CDBG-DR Holly Hill Chemical Tank Replacements Construction

Volusia County’s Office of Recovery and Resiliency (ORR) is seeking a single Contractor to construct the City of Holly Hill's proposed chemical tank replacements. This project is intended to aid in the recovery of Volusia County from the damage suffered from Hurricane Ian in September 2022 and this project is funded by a U.S. Dept. of Housing and Urban Development (“HUD”) Community Development Block Grant for Disaster Recovery (“CDBG-DR”).

This is a federally assisted project and is subject to Federal Labor Standards which include the Davis-Bacon Act (payment of prevailing wage rates) and the Copeland Act (anti-kickback of wages & submission of weekly certified payroll reports), as well as other provisions including 24 CFR 85.36 (bonding requirements), and Section 3 & MWBE. Laborers and mechanics employed by primary contractors and sub-contractors performing construction work on this project shall be paid wages at rates not less than the prevailing rates as determined by the Secretary of Labor in accordance with the Davis-Bacon Act. The prime contractor is responsible for the enforcement of wage compliance and support documentation for the duration of the project and may be held liable for wage restitution. The applicable information regarding the laws and regulations stated above are included in the bid packet.

Project Details

Reference ID: 26-B-52KW
Department: Recovery and Resiliency
Department Head: Dona Butler (Director)

Important Dates

Questions Due: 2026-05-15T03:59:00.000Z
Pre-Proposal Meeting: 2026-05-01T18:00:00.000Z — Purchasing Conference Room, 123 W. Indiana Avenue, Room 302, DeLand, Florida 32720

Evaluation Criteria

Preliminary Matters —
1. The County relied upon the accuracy of all forms submitted in response to the Solicitation in its decision to enter a Contract with Contractor for performance of the Work. Regardless of whether or not all forms required to be submitted in response to the Solicitation, are incorporated into the Contract Documents by reference, failure to submit any required form or knowing or negligent submission of inaccurate information on the forms shall be considered a material breach of the Contract.
2. Delivery of Bonds. The Contractor shall deliver to the County the required Payment & Performance Bond in accordance with §255.05 Florida Statutes, Article 5.2 herein and the exhibited Construction Contract. The Contractor shall record the bonds at the County of Volusia Clerk of the Court at Contractor’s expense.
3. Contractor’s Pre-Start Representations. Contractor represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract documents. Contractor also represents that to the extent it deems necessary it has studied all surveys and investigation reports of subsurface and latent physical conditions and made such additional surveys and investigations as it deems necessary for the performance of the Work at the contract sum in accordance with the requirements of the Contract Documents and that it has correlated the results of all such data with the requirements of the Contract Documents.
4. Commencement of Contract Time; Notice to Proceed. A Notice to Proceed (NTP) may be issued at any time after the County executes the Contract and after the occurrence of the Pre-Construction Conference.
5. Before Starting Construction:
  1. Before undertaking any part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. It shall at once report in writing to the County any conflict, error, or discrepancy which it may discover.
    1. Within ten (10) days after the County receives the signed Contract from the Contractor, Contractor shall submit to the County a tentative progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of shop drawing submissions and the completed schedule of values.
    2. Within twenty (20) days after the County receives the signed Contract from the Contractor, but before starting the Work at the site, a Pre-construction Conference will be held by the County to review the above schedules, to establish procedures for handling Shop Drawings, processing Applications for Progress Payment, preparation and maintenance of record drawings, Modifications, use of premises, safety procedures and housekeeping. The County representative; County Project Manager; CEI or A/E, if not the County representative; Resident Project Representative, if applicable; Contractor and their Superintendent(s); Subcontractors and their Superintendents; key suppliers and any other representatives of parties involved in the Project and others as required by the County shall be present at the Pre-construction Conference.
6. Starting the Project. Contractor shall not commence actual construction activity at the site prior to the date of commencement indicated in the Notice to Proceed without written authorization from the County.
Closing Date and Mandatory Pre-Solicitation Conference —
A. Construction Bid (ITB-C) Closing Date
Response must be received through the County's eProcurement Portal before 3:00 pm on Thursday, May 28, 2026. Responses received after this time will not be considered.
B. Pre-solicitation Conference
1. A mandatory pre-solicitation conference will be held at 2:00 pm on Friday, May 1, 2026 at Purchasing Conference Room, 123 W. Indiana Avenue, Room 302, DeLand, Florida 32720.
2. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386‑248‑1760 for assistance, at least two (2) business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the County’s ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at County of Volusia Notice Under the Americans With Disabilities Act (Title II) Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).
3. Mandatory Pre-solicitation: A representative of the firm must attend the meeting in its entirety to respond to this solicitation. Responses received from firms not documented and confirmed on the county's electronic RSVP sign-in sheet will be deemed non-responsive and will not be considered by the County. You may RSVP via the County's eProcurement Portal. The County will electronically record attendance of the firms via the County's eProcurement Portal. Additionally, the County of Volusia reserves the right to add a second mandatory pre-solicitation meeting, if the County deems it necessary.
Required Types of Insurance —
The Contractor shall purchase and maintain at its own expense, during the term of the Agreement, the types and amounts of insurance with limits no less than those shown in the Required Types and Limits of Insurance Chart associated with this Solicitation, in the form and from companies satisfactory to the County. The Required Types and Limits of Insurance Chart is a listing and general summary of insurance policies required and is not intended to be comprehensive as to the requirements of each specific policy. Contractors shall review the additional requirements in this section and ensure that the insurance policies comply with the specific terms and conditions therein.
For the purposes of indemnification of the County or an endorsement or insurance coverage under this Agreement/Contract under which the County is a “named insured”, “additional named insured”, or “additional insured”, the term “County” includes the County of Volusia (a body corporate and politic and a subdivision of the State of Florida), including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.
The policy limits for all required policies in the Required Types and Limits of Insurance Chart shall apply separately from one another and shall not be shared with any other coverage line or reduce the aggregate limit of any other insurance coverage form required.
Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements as stated in the Solicitation and/or Contract Documents.
Submission of Offers —
The County of Volusia is requesting proposals for the service and/or product(s) detailed within this solicitation. If your company is interested in submitting a proposal to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/volusia, by the date and time posted. The submission of responses prior to the specified date and time is solely and strictly the responsibility of the Respondent. Responses received after the posted date and time will not be considered. Additional information may be submitted with the response. No offer may be modified after acceptance. Terms and conditions differing from those in this solicitation may be cause for disqualification of the Response. Failure to provide the required information may result in the Response not being considered.
Responses submitted in OpenGov will remain locked and inaccessible by County purchasing staff until the Submission deadline.
Do not submit confidential information, proprietary information and/or trade secrets.
Acceptance: —
A formal action by the County of accepting a portion of the Work as being complete after inspection by the County Project Manager.
WORK COVERED BY CONTRACT DOCUMENTS —
This Contract is for the construction of the City of Holly Hill WTP & WRF Liquid Disinfection Conversion Project. The work consists of furnishing all labor, equipment, and materials for the costructin of the facilities consisting of, but not limited to, the following:
1. WTP:
2. 1. Selective demolition of the existing permanganate storage area and removal of permanganate storage tank, ladder, and all associated equipment.
  2. Modification to the existing permanganate storage area and installation of new hypochlorite storage tanks, pump skids, and related piping, valves, conduit and support
    equipment.
  3. Installation of new chemical feed tubing, chase pipe, pull boxes, and required fittings and replacement of PVC feed piping at the dosing location.
  4. Installation of a new shade structure on the retaining wall for the new hypochlorite system.
  5. Selective demolition of the existing gaseous chlorine storage and feed areas and restoration of all work areas.
1. WRF:
1. 1. Selective demolition of the existing sulfur dioxide and gaseous chlorine storage area and feed equipment.
  2. Modification of a storage area and installation of new liquid bisulfite storage and feed equipment.
  3. Modification of the existing sulfur dioxide and gaseous chlorine storage area and installation of new hypochlorite storage tanks, dosing skids, and related piping, valves, conduit and support equipment.
  4. Installation of new chemical feed tubing, chase pipe, pull boxes, and required fittings and replacement of PVC feed piping at the dosing location.
1. The Contractor shall furnish all labor, equipment, tools, services and incidentals to complete all Work required by these Specifications and as shown on the Drawings.
2. The Contractor shall perform the Work complete, in place, and ready for continuous service, and shall include repairs, testing, permits, cleanup, replacements and restoration required as a result of damages caused during this construction.
3. All materials, equipment, skills, tools and labor which is reasonably and properly inferable and necessary for the proper completion of the Work in a substantial manner and in compliance with the requirements stated or implied by these Specification or Drawings shall be furnished and installed by the Contractor without additional compensation, whether specifically indicated in the Contract Documents or not.
4. The Contractor shall comply with all City, County, State, Federal, and other codes which are applicable to this Project.
Proposal Overview —
Bids must be submitted via the County's eProcurement Portal. Bid is due before 3:00 pm on Thursday, May 28, 2026
The County of Volusia, Recovery and Resiliency is seeking a single, responsive and responsible bidder for the construction of CDBG-DR Holly Hill Chemical Tank Replacements Construction located at 453 LPGA Boulevard, Holly Hill, Florida 32117. The lowest responsive and responsible bidder shall be responsible for all applicable permitting, labor, materials, equipment, tools, transportation, services, and incidentals necessary to complete all Work required by the specifications and as shown on the drawings.
Contract No. C2073
Substantial Completion is 330
Final Completion is 30
ESTIMATED CONSTRUCTION COST: $2,049,017.50
Notice: any addenda issued during the bidding process will be available via the County's eProcurement Portal. It is the responsibility of all prospective Bidders to check the website for any addenda prior to the opening of the Bid.
A PRE-BID MEETING will be held at Purchasing Conference Room, 123 W. Indiana Avenue, Room 302, DeLand, Florida 32720 at 2:00 pm on Friday, May 1, 2026. While this is not mandatory, all interested parties are encouraged to attend and participate. It is the responsibility of the Bidder to become familiar with the site.
A virtual option for the PRE-BID meeting is also available at the following link:
Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/22079903564868?p=7BvUAqOlwmL3TgcNWW
Meeting ID: 220 799 035 648 68
Passcode: VV2m5Ci7
Dial in by phone
+1 386-456-3479,,613088760# United States, Orange City
Find a local number
Phone conference ID: 613 088 760#
Affidavit: —
An instrument, the form of which shall be provided by the County, which Contractor must provide as a condition precedent to certification of an Application for Progress Payment or as a condition precedent to certification of the application for final payment, unless the County has received an applicable Consent of Surety.
Purchase Order/Master Agreement Terms and Conditions —
The County's general terms and conditions for Purchase Orders or Master Agreements included as an exhibit with this RFQ shall apply unless otherwise noted.
Correlation, Interpretation and Intent of Contract Documents —
1. Intent. It is the intent of the Contract Plans and specifications to describe a complete Project to be constructed in accordance with the Contract and to include all items necessary for the proper execution and completion of the Work. The Contract Documents comprise the entire Contract between County and the Contractor. They may be altered only by a Modification in accordance with the Contract Documents.
2. Contract Documents. The Contract Documents are intended to be complementary; what is called for by one is as binding as if called for by all. The Contractor shall review the Contract Documents and if there is a conflict, error, discrepancy, or omission in these documents, it shall call it to the County’s attention in writing, at once, and before proceeding with the Work affected thereby. Generally, written figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings. Any Work that may reasonably be inferred from the Contract Documents, as being required to produce the intended result shall be supplied by the Contractor whether or not it is specifically stated in the Contract Documents. Work, materials, or equipment described in words, which so applied, have a well-known technical or trade meaning shall be deemed to refer to such recognized meanings.
3. Variance of Conditions:
  1. If the Contractor believes that any conditions met by it are at variance with the conditions shown by the Contract Documents, that there is any conflict, error, discrepancy or omission in the Contract Documents, or that any instructions given by the County are at variance with the Contract Documents, it shall notify the County in writing within seventy-two (72) hours of the discovery of such conflict, variance, error, discrepancy, or omission, specifying the same. No Work affected by such conflict, variance, error, discrepancy, or omission shall be done, except in the case of emergency endangering life or property, which would result in a claim by the Contractor for extra compensation until the question has been resolved as herein specified and in accordance with the Construction Contract. The Contractor shall, however, proceed with other Work not in question or affected thereby and not deemed by it to entitle it to extra compensation. The performance by the Contractor of Work affected by the conflict, variance, discrepancy, error, or omission without giving notice within the time above specified or after such notice and before the resolution of the question shall be deemed an acknowledgment by the Contractor that no extra cost is involved, and that if inappropriate, the Work so performed will be removed and replaced with proper Work, and shall constitute an absolute waiver of any claim for extra compensation resulting therefrom.
  2. If the County determines that a variance, conflict, error, discrepancy or omission exists, the correction of which the Contractor agrees will not involve extra cost, the County shall order the necessary change or correction and the Contractor shall proceed with the Work. If the Contractor does not agree that extra cost is not involved, the matter shall be submitted to the County in the manner provided for in the construction Contract. The Contractor shall proceed with the changes specified by the County to correct the variance, conflict, error, discrepancy or omission without further delay and the questions of extra compensation shall be determined as provided in the Contract Documents.
  3. Under any circumstances wherein delay in the Work during the determination of questions relating to variances, conflicts, errors, or discrepancies, or any other matter would involve, in the opinion of the Contractor, danger to life or property, or violation of applicable laws or regulations, the Contractor shall proceed with the Work and take such steps as it deems necessary to correct the condition. The Contractor shall notify the County within seventy-two (72) hours after the circumstances arose. If the Contractor believes the measures taken entitle it to extra compensation, the provisions of the construction Contract shall apply.
CONTRACTOR’S USE OF PREMISES —
A. The Contractor shall assume full responsibility for the protection and safekeeping of products and materials at the job site. If additional storage or work areas are required, they shall be obtained by the Contractor at no additional cost to the Owner.
Closing Date and Non-mandatory Pre-Solicitation Conference —
A. Construction Bid (ITB-C) Closing Date
Response must be received through the County's eProcurement Portal before 3:00 pm on Thursday, May 28, 2026. Responses received after this time will not be considered.
B. Pre-solicitation Conference
1. A non-mandatory pre-solicitation conference will be held at 2:00 pm on Friday, May 1, 2026 at Purchasing Conference Room, 123 W. Indiana Avenue, Room 302, DeLand, Florida 32720. While this is not mandatory, all interested parties are encouraged to attend and participate.
2. In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386‑248‑1760 for assistance, at least two (2) business days before any meeting date. Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Deputy Clerk by contacting the County’s ADA Coordinator at 386-248-1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at County of Volusia Notice Under the Americans With Disabilities Act (Title II) . Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).
3.Non-mandatory Pre-solicitation: You may RSVP via the County's eProcurement Portal. The County will electronically record attendance of the firms via the County's eProcurement Portal. Additionally, the County of Volusia reserves the right to add a second pre-bid meeting, if the County deems it necessary.
Subcontractors/Subconsultants and Independent Contractors/Consultants —
All subcontractors & independent contractors utilized by Contractor to provide services to County and its employees under this Agreement/Contract shall be required to maintain all insurance policies with the same terms, conditions, and requirements required of the Contractor in the Required Types and Limits of Insurance Chart and described in this Solicitation.
Agreement: —
This Solicitation document between the County and the awarded Contractor(s) along with any written addenda and other written documents, which are expressly incorporated by reference. May be used interchangeably with Contract.
Compliance with Ordinances, Regulations, and Laws —
The County reserves the right to require proof that the Respondent is an established business and is abiding by all applicable local, State, and Federal ordinances, regulations, and laws. This may include, but is not limited to, business tax receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, and/or registration with the Florida Department of State, Division of Corporations' Sunbiz website at www.sunbiz.org.
Availability of Lands; Physical Condition; Reference Points —
1. Availability of Lands:
  1. County shall furnish, as indicated in the Contract Documents and no later than the date when needed by Contractor, access to the lands upon which the Work is to be done, right-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by County, unless otherwise specified in the Contract Documents. If Contractor believes that any delay in County’s furnishing these lands or easements entitles it to an extension of the contract time, it may make a claim therefore as provided in the exhibited Construction Contract. County will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment as shown in the Contract Documents.
  2. The County will furnish to the Contractor copies of all available boundary surveys upon request.
2. Unforeseen Physical Conditions. Contractor shall notify County within seventy-two (72) hours of discovery of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. County shall promptly investigate those conditions and determine if further surveys or subsurface tests are necessary. Promptly thereafter, County shall obtain the necessary additional surveys and tests and furnish copies to Contractor. If County finds that physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Modification shall be issued incorporating the necessary revisions.
3. Reference Points:
  1. Unless otherwise provided in the Contract Documents, Contractor shall lay out its Work from base lines and benchmarks established by the County and shall be responsible for all measurements in connection therewith.
  2. Unless otherwise provided in the Contracts Documents, the County will furnish upon request by the Contractor, all location and limit marks reasonably necessary for the execution of the Work. Benchmarks will also be established by the County at pertinent points for control of elevations and for grades unless otherwise provided in the Contract Documents.
  3. The Contractor shall, at its own expense, furnish all stakes, templates, patterns, platforms, equipment, and labor that may be required in setting and cutting, or laying out any part of the Work. After baselines and benchmarks for the Work have been provided by the County, the Contractor shall be held responsible for the proper execution of the Work to such lines and grades and all stakes or other marks shall be preserved by the Contractor until removal is authorized. The County may require that the Work be suspended at any time when for any reason such marks cannot be properly followed.
  4. The Contractor shall keep the County informed, a reasonable time in advance, of the times and places at which it intends to do Work in order that lines and grades may be furnished, that inspection may be provided and that necessary measurements for the record may be made with the minimum of inconvenience to the County or of delay to the Contractor.
  5. The Contractor shall report to the County whenever any reference point is lost or destroyed, or requires relocation because of changes in grades or locations. The Contractor shall replace and accurately relocate all reference points so lost, destroyed, or moved.
PROJECT SEQUENCE —
A. The Contractor shall establish their work sequence based on the use of crews to facilitate completion of construction and testing within the specified Contract Time.
Closing Date and Pre-Solicitation Conference —
A. Construction Bid (ITB-C) Closing Date
Response must be received through the County's eProcurement Portal before 3:00 pm on Thursday, May 28, 2026. Responses received after this time will not be considered.
B. No Pre-solicitation Conference will be held.
Claims Made Basis Insurance Policies —
All insurance policies written on a Claims Made Form shall maintain a retroactive date prior to or equal to the effective date of the Agreement. The Contractor shall purchase a Supplemental Extended Reporting Period (“SERP”) with a minimum reporting period of not less than three (3) years in the event the policy is canceled, not renewed, switched to occurrence form, or any other event which requires the purchase of a SERP to cover a gap in insurance for claims which may arise under or related to the Agreement. The Contractor’s purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. In addition, the Contractor shall require the carrier immediately inform the Contractor, the County Risk Manager, and the Purchasing and Contracts Division of any contractual obligations that may alter its professional liability coverage under the Agreement.
Authorized Official —
The Solicitation response and all required forms must be submitted/signed by an official authorized to legally bind the Respondent to all Solicitation provisions. A Memorandum of Authority may be submitted to document that the individual is authorized to commit the firm to a contract.
Contractor's Responsibilities —
1. Work Performed by Contractor. If indicated in the Contract Documents or Solicitation, Contractor shall perform the required percentage of Work stated as measured by cost (equipment and labor, but not materials) within Contractor’s own firm. Failure of the Contractor to perform the required percentage of Work constitutes a material breach of the Contract.
2. Construction Office. County may require, on a job by job basis, that Contractor shall provide and maintain an office, complete with telephone, heat, and air conditioning, that provides adequate space for use by both Contractors employees and the County Project representative. The location of such office shall be on the Project site or as approved by the County’s Project Manager.
3. Supervision and Superintendence:
  1. Contractor shall supervise and direct the Work efficiently and with its best skill and attention and in accordance with the construction Contract. It shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor shall be exclusively responsible to see that the finished Work complies accurately and completely with the Contract Documents.
  2. Contractor shall maintain on the worksite at all times during Work progress a competent resident Superintendent, who shall not be replaced without written notice to County except under extraordinary circumstances. The Superintendent will be the Contractor’s representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the Superintendent shall be as binding as if given to Contractor.
4. Labor, Materials, and Equipment:
  1. The Contractor shall provide competent, qualified personnel to lay out its Work from baselines and benchmarks established and to perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site.
  2. Contractor shall furnish all material, equipment, transportation, labor, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work, unless otherwise provided in the Contract Documents.
  3. All materials and equipment incorporated into the Project shall be new except as otherwise provided in the Contract Documents. If required by County, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
  4. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents.
  5. The Contractor shall be responsible for providing a complete and operable installation of all equipment it furnishes. Any changes or Modifications required to the Contract Documents as a result of the equipment manufacturer’s requirements, and all adjustments to all other Work affected thereby, including but not limited to, added engineering costs due to redesign (to be paid to a design professional), structural, mechanical, electrical, heating, ventilation and air conditioning changes shall be borne by the Contractor at no additional cost to the County.
5. Substitute Materials or Equipment:
  1. If the Contract Documents allow Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, it shall submit to County all pertinent information, plans, documents, data and material which may be necessary or desirable for County to evaluate whether the material or equipment is an acceptable substitute. By virtue of such submittal, Contractor thereby warrants and represents that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to the specified and be suited to the same use and be capable of performing the same function as the specified material or equipment.
  2. In addition, Contractor shall, prior to the Pre-Construction Conference, make written application to County for approval of such substitute material or equipment which shall include a certification as to the satisfaction of the requirements of the above Section, Substitute Materials or Equipment, subsection 1, and which shall also state whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty and shall identify all variations of the proposed substitute from that specified. At the election of County, Contractor shall also have the substitute supplier of material or equipment sign the certification required by this paragraph.
  3. No substitute materials or equipment shall be ordered or installed without the written approval of County who will be the sole judge of equality, and County may require Contractor to furnish such other data as it considers appropriate. No materials or equipment shall be ordered or installed without first complying with the above Section, Substitute Materials or Equipment, subsection 1 and 2. The approval by County of any substitute material or equipment shall not diminish the Contractor’s or supplier’s responsibility for the material or equipment submitted as a substitute under this article.
  4. For the rare occasions that it becomes necessary to use an item of equipment or material which is of a different type than the equipment or material specified (because of delays in delivery, strikes, discontinuance of manufacture of items specified or the approved substitutions prior to award), or the approved equal thereof, the County, by Modification to the Contract, may authorize the use of such different type equipment or material. Each such different type item (and possibly changes in other parts of the Work related to the item) may be the same, more or less, in cost than the item specified. In its request for use of such different type item, the Contractor shall submit to the County in writing a complete description of the proposed item including dimensions, operational characteristics, changes (if any) that will be required to other related parts of the Work, etc. It shall also submit to the County in writing full information as to costs of the item specified, the cost of the different type item being proposed as well as costs (additional or credits) of changes (if any) to any related parts or the Work. Such information shall be in such form and detail as to permit the County to check, to its satisfaction, the costs involved.
6. Subcontractors:
  1. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment) whether initially or as a substitute against whom County may have reasonable objection. A Subcontractor or other person or organization identified in writing to County by Contractor prior to the notice of award and not objected to in writing by County prior to the notice of award will be deemed acceptable to County in most circumstances. Acceptance of any Subcontractor, other person, or organization by County shall not constitute a waiver of any right of County to reject defective Work or Work not in conformance with the Contract Documents. If County or after due investigation has reasonable objections to any Subcontractor, other person or organization proposed by Contractor after the notice of award, Contractor shall submit an acceptable substitute. Contractor shall not be required to employ any Subcontractor, other person, or organization against whom it has reasonable objection. Contractor shall not, without the consent of County, make any substitution of any Subcontractor, other person, or organization who has been accepted by County unless County determines that there is good cause for doing so.
  2. Contractor shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by them and of persons, and organizations for whose acts any of them may be liable to the same extent that it is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between the County and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of County to pay or to cause the payment of any monies due any Subcontractor or other person or organization, except as may otherwise be required by law. County may furnish to any Subcontractor or other person or organization to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done in accordance with the schedule of values.
  3. The divisions and sections of the specifications and the identifications of any drawings shall not control Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade.
  4. Contractor shall incorporate the terms and conditions of the Contract Documents into its contracts with Subcontractors and shall require Subcontractors to do the same with any lower tier contractors or suppliers.
  5. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all claims and rights the contracting parties may have against one another for damages caused by fire or other perils provided in accordance with these general conditions to the extent payment is actually made under insurance, except such rights as they may have to the proceeds of such insurance held by the County. The Contractor shall pay each Subcontractor a just share of any insurance money received by the Contractor.
7. Patent Fees and Royalties. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of County its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by County in the Contract Documents.
8. Permits:
  1. Contractor shall obtain and pay for all required permits and licenses, except as otherwise noted, and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work.
  2. Contractor shall obtain and pay for any bonds and insurances that may be required by the various permits.
9. Laws and Regulations. The Contractor shall be responsible to know, apply, and comply with all applicable federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the Work. If Contractor observes that the Contract Documents are at variance therewith, it shall give County written notice thereof, within seventy-two (72) hours of its observation, and any necessary changes shall be adjusted by an appropriate Modification. If Contractor performs any Work it knows or should know is contrary to such laws, ordinances, rules and regulations, and without such notice to County, it shall bear all costs related to bringing the Work into compliance.
10. Use of Explosives. No blasting shall be done except upon approval by the County and the governmental agency or political subdivision having jurisdiction. When the use of explosives is approved by the County as necessary for the execution of the Work, the Contractor shall use the utmost care so as not to endanger life or property, and assume responsibility for any such damage resulting from its blasting operations and, whenever directed, the number and the size of the charges shall be reduced. All explosives shall be stored in a secure manner and all such storage places shall be marked clearly “DANGEROUS EXPLOSIVES” and shall be in the care of competent watchmen. All permits required for the use of explosives shall be obtained by the Contractor at its own expense. All requirements of the governmental agency issuing the permit shall be observed.
11. Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by it in compliance with the law of the place where the Work is to be performed, unless otherwise stipulated elsewhere in the Contact Documents.
12. Use of Premises:
  1. Contractor shall confine its equipment, the storage of materials and equipment and the operations of its workers to areas permitted by law, ordinances, permits or the requirement of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.
  2. Contractor shall not place or maintain, or allow to be placed or maintained, any advertising matter, sign, bill, poster, etc., on or about the site, except those required by law or by the Contract Documents, unless approved by the County, in writing.
  3. Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall it subject any part of the Work to stresses or pressures that will endanger it.
  4. Project Sign. One sign shall be furnished and installed by the Contractor at a location determined by the County Project Manager.
  5. Use of Public Streets. The use of public streets shall be such as to provide a minimum of inconvenience to the public and to other traffic. The Contractor shall remove any earth or other excavated material spilled from trucks, and the street cleaned to the satisfaction of the County, and at those times as directed by the County.
  6. Clearing of Site/Parking. There shall be no clearing of the site for purpose of parking equipment or the storage of products/materials. All equipment shall be parked as designated by the County staff.
  7. Ground Disturbance. County staff or a professional archaeologist (services retained by the County) must be present on the site during ground disturbance activities for the purpose of monitoring for the presence of archaeological and historical resources. Should such resources be found, the Contractor shall immediately cease all, ground disturbance and construction activity and immediately contact the County. The Contractor shall not resume construction or site disturbance activities until such time as given approval by the County.
  8. D.E.P. Permit. Should a Florida Department of Environmental Protection Permit for Stormwater Discharge from Large and Small Construction Activities be required for this project, Contractor shall be responsible for using the most recent version.
13. Record Plans. Throughout the Project, Contractor shall maintain records of all deviations from the Contract Plans and specifications and shall prepare record drawings showing correctly and accurately all changes and deviations from the Work made during construction to reflect the Project as it was actually constructed. These drawings shall conform to recognized standards of drafting, shall be neat and legible. Contractor shall be liable to County for the cost to develop record drawings upon Contractor’s failure or refusal to provide same in a timely manner. Contractor shall keep one copy of the record of all drawings, specifications, addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These documents shall be available to County at all times.
14. Safety and Protection. The Contractor will be solely responsible for initiating formulating, supervising, reviewing, and overseeing any and all safety precautions, practices, procedures, and programs which are or should be provided in connection with the Work. Contractor will take all necessary or proper precautions for the safety of and will provide the necessary protection to prevent damage, injury, or loss to:
  1. All employees on the work site and any other person who may be affected thereby whether or not such person is involved with the Work.
  2. All the Work and all materials or equipment to be incorporated therein whether in storage on or off the site.
  3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.
  4. Care of Trees, Shrubs, and Grass. The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees, and shrubs outside designated work area. Where maintained shrubbery, grass strips, or area must be removed or destroyed incidental to the construction operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all destroyed or damaged shrubbery or grass areas. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed.
  5. Damage to Existing Structures and Utilities. The Contractor shall be responsible for and make good all damage to pavement beyond the limits of contract Work, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures, which may be encountered, whether or not shown on the drawings. Information shown in the Contract Documents as to the location of existing utilities has been prepared from the most reliable data available to the Architect/Engineer. This information is not guaranteed, however, and it shall be this Contractor’s responsibility to determine the location, character, and depth of any existing utilities. It shall assist the utility companies, by every means possible, to determine said locations. Extreme caution shall be exercised to eliminate any possibility of damage to utilities resulting from Contractor’s activities.
  6. Adjustments of Utility Castings, Covers and Boxes. All existing utility castings, including valve boxes, junction boxes, manholes, hand holes, pull boxes, inlets, and similar structures in the areas of grading and paving shall be adjusted by the Contractor to bring them flush with the surface of the finished Work, if so shown on the drawings. Where these items are not shown on the drawings (to be adjusted by Contractor) will be the utility owner’s responsibility to adjust them.
  7. Notification to Utility Companies. The excavators shall comply with applicable law regarding notification of existing gas and oil pipeline company owners. Evidence of such notice shall be furnished to the County prior to excavating.
  8. Maintenance of Traffic. The Contractor shall be responsible for the proper maintenance, control, and detour of traffic in the area of construction during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of Volusia County or the Florida Department of Transportation “Manual of Traffic Control of Safe Practices for Streets and Highway Construction, Maintenance, and Utility Operations.” It shall be the Contractor’s responsibility prior to submitting its Response, to determine these requirements so that its Response reflects all costs to be incurred. No claims for additional payment will be considered for costs incurred in the proper maintenance, control, detour, and protection of traffic.
  9. At least one lane of traffic in each direction shall be maintained at all times, unless otherwise authorized by the Architect/Engineer. Access to each business shall be maintained during business hours. If more than one access to a business is available, closing one driveway temporarily may be done with the approval of the inspector and the County traffic engineer.
  10. The Contractor shall provide a traffic plan for each construction phase and shall obtain approval from the County’s traffic engineer at least forty-eight (48) hours in advance when a change in the plan will be required. The plan must be approved prior to implementation. All necessary signing and pavement marking will be in place prior to the change in traffic pattern. Drop-offs adjacent to a moving lane of traffic shall be properly barricaded with steady burn barricades.
  11. The Contractor shall keep all law enforcement, fire protection and ambulance agencies informed, in advance, of its construction schedules, and shall notify all such agencies, forty-eight (48) hours in advance, in the event of a detour of any roadway.
  12. All traffic control signs, arrow boards, barricades, flashers, message boards, and similar devices shall be furnished and maintained by the Contractor.
  13. Temporary Traffic Striping. See technical specifications.
  14. Barricades and protection of Work. The Contractor shall protect its Work throughout its length by the erection of suitable barricades and handrails where required. It shall further indicate this Work at night by the maintenance of suitable lights or flares, especially along or across thoroughfares. Wherever it is necessary to cross a public walk, it shall provide a suitable safe walkway with hand railings. It shall also comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out its Work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times.
  15. Safety. The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed in performing the Work. The Contractor shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning Occupational Safety and Health Administration (OSHA) and all applicable state labor laws, regulations, and standards. The Contractor shall indemnify, defend and hold harmless the County from and against all liabilities, suits, damages, costs, and expenses (including attorneys' fees and court costs) which may be imposed on the County because of the Contractor, Subcontractor, or supplier's failure to comply with the regulations.
15. Emergencies. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, Contractor, without special instruction or authorization from County is obligated to act at its discretion to prevent threatened damage, injury or loss. It shall give County written notice within seventy-two (72) hours of any significant changes in the Work or deviations from the Contract Documents caused thereby. If Contractor believes that additional work done by it in an emergency which arose from causes beyond its control entitles it to an increase in the Contract Sum or an extension of the Contract Time, it may make a claim therefore as provided in the Construction Contract.
16. Cleaning. Contractor shall, in accordance with the Contract Documents, keep the Project site free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at the completion of the Work it shall remove all waste materials, rubbish and debris from and about the Project as well as all tools, construction equipment and machinery, and surplus materials and shall leave the site clean and ready for occupancy and use by County. Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents.
17. Trench Excavation Safety System and Shoring, Special (Trench Excavation). The Contractor shall certify that all trench excavation done within its control in excess of five feet in depth complies with OSHA trench safety standards and special shoring requirements contained in 29 C.F.R., S. 1926.650, subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security (DLES). Inspections required by OSHA trench excavation safety standards shall be provided by the Contractor unless provided otherwise in the Contract Documents. The Contractor also agrees that it has obtained identical certification from its Subcontractors that performed trench excavation, and that it will retain such certifications in its files for a period of not less than three years following final acceptance. The Contractor shall consider all available geotechnical information in its design of the trench excavation safety system.
Agreement Cancellation —
1. The County reserves the right to cancel any Agreement resulting from this RFQ without cause with a minimum thirty (30) days written notice to the Contractor.
2. The Contractor may cancel the Agreement resulting from this RFQ without cause with a minimum thirty (30) days written notice to the County.
Risk Retention Groups and Pools —
Contractor shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or Pool.
Agreement Administrator: —
The Director of Purchasing and Contracts or designee shall serve as Agreement Administrator. The Agreement Administrator shall be responsible for addressing any concerns within the scope of the Agreement. Any changes to the resulting Agreement shall be made in writing and authorized by the Director of Purchasing and Contracts.
Respondent's Responsibility —
The Respondent, by submitting a Response, represents that:
1. The Respondent has read and understands the Solicitation in its entirety and that the Response is made in accordance therewith;
2. The Respondent possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County;
3. The Respondent has made all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the Agreement and to verify any representations made by the County of Volusia, Florida, upon which the Respondent will rely. If the Respondent receives an award because of its Response, failure to have made such investigations and examinations will in no way relieve the Respondent from its obligations to comply in every detail with all provisions and requirements of the Agreement, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Respondent for additional compensation or relief; and,
4. The Respondent will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the Agreement term or up to and including three (3) fiscal years following the County’s annual audit.
5. The Respondent shall examine the drawings, specifications, and other Contract Documents (as applicable) carefully and inform itself thoroughly regarding any and all conditions and requirements, including the construction schedule that may in any manner affect the Work to be performed under the Agreement. Ignorance on the part of the Contractor shall in no way relieve itself of the obligations and responsibilities assumed under the Agreement.
Amendment: —
A written agreement approved by the Director of Purchasing and Contracts and signed by the County or the County Manager, if authorized within the Agreement, and Contractor, which authorizes a modification or revision to one or more terms or conditions or exhibits of the Agreement.
Minimum Required Policies and Limits —
Minimum underlying policies, coverages, and limits shall include all policies listed in the Required Types and Limits of Insurance Chart.
Definition of Responsive and Responsible for this Solicitation —
Each Response shall be evaluated for conformance as responsive and responsible using the following criteria:
Criteria should be customized to fit your project.
1. Proper submittal of ALL documentation as required by this Construction Bid (ITB-C). (Responsive)
2. The greatest benefits to Volusia County as it pertains to: (Responsible)
  1. Total Cost;
  2. Delivery;
  3. Past Performance. In order to evaluate past performance, all Respondents are required to submit a list of three (3) references / relevant projects completed within the last three (3) years that are the same or similar in magnitude to this Solicitation. The County of Volusia shall not be listed as a reference; Customized to your project requirements.
  4. All technical specifications associated with this Construction Bid (ITB-C);
  5. Any other criteria that may be specific to your Construction Bid (ITB-C), not necessarily everything specified here.
Financial Stability: All Respondents shall be prepared to supply a financial statement upon request, preferably a certified audit of the last available fiscal year.
Respondents are reminded that award may not necessarily be made to the lowest Response. Rather, award will be made to the most/lowest responsive, responsible, Respondent whose Response represents the best overall value to the County when considering all evaluation factors. Select the word that is appropriate for your project Revenue contracts will be “most”
Work by Others —
1. Work by the County. County may perform additional work related to the Project by itself, or it may let other direct Contracts therefore. Contractor shall afford the other Contractors who are parties to such direct contracts (or County, if it is performing the additional work itself) reasonable opportunity for the introduction and storage of materials and equipment for the execution of work, and shall properly connect and coordinate its Work with theirs.
2. Contractor’s Responsibility:
  1. If any part of Contractor’s Work depends for proper execution or results upon the work of any such other contractor or County, Contractor shall, prior to commencing the Work, inspect and promptly report to County in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. Its failure to so report shall constitute an acceptance of the other work as fit and proper for the relationship to its Work.
  2. Contractor shall do all cutting, fitting and patching of its Work that may be required to make its several parts come together properly and fit it to receive or be received by such other Work. Contractor shall not endanger any Work of others by cutting, excavating or otherwise altering others Work and will only cut or alter others Work with the written consent of County and of the other contractors whose Work will be affected.
3. Work by Others Not Noted. If any performance of additional work by other Contractors or County is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to Contractor prior to starting any such additional work. If Contractor believes that the performance of such additional work by County or others involves it in additional expense or entitles it to an extension of the Contract Time, it may make a claim therefore as provided in the exhibited construction Contract.
Additional Insured, Policies, Coverages, Limits, Primary and Non-Contributory Basis —
Under all insurance policies where the County and City are required to be an additional insured, the coverage and limits provided to the County and City under Contractor’s insurance policies shall be that listed in the Required Types and Limits of Insurance Chart or the Contractor’s actual limits, whichever is higher. All coverage provided to the County and City as an additional insured by said policies shall be primary and shall not be additional to or contributing with any other insurance or self-insurance maintained by the County and City or any other insurance contractually available for the benefit of the County and City. Contractors performing construction projects shall utilize ISO Forms CG 20 38 and CG 20 37, or their equivalents to provide additional insured status to the County and City and any party to whom the County is contractually bound to provide additional insured status under a commercial general liability policy.
Obligation of Respondent to Inform Itself as to all Conditions Relating to Project —
A. The Respondent, by and through the submission of its Response, agrees that it shall be responsible for having examined the site, the location of all proposed Work, and for having satisfied itself from experience or professional advice as to the character and location of the site, the nature of the ground, surface, and subsurface, the water elevations, location of buried utilities, and any other conditions surrounding and affecting the Work, any obstructions, the nature of any existing construction, and all other physical characteristics of the job, in order that it may include in the Response all costs pertaining to the Work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which may be encountered in doing the proposed Work.
B. Any records of contours, obstructions, and other subsurface investigations shown on the drawings or included hereinafter were made solely for design purposes for the Work; and the County and its Engineer do not warrant, guarantee, or represent that said data is correct with respect to actual subsurface conditions; therefore, the Respondent, by and through the submission of its Response affirms that it has made, or caused to be made, its own test holes and/or other investigations of such subsurface conditions, and/or that it has otherwise satisfied itself with respect to such conditions; and should the Respondent be awarded the Contract, it agrees that it shall make no claims against the County, County Engineer, or its consultants if, in carrying out the Work, it finds that the actual conditions do not conform to those indicated.
C. The Respondent, in preparing a Response, shall take into consideration that Work by other Contractors may be in progress at or near the site during the performance of the Work to which the Response relates and that it shall be expected, should it be awarded a Contract, to avoid interference with Work done by such other contractors and to coordinate its Work with other contractors at the site.
D. The Respondent shall be responsible for having determined to its satisfaction, prior to the submission of its Response, the nature and location of the Work, the conformation of the ground, the character and quality of the substrata, the types and quantity of materials to be encountered, the nature of the ground water conditions, the character of equipment and facilities needed preliminary to and during the execution of Work, the general and local conditions and all other matters which can in any way affect the Work under this Contract. The prices established for the Work to be done shall reflect all costs pertaining to the Work. Any claims for extras based on substrata or ground water table conditions will not be allowed.
E. Permits. Prior to submission of its Response, the Respondent shall review the section titled Permits of the General Conditions.
County's Rights and Responsibilities —
1. General:
  1. County shall issue most communications related to administration of the Project to Contractor through the CEI or A/E Consultant selected and compensated by the County, if such a person has been contracted on the Project.
  2. County shall promptly furnish data required under the Contract Documents and make prompt payments to the Contractor in accordance with Contract Documents and applicable law.
  3. County’s duties in respect to providing lands and easements and possibly engineering surveys to establish reference points, unless otherwise stipulated elsewhere, are set in the Contract Documents.
Local Preference Prohibited —
This project is funded by monies that prohibit the local preference provision and local preference does not apply per the General Terms and Conditions section Local Preference.
Application for Progress Payment: —
May refer to the actual written form or the Contractor’s act of submitting the written form to the County to request payment for a portion of the Work prior to an application for final payment. The actual form shall be supplied by the County.
Bid or Bid Documents: —
The Contractor’s written submission to the County in response to the Invitation to Bid (ITB) issued by the County for this Project. Used interchangeable with Response.
CEI’S (A/E’S) Status During Construction —
1. County’s Representative. Construction project administration, inspection, and acceptance of materials and workmanship shall be the responsibility of the County. Unless otherwise provided elsewhere in the Contract Documents, the CEI or A/E shall be the County’s designated representative during the construction period. Accordingly, the terms “Engineer,” “inspector” and other references to the person or persons granting approval, authority, or permission, conducting inspections or tests, observing the Work and so forth, may refer the CEI or A/E. The duties and responsibilities and the limitations of authority of CEI / A/E as County’s representative during construction will be set forth in more detail at the Pre-Construction Conference. Should the County appoint as its representative a party other than the CEI or A/E, County shall give Contractor prompt notice.
2. Visits to Site. The CEI or A/E shall maintain an office at the site for the exclusive purpose of observing the progress of the Work in order to evaluate, in general, whether the Contractor is achieving the applicable performance parameters as generally embodied in the Project’s design and communicated via the Contract Documents. The CEI or A/E shall not be responsible either directly or indirectly for the Contractor’s initiation, formulation, supervision or overseeing of construction means, methods, techniques, sequences or procedures, or safety precautions, practices, procedures or program employed in connection therewith. These matters shall be within the exclusive discretion, control, and responsibility of the Contractor(s). CEI or A/E shall not in any way be responsible for the failure of Contractor (s) to perform the construction Work in accordance with the Contract Documents. The CEI or A/E shall keep the County informed (i.e. written reports of the progress and quality of Work) and regarding the progress and quality of the Work performed by Contractor including, but not limited to, responsibility for assisting the County in responding to requests for information, review and certification of Applications for Progress Payment, application for Final Payment, periodic inspections including a Substantial Completion inspection and Final Completion inspection, as well as review and approval of the Contractor’s punchlist.
3. Clarifications and Interpretations. CEI or A/E will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of drawings or otherwise) as may be necessary, which shall be consistent with or reasonable inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification and interpretation entitles it to an increase in the Contract Sum, the Contractor may make a claim therefore as provided in the exhibited Construction Contract. No oral clarification or interpretation shall be valid.
4. Rejecting Defective Work:
  1. CEI or A/E will have authority to disapprove or reject Work which is “defective” (which term is hereinafter used to describe Work that is unsatisfactory, faulty, or defective, or does not meet the requirements of any inspection, test, or approval process utilized by the CEI or A/E, or has been damaged prior to approval of Final Payment or otherwise fails to comply with the Contract Documents). CEI or A/E will also have authority to require special inspection or testing of the Work as provided in the section titled Warranty and Guarantee; Testing and Inspections; Correction, Removal or Acceptance of Defective Work herein, whether or not the Work is fabricated, installed, or completed.
  2. Such authority to disapprove or reject or to require special inspection or testing shall not be construed as giving the CEI or A/E, either directly or indirectly, any power, control or authority over the Contractor’s construction means, methods, techniques, sequences or procedures (or safety precautions, practices, procedures or programs employed in connection therewith) and shall not be construed as giving the CEI or A/E the power, control or authority to stop the Work, but CEI or A/E shall recommend to County to order stopping the Work if it is in the County’s best interest.
5. Shop Drawings, Modification Orders and Payments:
  1. In connection with CEI’s or A/E’s responsibility for Shop Drawings and samples, see the appropriate section of the Contract Documents related to Shop Drawings and submittals.
  2. CEI or A/E may have responsibility for assisting the County with drafting and approval of Modification Orders at the County Engineer’s discretion.
  3. In connection with CEI’s responsibilities with respect to assisting the County with processing Applications for Progress Payments, etc., see the section titled Payments and Completion herein.
6. Resident Project Representatives. If the County and CEI, or A/E agree, the CEI or A/E will furnish a Resident Project Representative and assistants to assist the CEI or A/E in carrying out its responsibilities at the site. If the CEI or A/E is not authorized by the County to provide a Resident Project Representative, the County will provide a County representative authorized to perform such duties.
7. Decisions on Disagreements:
  1. The CEI or A/E may, at County’s direction, be the initial interpreter of the requirements of the Contract Documents and the judge of the Contractor’s performance thereunder. In its capacity as interpreter and judge, it will exercise its best efforts to insure faithful performance of the Work by Contractor. Claims, disputes and other matters relating to the execution and progress of the Work, or the interpretation of or performance under the Contract Documents shall be referred to the CEI or A/E for decision, which it will render in writing within a reasonable time.
  2. Should Contractor object to any decision by the CEI or A/E with respect to any such claim, dispute or other matter that has been referred to the CEI or A/E, except any which have been waived by the making or acceptance of final payment as provided in the subsection titled Contractor's Continuing Obligation, such objection shall be resolved in accordance with the General Terms and Conditions section titled Dispute Resolution.
Local Preference Availability —
This project is not funded by monies that prohibit the local preference provision and local preference does apply per the General Terms and Conditions section Local Preference.
Execution of Offer —
Offer shall contain a signature in the space(s) provided of a representative authorized to legally bind the Respondent to the provisions therein. All spaces requesting information from the Respondent or asking a question of the Respondent shall be completed.
Execution of Contract —
The Respondent to whom a Contract is awarded will be required to execute the prescribed Contract and Payment and Performance Bond, if required, within ten (10) business days from the date of notice of award of the Respondent's Proposal.
Changes in the Work —
1. Additions, Deletions, or Revisions by County. The County, without invalidating the Contract, may order extra Work or make changes by altering, adding to, or deducting from the Work. Modifications to the Contract shall be made in accordance with the Contract Documents. Adjustments to the Contract Sum may require final approval in accordance with County purchasing procedures which may require County Manager or County Council approval. Contractor shall not delay the progress of the Work on account of waiting for County Council approval if the County Engineer has recommended approval by County Council of a change to the Contract Sum in an amount agreeable to the Contractor.
2. 218.755 Prompt processing of change orders. For any contract for construction services entered into on or after July 1, 2025, if a local governmental entity receives from its contractor a price quote for a change order requested or issued by the local governmental entity for construction services, and the price quote conforms to all statutory requirements and contractual requirements for the project, the local governmental entity must approve or deny the price quote and send written notice of that decision to the contractor within 35 days after receipt of such quote. A denial notice must specify the alleged deficiencies in the price quote and the actions necessary to remedy those deficiencies. If the local governmental entity fails to provide the contractor with a notice in compliance with this section, the change order and price quote are deemed approved, and the local governmental entity must pay the contractor the amount stated in the price quote upon the completion of the change order. A contract between a local governmental entity and a contractor may not alter the local governmental entity's duties under this section.
3. Minor Changes by Engineer. In giving instructions, the County shall have authority to make minor changes in the Work not involving extra cost or time and not inconsistent with the purposes of the Contract. If Contractor believes that any minor change or alteration authorized by County entitles it to an increase in the Contract Sum, it may make a claim therefore as provided in the exhibited construction Contract or specifications.
4. Unauthorized Work by Contractor. Additional Work performed by Contractor without written authorization from the County is at the Contractor’s own risk. Contractor shall not be entitled to an increase in the Contract Sum or an extension of the Contract Time without an executed Modification.
5. Modifications:
  1. County and Contractor shall execute Modifications in accordance with the Contract Documents.
  2. It is the Contractor’s responsibility to notify its surety of any changes affecting the Scope of Work or change in the Contract Sum, and the amount of the applicable bonds shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to County upon request.
  3. Upon delivery by the County of a fully executed Modification, the Modification shall be deemed a part of this Contract in all respects and the Contractor shall proceed accordingly upon delivery of a fully executed copy thereof.
  4. The Contractor shall not proceed with any part of the Work affected by said Modification until signed by the County. If, however, the delay for said time would cause, in the opinion of the Contractor, a material increase in the cost to the Contractor for completing the Work or would affect the ability to complete the Project within the Contract Time, the Contractor may proceed at its own risk. The failure of the Contractor to proceed during said time shall be deemed its acknowledgment that the delay will not cause any such expense or delay to Contractor.
  5. It is the specific intent of the parties that the Work required is to be performed at the firm prices stated and that no extras or changes in the Work, either additions or deletions involving a change in the Contract Sum, shall be undertaken or performed by the Contractor, except as expressly provided by the Contract Documents.
Disposal of Materials —
If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the Agreement.
Bidder —
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a proposal for the purpose of obtaining a Contract with the County for the provision of the services requested in the Solicitation. Can be used interchangeably with Proposer and Respondent.
Payment Terms —
1. The County will remit full payment on all undisputed invoices within twenty (20) business days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the invoice(s) or receipt of all products or services ordered.
2. Pursuant to Chapter 218, Florida Statutes, the County will pay interest not to exceed one percent (1%) per month on all undisputed invoices not paid within thirty (30) days after the due date.
3. The County has the capability of Electronic Funds Transfer (EFT). List any discounts for prompt payment and/or willingness to accept Electronic Funds Transfer (EFT) and the discount to be applied to such payments. Contractors offering prompt payment discounts, for example 1% - net 10, the discount shall be taken if the check issue date is within specified time period from date of invoice.
By submitting a Response to the County of Volusia, Florida, the Respondent expressly agrees that, if awarded an Agreement, the County may withhold from any payment monies owed by the Respondent to the County for any legal obligation between the Respondent and the County, including, but not limited to, real property taxes, personal property taxes, fees, and commissions.
Workers’ Compensation, Jones Act, U.S. Longshore & Harbor Worker’s Compensation Act (LHWCA) Insurance —
Workers’ Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide Work or Services under the Agreement or that is in any way connected with Work or Services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Contractor is using a “leased employee” or an employee obtained through a Professional Employer Organization (“PEO”), Contractor is required to have such employees covered by Worker’s Compensation insurance in accordance with Florida Worker’s Compensation law. The PEO shall endorse its workers compensation policy with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County, its employees and insurers. If Agreement involves Maritime Operations, Contractor’s Worker’s Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A Section 688) and U.S. LHWCA (33 U.S.C.A. Section 901). Coverage for the U.S. LHWCA shall be at the statutory amount. Coverage limits for the Jones Act shall be not less than $1,000,000. Contractor will be permitted to provide Jones Act Coverage through a separate Protection & Indemnity Policy in so far as the coverage provided is no less restrictive than would have been provided by a Workers’ Compensation Policy.
(1) Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney’s fees and costs arising under said employee(s) Workers’ Compensation insurance claim(s).
Change of Contract Sum —
1. General:
  1. The Contract Sum constitutes the total Compensation payable to Contractor for performing the Work.
  2. The Contract Sum may only be changed by a duly executed written Modification in accordance with the Contract Documents.
  3. Value of Work Covered by Modification / Change Order:
    1. The cost of the Work of any such extra, deleted, or changed Work shall be determined in one or more of the following ways:
      1. By estimate and acceptance in a Lump Sum properly itemized and supported by sufficient substantiating data to permit evaluation; the substantiating itemized data shall include the following:
        Labor rates and hours,
        Itemized material list and price,
        Construction equipment hours and rates,
        Subcontractors costs itemized as above, and
        Any other information that will aid the County and/or CEI or A/E in evaluating the cost and thereby expediting the approval of the Modification Order.
      2. By unit prices named in the Contract or subsequently agreed upon; and
      3. By cost and percentage or by cost and a fixed fee.
    2. If the County, on its own initiative, or upon recommendation of the CEI or A/E, wants any extra Work or change in the Work constituting an alteration, addition to, or deduction from, the Work, the CEI or A/E shall prepare a Modification Order setting forth the kind, character and quantity of such Work and the CEI or A/E’s estimate of the value thereof determined as hereafter provided.
    3. In preparing such estimate of value, the CEI or A/E shall consult with the Contractor and ascertain the Contractor’s acceptance of said valuation and willingness to perform the additional Work or eliminate the deletions for said sum, which shall be evidenced on said Modification Order by the signature of the Contractor or its duly authorized representative. The CEI or A/E shall submit said Modification Order to the County and notify the Contractor of the date of said submission.
  4. Cost of the Work:
    1. For purposes of Modification Orders, the term “Cost of the Work” means the sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the Work directly required by the Modification Order. Except as otherwise may be agreed to in writing by County, such costs shall be in amounts no higher than those prevailing in the locality of the project and shall include only the following items and shall not include any of the costs itemized in the subsection below.
    2. Payroll costs for employees in the direct employ of Contractor in the performance of the Work required by the Modification Order under schedules of job classifications agreed upon by County and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work required by the Modification Order. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto. Such employees shall include Superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or County recognized holidays shall be included in the above to the extent authorized by County.
    3. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless County deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to County. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment shall accrue to County, and Contractor shall make provisions so that they may be obtained.
    4. If required by County, Contractor shall obtain competitive bids from Subcontractors acceptable to it and shall deliver such bids to County who will then determine with the advice of CEI or A/E, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of cost of the Work plus a fee, the cost of Work shall be determined in accordance with the section titled Contractor's fee. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.
    5. Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories and surveyors) employed for services specifically related to the Work required by the Modification Order.
    6. Supplemental costs including the following:
      1. The proportion of necessary transportation, traveling, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work required by the Modification Order.
        Cost of all appliances, office, and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of Contractor.
        The cost of utilities, fuel, and sanitary facilities at the site.
        Cost of premiums for bonds and insurance directly arising from the Work associated with the Modification Order which Contractor is required to pay in accordance with the Contract Documents.
    7. The term Cost of the Work shall not include any of the following:
      1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracts agents, expeditors, timekeepers, clerks, and other personnel employed by Contractor whether at the site or in its principle or branch office for general administration of the Work and not specifically included in the schedule, all of which are to be considered administrative costs covered by the Contractor’s fee.
      2. Expenses of Contractor’s principle and branch offices other than its office at the site.
      3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.
      4. Cost of premiums for all bonds and for all insurance policies whether or not Contractor is required by the Contract Documents to purchase and maintain the same (except as otherwise provided above).
      5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.
      6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in above.
  5. Contractor’s Fee:
    1. The Contractor’s fee which shall be allowed to Contractor for its overhead and profit shall be determined as follows:
    2. A mutually acceptable fixed fee; or if none can be agreed upon,
    3. A fee based on the following percentages of the various portions of the Cost of the Work:
      1. For costs incurred for Work performed directly by Contractor, Contractor’s fee shall be ten (10%) percent;
      2. For costs incurred for Work performed by Subcontractor, Contractor’s fee shall be five (5%) percent. If a subcontract is on the basis of Cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten (10%) percent, and;
      3. No fee shall be payable on the basis of cost itemized under the sections titled Cost of the Work, subsections 5, 6, and 7.
    4. The amount of credit to be allowed by Contractor to County for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any.
  6. Allowances. It is understood that Contractor has included in the Contract price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such material suppliers or Subcontractors and for such sums within the limit of the allowances as CEI or A/E or County Project Manager may approve. Upon final payment, the Contract price shall be adjusted as required and an appropriate Modification Order issued. The Contractor agrees that the original Contract price includes such sums as it deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith shall be allowed.
Owner Direct Purchase —
When advantageous for the County, the County reserves the right to issue “Owner Direct Purchase Orders” in order to save sales tax. If the County elects to issue Owner Direct Purchase Orders, Contractor shall assist County staff and shall be liable for accuracy and warranty of specifications, and materials ordered. Owner Direct Purchase Orders shall be identified within the drawings and specification documents.
Calendar Day: —
Any day, including Saturdays, Sundays, and holidays, regardless of weather conditions. All references to a “day” in the Contract Documents, shall mean a Calendar Day unless specifically otherwise designated.
Opening —
Pursuant to Section 119.071, Florida Statutes, responses and the completed tabulation will be available for inspection within thirty (30) days of Solicitation opening. Contact the Purchasing and Contracts Office during regular business hours to inspect responses and the completed tabulation or go to the County's eProcurement Portal for inspection of the completed tabulation. The foregoing notwithstanding, if, prior to the County’s making responses available for inspection, the County rejects all responses and concurrently provides notice of the County’s intent to reissue the solicitation, then the County may avail itself of the exemption for rejected responses set forth in Section 119.071, Florida Statutes, to the extent such Section may apply.
Solicitation openings and public meetings may be attended either in person or remotely. Solicitation openings may be accessed remotely as described in the introduction timeline section of this Solicitation.
In accordance with the American Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing a special accommodation to participate in the proceedings, or an interpreter to participate in any proceedings, should contact the County’s ADA Coordinator at 386‑248‑1760 for assistance at least two (2) business days before any meeting date.
Assisted listening system receivers are available for the hearing impaired and can be obtained from the Deputy Clerk by contacting the County’s ADA Coordinator at 386‑248‑1760. Read the full ADA Notice under The American with Disabilities Act (Title II), at www.volusia.org/core/fileparse.php/4175/urlt/ADANotice.pdf. Read the County of Volusia Grievance Procedure under The Americans with Disabilities Act (Title II).
Public Records Law —
Pursuant to section 119.0701(2)(a), Florida Statutes, the County is required to provide Contractor with this statement and establish the following requirements as contractual obligations pursuant to the Agreement:
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, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 386-736-5935, purchasing@volusia.org, by mail, Purchasing and Contracts Division, Attn: Public Records Custodian, 123 W. Indiana Ave. Rm. 302 DeLand, FL 32720.
By entering into a Contract, Contractor acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services provided under a Contract are public records subject to the public records disclosure requirements of section 119.07(1), Florida Statutes, and Article I, section 24 of the Florida Constitution. Pursuant to section 119.0701, Florida Statutes, any Contractor entering into a Contract for services with the County is required to:
1. Keep and maintain public records required by the County to perform the Services and Work provided pursuant to the Contract.
2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion or termination of the Contract if the Contractor does not transfer the records to the County.
4. Upon completion or termination of the Contract, transfer, at no cost, to the County all public records in the possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractortransfers all public records to the County upon completion or termination of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion or termination of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County.
Requests to inspect or copy public records relating to the County’s Contract for Services must be made directly to the County. If Contractor receives any such request, Contractor shall instruct the requestor to contact the County. If the County does not possess the records requested, the County shall immediately notify the Contractor of such request, and the Contractor must provide the records to the County or otherwise allow the records to be inspected or copied within a reasonable time.
Contractor acknowledges that failure to provide the public records to the County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. Contractor further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the County. Contractor shall indemnify, defend, and hold the County harmless for and against any and all claims, damage awards, and causes of action arising from the Contractor’s failure to comply with the public records disclosure requirements of section 119.07(1), Florida Statutes, or by Contractor’s failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements, including, but not limited to, any third party claims or awards for attorneys' fees and costs arising therefrom. Contractor authorizes County to seek declaratory, injunctive, or other appropriate relief against Contractor from a Circuit Court in Volusia County on an expedited basis to enforce the requirements of this section.
Change Order: —
A written Modification is also known as a Change to Scope of work to the Contract signed by the County and Contractor documenting an addition, deletion, or revision in the Work, with or without an adjustment in the Contract Sum or Contract Time. Change Orders/Modifications resulting in an adjustment to the Contract Sum shall be administered pursuant to Fla. Statute § 218.755.
Workers’ Compensation —
Workers’ Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Contractor is using a “leased employee” or an employee obtained through a professional employer organization (“PEO”), Contractor is required to have such employees covered by worker’s compensation insurance in accordance with Florida Worker’s Compensation law. The PEO shall endorse its workers compensation policy with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County, its employees and insurers.
(1) Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney’s fees and costs arising under said employee(s) Workers’ Compensation insurance claim(s).
Change of the Contract Time —
1. General. The Contract Time may only be changed by a duly executed written Modification in accordance with the Contract Documents. Any claim by Contractor for extra Contract Time shall be in accordance the exhibited construction Contract.
2. Delay in Performance of Contract:
  1. The Contractor shall diligently and timely prosecute the Work under the Contract. The Work shall be “complete” only after certification of Final Completion by the County.
  2. If the Contractor’s progress in completing the Work is delayed for any reasons beyond the Contractor’s control (including, but not limited to acts, errors, omissions or conduct of the County or CEI or A/E) Contractor’s exclusive remedy shall be to request an extension of the time allowed for completion of the Work under this Contract. Under no circumstances, shall Contractor be entitled to claim or recover monetary damages resulting from any such delay, except as specifically allowed by the Contract Documents.
  3. The Contractor shall notify the County in writing of such delay and the cause thereof, in accordance with the Construction Contract and Specifications. The CEI or A/E shall then ascertain the facts and the extent of the delay, inform the County, and determine if County agrees to provide an extension of the Contract Time in an amount equal to time lost due to delays beyond the control of the Contractor. If the Contractor objects to any adjustment made by the County under this clause, such dispute shall be determined in accordance with the General Terms and Conditions section titled Dispute Resolution. of these General Conditions.
  4. No such extension of time shall be deemed a waiver by the County of its right to terminate the Contract for abandonment or delay by the Contractor as provided in the Contract, nor shall such extension be deemed to relieve the Contractor from full responsibility for performance of its obligations hereunder.
  5. Extension of the time allowed for completion of the Work under this Contract. Under no circumstances, shall Contractor be entitled to claim or recover monetary damages resulting from any such delay, except as specifically allowed by the Contract Documents.
  6. The Contractor shall notify the County in writing of such delay and the cause thereof, in accordance with the Construction Contract and Specifications. The CEI or A/E shall then ascertain the facts and the extent of the delay, inform the County, and determine if County agrees to provide an extension of the Contract Time in an amount equal to time lost due to delays beyond the control of the Contractor. If the Contractor objects to any adjustment made by the County under this clause, such dispute shall be determined in accordance with the General Terms and Conditions section titled Dispute Resolution.
  7. No such extension of time shall be deemed a waiver by the County of its right to terminate the Contract for abandonment or delay by the Contractor as provided in the Contract, nor shall such extension be deemed to relieve the Contractor from full responsibility for performance of its obligations hereunder.
Award Term —
The County is looking to promote partnership relationships within the policies and procedures of public procurement. Pursuant toward that end, the successful Respondent shall be awarded an Agreement for an initial until project completion term with the option for N/A. All renewals will be contingent upon mutual written agreement and, when applicable, approval of County Council.
City —
The city of Holly Hill, Florida
Price Redeterminations —
Once each year during the term of the Agreement, including any extension or renewal periods thereof, the awarded Respondent may, but is not obligated to, petition the Director of Purchasing and Contracts 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 Agreement (i.e., the calendar day and month when the Agreement became effective) and only after the Agreement 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.
Confidential Information and Infringement —
1. Confidential Information and/or Trade Secret do not include the following:
  1. Information already known or independently developed the party in possession; or
  2. Information in the public domain through no wrongful act of the party in possession; or
  3. Information received by the party in possession from a third party who was free to disclose it; or
  4. Information regularly disclosed to third parties without restriction on disclosure; or
  5. Information required to be disclosed by law or an order of a court of competent jurisdiction.
2. Confidential Information and Infringement. If Contractor is licensing, or developing software (including derivative works) for use by the County, Contractor grants County a perpetual, fully-paid, non-assignable, non-exclusive, royalty-free license to use Contractor’s software deliverables developed or licensed under a Contract. Said license includes software owned by Contractor which is furnished under a Contract, for County’s internal use with such use to include the right to modify such deliverable(s) and to create derivative works for such internal use including without limitation the right to use such deliverable(s).
3. If Contractor is licensing, providing or developing software, including derivative works for use by the County, Contractor agrees to protect and indemnify and hold harmless the County, its agents, elected officials and employees of the County from and against any and all claims, demands, actions, and causes of action which may arise asserting that all or any part of the Contractorlicensed applications provided under any software owned by Contractor and licensed to County or provided by Contractor for use thereof by the County, infringes or misappropriates any third party’s United States patent, copyright or any trade secret protected under United States law.
  1. In addition to the foregoing indemnification provision, Contractor shall also take the following steps to assure that County can continually use the software which Contractor has directly licensed to County or provided for use thereof by the County in substantially the same manner delivered or subsequently enhanced or modified by:
    1. Promptly replace the allegedly infringing or misappropriated item or items with compatible, functionally equivalent itemswhich are not alleged to be infringing or misappropriated; or
    2. Promptly modify the alleged infringing or misappropriated item or items to eliminate the alleged infringement or misappropriation without impairing County's intended use of the licensed applications and/or sublicensed applications in any manner; or
    3. Promptly procure the right for the County to continue to use the licensed applications and/or sublicensed applications without modification; and
    4. Unless otherwise agreed by the parties, promptly shall mean for the purposes of this section that the events described herein shall occur in no less than sixty (60) days from the date that notice of the claim is received by Contractor unless otherwise agreed by the parties.
4. In the event that Contractor does not enable the County to use that which Contractor has delivered through accomplishing one or more of the alternatives set forth in above within aforementioned time period set forth herein during the term of a Contract, Contractor shall be in material default of a Contract and subject to Termination.
5. If Contractor is granting a license or develops software for the County under this Contract, it hereby warrants and represents that:
  1. Contractor is the sole owner of all right, title, and interest in and to the Contractor licensed software, user manuals and documentation, including all patents, copyrights, copyright rights, trade secrets, trademarks, trade names and all proprietary and intellectual rights and confidential information contained therein, and that it is authorized to enter into a Contract and grant County a perpetual license; and
  2. No portion of any licenses or right granted to the County to use Contractor's software pursuant to the terms of the applicable software license contract of Contractor for any Work performed under a Contract violates or is protected by right, title, interest or similar right of any third person or entity.
Commercial General Liability Insurance. —
The Contractor shall obtain and maintain Commercial General Liability insurance, with limits of not less than the amounts shown in the Required Types and Limits of Insurance Chart. Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Contractor’s operations, independent contractors, and Subcontractors protecting itself, its employees, agents, Contractor or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, or personal or advertising injury, and products liability/completed operations including what is commonly known as Coverages A and B. Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Contractor or by any of its Subcontractors arising from work or services performed under the Agreement. Policy shall include either contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Contractor’s Agreement to indemnify, defend and hold harmless the County as provided in the Agreement. The commercial general liability policy shall provide coverage to County when it is required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of any endorsements excluding or limiting coverage for Bodily Injury, Property Damage, Products/Completed Operations, Independent Contractors, Property of County in Contractor’s Care, Custody or Control or Property of County on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds.
For construction related projects, County shall be added as additional insured to Contractor's policy by both ISO Endorsements CG 20 38 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalents. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said party as an additional insured to the commercial general liability policy by ISO Endorsement CG 20 38 and CG 20 37, or their equivalents.
For non-construction projects, Contractor shall add County as additional insured by both ISO Endorsements CG 20 10 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalent. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said party as an additional insured to the commercial general liability policy by both ISO Endorsement CG 20 10 and CG 20 37 or their equivalents.
All commercial general liability policies shall be endorsed to provide a waiver of subrogation in favor of the County and any other party required by this Agreement to be named as an additional insured. When required in the Required Types and Limits of Insurance Chart, the commercial general liability policy shall be provided on a project or location specific basis for the location or project site where the work or services are to be performed under the Agreement. In the alternative, the commercial general liability policy shall be endorsed to provide the designated aggregate per location endorsement or equivalent on a form approved or requested by the County Risk Manager.
Warranty and Guarantee; Testing and Inspections; Correction, Removal, or Acceptance of Defective Work —
1. Warranty and Guarantee. Contractor warrants and guarantees to County that all materials and equipment shall be new unless otherwise specified and of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in the section titled Test and Inspections. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests or approvals shall be considered defective. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article.
2. Test and Inspections:
  1. If either the Contract Documents or laws, ordinances, rules, regulations or orders of any public authority having jurisdiction over the Project requires any Work to be inspected, tested, or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish County the required certificates or inspection, testing or approval.
  2. Contractor shall give County timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required to be inspected, tested or approved is covered without written approval of County, it must, if requested by County, be uncovered for observation, and such uncovering shall be at Contractor’s expense unless Contractor has given County timely notice of its intention to cover such Work and County has not acted with reasonable promptness in response to such notice.
  3. Observation, inspections, tests or approvals by County or persons other than Contractor shall not relieve Contractor from its obligations to perform the Work in accordance with the requirements of the Contract Documents.
  4. The County will provide all required tests necessary for field control of project. Generally these tests are proctors, densities, bearing value, and concrete quality tests. All mix designs such as asphalt, concrete, or soil cement will be furnished and paid for by the Contractor. Any pre-manufactured products such as pipe, inlets, steel, etc., will require a certified mill analysis report. Any tests that have to be repeated because of failure to meet specifications will be deducted from final payment to Contractor, costs of tests to be current industry rate as determined by the Engineer.
3. Access to Work. CEI or A/E and its representatives and other representatives of County shall have unlimited access to the Work. Contractor shall provide proper and safe facilities for such access and observation of Work and also for any inspections or testing thereof by others.
4. Uncovering Work:
  1. If any part of the Work is covered contrary to the instruction of CEI or A/E or County, it must, if directed by CEI or A/E or County, be uncovered for its observation and replaced at Contractor’s expense.
  2. If any Work has been covered which CEI or A/E or County has not requested to observe prior to this being covered, or if CEI considers it necessary or advisable that covered Work be inspected or tested, Contractor, at CEI’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as CEI or A/E, or County may require that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including compensation for additional services, and an appropriate Modification shall be issued. If, however, such Work is found to be in accordance with the Contract Documents, Contractor shall be entitled to request an increase in the Contract Sum or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if it makes a claim therefore as provided in the Contract Documents.
5. County May Stop the Work. If the Work in any respect fails to comply with the Contract Documents, or is causing unsafe conditions, in the opinion of the County, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or if Contractor fails to make prompt payments to Subcontractors or for labor, materials or equipment, County may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of County to stop the Work shall not give rise to any duty on the part of County to exercise this right for the benefit of Contractor or any other party.
6. Correction or Removal or Defective Work. If required by County prior to approval of Final Payment, the Contractor shall promptly, without cost to County and as specified by County, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by County, remove it from the site and replace it with non-defective Work. If Contractor does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from County, County may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by Contractor, and an appropriate Modification shall be issued. Contractor shall also bear the expenses of making good all work of others destroyed or damaged by its correction, removal, or replacement of its defective Work.
7. One-Year Warranty. If, after the approval of Final Payment or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty or guarantee required by the Contract Documents, any Work fails to perform its intended purpose, Contractor shall promptly, without cost to County and in accordance with County’s written instructions, either correct such defect, or, if it has been rejected by County, remove it from the site and replace it. If Contractor does not promptly comply with the terms of such instructions, County may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services shall be paid by Contractor. Notwithstanding the above, this provision shall not modify, restrict or impair the County’s rights against the Contractor either during or subsequent to the expiration of said period, it being understood that said period establishes an additional remedy to the County in the event any portion of the Work fails after Final Payment. This contractual warranty period shall have no limiting effect on the County’s right to make a claim against Contractor for the discovery of any latent defect(s) in the Work discovered before or after the expiration of the warranty period.
8. Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of failed or defective Work, County prefers to accept it, it may do so. In such case, if acceptance occurs prior to approval of Final Payment, a Modification shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Sum; or, if the acceptance occurs after approval of Final Payment, an appropriate amount, acceptable to County, shall be paid by Contractor to County.
9. Neglected Work by Contractor. If Contractor should fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, County, after ten (10) days written notice to Contractor may, without prejudice to any other remedy it may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against Contractor in which case a Modification shall be issued incorporating the necessary revisions in the Contract Documents including appropriate reduction in the Contract Sum. If the payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to County.
Basis for Price Redeterminations —
The awarded Respondent may petition the Director of Purchasing and Contracts 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 Construction Bid (ITB-C) opens. The base index number for the PPI will be for the month the Construction Bid (ITB-C) opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the “base index number.” The County shall have the right to audit the awarded Respondent’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.
Garage Liability —
Contractor shall maintain garage liability insurance with ISO Coverage Code 21 (“Any Auto”) for bodily injury and property damage with limits not less than those specified in the Required Types and Limits of Insurance Chart. Policy shall include coverage for liability arising out of premises, operations, products & completed operations, independent contractors, and contractual liability. Policy shall name the County as an additional insured and provide a waiver of subrogation in favor of the County.
Confidential Information and Infringement [CCNA] —
1. Confidential Information and/or Trade Secret do not include the following:
  1. Information already known or independently developed the party in possession; or
  2. Information in the public domain through no wrongful act of the party in possession; or
  3. Information received by the party in possession from a third party who was free to disclose it; or
  4. Information regularly disclosed to third parties without restriction on disclosure; or
  5. Information required to be disclosed by law or an order of a court of competent jurisdiction.
2. Confidential Information and Infringement. If Contractor is licensing, or developing software (including derivative works) for use by the County, Contractor grants County a perpetual, fully-paid, non-assignable, non-exclusive, royalty-free license to use Contractor’s software deliverables developed or licensed under a Contract. Said license includes software owned by Contractor which is furnished under a Contract, for County’s internal use with such use to include the right to modify such deliverable(s) and to create derivative works for such internal use including without limitation the right to use such deliverable(s).
3. If Contractor is licensing, providing or developing software, including derivative works for use by the County, Contractor agrees to protect and indemnify and hold harmless the County, its agents, elected officials and employees of the County from and against any and all claims, demands, actions, and causes of action which may arise asserting that all or any part of the Contractorlicensed applications provided under any software owned by Contractor and licensed to County or provided by Contractor for use thereof by the County, infringes or misappropriates any third party’s United States patent, copyright or any trade secret protected under United States law.
  1. In addition to the foregoing indemnification provision, Contractor shall also take the following steps to assure that County can continually use the software which Contractor has directly licensed to County or provided for use thereof by the County in substantially the same manner delivered or subsequently enhanced or modified by:
    1. Promptly replace the allegedly infringing or misappropriated item or items with compatible, functionally equivalent itemswhich are not alleged to be infringing or misappropriated; or
    2. Promptly modify the alleged infringing or misappropriated item or items to eliminate the alleged infringement or misappropriation without impairing County's intended use of the licensed applications and/or sublicensed applications in any manner; or
    3. Promptly procure the right for the County to continue to use the licensed applications and/or sublicensed applications without modification; and
    4. Unless otherwise agreed by the parties, promptly shall mean for the purposes of this section that the events described herein shall occur in no less than sixty (60) days from the date that notice of the claim is received by Contractor unless otherwise agreed by the parties.
4. In the event that Contractor does not enable the County to use that which Contractor has delivered through accomplishing one or more of the alternatives set forth in above within aforementioned time period set forth herein during the term of a Contract, Contractor shall be in material default of a Contract and subject to Termination.
5. If Contractor is granting a license or develops software for the County under this Contract, it hereby represents that:
  1. Contractor is the sole owner of all right, title, and interest in and to the Contractor licensed software, user manuals and documentation, including all patents, copyrights, copyright rights, trade secrets, trademarks, trade names and all proprietary and intellectual rights and confidential information contained therein, and that it is authorized to enter into a Contract and grant County a perpetual license; and
  2. No portion of any licenses or right granted to the County to use Contractor's software pursuant to the terms of the applicable software license contract of Contractor for any Work performed under a Contract violates or is protected by right, title, interest or similar right of any third person or entity.
Payments and Completion —
1. Schedules. At least ten (10) days prior to submitting the first Application for Progress Payment, Contractor shall submit a firm progress schedule, a final schedule of Shop Drawings submission and a detailed estimate of the Work (Schedule of Values). These schedules shall be satisfactory in form and substance to the CEI or A/E and County. The detailed estimate (Schedule of Values) shall include quantities and unit prices aggregating the Contract Sum and shall subdivide the Work into component parts in sufficient detail to serve as the bases for Progress Payments during construction. Upon approval of such estimate by CEI or A/E and County, it shall be incorporated into the form of Application for Payment furnished by CEI or A/E or County.
2. Application for Progress Payment:
  1. Before each Progress Payment request is made, Contractor shall submit to County, CEI or A/E for review an Application for Progress Payment completed and signed by Contractor covering the Work completed as of the date of the application and accompanied by such data and schedules as CEI or A/E or County may require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Progress Payment shall also be accompanied by such data satisfactory to County as will establish County’s title to the material and equipment and protect its interest therein, including applicable insurance.
  2. Each Application for Progress Payment shall include:
    1. An affidavit of Contractor stating that all record drawings or installation information is up to date;
    2. An affidavit of Contractor stating that all previous Progress Payments received on account of the Work included in prior Applications for Progress Payment have been applied to discharge all of Contractor’s obligations to Subcontractors, materialmen, laborers, and suppliers and there are no known claims of non-payment by lower tier participants in the Project.
    3. Contractor’s Release.
  3. Failure to provide any of the items above shall be sufficient reason to withhold payment of the current Application for Progress Payment until delivered to the CEI or A/E or County.
3. Contractor’s Warranty of Title. Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Progress Payment, whether incorporated in the Project or not, will pass to County at the time of incorporation into the Work or payment by the County, whichever is first, free and clear of all liens, claims, security interest and encumbrances.
4. Approval of Payments:
  1. CEI or A/E will, within ten (10) days after receipt of each Application for Progress Payment, either indicate in writing recommendation for its approval of payment and present the application to County, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. County shall, make necessary arrangements to promptly pay Contractor the amount recommended by the CEI or A/E or return such applications to the CEI or A/E stating objections in writing.
  2. CEI or A/E’s recommendation for approval of any payment requested in an Application for Progress Payment will constitute a representation by it to County, based on CEI or A/E’s on-site observations of the Work in progress and on its review of the Application for Progress Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of its knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning project upon completion; the minor deviations from the Contract Documents correctable prior to completion; the results of any subsequent tests called for in the Contract Documents; and any qualifications stated in its recommendation); and that Contractor is entitled to payment of the amount approved. However, by recommending any such payment CEI or A/E will not thereby be deemed to have represented that it made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that it has reviewed the means, methods, techniques, sequences, and procedures of construction, or that it has made any examination to ascertain how or for what purpose Contractor has used the monies paid or to be paid to it on account of the Contract Sum, or that title to any Work, materials or equipment has passed to County free and clear of any claims by third parties.
  3. CEI or A/E’s recommendation for Final Payment shall constitute a representation by it to County that the conditions precedent to Contractor being entitled to Final Payment as set forth in the section titled Approval of Final Payment, Subsection 1, have been fulfilled.
  4. CEI or A/E may refuse to recommend the whole or any part of any payment if, in its opinion, it would be incorrect to make such recommendation to County. It may also, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in its opinion to protect County, including, but not limited to, loss or damage arising from the fact that:
    1. The Work is defective, or completed Work has been damaged requiring correction or replacement,
    2. Claims or notices of non-payment have been made or delivered, or there is reasonable cause to believe such may be made or delivered,
    3. The Contract Sum has been or should be reduced because of Modifications,
    4. County has been required to correct defective Work or complete the Work in accordance with the section titled Neglected Work by Contractor, or; the section titled Unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up.
5. Substantial Completion:
  1. The process for determining Substantial Completion is described in the exhibited construction Contract.
  2. County shall have the right to exclude Contractor from the Project (or a specified part thereof) after the date of Substantial Completion, but County shall allow Contractor reasonable access to complete or correct items on the list of incomplete items / punch list.
6. Partial Utilization. Prior to Final Payment, County may notify Contractor in writing of its desire to use a specified part of the Project which it believes it may use without significant interference with construction of the other parts of the Project. If Contractor agrees, it will certify to County that said part of the Project is Substantially Complete and request County to issue a notice of Substantial Completion for that part of the Project. Within a reasonable time thereafter County, Contractor and CEI or A/E shall make an inspection of that part of the Project to determine its status of completion. If CEI or A/E does not consider that it is Substantially Complete, it will notify the County and Contractor in writing giving its reasons therefore. If CEI or A/E, County, and Contractor consider that part of the Project to be Substantially Complete, the CEI or A/E will execute and deliver to County and Contractor a notice of that effect, establishing the date of Substantial Completion as to that part of the Project, attaching County shall have the right to exclude Contractor from any part of the Project which CEI or A/E has so certified to be Substantially Complete, but County shall allow Contractor reasonable access to complete or correct items on the list of incomplete items / punch list.
7. Final Inspection. Upon written notice from Contractor that the Project is complete, CEI or A/E will make a final inspection with County and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies.
8. Final Application for Payment. After Contractor has completed all Work to the satisfaction of County and delivered all maintenance and operating instructions, schedules, record drawings, guarantees, Consent of Surety, certificates of inspection, and other documents, all as specified in the section titled Items to be furnished at Final Completion, and as required by the Contract Documents, it may make application for Final Payment following the procedure in the Contract Documents. The application for Final Payment shall be accompanied by such data and schedules as County may reasonably require, together with complete and legally effective releases or waivers (satisfactory to County) of all claims arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder, except that, no release or waiver shall be required by any claimant upon receipt by County of a valid Consent of Surety to Final Payment if the requirement of additional releases or waivers would violate 255.05 Florida Statutes.
9. Items to be Furnished at Final Completion:
  1. Guarantees, Warranties, and Other Documents:
    1. Assemble one copy of all of the following (if applicable): guarantees, warranties, bonds, releases of bonds, affidavits and certificates required by the Contract Documents for various materials, systems, and equipment including copies of all permits and certificates of inspection obtained by any subcontractors or others.
    2. Place documents in order, list each document on a transmittal letter or form, and deliver to the County.
  2. Extra Stock and Parts. Turn over to County at a location designated by County the spare stock of materials, spare parts, and loose accessories for equipment required by the Specifications, if any.
  3. Record Drawings. The Contractor should have, during the progress of the Work, kept a careful record of all the changes to the Contract Plans. Contractor shall deliver to the County the set of records containing all revisions and changes as approved and built.
  4. Record and Information Manual (warranty manuals as applicable):
    1. Prior to final inspection, submit to the County, three (3) copies of a record and information manual.
      1. Covers: Bind in plastic-covered, loose-leaf binders each bearing a label with the title and date of the Project.
      2. Sheets: 8½″ x 11″ except pull-out sheets may be neatly folded to 8½″ x 11.″
    2. Include in manual, the following:
      1. Table of contents, listing all items;
      2. List of all Subcontractors and suppliers / manufacturers providing materials and equipment fabricated to a special design. State each of the company’s, name, address and telephone number;
      3. Manufacturer’s name, type, color and pattern designation as applicable for architectural pre-cast concrete, face brick, concrete masonry units, metal wall panels, storefront work, windows, doors and frames, limestone, doors, finish hardware, ceramic tile, quarry tile, brick pavers, resilient floors, access flooring, carpet, paint, acoustical ceilings and other finish materials as applicable;
      4. Catalog data for each piece of equipment with serial numbers, data for available accessories maintenance and operating instruction, wiring diagrams and spare parts list, where applicable;
      5. Name, address, and telephone number of local representative for principal items or equipment;
      6. Additional information for record manual required in various sections of the Specifications.
    3. Warranty:
    4. Obtain, in County’s name, the standard written manufacturer’s warranty of products furnished under each section of the specifications, when such warranty is offered in the manufacturer’s published product data.
    5. All product warranties shall be in addition to and not in lieu of other responsibilities which the Contractor may have. All product and equipment warranties and guarantees shall be turned over to the County at the time Final Payment is requested.
10. Approval of Final Payment.
  1. If, on the basis of their observation and review of the Work during construction, their final inspection, and review of the Application for Final Payment, and as required by the Contract Documents, CEI or A/E and County are satisfied that the Work has been completed and Contractor has fulfilled all of its obligations under the Contract Documents, CEI or A/E will, within twenty (20) days after receipt of the Application for Final Payment, indicate recommendation for payment and present the Application for Final Payment to County for payment. Thereupon, CEI or A/E will give written notice to County and Contractor that the Work is acceptable subject to the provision of the section titled Contractor's Continuing Obligation. Otherwise, it will return the application to Contractor, indicating in writing its reasons for refusing to approve Final Payment, in which case Contractor shall make the necessary corrections and resubmit the application. County shall, within ten (10) days of presentation to it of an approved Application for Final Payment, make arrangements to promptly pay Contractor the amount recommended by CEI or A/E.
  2. If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of Contractor, and CEI or A/E so confirms, County may, without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required, the written Consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the CEI or A/E prior to recommendation for such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims.
11. Contractor’s Continuing Obligation. Contractor’s obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by CEI, nor the issuance of a notice of Substantial Completion, nor any payment by County to Contractor under the Contract Documents, nor any use or occupancy of the Project or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective Work by County, nor the expiration of the one year Warranty period, provided in the section titled One-Year Warranty shall constitute an acceptance of Work not in accordance with the Contract Documents.
12. Waiver of Claims. The making and acceptance of Final Payment shall constitute:
  1. A waiver of all claims by County against Contractor other than those arising from faulty or defective Work, or from failure to comply with the requirements of the Contract Documents or the terms of any warranties or special guarantees specified therein.
  2. A waiver of all claims by Contractor against County and CEI or A/E other than those previously made in writing and specifically identified by Contractor as unsettled at the time of the Application for Final Payment.
Clarification, Correction of Entry, Minor Irregularities —
The County of Volusia reserves the right to allow for the clarification of questionable entries and the correction of obvious mistakes. The County reserves the right to waive minor irregularities in Responses, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County’s best interests, and will not affect the outcome of the selection process by giving the Respondent an advantage or benefit not enjoyed by other Respondents.
Suspension of Work and Termination —
1. County May Suspend Work. County may, at any time and without cause, suspend the Work in accordance with the exhibited construction Contract.
2. County May Terminate.
  1. County may terminate in accordance with the exhibited construction Contract.
  2. Where Contractor’s services have been so terminated by County terminations shall not affect any rights of County against Contractor then existing or which may thereafter accrue. Any retention or payment of monies by County due Contractor after termination will not release Contractor from liability.
3. Contractor may stop work or terminate. Contractor may terminate the Contract in accordance with the exhibited construction Contract.
Wage Price Redetermination —
When requesting a price redetermination based upon an increase in wage costs, the awarded Respondent 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 N/A under the heading Service Providing Industries. Wage price re-determination increases shall be granted only by reason of wage increases associated with the awarded Respondent’s employees or Subcontractor performing work or services pursuant to the Agreement.
Minimum Wage Price Redetermination. If the minimum wage increases during the term of the Agreement, including any renewal or extension period thereunder, the awarded Respondent may petition the Director of Purchasing and Contracts for price redetermination for those job categories where the pay to the awarded Respondent ’s employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The awarded Respondent must increase the pay to the employee(s) by the amount the awarded Respondent has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the awarded Respondent will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The awarded Respondent must supply written documentation of any other increase that is beyond the scope and control of the awarded Respondent. All written documentation must satisfy the reasonable expectations of the Director of Purchasing and Contracts and Internal Auditor.
Example: Minimum wage increases from $7.31 to $7.56 per hour. The awarded Respondent 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 County.

If the awarded Respondent bills the County at a higher price according to any price redetermination granted by the County, and the awarded Respondent fails to increase the hourly rate paid to the employee for the same period, the awarded Respondent will be considered in Agreement default and the Agreement will be immediately terminated.
Garagekeepers Legal Liability —
Contractor shall maintain garage keepers legal liability insurance with ISO Coverage Code 30 (“Autos Left for Service/Repairs/Storage”) covering physical damage and loss sustained to County vehicles while in the possession of Contractor with limits not less than those specified in the Required Types and Limits of Insurance Chart. Policy shall be written on a Direct Primary basis. Contractor shall be responsible for any deductibles under the policy. When Contractor services include towing, policy shall be endorsed to include On-Hook Towing coverage with limits equal to or greater than the value of the County vehicle or equipment to be transported.
Compensation: —
The amount paid by the County to Contractor for Services regardless of whether stated as Compensation or stated as hourly rates, overhead rates, or other figures or formulas from which Compensation can be calculated which includes the total monies payable to Contractor, under the terms of this Agreement, for all Services, labor, materials, supplies, travel, training, profit, overhead, costs, expenses, and any other costs necessary to complete Work under the Scope of Services.
Confidential Information: —
Confidential information shall constitute information which is exempt from disclosure pursuant to Chapter 119, Public Records Law, Florida Statutes (2018), Article I, Section 24 of the Florida Constitution (“Florida Public Records Law”), Chapter 812 of the Florida Statutes (2018), and any other Florida statute that may provide for an exemption or the confidentiality of certain information (hereinafter “Confidential Information”).Confidential Information and/or trade secrets do not include the following: (i) Information already known to or independently developed by the recipient; (ii) Information in the public domain through no wrongful act of the recipient; (iii) Information received by the party in possession from a third party the recipient; or (iv) Information regularly disclosed by the owner of the information to third parties without restriction on disclosure.
Revisions, Addenda, Questions & Answers —
1. It is incumbent upon each Respondent to carefully examine the specifications, Scope of Work/Service, terms, and conditions of this Solicitation and any attachments/exhibits. The posting of answers through the County's eProcurement Portal is the only official methods by which interpretation, clarification, or additional information can be given. Questions and exceptions concerning any section of this Solicitation and any attachments/exhibits shall be directed through the question and answer section of the County's eProcurement Portal.
2. If it becomes necessary for the County to revise or clarify any part of this Solicitation it will be updated on the County's eProcurement Portal by one of the following methods: the posting of answers to questions received; the revision of Solicitation language/documentation. It is each Respondent's responsibility to check the County's eProcurement Portal for any posted answers, and/or Solicitation changes. Each Respondent shall ensure that they have reviewed all questions & answers and/or changes to this Solicitation and any attachments/exhibits before submitting their Response. By submitting a Response, Respondents acknowledge that they have reviewed all posted answers, and/or Solicitation changes prior to the posted closing date and time.
3. Each answer issued by the County shall become a material part of this Solicitation. Answers posted by the County, and/or changes made to the Solicitation are authoritative and shall be considered an addendum to the Solicitation.
4. All information in this Solicitation, including information provided through the Question & Answer feature are incorporated into the Solicitation or any Contract resulting from this Solicitation.
5. Questions and exceptions shall be submitted before 11:59 pm on Thursday, May 14, 2026. Thereafter, no further questions or exceptions will be accepted or reviewed by the County and Respondents’ right to submit questions or exceptions will terminate and any questions or exceptions not previously made shall be deemed waived. Oral representations will not be binding on the County.
Miscellaneous —
1. Giving Notice. Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for who it is intended, or to a designated agent or representative of the party to whom notice is being given, or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to it who gives the notice.
2. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
3. General:
  1. The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder and, in particular, but without limitation, the rights and remedies available to County thereunder shall be in addition to and shall not be construed in any way as a limitation of any rights and remedies available to it which are otherwise imposed or available by law, by special guarantee, or by other provisions of the Contract Documents, except for the liquidated damages clause which prohibits the County from seeking actual damages for delay in the event Contractor fails to achieve Substantial Completion within the contractually allotted time.
  2. Should County or Contractor suffer injury or damage to its person or property because of any error, omission or act of the other or of any of its employees or agents or others for whose acts it is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.
4. Headings. Heading and subtitles used throughout the contract documents are for the purpose of convenience only, and no heading or subtitle shall modify or be used to interpret the text of any section.
Excess/Umbrella Liability —
Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated in the Required Types and Limits of Insurance Chart. These policies shall be written on a follow form basis subject to the same terms, definitions, exclusions and conditions as the primary policies. Umbrella policies unable to obtain a follow form basis will be accepted if the coverage provided under the policy expands the coverage and does not create coverage gaps between the primary policy and the umbrella policy. These policies shall contain a dropdown coverage provision as well as a duty to defend. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included.
The Contractor shall obtain an excess liability policy in addition to the scheduled underlying policies (commercial general liability, business auto liability, professional, and employers' liability) with a limit of no less than the amount shown in the Required Types and Limits of Insurance Chart. This policy shall name the County and City as an additional insured. If the County and City cannot be added as an additional insured, then policy shall be endorsed to provide additional insured status if required on the primary policy. Policy shall provide a waiver of subrogation in favor of the County and the City.
Fuel Price Redetermination —
If/when the price of fuel increases by a minimum of ten (10%) percent, the awarded Respondent may petition the Director of Purchasing and Contracts for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the awarded Respondent 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 County to a refund of the cumulative increase in pay to the awarded Respondent 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 awarded Respondent’s operations in connection with the awarded Respondent’s performance of the Agreement.
Incurred Expenses —
The County has no obligation to make an award as a result of this Solicitation, nor shall the County be responsible for any cost or expense which may be incurred by any Respondent in preparing and submitting a Response, or any cost or expense incurred by any Respondent prior to the execution of a Purchase Order or Contract/Agreement.
Motor Vehicle Liability —
The Contractor shall secure and maintain during the term of the Agreement a motor vehicle liability policy with a combined single limit of no less than the amounts shown in the Required Types and Limits of Insurance Chart for bodily injury and property damage arising from the ownership, maintenance, or use of a motor vehicle. Policy shall be written with Coverage Symbol 1 (Any Auto), providing coverage for all autos operated regardless of ownership, or with Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned vehicles). The County and the City shall be an additional insured under this policy when required in the Required Types and Limits of Insurance Chart. If Motor Vehicle Liability is by endorsement to another policy required in the Required Types and Limits of Insurance Chart, then the limits for Motor Vehicle Liability shall be separate (they shall not be shared) and in addition to the underlying policy limits. If endorsed to another policy required in the Required Types and Limits of Insurance Chart, Motor Vehicle Policy Limits shall apply on a per occurrence basis and shall not have an aggregate limit.
Consent of Surety: —
A document executed by the Contractor’s Surety indicating that it consents to the County making Final Payment to the Contractor and that the Surety agrees it shall not be relieved of any obligations under the bond to the County as a result of consenting to or the making of Final Payment.
Materials Price Redetermination —
At the anniversary date of the Agreement, the awarded Respondent may petition the Director of Purchasing and Contracts for a materials price redetermination. As a condition of petitioning for a materials price increase, the awarded Respondent shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the awarded Respondent in connection with the Agreement decreases. Failure to make such petition may be grounds for Agreement termination and shall entitle the County to a refund of the cumulative increase in pay to the awarded Respondent 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 “N/A", as published by the Bureau of Labor Statistics.

Price Redetermination Calculation —

All Price Redeterminations shall be calculated as follows:

Example: awarded Respondent 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

Disadvantaged Businesses —
The County Council has adopted policies, which assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The County encourages joint ventures between majority-owned firms and qualified disadvantaged, minority, and/or women-owned firms.
Professional Liability —
The Contractor shall ensure that it secures and maintains, during the term of the Agreement, Professional Liability insurance with limits of no less than the amount shown in the Required Types and Limits of Insurance Chart in respect only to the project(s) [Risk Manager: if not project specific, do not include highlighted language] contemplated by the Agreement. Such policy shall cover all the Contractor’s or its Subcontractor’s professional liabilities whether occasioned by the Contractor or its Subcontractors, or its agents or employees. For Contractors providing Architectural and Engineering related services, policy shall be broad enough to include errors and omissions specific to Contractor’s professional liability for direct and contingent design errors and Architect’s/Engineers professional liability with no exclusions for design-build work.
If the Contractor fails to secure and maintain the professional liability insurance coverage required herein, the Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance. The County shall be an additional insured under this policy when required in the Required Types and Limits of Insurance Chart.
Constitutional Officers: —
Shall mean, collectively, the Clerk of the Circuit Court of Volusia County, Volusia County Property Appraiser, Volusia Sheriff’s Office, Volusia County Supervisor of Elections, and Volusia County Tax Collector.
Local Preference —
The County Council has established a policy to encourage participation of local businesses in the provision of goods and services. The County will endeavor to assist local businesses to achieve this goal.
Effective January 1, 2012, Volusia County adopted a local preference ordinance. A Respondent or prime Contractor which has a documented permanent location at least six (6) months prior to the Solicitation closing as stated in Volusia County Ordinance 2-269.5 in Brevard, Lake, Orange, Osceola, Seminole or Volusia County (“Local”), shall be granted a preference of three percent (3%) of the total Solicitation price or quote. A Respondent which is a prime Contractor and is utilizing Subcontractors, and the Solicitation price or quote of the work to be performed by all Subcontractors, that qualify as a local business, constitutes fifty-one percent (51%) or greater of the total Work to be performed through subcontracting, a two percent (2%) preference will apply. In the event that a prime Contractor qualifies for a preference and Subcontractor qualifies for a preference, the preference shall not exceed a total of five percent (5%). Preference shall not be given to Responses where the difference of the total Response price or quote exceeds twenty-five thousand dollars ($25,000.00) from the nearest competing Solicitation price or quote for that solicitation or if a county listed in 2-269.5 does not reciprocate, as stated in 2-269.5, the County will not offer a preference to this County.
This section does not apply to any purchase that is funded, in whole or in part, by an entity prohibiting local preference by grant agreement or applicable federal, state, or local law. Solicitations for emergency purchases subject to Section 2‑275 of the Code are additionally exempt. All Respondents, including prime Contractor and Subcontractors, awarded an Agreement as a part of this process must maintain its status as a local business through the term of the Agreement. Any Respondent, including prime Contractor and Subcontractors, awarded an Agreement as a result of this preference will be required to post any job openings for this project with agencies or organizations that may be identified by the purchasing director. Noncompliance with the requirements of this section will be deemed as a material breach and may be subject to Agreement termination or disqualification from bidding on future projects.
Expiration Upon Failure to Agree to Price Redetermination —
If the County and the awarded Respondent 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 awarded Respondent’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 County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible Respondent.
Installation Floater —
Contractor shall provide and maintain during the term of this Agreement an installation floater to cover damage to or destruction to renovations, repairs or equipment being installed and/or otherwise being handled or stored. Contractor shall purchase Installation Floater on a “Special Form” (All-Risk) policy, and shall also include coverage for wit, including periodic increases or decreases in values resulting from change ordersnd, hail, and named storm when required in the Required Types and Limits of Insurance Chart. For projects within a Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Area as defined at https://www.fema.gov, Flood insurance shall be purchased. Installation Floater shall be for the full replacement cost of the Project. If Installation Floater is subject to additional premium due to change orders or project term extensions authorized by County, County will reimburse the actual cost of the additional premium without markup. Contractor shall submit reimbursement request with proof of additional premium payment with a copy of the applicable endorsement to the Installation Floater policy if written on a declared-project basis or a copy Accord Evidence of Property Insurance if the policy is on a reporting form basis. If necessary, the County’s Risk Manager will have to determine if the Change order causes an increase in premiums if additional cost is incurred. Coverage shall not cease until Final Acceptance. Policy shall be written on an All-Risk basis. Policy shall also include wind, hail and named storm coverage, off-site storage, and transit. The minimum protection afforded under said installation floater shall be the full replacement cost of the construction of the Project. The County and the City shall be an additional named insured and Loss payee under this policy. The policy shall contain a waiver of subrogation in favor of all insured parties. Contractor shall provide County with an Accord Evidence of Property Form evidencing the maintenance of the policy and providing that the insurer shall notify the County thirty days prior to the cancelation of the policy.
Construction, Engineering & Inspection (CEI) or / Architect/Engineer (A/E): —
A person or entity selected by the County to perform Work under a separate written Contract with the County to perform consulting Work on the Project related to project administration supplemental to that performed directly by the County Engineer and County staff. In the event there is no CEI or A/E on the Project, but a task is reference in the Contract Documents as being performed by the CEI or A/E, then it shall be agreed that the term “County” or “Engineer,” shall be substituted.
Termination (IT Solicitations) —
1. County may terminate this Agreement upon at least thirty (30) days notification to Contractor.
2. Awarded Respondent may terminate this Agreement upon at least one hundred twenty (120) days prior written notice to County.
3. Upon receipt of notice of termination by the County from awarded Respondent or upon delivery of notice of termination from the County to awarded Respondent, awarded Respondent shall:
  1. Stop Work under the Agreement on the date and to the extent specified in County’s Notice of Termination;
  2. Inform County of the extent to which performance is completed;
  3. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work/Services under the Agreement as is not terminated and with the prior approval of the County; and,
  4. Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the right, title and interest of the awarded Respondent under the orders and subcontracts so terminated.
4. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Section Award Term, Section Payment Terms and this Section Termination, the County shall cause payments to be made to awarded Respondent within forty five (45) days of receipt of invoice. awarded Respondent shall invoice the County for any sums awarded Respondent claims to be owed by County under this Agreement for Work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within forty five (45) days.
5. With the approval of the County and to the extent required by the County, the awarded Respondent shall, upon termination, settle all outstanding liabilities and all claims arising out of such termination. County's approval of such settlements shall be final for all the purposes of a termination under this Section Termination. In addition, awarded Respondent shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County, Deliverables, work-in-progress, reports, models, studies, and other materials produced as a part of, or acquired in connection with the performance of the Work/Services terminated.
6. If awarded Respondent fails to cure a breach within ten (10) calendar days after receipt of notice from the County of said breach, the County may take over the Work/Services and complete the Work/Services, and the awarded Respondent shall be liable to the County for any increased cost of the Project reasonably incurred by the County to complete the awarded Respondent's unfinished Work/Services. As such, the County may apply unpaid Compensation due and owing to the awarded Respondent prior to the default as a set off against the costs incurred by the County for taking over such Work/Services.
7. The right of termination provided to the County and the awarded Respondent herein shall be cumulative of all other remedies available at law.
8. All provisions of this Agreement which impose or contemplate continuing obligations on a party will survive the expiration or termination of this Agreement.
9. In the event awarded Respondent is unable to deliver the system in a manner that enables the system and all of its functional components to pass final acceptance testing, County shall have the right to terminate the Agreement and have the right to receive from awarded Respondent a refund of any implementation fees paid through the date of such termination.
Builder's Risk —
Contractor shall purchase Builder’s Risk Insurance (BRI) on a “Special Form” (All-Risk) policy, and shall also include coverage for wind, hail, and named storm. For projects within a Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Area as defined at https://www.fema.gov,, Flood insurance shall be purchased. BRI shall be for the full replacement cost of the Project, including periodic increases or decreases in values resulting from change orders. If BRI is subject to additional premium due to Modification Orders or project term extensions authorized by County, County will reimburse the actual cost of the additional premium without markup. Contractor shall submit reimbursement request with proof of additional premium payment with a copy of the applicable endorsement to the BRI policy if written on a declared-project basis or a copy Accord Evidence of Property Insurance if the policy is on a reporting form basis. If necessary, the County’s Risk Manager will have to determine if the Modification Order causes an increase in premiums if additional cost is incurred. BRI coverage shall include, but not be limited to, covering all risks of physical loss or damage, including the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, explosion and underground (“XCU”) perils, debris removal, and demolition, and shall include coverage for reasonable compensation for architects’ services and other expenses made necessary due to an insured loss and any applicable law, ordinance, or regulation. Coverage shall apply to the Work and appurtenances, materials and equipment to be incorporated into the Project whether in transit or storage on or off the Project site, to the site construction and structures, and property of the County held in the care, custody or control of Contractor. Coverage shall apply to any owned, borrowed, leased or rented structures used to facilitate the Work. The County shall be an additional named insured and Loss payee under this policy. The BRI policy shall contain a waiver of subrogation in favor of all insured parties. Insurer shall provide County thirty (30) days prior notice to cancellation of the policy.
Pricing —
Unless otherwise specified prices offered shall:
- remain firm for a period of at least ninety (90) days from the date of Solicitation opening, prior to award being made;
- include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point(s) within the County to a secure area or inside delivery (for goods);
- include all expenses necessary to provide the Service at the location specified (for Services).
Construction Services: —
Means all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. The term "construction services" does not include Contracts or work performed for the Department of Transportation.
Termination —
1. County may terminate this Agreement upon at least thirty (30) days prior written notice to awarded Respondent.
2. Awarded Respondent may terminate this Agreement upon at least one hundred twenty (120) days prior written notice to County.
3. Upon receipt of notice of termination by the County from awarded Respondent or upon delivery of notice of termination from the County to Contractor, awarded Respondent shall:
  1. Stop Work under the Agreement on the date and to the extent specified in County’s Notice of Termination;
  2. Inform County of the extent to which performance is completed;
  3. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work/Services under the Agreement as is not terminated and with the prior approval of the County; and,
  4. Assign to the County, in the manner, at the times, and to the extent directed by the County, all of the right, title and interest of the awarded Respondent under the orders and subcontracts so terminated.
4. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Section Award Term, Section Payment Terms and this Section Termination, the County shall cause payments to be made to awarded Respondent within twenty (20) business days of receipt of invoice. Awarded Respondent shall invoice the County for any sums awarded Respondent claims to be owed by County under this Agreement for Work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within twenty (20) business days.
5. With the approval of the County and to the extent required by the County, the awarded Respondent shall, upon termination, settle all outstanding liabilities and all claims arising out of such termination. County's approval of such settlements shall be final for all the purposes of a termination under this Section Termination. In addition, awarded Respondent shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County, Deliverables, work-in-progress, reports, models, studies, and other materials produced as a part of, or acquired in connection with the performance of the Work/Services terminated.
6. If awarded Respondent fails to cure a breach within ten (10) calendar days after receipt of notice from the County of said breach, the County may take over the Work/Services and complete the Work/Services, and the awarded Respondent shall be liable to the County for any increased cost of the Project reasonably incurred by the County to complete the awarded Respondent's unfinished Work/Services. As such, the County may apply unpaid Compensation due and owing to the awarded Respondent prior to the default as a set off against the costs incurred by the County for taking over such Work/Services.
7. The right of termination provided to the County and the awarded Respondent herein shall be cumulative of all other remedies available at law.
8. All provisions of this Agreement which impose or contemplate continuing obligations on a party will survive the expiration or termination of this Agreement.
Contractor’s Pollution —
Contractor shall purchase coverage for liability caused by pollution conditions arising out of the operations of Contractor. If Agreement involves the use, storage, removal, or remediation of naturally occurring hazardous substances (including, but not limited to, mold, asbestos, lead, mercury, arsenic, radon, silica, pyrite), the policy shall be endorsed to remove any exclusion(s) for the substance. The County and the City shall be named as additional insured. Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including costs and expenses incurred in the investigation, defense, or settlement of claims. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location and include Non-owned Disposal Site coverage for specified sites (by endorsement) if Agreement is disposing of waste. All activities contemplated in the Agreement shall be specifically scheduled on the policy as “covered operations”. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural conditions(s) are released or dispersed as a result of the performance of Covered Operations. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and a provision that coverage is primary and non contributory with any other coverage or self-insurance maintained by the County or the City. County and the City shall be listed as an additional insured on the policy.
Consultant: —
The person with education and/or experience which uniquely qualifies him or her to perform a specialized service for the County.
Construction Pricing —
1. The Response bid price for each item shall be on a lump sum or unit price basis according to the Solicitation requirements.
2. The total Response bid price for the Work shall be the total lump sum and/or unit prices multiplied by the appropriate estimated quantities for the individual items and shall be stated in figures in the appropriate place on the Bid form. In the event that there is a discrepancy on the Bid form due to unit price extensions or additions, the corrected extensions and additions shall be used to determine the project Bid amount. All Bids shall remain firm for one hundred twenty (120) days after the day of the Bid opening, but the County may, in its sole discretion, release any Bid and return the Bid security prior to that date. Extension of time when Bids shall remain opened beyond the one hundred twenty days may be made only by mutual agreement between the County of Volusia, the low Respondent, and the surety, if any, for the low Respondent.
3. Should the County require Payment and Performance Bond, the cost of such bonds shall be added to the Contract price for purpose of Contract award.
4. If an item is not provided in the pricing section for a specific item in the drawings and specifications, it shall be presented to the County prior to the Solicitation opening. If an item is not included to meet the criteria in the drawings and specifications, it does not relieve the Contractor from providing the Project as described in the drawings and specifications.
Consultant's Services: —
Those services within the Scope of Work of this Solicitation that are in an advisory nature to support policy development, decision-making, administration, or management of the government; normally provided by persons and/or organizations considered to have prerequisite knowledge or special abilities not generally available in the government.
New Material —
1. Unless otherwise provided for in this specification, the awarded Respondent represents and warrants that the goods, materials, supplies, or components offered to the County under this Agreement are new, not used or reconditioned, and are not of such age or so deteriorated as to impair their usefulness or safety and that the goods, materials, supplies, or components offered are current production models of the respective manufacturer. If the awarded Respondent believes that furnishing used or reconditioned goods, materials, supplies, or components will be in the County’s interest, the awarded Respondent shall so notify the County Procurement Analyst in writing by the deadline for questions in accordance with section Revisions, Addenda, Questions & Answers. The notice shall include the reasons for the request and any benefits that may accrue if the County authorizes the bidding of used or reconditioned goods, materials, supplies, or components.
Consideration of Responses —
1. For the purpose of award, after the Responses are unsealed and read, the correct summation of the lump sum prices and/or of the products of the estimated quantities shown in the Response and the unit prices will be considered the Response. The amounts will then be compared and the results of such comparison made available to the public. Until the final award of the Contract, the right will be reserved to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interest of the County.
2. Responses which contain modifications, incomplete, unbalanced, conditional, obscure, or which contain additions not requested, or irregularities of any kind, or which do not comply in every respect with the instructions to Respondents and the Contract documents may be rejected at the option of the County. The County does not bind itself to accept the minimum Response stated herein, but reserves the right to accept any Response, the County deems to be the lowest responsive and responsible Respondent, and which in the judgment of the County will best serve the needs and interests of the County.
Transportation Pollution Liability —
Contractor shall purchase coverage for liability caused by pollution conditions arising out of the operations of Contractor and its subcontractors. The County and the City shall be named as additional insured. Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including costs and expenses incurred in the investigation, defense, or settlement of claims. The policy shall provide coverage for loading, transporting, and unloading from the project site to the final disposal location. Policy shall include Non owned Disposal Site coverage by endorsement. All activities contemplated in the Agreement shall be specifically scheduled on the policy as “covered operations”. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and be endorsed to be primary and non-contributory with any other coverage or self-insurance maintained by the County. Should Contractor’s policy or endorsement providing transportation pollution liability be modified to exclude or reduce the coverage required herein, Contractor shall promptly notify County and provide such coverage under another policy or form with the County and the City included as an additional insured.
Florida Statute § 255.0993: United States-produced Iron and Steel in Public Works Projects —
If state funding is being used to pay for this public works project, pursuant to Fla. Stat. § 255.0993 (2)(a). Contractor shall use U.S. produced iron or steel for the project if permanently incorporated iron or steel is required for the project. However, Contractor shall notify the County if Contractor believes any exemptions in Fla. Stat. § 255.0993 (2)(b) may apply.
Withdrawal of Response —
A Response may be withdrawn i) prior to the Solicitation opening via the County's eProcurement Portal or ii) after one hundred twenty (120) days from Solicitation opening. In the second instance (‘ii’), this only applies to Respondents notified by the County in letter form that their Response will not be accepted.
Pollution Liability —
The Contractor shall obtain and maintain a pollution liability insurance policy with a limit of liability of no less than the amount(s) shown above on a per occurrence/aggregate basis for any work or services performed under the Agreement including but not limited to environmental/pollution related services, testing, design, consulting, analysis, other consulting work (whether self-performed or subcontracted), discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot fumes, acids, alkalis, toxic chemicals, liquid or gasses, waste materials, irritants, contaminants, pollutants into or upon land, atmosphere or any watercourse or body of water (including groundwater at or under or emanating arising from work or services performed under the Agreement) and for all above-ground storage tanks, in-ground storage tanks, and other potentially hazardous materials. Policy shall insure for the Contractor’s liability for bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death, property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from Contractor’s operation, and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by the Contractor. If Agreement involves the use, storage, removal, or remediation of naturally occurring hazardous substances (including, but not limited to: mold, asbestos, lead, mercury, arsenic, radon, silica, pyrite), the policy shall be endorsed to remove any exclusion(s) for the substance. The County shall be named as additional insured. (Risk Manager may require a project or site specific policy limit and may require the County to be an Additional Named Insured depending on the scope of work or services.)
Contract: —
The document resulting from this solicitation between the County and the awarded Respondent, including this Solicitation, and the awarded Respondent’s response along with any written addenda and other written documents, which are expressly incorporated by reference. The sum of all legal rights and obligations between the Contractor and the County as defined by the Contract Documents and applicable law. May be used interchangeably with Agreement.
Damages —
Due to the nature of the services to be provided and the potential impact to the County for loss, the awarded Respondent cannot disclaim consequential or special damages related to the performance of this Agreement. The awarded Respondent shall be responsible and accountable for any and all damages, directly or indirectly, caused by the actions or inaction of its employees, staff, or Subcontractor. There are no limitations to this liability. This section does not apply to the extent precluded or prohibited by applicable law.
Interpretation of Quantities —
In the case of unit price items, the quantities of Work to be done and materials to be furnished under this Contract in the pricing section are to be considered as approximate only and are to be used solely for the comparison of Responses received. The County and/or its Engineer do not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Respondent plead misunderstanding or deception because of such estimate or quantities or of the character, location, or other conditions pertaining to the Work. Payment to the Contractor will be made only for the actual quantities of Work performed or material furnished in accordance with the drawings and other Contract documents, and it is understood that the quantities may be increased or diminished as provided in the general conditions without in any way invalidating any of the unit or lump sum prices.
Crime or Fidelity Insurance Policy —
The Contractor shall secure and maintain a crime or fidelity insurance policy with a limit of not less than the amounts shown in the Required Types and Limits of Insurance Chart during the term of the Agreement. This policy shall cover employee-related theft, crime, and dishonesty exposures involving the Contractor's personnel assigned to work in the County for the same limits. Policy shall be endorsed with Insurance Services Office (ISO) Form CR 04 01 (Client’s Property), or its equivalent, to extend coverage to County property arising from loss due to Contractor’s employees. The policy shall name the County as joint loss payee to the extent of the County’s interests.
Compliance with Federal Transit Administration Regulations —
COMPLIANCE WITH REGULATIONS: Contractor(s) must be in compliance with applicable Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement.
Contractor(s) shall provide all requested information for State and Federal Reporting requirements in a timely manner. These documents can be found on the Internet at: FTA Master Agreement
Best Practices Procurement & Lessons Learned Manual

Fill out and submit the FTA Clauses, if included as part of the Solicitation documents,
Contract Administrator: —
The Director of Purchasing and Contracts or designee shall serve as Contract Administrator. The Contract Administrator shall be responsible for addressing any concerns within the scope of the Contract. Any changes to the resulting Contract shall be done in writing and authorized by the Director of Purchasing and Contracts.
Financial Statement —
The Respondent shall be prepared to submit a financial statement upon request, preferably a certified audit, but a third party prepared financial statement and the latest Dun & Bradstreet report will be accepted.
Cyber Insurance —
The Contractor shall secure and maintain during the term of the Agreement data privacy and network security liability insurance, with a limit of not less than the amounts shown in the Required Types and Limits of Insurance Chart with an aggregate limit and per occurrence basis, with coverage for (a) data breaches by the Contractor or anyone causing the loss of use of electronic data; loss of personally identifiable information or County confidential information; violations of privacy regulations associated with the control and use of personally identifiable financial, medical or other sensitive information including but not limited to HITECH; HIPPA; Gramm-Leach Bliley Act of 1999; Florida Breach of Security Act (Section 817.5681, Florida Statutes (2012); the Federal Trade Commission Act (15 U.S.C. 45(a)); violations of the identity Red Flags under the Fair and Accurate Credit Transactions Act of 2003; (c) violations of any state, federal or foreign identity theft or privacy protection, notification and credit monitoring statutes (including any amendments thereto); (d) online defamation, advertising, libel, and slander-related exposures as well as emerging Web 2.0 liabilities created by casual users of third parties accessing Contractor’s web site(s) or computer systems through eMedia and the Internet; (e) network security breaches for failure of security measures to prevent a denial of service, unauthorized access, theft of electronic data, and inadvertent transmission of a virus or other malicious code; (f) infringement of intellectual property rights (e.g., patent, copyright, or trademark) in any telecommunications medium (e.g., cell phones, modems, text, videos, images, blogs, etc.) which result in a loss of County revenue or expense to the County due to a covered network outage or computer system loss; (f) cyber investigation expense incurred to investigate a data privacy or network security wrongful act; and, (g) cyber extortion for expenses incurred in the event of an extortion threat to cause a data privacy or network security wrongful act.
Contract Documents: —
The Contract Documents comprise the entire written Contract between the County and the Contractor, including all exhibits.
FOB Destination —
The FOB point for this Agreement and for all purchases made under it shall be the destination specified by the requesting division, in Volusia County, Florida. Delivery will not be complete until the requesting division has accepted each item. Delivery to a common carrier shall not constitute delivery to Volusia County. All disputes shall be between the Contractor and the carrier.
Technology Errors and Omissions —
The Contractor shall secure and maintain during the term of the Agreement, with a limit of not less than that required the Required Types and Limits of Insurance Chart, a Technology Errors & Omissions policy. Policy shall include coverage for technology services and technology products. Policy shall include coverage for failure of electronic and software products to perform the function or serve the purpose intended after installation and testing. Policy shall include coverage to replace or restore County electronic data lost from any cause whatsoever (including but not limited to a computer virus, malware, or breach of network security or loss of use, reduction in functionality or damage, destruction, distortion, erasure, corruption or alteration of electronic data) arising from Contractor’s services under the Agreement, whether occasioned by the Contractor or its Subcontractors, or their agents or employees including any cost or expense of whatsoever nature resulting there from.
If the Contractor fails to secure and maintain the liability insurance coverage required herein, the Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance.
NOTE: Coverage for loss of electronic data can be incorporated with insurance coverage in Cyber Insurance or Computer Software and Services Errors and Omissions Liability.
Protection & Indemnity —
Contractor shall purchase and maintain liability insurance coverage for each vessel utilized in performance of the Agreement. Coverage shall be included for loss of life, bodily injury and sickness, property damage, wreck removal and salvage costs, cleanup costs, collision liability, and damage to piers, docks, jetties, and other fixed or floating objects. Wreck Removal and Salvage Coverage shall not be sub-limited. Policy shall have a Navigation Warranty that includes the project area of operation. County shall be named as an additional insured under this policy. Policy shall be primary to and non-contributory with any insurance or self-insurance maintained by the County and shall include a waiver of subrogation in favor of the County.
Contract Plans: —
The official approved drawings or plans or exact reproductions thereof, which have been prepared and signed and sealed by an Engineer on behalf of the County and shall be utilized by the Contractor, which show the location, character, dimensions and details of the Work to be done and which are considered as part of the Contract Documents, including, but not necessarily limited to those Contract Plans enumerated in the construction Contract.
Payment Terms —
Unless otherwise stated in the Special Terms and Conditions section, the County will remit full payment on all undisputed invoices for goods and services other than Construction Services within forty‑five (45) days from receipt by the appropriate person(s) (to be designated at time of Agreement) of the correct invoice(s) or receipt of all products or services ordered in accordance with F.S.S. 218.74. For Construction Services the County will remit full payment on all undisputed invoices within twenty (20) to twenty-five (25) days in accordance with F.S.S. 218.735.
Marine/Vessel Pollution —
Contractor shall purchase coverage for spills and threats of spills from vessels. This includes, but is not limited to clean up obligations mandated by local and national laws, orders, rules and regulations; as well as clean-up, third party property damage, subsistence, assessment of and damage to natural resources, loss of revenues and profits by third parties, loss of public services, defense, investigation, advertising, civil penalties, criminal fines and defense and interest. County shall be named as an additional insured under this policy.
Compliance with FEMA 2 CFR 200.318-326 and Appendix II Contract Provisions —
This Agreement and the products/services provided may be utilized in the event of declared State/Federal Emergency, and awarded Respondent(s) shall comply with the applicable sections of the Federal Contract Provisions as exhibited with this Solicitation.
Contract Price: —
The total monies payable to the Contractor as consideration for completion of the Work in accordance with the Contract Documents
Unusual Costs —
The Contractor may petition the County at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one (1) year. If the Contractor petitions for such an increase, the Contractor shall also petition for a rate reduction on the basis of extraordinary and unusual changes in the costs of operation that could not reasonably be foreseen by a prudent operator and which, by all reasonable expectations, will continue for at least one (1) year; failure to make such petition may be grounds for Agreement termination.
The Contractor’s request shall contain substantial proof and justification to support the need for the rate adjustment. The County may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The County shall approve or deny the request, in whole or in part, within sixty (60) Days of receipt of the request and all other additional information required by the County. Any price redetermination shall be solely based upon the documentation provided and the County reserves the right to rescind any price relief granted should the circumstances change and prices go down.
Aerial Applicator Aviation Insurance —
Contractor shall purchase and maintain coverage for Bodily Injury and Property Damage Liability Excluding Chemical Liability and be written on a combined single limit per occurrence basis in the amount required in the Required Types and Limits of Insurance Chart. This sublimit of the policy shall provide coverage for third party liability claims for damages due to bodily injury and property damage resulting from the ownership, maintenance, or use of your aircraft. Policy shall provide coverage for Chemical Combined Bodily Injury and Property Damage Liability and be written on a combined single limit per occurrence basis in the amount required in the Required Types and Limits of Insurance Chart. This sublimit of the policy shall provide coverage for third party liability claims for damages due to bodily injury and property damage caused by agricultural seeds, fertilizers, fungicides, insecticides and chemicals sprayed or emitted in the process of aerial application by your aircraft. Policy shall include the foregoing liability coverages for the temporary use of substitute aircraft while an aircraft owned by you is withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction while temporarily used as a substitute. County shall be named as an additional insured under both the Bodily Injury and Property Damage Liability Excluding Chemical Liability and Chemical Combined Bodily Injury and Property Damage Liability coverages. Policy limits shall not be reduced by defense costs. Policy shall be endorsed to be primary and non-contributory with any insurance maintained by or available to the County and shall include a waiver of subrogation in favor of the County.
Contract Sum: —
The total monies payable to the Contractor as consideration for completion of the Work in accordance with the Contract Documents.
Additional Terms & Conditions —
The County of Volusia reserves the right to reject offers containing terms or conditions contradictory to those requested in this Solicitation.
Emergency Response Services —
In the event goods or services are provided under this Agreement for emergency response for a natural emergency, if Contractor breaches this Agreement during an emergency recovery period Contractor shall pay a $5,000 penalty as well as damages, which may be either actual and consequential damages. As used in this provision, the term “emergency recovery period” means a 1-year period that begins on the date that the Governor initially declared a state of emergency for a natural emergency.
Contract Time: —
The number of consecutive days, as stated in the construction Contract, during which the Contractor shall perform the Work.
Taxes —
County is exempt from Manufacturers’ Federal Excise Tax (Exemption# 49-6000-885) and Florida sales tax (Exemption# 85- 8012622393C-9). Certificates are available at www.volusia.org/purchasing. After accessing the foregoing website, select, “Doing Business with Volusia County” and “Consumer Certificate of Exemption” from the available menu screens to see a copy of the certificates.
Primary and Excess Coverage —
Any insurance required may be provided by primary and excess insurance policies.
Liquidated Damages —
Time is of the essence for this project. Any delays from the dates contained in the Agreement issued to the awarded Respondent shall inconvenience the Public and result in monetary losses and damages to the County. The losses and damages shall be difficult to determine. In the event that the deliverables are not provided by the date set in the resulting Agreement, there shall be deducted, as agreed, fixed liquidated damages from the Agreement price being paid by the County of Volusia. This computed sum shall be , including Saturdays and Sundays. Such sums are hereby agreed to be reasonable predictions of damages, which will be sustained and are specifically declared to not constitute a penalty for breach of contract.
Discounts —
All discounts except those for prompt payment shall be considered in determining the lowest net cost for evaluation purposes. All discounts shall remain firm for the term of the Agreement.
General Insurance Requirements —
1. All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A- and a Financial category size of VIII or greater in the "Best Key Rating Guide" published by A.M. Best & Company, Inc.
2. Approval by County of any policy of insurance shall not relieve Contractor from its responsibility to maintain the insurance coverage required herein for the performance of Work or Services by the Contractor or its Subcontractors for the entire term of the Agreement and for such longer periods of time as may be required under other clauses of the Agreement.
3. Waiver of Subrogation. The Contractor hereby waives all rights against the County and its Subcontractors for damages by reason of any claim, demand, suit or settlement (including Workers’ Compensation) for any claim for injuries or illness of anyone, or perils arising out of the Agreement. The Contractor shall require similar waivers from all its Subcontractors. Contractor’s insurance policies shall include a waiver of subrogation in favor of the County. This provision applies to all policies of insurance required under the Agreement (including Workers’ Compensation, and general liability).
4. County Not Liable for Paying Deductibles. For all insurance required by Contractor, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Contractor’s business or any Subcontractor performing Work or Services on behalf of the Contractor or for the Contractor’s benefit under the Agreement.
5. Cancellation Notices. During the term of the Agreement, Contractor shall be responsible for promptly advising and providing the County Risk Manager and the Purchasing and Contracts divisions with copies of notices of cancellation or any other changes in the terms and conditions of the original insurance policies approved by the County under the Agreement within two (2) business days of receipt of such notice or change.
6. Deductibles and Self-Insured Retentions.
  1. Contractors that maintain and administer a self-insured retention or a large deductible formal program exceeding the insurance requirements listed in the Required Types and Limits of Insurance Chart to fund either program may submit an exception request in accordance with the Solicitation section detailing Revisions, Addenda, Questions & Answers to be considered for this Solicitation. The request must include a summary of the program’s design and funding method to manage fund deductibles or self-insured retentions. If additional information is necessary, the County will request more specific information, which must be provided by the Contractor. The County Risk Manager will review the information submitted and determine whether the program is acceptable to the County.
  2. Contractors with no formal risk management program in place to manage and fund deductibles or self-insured retentions may not be considered.
  3. Subject to County approval, Contractor may obtain a letter of credit in the amount equivalent to the deductible, which shall remain in effect during the term of the Agreement at no additional cost to the County.
7. Contractor’s obligations or services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity or insurance defense of additional or named insureds which would otherwise exhaust or be unavailable as to a party or person described in this Contract.
Contractor: —
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has submitted a Response for the purpose of obtaining business with the County and awarded an Agreement/Contract to provide the product and/or services set forth herein.
Submittal Bond —
A Submittal Bond in the amount of NO VALUEdollars, payable to the County of Volusia, is required for this Construction Bid (ITB-C). The Bid bond can be in the form of a bond, cashier’s check or irrevocable letter of credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida and with a rating of "A" or higher as listed in the A.M. Best & Company latest published rating guide. The County provided form shall be used if the bond is issued. The bond, cashier’s check or ILOC shall not expire until the Agreement is awarded and shall guarantee that (1) a Respondent shall not withdraw its Response after the closing time and date of this Construction Bid (ITB-C), or (2) the awarded Respondent shall promptly execute an Agreement and deliver any required specifications required by the County prior to start-up of the Agreement. The bond, cashier’s check or ILOC will be invoked by the County to ensure payment of the Repondent of damages incurred by withdrawal of a Bid, or failure to enter into an Agreement after award. Submittal bonds, without interest, will be returned upon receipt of appropriate insurance documents and/or a Performance Bond, if applicable.
Bid Bond —
A Bid bond shall accompany each Bid in an amount not less than five percent (5%) of the Bid amount and shall be valid for a period not less than one hundred twenty (120) days. The Bid bond can be in the form of a bond, cashier’s check or irrevocable letter of credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida and with a rating of "A" or higher as listed in the A.M. Best & Company latest published rating guide. If a Bid bond is used, the Respondent shall complete and submit the Bid bond form provided in this solicitation. The bond, cashier’s check or ILOC shall not expire until the Agreement is awarded and shall guarantee that (1) a Respondent shall not withdraw its Response after the closing time and date of this Solicitation, or (2) the awarded Respondent shall promptly execute an Agreement and deliver any required specifications required by the County prior to start-up of the Agreement. The bond, cashier’s check or ILOC will be invoked by the County to ensure payment of the Respondent of damages incurred by withdrawal of a Bid, or failure to enter into an Agreement after award. After the County and the successful Respondent have executed a written Contract and the successful Respondent has recorded an acceptable Payment and Performance Bond or if one hundred twenty (120) days have passed after the date of the formal opening of the Bids and no Contract has been awarded, the Bid security of any Respondent will be returned upon written demand.
Proof of Insurance. —
1. The Contractor shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall clearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates.
2. The Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of the Agreement and the Contractor shall not commence work or provide any service until the Contractor has obtained all the insurance required under the Agreement and such insurance has been filed with and approved by the County. Upon request from the County, the Contractor shall furnish copies of all required policies and any changes, endorsements, or amendments thereto, immediately, to the County, the County Risk Manager, and Purchasing and Contracts Divisions, prior to and any time after the commencement of any contractual obligations. The Agreement may be terminated by the County, without penalty or expense to County, if at any time during the term of the Agreement proof of any insurance or copies of any insurance policies required hereunder are not provided to the County upon request.
3. All certificates of insurance shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Section. No work or services by Contractor or its Subcontractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Contractor agrees that the County shall make no payments pursuant to the terms of the Agreement until all required proof or evidence of insurance has been provided to the County. The Agreement may be terminated by the County, without penalty or expense, if proof of any insurance required hereunder is not provided to the County.
4. The Contractor shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of the Agreement. In the event such insurance lapses, the County expressly reserves the right to renew the insurance policies at the Contractor’s expense or terminate the Agreement but County has no obligation to renew any policies.
5. The provisions of these sections, Required Types of Insurance; Insurance Requirements; and Proof of Insurance, shall survive the cancellation or termination of the Agreement.
Meets/Minimum Specifications —
The specifications listed in the Scope of Work are the minimum required performance specifications for this Solicitation; they are not intended to limit competition nor specify any particular Respondent, but to ensure that the County receives quality services. The Respondent represents that all offers to this Solicitation shall meet or exceed the minimum requirements specified.
Contractor: —
The entity identified in the construction Contract and referred to throughout the Contract Documents as if singular in number. The Contractor shall designate in writing a representative(s) who shall have the express authority to bind the Contractor with respect to all matters under the Contract. The “Contractor” means the Contractor or its authorized representative(s).
Power of Attorney —
Attorneys-in-Fact who sign Bid bonds or Contract bonds shall submit with the bonds a certified copy of his/her Power of Attorney.
Damages to Rental Equipment —
Rental Contractor(s) agree to purchase such insurance, as they consider necessary to protect their equipment from damage or destruction during the term of this Agreement for rental of equipment. Rental Contractor(s) also agree that the County shall have no obligation for payment of damages of any nature to equipment provided with or without an operator unless clear and convincing evidence demonstrates that gross negligence of either the County or its employees acting within the scope of their employment was the direct cause of such damage or destruction.
Rental Contractor(s) further understand and agree that no employee of the County other than the Director of Purchasing and Contracts is authorized to sign any rental or other agreement that contains terms and conditions other than those contained in this Solicitation, and that any signature of a County employee other than the Director of Purchasing and Contracts shall be interpreted as the County’s acknowledgement of delivery only.
Contractor: —
Fill in with Company/Vendor Name Here
Brand Name or Equal —
If items requested by this Solicitation have been identified in the specifications by a Brand Name “OR EQUAL” description, such identification is intended to be descriptive and not restrictive and is to indicate the quality and characteristics of products that will be acceptable. Offers proposing “equal” products will be considered for award if such products are clearly identified in the offer and are determined by the County to meet fully the salient characteristic requirements listed in the specifications.
Unless the Respondent clearly indicates in his/her offer that he/she is proposing an “equal” product, the offer shall be considered as offering the same brand name product referenced in the specifications.
If the Respondent proposes to furnish an “equal” product, the brand name of the product to be furnished shall be clearly identified. The evaluation of offers and the determination as to equality of the product offered shall be the responsibility of the County and will be based on information furnished by the Respondent. The Purchasing and Contracts Division is not responsible for locating or securing any information which is not identified in the response and reasonably available to the Purchasing and Contracts Division. To ensure that sufficient information is available the Respondent shall furnish as part of the response all descriptive material necessary for the Purchasing and Contracts Division to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Respondent proposes to furnish and what the County would be binding itself to purchase by making an award.
Substitutions —
Prior to proposing any substitute material, product, item, or service, the Respondent shall satisfy itself that the material, product, item or Service proposed is, in fact, equal to that specified, that such material, product, item, or service affords comparable ease of operations, maintenance and service, that the appearance, longevity and that by reason of cost savings, reduced construction time, or similar demonstrable benefit, the substitution of such material, product, item or service will be in County’s interest.
The burden of proof of equality of a proposed substitution for a specified material, product, item or service shall be upon Respondent. The Respondent shall support its request with sufficient test data and other documents to permit County to make a fair and equitable decision on the merits of the proposal. Respondent shall submit drawings, samples, data, certificates and any other pertinent documentation for proposed substitute materials. Any material, product, item or service by a manufacturer other than those specified, or of brand name or model number, or of generic species other than those specified, will be considered a substitution. County will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified.
Approval of a substitution shall not relieve the Respondent from responsibility for compliance with all requirements of the Contract. Respondent shall bear the expense for any changes in other parts of the Work caused by a substitution. Substitute materials or service proposed as substitutions for specified items shall be supported by certification of their approval for use by any or all governmental agencies having jurisdiction over use of the specified material or method. Substitutions may not be permitted in those instances where the product is intended to accommodate artistic design, specific function or economy of maintenance.
Should the Respondent wish to use any material, product, item or service other than those specified by brand or trade name, they shall, within fourteen (14) calendar days prior to the closing submit through OpenGov a request for substitution accompanied by all data necessary for the County to determine whether the requested substitution is equal to the specified material, product, item or service. If the Respondent fails to submit the written request within the specified time, no substitutions will be allowed. The submission of a request to substitute a material, product, item or service incurs no obligation on the part of the County to accept such substitute or on the part of the County to construe such substitute to be an equal to that specified. The County will have a reasonable amount of time to review request for substitution. Should the substitute be acceptable to the County, an authorization will be posted in OpenGov allowing the provision of the substitute material, product, item or service. No substitute will be allowed which will increase the Contract amount. Equivalent material, product, item or service may be subject to performance testing.
Contractor’s Project Manager: —
The Project Manager has responsibility for administering this Agreement for the successful Respondent(s) and will be designated prior to the issue of the resulting Master Agreement or Purchase Order.
Provide Proof of Insurance —
Provide Proof of Insurance - evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct Solicitation and/or project number and Volusia County contact person.
Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy of the notice with the response.
Bid Bond Forfeited - Liquidated Damages —
Failure of the Respondent to execute a Contract as provided herein within five (5) business days following receipt of the contract for execution may be just cause for the annulment of the award and the forfeiture of the Bid security to the County, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsive and responsible bidder or all Bids may be rejected.
Samples —
When required, samples of products shall be furnished with Response to the County at no charge. Samples may be tested and will not be returned to the Respondent. The result of any and all testing shall be made available upon written request.
Contractor’s Project Manager: —
The individual responsible for the day-to-day administration of the Project for the Contractor who shall have authority to act on behalf of and bind the Contractor in matters pertaining to the Project unless otherwise expressed in writing by the Contractor.
Payment and Performance Bond —
1. Bond Requirements. The Contractor shall furnish a Payment and Performance Bond(s), each in an amount of one hundred percent (100%) of the Contract price, in accordance with §255.05 Florida Statutes and the Contract Documents as security for the faithful payment and performance of all its obligations under the Contract Documents. The County Payment and Performance Bond form shall be used. No other forms will be accepted without prior approval from the County. The bond(s) shall be in an amount equal to the Contract Sum.
  1. The Payment and Performance Bond shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in the State of Florida. The attorney-in-fact or other officer who signs such bond(s) for the surety company must attach a certified copy of its power-of-attorney authorizing it to do so.
  2. Qualification of Sureties. The following requirements shall be met by surety companies furnishing the Payment and Performance Bond.
    1. The surety shall be rated “A” or better on the Financial Strength Rating (FSR) and Class “X” or better on the Financial Size Category by Best’s Rating Center, published by A. M. Best Company, Inc., of Ambest Road, Oldwick, NJ 08858. Financial Strength Rating of companies providing insurance for the Project shall be “A-” Class VIII or better.
    2. The surety shall also be listed on the U.S. Department of Treasury (Dept. Circular 570) entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.”
  3. If the County, for justifiable cause (such as the filing for liquidation, appointment of receiver to manage said Surety business, insolvency, filing petitions or applications for protection or liquidation under federal bankruptcy laws, or other causes adversely affecting the Surety's ability to perform under its bonds), becomes dissatisfied with any Surety or Sureties then upon the bond(s), the Contractor or Subcontractor shall, within fifteen (15) days after written notice from the County to do so, substitute acceptable bond(s) in such form and sum, and signed by such other Surety or Sureties as may be satisfactory to the County. The premiums on the bond(s) shall be paid by the Contractor. No further payments shall be deemed due from County to Contractor nor shall be made until the new Surety or Sureties shall have furnished acceptable bond(s) to the County.
  4. Florida State Statute 255.05 permits the County to waive the requirement for payment and performance bond, if required, in any Contract which is awarded for $200,000.00 or less. The County may wish to exercise this authority if the County deems such waiver to be solely in its best interest.
2. Additional Insurance and Bonds. Prior to delivery of the executed Contract by County to Contractor, County may require Contractor to furnish such other bonds and such additional insurance in such form and with such Sureties or insurers as County may require. If such other bonds or such other insurances are specified by written instructions given prior to opening of bids, the Contractor shall pay the premiums. If subsequent thereto, they shall be paid by the County.
3. Failing to provide bonds according to this section, shall constitute a material breach of this Contract.
Contractor's Release: —
A document or language within a document such as an Application for Progress Payment or application for Final Payment wherein the Contractor agrees to release and discharge County and the CEI or A/E from all claims and demands related to a designated portion of the Work, except any claims for retainage or disputed claims, upon receipt of payment from the County.
Silence of Specifications —
The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement.
Qualification of Sureties —
All Surety companies furnishing Bid, performance, payment, or other types of bonds shall meet the following requirements:
1. The Surety shall be rated “A” or better on the Financial Strength Rating (FSR) and Class “X” or better on the Financial Size Category (FSC) by Best’s Rating Center, published by A. M. Best Company, Inc., of Ambest Road, Oldwick, NJ 08858. (NOTE: If the bond requirement does not exceed $500,000.00, then the suitability of the Surety shall be determined in accordance with the requirements of Florida Statutes Section 287.0935)
2. The Surety shall also be listed on the U.S. Department of Treasury (Dept. Circular 570) entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.”
3. The agent countersigning the bond shall be registered in the State of Florida.
4. All Surety companies are subject to approval and may be rejected by the County without cause in the same manner that Bids may be rejected.
Cost of the Work —
The sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the Work.
Change in Scope of Work/Service —
1. The County may order changes in the Work/Service consisting of additions, deletions, or other revisions within the general scope of the Agreement. No claims may be made by the Contractor that the scope of the project or of the Contractor’s services has been changed, requiring changes to the amount of compensation to the Contractor or other adjustments to the Agreement, unless such changes or adjustments have been made by written amendment or modification order to the Agreement signed by the appropriate County signatories and the Contractor.
2. If the Contractor believes that any particular Work/Service is not within the scope of Work/Service of the Agreement, is a material change, or will otherwise require more compensation to the Contractor, the Contractor must immediately notify the County Project Manager in writing of this belief. The Contractor and County shall negotiate modifications to the Agreement in good faith and agree upon equitable adjustment for any changes in Services or other obligations required of the Contractor due to such modifications. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order.
3. The County reserves the right to negotiate with the awarded Contractor(s) without completing the competitive bidding process for materials, products, and/or Services similar in nature to those specified within this solicitation for which requirements were not known when the Solicitation was released.
Evaluation Method [CCNA] —
The County will appoint a committee consisting of County staff to evaluate the proposals and to make a recommendation to the County Council. The County will be the sole judge of its own best interests, the proposals, and the resulting Contract, if any. The County’s decisions will be final. Award will be made to the proposal(s), which presents the best value to the County based on the entire evaluation process and all the information gathered. The County may require the short-listed firm(s), if applicable, to do an oral presentation or have discussions by the proposed team relative to their specific experience on similar projects. The selection process shall be in accordance to CCNA process.
Note: Respondents are prohibited from contacting any of the committee members, other than the Procurement Analyst, prior to the recommendation of award from the committee.
Governing Laws/Venue —
This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without giving effect to the choice of law principles thereof. Jurisdiction over and venue for any controversies or legal issues arising out of this Agreement shall, if in state court, be exclusively in the 7th Judicial Circuit in and for Volusia County, Florida, or, if in federal court, in the Middle District of Florida, Orlando Division. By entering into this Agreement, Contractor and County hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement, and, unless otherwise expressly provided herein, each agrees to bear its own costs and attorneys' fees relating to any dispute arising under this Agreement.
County: —
Shall mean the County of Volusia (a body corporate and politic and a subdivision of the State of Florida) including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.
Assignment —
Contractor may not assign or otherwise convey Contractor’s rights and/or obligations under this Agreement without obtaining County’s prior written consent, which consent County may withhold, limit and/or condition in County’s sole discretion, including, but not limited to, requiring the Contractor or his/her proposed successor in interest to post a performance bond. Any consent by the County under this Section shall be by written agreement in a form and substance specified by the County in its sole discretion; the County Manager may execute such agreement on behalf of the County. If Contractor desires to assign or otherwise convey its rights and/or obligations under this Agreement, Contractor shall no less than thirty (30) days prior to the assignment’s proposed effective date, provide County with a written request for County’s consent. Failure to provide such notice may result in the County assessing a processing fee of Five Hundred Dollars (US $500.00); however, payment of such fee shall not entitle the Contractor to the County’s acceptance or approval of its request for assignment.
Nothing herein shall preclude the right of the County to waive its rights under this Section but no waiver shall be granted by the County without a written and duly executed amendment to the Agreement.
Evaluation Method —
The County will appoint a committee consisting of County staff to evaluate the proposals and to make recommendation to the County Council. The County will be the sole judge of its own best interests, the proposals, and the resulting Contract, if any. The County’s decisions will be final. Award will be made to the proposal(s), which presents the best value to the County based on the entire evaluation process and all the information gathered.
Note: Respondents are prohibited from contacting any of the committee members, other than the Procurement Analyst, prior to the recommendation of award from the committee.
County Engineer: —
The County Engineer is the employee of the County who shall have the express authority to bind the County with respect to all matters requiring the County’s approval or authorization. Phrases, such as “by the County” or “to the County,” refer to the County Engineer or his delegate, which may include the County Project Manager or CEI or A/E. No person shall be presumed to have authority to bind the County to Modifications that change the Contract Sum or Contract Time without express written consent of the County Engineer. In some instances the County Engineer may be required by County ordinance or policy to request the approval of the County Manager or County Council to effectuate changes in Contract Sum, Contract Time or significant changes in Scope of Work.
Content of Solicitation/Response —
The contents of this Solicitation, all terms, conditions, specifications, and requirements included herein and the accepted and awarded response thereto may be incorporated into an Agreement to purchase and become legally binding. Any terms, conditions, specifications, and/or requirements specific to the item or Service requested in this Solicitation shall supersede the requirements as specified in the General Terms and Conditions and/or Special Terms and Conditions section(s) of this Solicitation.
County Project Manager: —
The County employee or authorized representative of the CEI or A/E who is assigned to the Project and is responsible for the day-to-day administration of the Project for the County. The County may change the County Project Manager at any time by providing notice to the Contractor.
Presentations by Respondents —
1. The County of Volusia, at its sole discretion, may ask individual Respondents to make oral presentations and/or demonstrations without charge to the County.
2. The County reserves the right to require any Respondent to demonstrate to the satisfaction of the County that the Respondent has the fiscal and managerial abilities to properly furnish the services proposed and required to fulfill the requirements of the RSQ. The demonstration must satisfy the County and the County shall be the sole judge of compliance.
3. Respondents are cautioned not to assume that presentations will be required and should include all pertinent and required information in their original proposal package.
County’s Project Manager(s): —
The Project Manager(s) have responsibility for the day-to-day administration of the resulting Agreement for the County and will be designated prior to award of the resulting Master Agreement or Purchase Order.
Contract/Agreement —
The contents of this Solicitation and all provisions of the successful proposal deemed pertinent by the County may be, at the sole discretion of the County, incorporated into an Agreement and become legally binding on the selected Respondent. The content of the Agreement may contain changes as a result of the Solicitation process and the content of the submittal received. The Contract shall, at minimum, include the substantive terms and conditions as outlined in the Solicitation and be subject to review by the County attorney or designee prior to approval and execution for determination of legal form and substantive sufficiency, and may contain those additional terms and conditions that the County deems in its best interest.
1. The Director of Purchasing and Contracts, County Manager, and County Chair are the sole Contracting Officers for the County of Volusia, Florida, and only they or their designees are authorized to make changes to any contract.
2. The County shall be responsible for only those orders placed by the County on an authorized signed Purchase Order or Master Agreement. The County shall not be responsible for any order, change substitution or any other discrepancy from the Purchase Order or Master Agreement. If there is any question about the authenticity of a Purchase Order, Master Agreement, or modification order, the Respondent should promptly contact the Purchasing Office at 386‑736‑5935.
Proposal Acceptance/Rejection —
The County reserves the right to accept or reject any or all proposals received as a result of this Solicitation, or to negotiate separately with competing Respondents, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal or proposals, which in the judgment of the proper officials, is in the best interest of the County.
Disclosure of Response Content —
All material submitted becomes the property of the County and may be returned only at the County's option. The County has the right to use any or all ideas presented in any reply to this Solicitation. Selection or rejection of any Response does not affect this right. The County of Volusia, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes (F.S.).
Proposal Acceptance Period —
Any Proposal in response to this RSQ shall be valid through April 1, 2027. At the end of this time the proposal may be withdrawn at the written request of the Respondent if no award has been made. If the Proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled regardless of the status of the proposal bond. The County reserves the right to request an extension of the proposals if a Contract has not been executed by September 1, 2026.
Day: —
The word “day” means each calendar day or accumulation of calendar days.
Termination (RSQ) —
1. The performance of Work or Services under a Contract may be terminated by the County in accordance with this clause in whole or from time to time in part, upon at least thirty (30) days prior written notice to Contractor whenever the County shall determine that such termination is in the best interest of the County. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under a Contract is terminated, and the subsequent date upon which such termination becomes effective.
2. County may terminate a Contract in whole or part for convenience at will or for non-appropriation of funds by County. Upon receipt of such notification, Contractor shall inform County of the extent to which performance is completed and unless notified in writing by the County otherwise, the Contractor shall take no further steps towards completion of the Project. Upon payment by County, Contractor shall deliver to County any and all completed Deliverables and Deliverables-in-progress that then exist for the Project. If the County terminates the Project due to the Contractor’s failure to meet a completion deadline as set forth in a Contract, the County may seek the services for the Project from another consultant and no sums shall be due to the Contractor as a result of any work or services that have been performed by the Contractor for the Project.
3. After receipt of a Notice of Termination as set forth in above, and except as otherwise directed by the County, the Contractor shall:
  1. Stop work under a Contract on the date and to the extent specified in the Notice of Termination.
  2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under a Contract, as it is not terminated.
  3. Terminate all orders and subcontracts pursuant to this Article to the extent that they relate to the performance of Work or Services terminated by the Notice of Termination.
  4. Assign to the County, in the manner, at the times and to the extent directed by the County, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the County shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
  5. With the approval of the County and to the extent required by the County, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. County's approval of such settlements shall be final for all the purposes of a termination under the Article. In addition, Contractor shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County:
    1. The sketches, calculations, reports, models, studies and other Work-in-process, completed Work or Services, supplies, and other materials produced as a part of, or acquired in connection with the performance of the Work or Services terminated by the Notice of Termination; and,
    2. The completed or partially completed designs, plans, drawings, information, and other property, which, if the Contract has been completed, would have been required to be furnished to the County.
4. Contractor shall complete performance of such part of the Work or Services as shall not have been terminated by the Notice of Termination.
5. After receipt of a Notice of Termination, the Contractor shall submit to the County its termination claim, in the form and with a certification as prescribed by the County. Such claim shall be submitted promptly but in no event later than thirty (30) days from the effective date of termination, unless one (1) or more extensions in writing are granted by the County, upon request of the Contractor made in writing within such thirty (30) day period or authorized extension thereof. Upon failure of the Contractor to submit its termination claim within the time allowed, the County may determine on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall there upon pay to the Contractor the amount so determined.
6. Subject to the provisions of set forth above, the Contractor and the County may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this Article which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts exclusive of settlement costs, shall not exceed the total contract price or Compensation as reduced by the amount of payments otherwise made and as further reduced by the contract price of Compensation for Work not terminated. As such, the Contract shall be amended accordingly and the Contractor shall be paid the agreed amount. Nothing herein, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the County to agree upon the whole amount to be paid to the Contractor by reason of the termination of Work or Services pursuant to this clause, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor.
7. In the event of the failure of the Contractor and the County to agree as provided in Section 6. above upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Article, the County shall pay to the Contractor the amounts determined by the County as follows, but without duplication of any amounts already agreed upon by the parties.
  1. For completed Work or Services accepted by the County, the price or prices or Compensation specified in the Contract for such work, less any payments previously made.
    1. Notwithstanding Fixed Fee or Price and Guaranteed Maximum-Not-To-Exceed Compensation the total compensation shall include the total of the following:
      1. The costs incurred by the Contractor in the performance of the Work and Services terminated, including initial costs and preparatory expenses allocable thereto, but exclusive of any costs attributable to the Work and Services paid or to be paid for under Sections 6. and 7.1. hereof;
      2. The cost of settling and paying claims arising out of the termination of Work or Services under subcontracts or orders as provided herein, which are properly chargeable to the terminated portion of the Contract exclusive of amounts paid or payable on account of work or services delivered or furnished by Subcontractors or Sub-Subcontractor prior to the effective date of termination, which amounts shall be included in the costs payable herein; and,
8. A Contract may be terminated by the Contractor if the Contractor provides a minimum of thirty (30) days written notice to the County’s Director of Purchasing and Contracts. In the event the Contractor breaches any of the terms and conditions of a Contract and after receipt of notice from the County of said breach and time to cure the same the Contractor fails to cure the breach, the County may take over the Work and Services and complete the Work or Services; or otherwise, the Contractor shall be liable to the County for any increased cost of the Project reasonably incurred by the County in the process of completing the Contractor's unfinished Work and Services. As such, County may apply unpaid Compensation due and owing to the Contractor prior to the default as a set off against the costs incurred by the County for taking over such Work or Services.
9. In the event that there is a partial termination of a Contract by the County or Contractor because of non-appropriation by County, subject to Term of Contract and Contract Price and Compensation, Contractor shall be paid in accordance with terms of this Article, to the date of termination on a prorated basis for any task, milestone, or Deliverable started but not completed which were designated for payment on a payment schedule provided to the County prior to the commencement of work on the task, milestone or Deliverable which is the subject of the partial termination. County’s obligation to pay Contractor under a Contract is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of a Contract and is otherwise limited to legally available non-ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Contract Price and Compensation. Contractor and County shall be obligated to continue performance under a Contract for the work or services within the Scope of Work or Services under a Contract which is not the subject of the partial termination by non-appropriation.
10. If termination of a Contract occurs for any reason:
  1. The County shall continue to have the unfettered right to use or access any license, designs, plans, or exhibits, any of the Deliverables or work products from tasks or milestones, arising under that Contract and produced pursuant to the Contract Documents for which the County has paid prior to termination of a Contract or for which County makes payment after termination of a Contract.
11. Except as otherwise provided in a Contract, Contractor shall return to the County all County Confidential Information in Contractor’s possession and Contractor shall certify in a written document signed by the Contractor that all such information has been returned.
12. Except as otherwise provided in a Contract, the County shall return to Contractor or destroy all Contractor’s Confidential Information in the County’s possession (including, without limitation, all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, equipment or other documents or property relating to such Contractor’s Confidential Information and all copies of any of the foregoing (in whatever medium recorded)) and all Third-Party Products in its possession not yet accepted and not yet paid for in full together with all copies of documentation and other material related thereto, and shall certify in a written document signed by the County Project Manager that all such information and material has been returned or destroyed.
13. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Term of Contract, Contract Price and Compensation, and this Article, the County shall cause payments to be made to Contractor within forty-five (45) days of receipt of invoice. Contractor shall invoice the County for any sums Contactor claims to be owed by County under a Contract for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within forty-five (45) days.
14. In the event of termination by the County for non-appropriation, for all items or products ordered by Contractor before receipt by Contractor of the Notice of Termination which Contractor could not cancel without imposition of a fee, the County shall cause payments to be made to Contractor within forty-five (45) days of receipt of an undisputed invoice for all cancellation, restocking or residual fees resulting from the cancellation or return of third party products ordered from or shipped by the vendor thereof prior to the effective date of the termination.
15. All provisions of a Contract which imposes or contemplates continuing obligations on a party will survive the expiration or termination of a Contract.
Deliverables: —
The products or services provided by the Contractor pursuant to the Scope of Services for this Agreement, which may include but be not limited to: other services, reports, written documentation, training, systems, or processes.
Limitation of Liability/Indemnification —
The Contractor shall indemnify, defend, and hold harmless the County including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status and the State of Florida, including its officers and employees, from and against all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor or its Subcontractors, agents, employees, or any persons employed or utilized by the Contractor in the performance of the Contractor’s obligations or Services under this Agreement. Such obligations or Services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exhaust as to a party or person described in this Agreement.
In all claims against the County, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or subcontractors.
Indemnification for grant funded projects. For any agreements that are funded or may in future be funded by Federal Emergency Management Agency (FEMA) Public Assistance grants or other Federal or State grants or program, the following shall apply: Contractor shall indemnify, defend and hold harmless the Florida Department of Emergency Management, its employees and/or their contractors (FDEM) and the government of the United States, its employees and/or their contractors (US), from and against all claims, damages, losses, and expenses, including, but not limited to, attorney’s fees arising out of, resulting from, or incident to Contractor’s performance of its obligations in whole or part of this Agreement, unless such injury or damage is occasioned solely by the fault, negligence, or willful misconduct of the FDEM, or US.
In all claims against FDEM or US, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or subcontractors.
Limitation of Liability/Indemnification (CCNA) —
The Contractor shall indemnify and hold harmless the County including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status and the State of Florida, including its officers and employees, from and against all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor or its Subcontractors, agents, employees, or any persons employed or utilized by the Contractor in the performance of the Contractor’s obligations or services under this Agreement. Such obligations or services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exhaust as to a party or person described in this Agreement.
In all claims against the County, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or subcontractors.
Indemnification for Grant Funded Projects. For any agreements that are funded or may in future be funded by Federal Emergency Management Agency (FEMA) Public Assistance grants or other Federal or State grants or program, the following shall apply: Contractor shall indemnify and hold harmless the Florida Department of Emergency Management, its employees and/or their contractors (FDEM) and the government of the United States, its employees and/or their contractors (US), from and against all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees arising out of, resulting from, or incident to Contractor’s performance of its obligations in whole or part of this Agreement, unless such injury or damage is occasioned solely by the fault, negligence, or willful misconduct of the FDEM, or US.
In all claims against FDEM or US, Contractor’s indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or any benefits payable by or for Contractor, or its employees, agents, contractors, or Subcontractors.
If this Agreement is a construction or professional services contract governed by the restrictions on indemnification as set forth in §725.06 or §725.08, Florida Statutes, then any and all indemnification provisions contained within this solicitation and resulting Agreement where the Contractor has agreed to indemnify, defend, or hold harmless the County shall, regardless of any language or provisions contained in this solicitation or the Agreement to the contrary, be interpreted as and limited to requiring the Contractor to indemnify and hold harmless the County, including its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the contract. If this solicitation or the resulting Agreement is required by applicable law to contain a monetary limitation on the extent of indemnification, then the County and Contractor agree to limit such indemnification to $1 million per occurrence, $2 million aggregate, it being agreed upon by and between the County and Contractor that such amounts bear a reasonable commercial relationship to this Contract and are hereby made a part of the project specifications or bid documents.
Director: —
The Director of Purchasing and Contracts for the County of Volusia, Florida.
Suspension of Work and Termination (Construction Bid) —
1. County may, at any time and without cause, suspend the Work in accordance with the exhibited construction Contract.
2. The performance of Work or Services under a Contract may be terminated by the County in accordance with this clause in whole or from time to time in part, upon at least thirty (30) days prior written notice to Contractor whenever the County shall determine that such termination is in the best interest of the County. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of Work under a Contract is terminated, and the subsequent date upon which such termination becomes effective.
3. County may terminate a Contract in whole or part for convenience at will or for non-appropriation of funds by County. Upon receipt of such notification, Contractorshall inform County of the extent to which performance is completed and unless notified in writing by the County otherwise, the Contractor shall take no further steps towards completion of the Project. Upon payment by County, Contractor shall deliver to County any and all completed Deliverables and Deliverables-in-progress that then exist for the Project. If the County terminates the Project due to the Contractor’s failure to meet a completion deadline as set forth in a Contract, the County may seek the services for the Project from another Contractor and no sums shall be due to the Contractor as a result of any work or services that have been performed by the Contractor for the Project.
4. After receipt of a Notice of Termination as set forth in above, and except as otherwise directed by the County, the Contractor shall:
  1. Stop work under a Contract on the date and to the extent specified in the Notice of Termination.
  2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under a Contract, as it is not terminated.
  3. Terminate all orders and subcontracts pursuant to this Article to the extent that they relate to the performance of Work or Services terminated by the Notice of Termination.
  4. Assign to the County, in the manner, at the times and to the extent directed by the County, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the County shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
  5. With the approval of the County and to the extent required by the County, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. County's approval of such settlements shall be final for all the purposes of a termination under the Article. In addition, Contractor shall transfer title and deliver to the County, in the manner, at the times, and to the extent, if any, directed by the County:
    1. The sketches, calculations, reports, models, studies and other Work-in-process, completed Work or Services, supplies, and other materials produced as a part of, or acquired in connection with the performance of the Work or Services terminated by the Notice of Termination; and,
    2. The completed or partially completed designs, plans, drawings, information, and other property, which, if the Contract has been completed, would have been required to be furnished to the County.
5. Contractor shall complete performance of such part of the Work or Services as shall not have been terminated by the Notice of Termination.
6. After receipt of a Notice of Termination, the Contractor shall submit to the County its termination claim, in the form and with a certification as prescribed by the County. Such claim shall be submitted promptly but in no event later than thirty (30) days from the effective date of termination, unless one (1) or more extensions in writing are granted by the County, upon request of the Contractor made in writing within such thirty (30) day period or authorized extension thereof. Upon failure of the Contractor to submit its termination claim within the time allowed, the County may determine on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall there upon pay to the Contractor the amount so determined.
7. Subject to the provisions of set forth above, the Contractor and the County may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant to this Article which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts exclusive of settlement costs, shall not exceed the total contract price or Compensation as reduced by the amount of payments otherwise made and as further reduced by the contract price of Compensation for Work not terminated. As such, the Contract shall be amended accordingly and the Contractor shall be paid the agreed amount. Nothing herein, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the County to agree upon the whole amount to be paid to the Contractor by reason of the termination of Work or Services pursuant to this clause, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor.
8. In the event of the failure of the Contractor and the County to agree as provided in above upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this Article, the County shall pay to the Contractor the amounts determined by the County as follows, but without duplication of any amounts already agreed upon by the parties.
  1. For completed Work or Services accepted by the County, the price or prices or Compensation specified in the Contract for such work, less any payments previously made.
    1. Notwithstanding Fixed Fee or Price and Guaranteed Maximum-Not-To-Exceed Compensation the total compensation shall include the total of the following:
      1. The costs incurred by the Contractor in the performance of the Work and Services terminated, including initial costs and preparatory expenses allocable thereto, but exclusive of any costs attributable to the Work and Services paid or to be paid for under Sections 6. and 7.1. hereof;
      2. The cost of settling and paying claims arising out of the termination of Work or Services under subcontracts or orders as provided herein, which are properly chargeable to the terminated portion of the Contract exclusive of amounts paid or payable on account of work or services delivered or furnished by Subcontractors or Sub-Subcontractor prior to the effective date of termination, which amounts shall be included in the costs payable herein.
9. A Contract may be terminated by the Contractor if the Contractor provides a minimum of thirty (30) days written notice to the County’s Director of Purchasing and Contracts. In the event the Contractor breaches any of the terms and conditions of a Contract and after receipt of notice from the County of said breach and time to cure the same the Contractor fails to cure the breach, the County may take over the Work and Services and complete the Work or Services; or otherwise, the Contractor shall be liable to the County for any increased cost of the Project reasonably incurred by the County in the process of completing the Contractor's unfinished Work and Services. As such, County may apply unpaid Compensation due and owing to the Contractor prior to the default as a set off against the costs incurred by the County for taking over such Work or Services.
10. In the event that there is a partial termination of a Contract by the County or Contractor because of non-appropriation by County, subject to Term of Contract and Contract Price and Compensation, Contractor shall be paid in accordance with terms of this Article, to the date of termination on a prorated basis for any task, milestone, or Deliverable started but not completed which were designated for payment on a payment schedule provided to the County prior to the commencement of work on the task, milestone or Deliverable which is the subject of the partial termination. County’s obligation to pay Contractor under a Contract is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of a Contract and is otherwise limited to legally available non-ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Contract Price and Compensation. Contractor and County shall be obligated to continue performance under a Contract for the work or services within the Scope of Work or Services under a Contract which is not the subject of the partial termination by non-appropriation.
11. If termination of a Contract occurs for any reason:
  1. The County shall continue to have the unfettered right to use or access any license, designs, plans, or exhibits, any of the Deliverables or work products from tasks or milestones, arising under that Contract and produced pursuant to the Contract Documents for which the County has paid prior to termination of a Contract or for which County makes payment after termination of a Contract.
12. Except as otherwise provided in a Contract, Contractor shall return to the County all County Confidential Information in Contractor’s possession and Contractor shall certify in a written document signed by the Contractor that all such information has been returned.
13. Except as otherwise provided in a Contract, the County shall return to Contractor or destroy all Contractor’s Confidential Information in the County’s possession (including, without limitation, all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, equipment or other documents or property relating to such Contractor’s Confidential Information and all copies of any of the foregoing (in whatever medium recorded)) and all Third-Party Products in its possession not yet accepted and not yet paid for in full together with all copies of documentation and other material related thereto, and shall certify in a written document signed by the County Project Manager that all such information and material has been returned or destroyed.
14. For all undisputed outstanding invoices submitted to the County prior to the effective date of the termination and subject to Term of Contract, Contract Price and Compensation, and this Article, the County shall cause payments to be made to Contractor within thirty (30) days of receipt of invoice. Contractor shall invoice the County for any sums Contactor claims to be owed by County under a Contract for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment and County shall pay any undisputed amount within thirty (30) days.
15. In the event of termination by the County for non-appropriation, for all items or products ordered by Contractor before receipt by Contractor of the Notice of Termination which Contractor could not cancel without imposition of a fee, the County shall cause payments to be made to Contractor within thirty (30) days of receipt of an undisputed invoice for all cancellation, restocking or residual fees resulting from the cancellation or return of third party products ordered from or shipped by the vendor thereof prior to the effective date of the termination.
16. All provisions of a Contract which imposes or contemplates continuing obligations on a party will survive the expiration or termination of a Contract.
Effective Date: —
The date that this Agreement is fully executed by Contractor and the County.
Performance of Work by Subcontractors or Subconsultants —
The Respondent shall submit with their Response the names, addresses, dollar value of overall project, percent of overall project with dollar value of their Subcontractor together with the services they will supply (see Prime/Sub Contractor Form). These Subcontractors will be subject to review as to their competency prior to award of Contract, and shall be one of the considerations in determining the lowest responsible Respondent as defined hereinafter. After award of Contract, no change in Contractor shall be made unless approved by the County in writing by reason of financial distress or County deemed performance issues. If this form is not completed and submitted along with the entire proposal at the time and date of the closing of the Solicitation, Respondent may be deemed non-responsive.
Payment of Subcontractors or Subconsultants —
Contractor shall save and hold the County harmless from any and all claims or actions by their Contractor(s) for payment of monies such Contractor claims to be owed by Contractor for Work performed under a Contract. Nothing in a Contract shall create any obligation on the part of the County to pay directly to any Subcontractors any monies due for Work performed under a Contract.
Engineer: —
References to the “Engineer” shall be presumed to refer to the County Engineer.
Infringement Claim —
For all licensed software or derivative works of the licensed software used by County under the resulting Agreement, Contractor agrees to protect, defend, indemnify, and hold harmless County, its agents, elected officials and employees of County from and against any and all claims, demands, actions, and causes or action which may arise asserting that all or any part of Contractor’s licensed software or applications that are owned and licensed by Contractor to County for use thereof by County, infringes or misappropriates any third party’s valid state patent, copyright, trademark, or any trade secret protected under United States law. In the event of an infringement claim, Contractor shall have the option: (i) to procure for County the right to continue using any product or Service found to be infringing; (ii) to replace any such infringing product or Service with a non-infringing product or Service; or (iii) to modify such infringing product or Service to make it non-infringing. Contractor shall have no obligation under this section if the infringement claim is based upon the use of the system in combination with other hardware or software applications not furnished by Contractor, or if such a claim arises from County’s modification of the system without the authorization of Contractor.
Engineer of Record: —
The professional engineer or engineering firm contracted or employed by the County and registered in the State of Florida who is responsible for the preparation of the plans and specifications. The Engineer of Record may be County in-house staff or a consultant retained by the County.
Field Order: —
A written instrument issued by the County to the Contractor, which clarifies or interprets the Contract Plans or specifications or other Contract Documents, and/or orders minor variations in the Work, but which does not involve an adjustment in Contract Sum or Contract Time.
Sovereign Immunity —
County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes (as amended). Notwithstanding anything set forth in any Section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature and the cap on the amount and liability of the County for damages, regardless of the number or nature of claims in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which claim would otherwise be barred under the doctrine of sovereign immunity or by operation of law.
Final Completion: —
The date the County certifies that all Work required to complete the Project is complete.
Compliance with Federal E-Verify Regulations —
Contractor covenants and agrees to the following provisions, as required by law:
1. If and to the extent the Agreement meets the criteria set forth at 48 C.F.R. § 52.222-54(e), the criteria of 48 C.F.R. § 52.222-54 are hereby incorporated by reference into this Agreement as if fully set forth herein.
2. Contractor and any of Contractor’s Subcontractors shall register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility and work authorization status of all new employees hired by Contractor (or Contractor’s Subcontractor) on or after the effective date of this Agreement and thereafter during the remaining term of the Agreement.
3. In the event Contractor enters into a subcontract, Contractor shall require, via written contract, the Subcontractor agree to: (i) register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired on or after the effective date of the subcontract and thereafter during the remaining term of the subcontract; and (ii) provide Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of this Agreement or the subcontract, whichever is longer. Contractor shall provide a copy of such affidavit to the County before the Subcontractor begins any Work associated with the Agreement. If the County has a good faith belief that a Contractor knowingly violated the requirements set forth in this section or Sections 448.09(1) or 448.095 of the Florida Statutes, but also has a good faith belief Contractor otherwise complied with this section and applicable law, the County shall promptly notify Contractor and order Contractor to immediately terminate its contract with the Subcontractor. Failure to comply with said order shall constitute a material breach of this Agreement.
4. If the County has a good faith belief Contractor has knowingly violated, or if Contractor is found to have violated, this Section; Section 448.09(1), Florida Statutes; Section 448.095, Florida Statutes; or the presidential executive order and subsequent Federal Acquisition Regulation (FAR) rule requiring federal Contractors to use E-Verify, if applicable, then the following shall be true: (i) such violation shall be a material breach of this Agreement by Contractor; (ii) Contractor shall indemnify, defend, and hold harmless the County from any resulting costs or expenses, including fines or penalties levied by a government agency and the County’s loss or repayment of grant funds; (iii) the County may terminate this Agreement immediately and without penalty and such termination shall not be or be considered a breach of this Agreement; and (iv) Contractor shall be liable for any additional costs incurred by the County as a result of the termination of the Agreement. Contractor acknowledges and understands that if the County terminates this Agreement in accordance with this Section, Contractor shall be ineligible for award of a public contract for at least one (1) year after the date on which the Agreement was terminated.
Final Payment: —
The final payment by the County to the Contractor for all sums due and retained by the County pursuant to the Contract.
Public Entity Crimes —
Pursuant to paragraph 287.133(2)(a), 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 thirty-six (36) months following the date of being placed on the convicted vendor list.
By entering into this Agreement, the Contractor represents and warrants that it is not on the convicted vendor list and not under investigation for violation of any state or federal law relating to public entity crimes. The Contractor further represents and warrants that its Subcontractor and implementer, if any, are not on the convicted vendor list and not under investigation for violation of any state or federal law relating to public entity crimes.
Patents, Copyright, and Royalties —
The Contractor, without exception, shall indemnify and save harmless the County of Volusia, its officers, agents and employees from liability of any nature of kind, including cost and expenses for or on account of any copyrighted, registered, patented, or unpatented invention, process, or article manufactured or used in the provision of goods and/or Services, including use by the County of Volusia. If the Contractor uses any design, device, or materials covered by letters, patent, copyright, or registration, it is mutually agreed and understood without exception that the quoted price shall include all royalties or costs arising from the use of such design, device, or materials in any way involved.
Key Personnel: —
Contractor’s personnel who are responsible for Contractor’s day-to-day Project operations as described in Contractor’s Proposal.
Use of County Logo —
The County owns and retains all proprietary rights in its logos, trademarks, trade names, and copyrighted images (Intellectual Property). As such, nothing in this Solicitation permits or shall be construed as authorizing Respondent to use or display County's Intellectual Property on Respondent's submittal documents or proposal (including any exhibits attached thereto) submitted to County by or on behalf of Respondent in response to this solicitation. The County has the right to redact the County Logo displayed on any Response.
Laborer: —
Any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others.
Training —
Unless otherwise specified Contractors may be required, at the convenience of and at no expense to the County, to provide training to County personnel in the operation and maintenance of any item purchased as a result of this Solicitation.
Liquidated Damages: —
A monetary payment made for damages, agreed by both parties in contract which are due and payable for breach by a party. May be applied on a daily basis for as long as the breach is in effect. Cannot be imposed as an arbitrary penalty. Must meet the threshold of reasonableness.
Acceptance —
Products purchased as a result of this Solicitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at Contractor's expense. Those items and items not delivered by the delivery date specified in accepted offer and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the Contractor.
Lump Sum: —
A pay item within the Contract Documents, bid by the Contractor as a total dollar amount inclusive of all labor and material required to furnish the item and paid for by percentage of completion in place for a given application for payment, as certified by the County.
Safety Warranty —
Any awarded Contractor including dealers, distributors, and/or manufacturers shall be responsible for having complied with all federal, state, and local standards, regulations, and laws concerning the product or service specified, and the use thereof, applicable and effective on the date of manufacture or use or date in service including safety and environmental standards as apply to both private industry and governmental agencies.
Master Agreement: —
The payment vehicle through with the successful Respondent(s) may be compensated. This Agreement will be issued in accordance with the specifications, terms, and conditions of this Bid document and shall be valid for a specified period of time and may have a specific dollar value, which shall not be exceeded annually.
Materialman: —
Any person who furnishes materials under Contract to the County, Contractor, Subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof.
Safety —
The Contractor shall take the necessary precautions and bear the sole responsibility for the safety of the methods employed by the Contractor in performing the Work. The Contractor shall at all times comply with the regulations set forth by federal, state, and local laws, rules, and regulations concerning "OSHA" and all applicable state labor laws, regulations, and standards. The Contractor shall indemnify and hold harmless the County from and against all liabilities, suits, damages, costs, and expenses (including attorneys' fees and court costs) which may be imposed on the County because of the Contractor, Subcontractor, or supplier's failure to comply with the regulations.
Modification: —
A written change to the Contract Documents resulting in a clarification or change to the Scope of Work or material terms of the Contract, which may or may not include changes to the Contract Plans, the Contract Sum or the Contract Time. Changes to Contract Sum or Contract Time, shall be made in strict accordance with the construction Contract. Any Modifications that result in an adjustment to the Contract Sum shall be administered pursuant to Fla. Statute § 218.755.
Warranty —
The Respondent agrees that, unless otherwise specified, the product and/or Service furnished as a result of this Solicitation and award thereto shall be covered by the most favorable commercial warranty the Respondent gives to any customer for comparable quantities of such products and/or Services and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the County of Volusia by any other provision of the Solicitation/offer.
Modification Order: —
A written change or modification to the Agreement approved by the County Project Manager and Contractor, which is signed by the County and Contractor authorizing an addition, deletion, or revision in the Scope of Services, or an adjustment in the Agreement price or time, without change to any other terms or conditions of the Agreement. Any Modifications that result in an adjustment to the Contract Sum shall be administered pursuant to Fla. Statute § 218.755.
Award of Solicitation —
The County reserves the right to award the Agreement to the Respondent(s) that the County deems to offer the lowest/most responsive and responsible Response(s), as detailed in this solicitation. The County is therefore not bound to accept a Response based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Solicitation, to reject any/all Responses, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/rebidding when Responses exceed budget and the County must change the Solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest or award only a portion of the Solicitation.
Notice to Proceed (NTP) —
The official document from the County to the Contractor establishing a date on which the Contract Time will commence.
Award of RFP —
The County reserves the right to award the Agreement to the Respondent(s) that the County deems to offer the best overall Proposal or solution, as detailed in this solicitation. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this RFP, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting and re‑soliciting when responses exceed budget and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and/or qualifications of Respondents and to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest.
Award of RSQ —
The County reserves the right to award the Contract to the Respondent(s) that the County deems to offer the best overall qualifications as detailed in this solicitation. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this RSQ, to reject any/all proposals, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/rebidding when responses exceed budget and the County must change the solicitation to lower costs. The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest.
Payment & Performance Bond —
A bond(s), issued by a surety in accordance with §255.05 Florida Statutes, and the Construction Contract.
Award of RFQ —
The County reserves the right to award the Agreement to the Respondent(s) that the County deems to offer the lowest/most responsive and responsible Response(s), as detailed in this solicitation. The County is therefore not bound to accept a Response based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Solicitation, to reject any/all Responses, to waive any/all informalities and/or irregularities, or to re‑advertise with either the identical or revised specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/rebidding when Responses exceed budget and the County must change the Solicitation to lower costs.
The County also reserves the right to make multiple awards based on experience and qualifications or to award only a portion of the items and/or services specified, if deemed to be in the County’s best interest or award only a portion of the Solicitation.
It is the intent of the County to award a Master Agreement for an initial term of one (1) year. Depending upon the total dollar expenditures, the resulting Master Agreement may be renewed for subsequent one (1) year terms upon mutual written agreement between the County and the Contractor.
Award of Construction Bid —
1. The County reserves the right to reject any or all Responses, or any part of any Response, to waive any informality in any Response, or to re-advertise for all or part of the Work contemplated. The County reserves the right, prior to award of Contract, to delete from the scope of the project any item or any combination of items the aggregate bid prices for which do not exceed twenty-five percent (25%) of the total price for the project. If Responses are found to be acceptable by the County, written notice will be given to the lowest responsive and responsible Respondent of the acceptance of their Response and the award of a Contract.
2. The County is therefore not bound to accept a proposal based only on lowest price. In addition, the County has the sole discretion and reserves the right to cancel this Solicitation, to reject any/all Responses, to waive any/all informalities and/or irregularities, or to re-advertise with either the identical or revised technical specifications, if it is deemed to be in the best interest of the County to do so. Nothing prohibits the County from rejecting/resoliciting when Responses exceed budget.
3. If a Respondent, to whom a Contract is awarded, forfeits his/her Proposal Bond and the award of the Contract is annulled, the County may then award the Contract to the next lowest responsive and responsible Respondent or the work may be re-advertised or subcontracted by the County.
4. The Contract will be awarded to the single, lowest responsive and responsible Respondent complying with the applicable conditions of the Contract documents. The Architect/Engineer and County will review the Responses to evaluate whether or not the Responses conform to the criteria established. In determining the lowest responsive and responsible Respondent, in addition to those noted in the Contract documents, each Response will be evaluated for conformance using the following criteria:
  1. Respondent conforming in all material respects to the requirements and criteria set forth in the Solicitation (Responsive).
  2. In general, Respondent shall have the capability in all respects to perform fully the Contract requirements and tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure good-faith performance. The Response shall be of the greatest benefit to the County of Volusia as it pertains to the following (Responsible):
    1. Total cost;
    2. A permanent place of business;
    3. Ability, capacity, skill and sufficiency of resources (including financial) of the Respondent to perform the Contract;
    4. Successful contractual and technical experience in similar work to successfully manage the diversity and complexity of items associated with Project. ;
    5. Qualifications of Contractors for whom each Respondent plans to use (including those who are to furnish the principal items of material or equipment). Additionally, each Respondent shall produce satisfactory evidence of all Contractors he/she proposes to use hold valid state, county, and local licenses or certificates of competency, if required by the project, covering all operations and all areas of political jurisdiction involved in the Work of this Contract;
    6. Proportional amount of the Work the bidder intends to perform with its own firm as compared with the portion it intends to subcontract;
    7. Qualified performance of the Respondent on previous contract, including, but not limited to, the Respondent’s ability to perform projects within the time specified in the contracts; compliance with laws and ordinances relating to the contract; quality, availability, and adaptability or professional or contractual services to the particular use required; and
    8. The ability of the Respondent to provide future maintenance and service, if required.
5. The County reserves the right to reject the Response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time; and
6. The ability of any Respondent to obtain a Payment and Performance Bond shall not be regarded as the sole test of such Respondent’s competence or responsibility.
Person or Persons: —
An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require.
Other Agencies —
All Contractors awarded Agreements from this Solicitation may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions, if agreed to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase order to the awarded Contractor(s).
Pre-Construction Conference: —
A meeting or meetings including the Contractor’s key personnel, key Subcontractors, the CEI or A/E (if applicable), County and others involved with the planning and execution of the Work, which shall take place prior to issuance of a Notice to Proceed.
Preference: —
The method of the reducing the proposed Bid or quote price by a designated percentage for the sole purpose of determining the lowest price when compared to other prices submitted during a competitive solicitation.
County Facilities —
County facilities are administrative facilities that provide services to the Volusia County public and any agencies that it serves. As such, activities in all buildings are critical to the provisioning of services to the public and shall not be interrupted by the Contractor’s Work activities.
Progress Payment: —
A payment made by the County to the Contractor after submission of an Application for Progress Payment by Contractor and acceptance by County staff.
Licenses, Certificates, and Permits —
1. The County reserves the right to require proof that the Respondent is an established business and is abiding by the ordinances, regulations, and laws of their community and the State of Florida, such as but not limited to: business tax receipts, business licenses, Florida sales tax registration, Federal Employers Identification Number, Registration with the Florida Department of State, Division of Corporations Sunbiz at www.sunbiz.org, AND;
2. The Respondent shall be required, upon notification of recommendation of award, to register with the Florida Department of State Division of Corporations at www.sunbiz.org in order to provide services under the resulting Agreement.
3. If a license is required, the Respondent shall be licensed to perform the required Work in accordance with the laws of the State of Florida and local ordinances. Respondent shall also verify that his/her Subcontractors are licensed to perform the Work in accordance with the laws of the State of Florida and local ordinances.
4. If applicable, the Respondent shall have a current professional registration certificate from the appropriate governing board. The Respondent must be properly registered at the time of its submittal to practice their profession in the State of Florida.
5. At time of Response, Respondent shall hold the required licensure to be the prime Contractor for all Work to be performed under the resulting Agreement. If Respondent proposes to use a Contractor to perform any Work under the resulting Agreement such Subcontractor shall hold the required licensure for all Work to be performed under the resulting Agreement. All licenses and permits required to perform Work under the resulting Agreement whether such license or permit is required by the federal government, State of Florida, Volusia County, or any municipality, shall be at Respondent’s sole cost and expense, and shall not be a cost of the County. All required licenses and permits shall be maintained in full force and effect during the term of the resulting Agreement.
Project: —
The sum of all construction activity related to the Contract Documents.
Records & Right to Audit —
County shall have the right to audit the books, records, and accounts of Contractor and its Subcontractorthat are related to the resulting Contract. Contractor and its Subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the resulting Contract. Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this Contract for a retention period of five (5) years after completion or termination of the Contract, and any renewals, as required by Item 65, General Records Schedule GS1-SL for State and Local Government Agencies, effective February 19, 2015 and the Florida Public Records Act (Chapter 119, Florida Statutes). Contractor shall, by written Contract, require its Subcontractors to agree to the requirements and obligations of this Section. Audits will be subject to applicable privacy and confidentiality laws and regulations and Contractor’s privacy and confidentiality policies and procedures.
Claim Notice —
The Contractor shall immediately report in writing to the County’s designated representative or agent any incident that might reasonably be expected to result in any claim under any of the coverage mentioned herein. The Contractor agrees to cooperate with the County in promptly releasing reasonable information periodically as to the disposition of any claims, including a résumé of claims experience relating to all Contractor operations at the County project site. The designated representative for the County shall be:
Name: County of Volusia, Florida
Human Resources/Risk Management Division
Address: 125 W. New York Avenue, Suite 141
DeLand, Florida 32720
Telephone: 386-736-5963
Fax: 386-822-5006
Project: —
The Project that is described in the Scope of Work or Scope of Services of this Solicitation.
Waiver of Claims —
Once the Agreement expires, or final payment has been requested and made, the awarded Contractor shall have no more than thirty (30) calendar days to present or file any claims against the County concerning the Agreement. After that period, the County will consider the Contractor to have waived any right to claims against the County concerning the Agreement.
Proposal: —
The document submitted by the Consultant in response to a formal solicitation used to determine if the Consultant is highly qualified. Can be used interchangeable with Response.
Compliance with Laws and Regulations —
The Contractor shall be responsible to know and to apply all applicable federal and state laws, all local laws, ordinances, rules, regulations (including but not limited to the following statutes: Americans with Disabilities Act (ADA),Titles I, II and III of the ADA; Federal Immigration Reform and Control Act of 1986 (as amended); and Title VII of the Civil Rights Act of 1964 (as amended), and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the Work, or which in any way affect the conduct of the Work. Contractor shall observe and comply with all such laws, ordinances, rules, regulations, orders, and decrees for all Work or Services performed under the Agreement. The Contractor shall indemnify, defend and hold harmless the County and all its officers, agents, servants, or employees against any liability or claim made against the County arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by Contractor, its representatives, Subcontractors, professional associates, agents, servants, or employees.
Pursuant to Section 287.05701, Florida Statutes, vendors are hereby notified that:
- The County shall not request documentation of or consider a vendors social, political or ideological interests when determining if the vendor is a responsible vendor: and
- The County may not give preference to a vendor based on the vendors social, political or ideological interests.
Proposer: —
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a proposal for the purpose of obtaining a Contract with the County for the provision of the services requested in the Solicitation. Can be used interchangeably with Bidder and Respondent.
For Internet/Web Services —
For the purposes of this paragraph, any Services or products offered to public via the internet or online must comply with WCAG 2.1 AA in order to be deemed ADA compliant. The County will provide Contractor with prompt written notice with respect to any ADA deficiencies of which the County is aware and Contractor will promptly correct such deficiencies. If the County, the Department of Justice or other governmental entity tasked with the enforcement of the ADA (“Enforcement Agency”) notes any deficiency in the facilities, practices, services, or operations of the Contractor furnished or provided in connection with this Agreement, Contractor shall, at no additional charge or cost to the County, immediately cure any such deficiencies without delay to the satisfaction of such Enforcement Agency. Contractor further agrees that it shall, to the extent permitted by law, indemnify, defend, and hold harmless the County against any and all claims, sanctions, or penalties assessed against the County, which claims, sanctions, or penalties arise or otherwise result from Contractor’s failure to comply with the ADA or WCAG 2.1 AA, for online or internet Services or products.
Protest: —
See process at www.volusia.org/purchasing.
Scrutinized Companies-FL Statute Section 287.135 and 215.473 —
Contractormust certify that the company is not participating in a boycott of Israel. For Contracts for goods or services of one million dollars or more, Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has not been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law. The County will not contract for the provision of goods or services with (i) any company participating in a boycott of Israel, and, (ii) for Contracts for goods or services of one million dollars or more, any other scrutinized company as described above. Contractor must submit certification. Submitting a false certification shall be deemed a material breach of contract. The County shall provide notice, in writing, to the Contractor of the County's determination concerning the false certification. The Contractor shall have five (5) Calendar Days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the County's determination of false certification was made in error then the County shall have the right to terminate the Contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
Purchase Order: —
The County’s written document to the Contractor formalizing the proposed transaction, such as a description of item(s)/services, delivery location, payment terms, invoice address and transportation. If there are any conflicts between the Purchase Order and the awarded Solicitation, the terms of the Solicitation shall prevail.
Human Trafficking Attestation Pursuant to Section 787.06, Florida Statutes —
A duly authorized officer or representative of the Respondent (non-governmental entity) shall complete the included Volusia Human Trafficking Attestation Form in compliance with Section 787.06(14), Florida Statutes, (2025).
Recipient: —
The County of Volusia as the recipient of Florida Department of Transportation (FDOT) grant funds for the Project described in the Contract Documents. [If applicable]
Drug-Free and Smoke-Free Workplace —
The County of Volusia is a drug-free and smoke-free workplace. Contractor agrees that its personnel and the personnel of each of its Subcontractors shall adhere to the County’s policies on drug-free and smoke-free work place during the term of this Contract while at a County job location.
Request for Information: —
A written submission by Contractor to the County requesting clarification or instruction with respect to the Contract Documents or means and methods related to the Work.
Modifications Due to Public Welfare or Change in Law —
The County shall have the power to make changes in the Agreement as the result of changes in law and/or ordinances of Volusia County to impose new rules and regulations on the Contractor under the Agreement relative to the scope and methods of providing services as shall, from time to time, be necessary and desirable for the public welfare. The County shall give the Contractor notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. In the event any future change in federal, state or county law or the ordinances of Volusia County materially alters the obligations of the Contractor, or the benefits to the County, then the Agreement shall be amended consistent therewith. Should these amendments materially alter the obligations of the Contractor, then the Contractor or the County shall be entitled to an adjustment in the rates and charges established under the Agreement. Nothing contained in the Agreement shall require any party to perform any act or function contrary to law. The County and Contractor agree to enter into good faith negotiations regarding modifications to the Agreement, which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the Agreement, the County and the Contractor shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the Contractor directly and demonstrably due to any modification in the Agreement under this clause.
Resident Project Representative: —
An employee of the County or an authorized representative of the CEI or A/E who is assigned to the Project and is responsible for overseeing that the Work is constructed in accordance with the requirements of the drawings and specifications.
Right to Require Performance —
1. The failure of the County or Contractor at any time to require performance by the other of any provision hereof shall in no way affect the right of the County or Contractor thereafter to enforce same, nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.
2. In the event of failure of the Contractor to deliver services in accordance with the Agreement terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have.
Respondent: —
That person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that submits a proposal for the purpose of obtaining a Contract with the County for the provision of the services requested in the Solicitation. Can be used interchangeable with Bidder and Proposer.
Respondent’s Project Manager: —
The Project Manager has responsibility for administering this Contract for the Respondent and will be designated prior to execution of the Contract.
Force Majeure —
Neither party shall be liable for any failure or delay in the performance of its obligations under the Agreement to the extent such failure or delay necessarily results from the occurrence of a Force Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited to, compliance with any unanticipated government law or regulation not otherwise in effect at the time of execution of this Agreement, acts of God, acts of domestic or international terrorism, any virus, bacterium, or other microorganism capable of inducing physical distress, illness, or disease, whether due to a pandemic or otherwise, unforeseeable governmental acts or omissions, fires, strikes, natural disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever beyond the reasonable control of the parties (and such cause being referred to as a “Force Majeure Event”). Accordingly, the parties further agree that:
1. Upon the occurrence of Force Majeure Event, the non-performing party shall be excused from any further performance of those obligations under this Agreement that are affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and (b) the non-performing party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.
2. Upon the occurrence of a Force Majeure Event, the non-performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the party’s performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other party within three (3) business days following the failure or delay caused by the Force Majeure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing party from providing notice within such time period.
3. In the event of a Force Majeure Event, the time for performance by the parties under the applicable Scope of Work shall be extended for a period of time equal to the time lost by reason of such cause through execution of a Modification order pursuant to the terms of the Agreement.
Response: —
A Contractor’s offer to the County in response to an invitation to the Solicitation issued by a purchasing authority. Used interchangeable with Bid or Proposal.
Contractor's or Consultant's Personnel —
During the performance of the Agreement, the Contractor agrees to the following:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin, except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Contractor. The Contractor agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an Equal Opportunity Employer.
3. The Contractor shall be responsible for ensuring that its employees, agents, and Subcontractors comply with all applicable laws and regulations and meet federal, state, and local requirements related to their employment and position;
4. The Contractor certifies that it does not and will not during the performance of the Agreement employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. The Contractor shall be responsible for including this provision in all contracts with Subcontractors related to this Contract.;
5. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section;
6. The Contractorshall include the provisions of the foregoing paragraphs A, B, C, D, and E, above, in every subcontract or purchase order so that the provisions will be binding upon each Subcontractor;
7. The Contractor and any Subcontractor shall pay all employees working on this Agreement not less than minimum wage specified in the Fair Labor Standards Act (29 CFR 510-794) as amended;
8. Any information concerning the County, its products, services, personnel, policies, or any other aspect of its business learned by the Contractor or personnel furnished by the Contractor in the course of providing services pursuant to the Agreement and exempt from disclosure pursuant to Section 119.01, F.S., shall be held in confidence and shall not be disclosed by the Contractor or any employee or agents of the Contractor or personnel furnished by the Contractor, without the prior written consent of the County.
Scope of Services —
The Services described in Exhibit A and the Supplemental Scope of Services in Exhibit A.1, which are hereby agreed to by the parties, and which include Contractor’s responsibility for performing and complying with all incidental matters pertaining thereto.
County/Contractor/Consultant Relationship —
1. Any awarded Contractor shall provide the services required herein strictly under a contractual relationship with the County and is not, nor shall be, construed to be an agent or employee of the County. As an independent Contractor the awarded Contractor shall pay any and all applicable taxes required by law; shall comply with all pertinent federal, state, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The Contractor shall be responsible for all income tax, FICA, and any other withholdings from its employees' or Subcontractor’s wages or salaries. Benefits for same shall be the responsibility of the Contractor including, but not limited to, health and life insurance, mandatory Social Security, retirement, liability/risk coverage, and workers' and unemployment compensation.
2. The Contractor shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which Work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform.
3. The Contractor shall not be provided special space, facilities, or equipment by the County to perform any of the duties required by the Agreement, nor shall the County pay for any business, travel, or training expenses or any other Agreement performance expenses not explicitly set forth in the specifications.
4. The Contractor, except as expressly set forth herein, shall not be exclusively bound to the County and may provide professional services to other private and public entities as long as it is not in direct conflict and does not provide a conflict of interest with the services to be performed for the County.
Scope of Work or Work: —
The construction and services required by the Contract Documents including all labor, materials, equipment and services incidental thereto, provided or to be provided by the Contractor to fulfill the Contractor’s obligation to achieve Final Completion of the Project.
Disqualification of Respondents —
1. One (1) Response: Only one (1) Response from an individual firm, partnership or corporation under the same or under a different name will be considered. If a Respondent submitted more than one (1) Response for the Work involved, all Responses submitted from such Respondent will be rejected.
2. Collusion among Respondents: If it is believed that collusion exists among the Respondents, the Responses of all participants in such collusion shall be rejected and no participants in such collusion will be considered in future proposals for the same Work.
Debarment: Purpose and Intent —
The County endeavors to solicit offers from, award contracts to, and consent to subcontracts with responsible vendors, consultants, and contractors only. To further this policy, the County asserts its authority to debar certain vendors, consultants, and contractors from participating in solicitations pursuant to the policies and procedures herein. The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the County’s protection and not for purposes of punishment. Debarment is intended as a remedy in addition to, and not in substitution of, the evaluation of the responsibility of County vendors, consultants, and contractors, and this policy and the procedures provided for herein shall not supplant or supersede County’s authority to reject or otherwise terminate vendors, consultants, or contractors based on findings of non-responsibility on a case-by-case basis. Further information regarding the County’s policies and procedures in regards to debarment may be found at:
https://www.volusia.org/core/fileparse.php/5896/urlt/Debarment-Policy-final-3-27-17.pdf
Services: —
Any and all Services, obligations, Work, duties and responsibilities: necessary to the successful completion of the Scope of Services; that reasonably relate to the Scope of Services; are undertaken or should be undertaken to effectuate the Scope of Services; or that are assigned to Contractor under the Agreement. “Services” includes the furnishing of all labor, materials, equipment, and other incidentals related to the Services.
For purposes of this Solicitation and evaluation of responses hereto the following shall apply: —
Unit prices shall prevail over extended prices; written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Shop Drawings: —
All diagrams, illustrations, brochures, schedules, and/or other data which are prepared by Contractor, a Subcontractor, manufacturer, supplier, distributor, or other person on behalf of the Contractor, and which illustrate the equipment, material, or some portion of the Work.
For purposes of this CCNA Solicitation and evaluation of responses hereto the following shall apply: —
Written matter shall prevail over typed matter; numbers spelled in word form shall prevail over Arabic numerals (“one” over “1”). When not inconsistent with context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Solicitation: —
This document used to obtain bids or proposals for the purpose of entering into a Contract for certain goods and/or services from the Respondent.

Dispute Resolution —

Good Faith Efforts to Resolve. The parties to this Agreement shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to this Agreement in accordance with the provisions set forth in this Section. The Contractor and County Project Manager shall use reasonable efforts to arrange personal meetings and/or telephone conferences as needed, at mutually convenient times and places, to address and work toward resolution of issues that arise in performance of this Agreement and any applicable Scope of Work or Services. Issues shall be escalated to successive management levels as needed.
Informal Dispute Resolution. If a dispute develops between the parties concerning any provision of this Agreement, or the interpretation thereof, or any conduct by the other party under this Agreement, and the parties are unable to resolve such dispute within five (5) business days or longer, that party, known as the invoking party, through its applicable project manager, shall promptly bring the disputed matter to the attention of the non-invoking party’s project manager or designated representative, as the case may be, of the other party in writing (“Dispute Notice”) in order to resolve such dispute.
Discovery and Negotiation / Recommended Procedures. Upon issuance of a dispute notice, the project managers or designated representative shall furnish to each other all non-privileged information with respect to the dispute believed by them to be appropriate and germane. The project managers shall negotiate in an effort to resolve the dispute without the necessity of any formal proceeding. If such dispute is not resolved by the project managers or designated representative within five (5) County work days of issuance of the dispute notice, or such other time as may be mutually allowed by the project managers as being necessary given the scope and complexity of the dispute, the project managers may, depending upon the nature, scope, and severity of the dispute, escalate the dispute as indicated in Figure 1 below.
Formal Dispute Resolution. At any point after issuance of a dispute notice under this section, either party may request and initiate formal non-binding mediation before a single mediator, which mediation shall be completed within thirty (30) days of initiation or such longer time as may be agreed upon by both parties as being necessary for the mutual selection of a mediator and scheduling of such mediation. Any such mediation shall be convened and conducted in accordance with the rules of practice and procedure adopted by the Supreme Court of Florida for court-ordered mediation, Rule 1.700 et seq. of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains unresolved after conducting such mediation, then either party may proceed to finalize any pending termination remedies and commence litigation in a court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees for mediation or arbitration of an issue arising under this Agreement.
Right to Terminate Reserved. Regardless of the dispute resolution procedures provided for in this Section, Dispute Resolution, nothing herein shall affect, delay, or otherwise preclude a party from terminating this Agreement in accordance with the provisions of Special Terms and Conditions, Termination, it being understood that these dispute resolution procedures are intended as a means of resolving disputes both during the term of this Agreement and after termination or expiration thereof.

Figure 1:

County Work Days	Contractor's Representative	County Representative
10	Contractor's Project Manager	County's Project Manager
10	Contractor's Sr. Vice President of Sales	Director of Purchasing and Contracts
20	Contractor's COO or President	Deputy County Manager

State: —
State of Florida.
Authorized Signatory —
Respondent acknowledges that the name and title of the signatory (the “Authorized Signatory”), as completed, is authorized to execute contracts/agreements with the County of Volusia, and that submitting a Response via the County's eProcurement Portal shall be the act of and attributable to the Authorized Signatory to bind the company. By submitting this Response electronically, the Authorized Signatory does thereby adopt the electronic or conformed submittal as authorized firm commitment and for use as an official record by the County of Volusia.
Subcontractor: —
A person other than a materialman or laborer who enters into a contract with the Contractor for the performance of any part of the Work. Unless expressly stated otherwise, reference to a "Subcontractor” or “subcontractor” shall have the same meaning and shall include sub-subcontractor’s and lower tier contractors as well.
Subcontractor: —
A person other than a materialman or laborer who enters into a contract with a Contractor for the performance of any part of the Contract Documents.
Acknowledgement of Solicitation Tabulation —
All responses accepted by the County of Volusia are subject to the County's terms and conditions. Any and all additional terms and conditions submitted by Respondent(s) are rejected and shall have no force and effect. Responses from the Respondent(s) listed on the tabulation are the only Responses received timely as of the closing date and time. All other Responses submitted in response to the solicitation, if any, are rejected as late.
Substantial Completion: —
The date upon which the progress of the Work is sufficiently complete in accordance with the construction Contract Documents so that the County may use, occupy, or utilize the Work for its intended purpose, as certified by the County.
Superintendent: —
The Contractor’s authorized executive representative(s) responsible for the job site and progress of the Work at all times.
Surety: —
The entity that has undertaken the duty of obligor on the Payment & Performance Bond provided by the Contractor in accordance with the Contract Documents and §255.05 Florida Statutes.
Task Assignment: —
Specific, detailed services or work placed against an awarded and established continuing services Contract memorialized as an Amendment to this Contract by the parties prior to the commencement of such Work or Services by the Consultant.
Turnkey Solution: —
A complete solution that is supplied, installed, or purchased in a condition ready for immediate use, occupation, or operation within a specified time frame.
Warranty: —
The guarantee or assurances as set forth in the Agreement including any guarantees required by state law or regulation.
Work or Scope of Work —
The construction and services required by the Contract Documents including all labor, materials, equipment and services incidental thereto, provided or to be provided by the Contractor to fulfill the Contractor’s obligation to achieve Final Completion of the Project.

Submission Requirements

Acknowledgements
Acknowledgment (required) —
By checking yes, the Respondent acknowledges the following:
- Information provided in the response is true and correct and that the submission of a response is final.
- The Respondent agrees to all terms and conditions contained in this solicitation and related exhibits, including construction drawings, technical specifications, and permits, if applicable. (By checking yes, vendor agrees to the attached County of Volusia Purchase Order (PO) or Master Agreement (MA) Terms and Conditions, if included with this solicitation.)
- Respondent further agrees and acknowledges that no proprietary or confidential information has been submitted. By submitting this proposal or entering into this contract, Contractor/Respondent acknowledges that all documents submitted are public records and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services or delivery of products provided under this proposal or Contract are public records subject to the public records disclosure requirements of Florida Statutes sec. 119 et seq., and Article I, section 24 of the Florida Constitution.
- Responses may be withdrawn by the Respondent prior to the closing/offer date. Following the closing date, Respondent understands that a response may not be withdrawn.
Scope of Services Acknowledgement (required) —
By checking yes, vendor acknowledges the above and/or included Scope of Services and will furnish said product and/or services according to the specifications or scope of services detailed within this Solicitation if awarded.
Document Upload Format Acknowledgement (required) —
By checking yes, the Respondent acknowledges that all uploaded documents are in one of the following formats:
- Microsoft Word
- Microsoft Excel
- Adobe PDF
Any other format is not compatible with OpenGov and may render your response unreadable.
Sample Contract/Agreement Receipt. (required) —
By checking yes, the Respondent acknowledges that the Respondent has received and reviewed the sample contract/agreement attached in the Attachments/Exhibits Section.
By checking yes, the Respondent agrees to comply with the Federal Transit Administration Regulations as described in this section. (required) —
Compliance with Federal Transit Administration Regulations
COMPLIANCE WITH REGULATIONS: Contractor(s) must be in compliance with applicable Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement.
Contractor(s) shall provide all requested information for State and Federal Reporting requirements in a timely manner. These documents can be found on the Internet at:
- https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-master-agreement-fiscal-year-2020
By checking yes, the vendor agrees to comply with the E-Verify requirements as described in this section. (required) —
The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor on or after the effective date of this Agreement and thereafter during the remaining term of the Agreement, including Subcontractor. Any subcontract entered into by Contractor with any Subcontractor performing Work under this Contract shall include the following language: “The Subcontractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor on or after the effective date of this Agreement and thereafter during the remaining term of the Agreement.” The Contractor covenants and agrees that if it is found in violation of this section or the Executive Order, such violation shall be a material breach of this Agreement and Contractor shall indemnify, defend and hold harmless the County from any fines or penalties levied by a government agency, including the loss or repayment of grant funds by the County.
Complete and upload the Federal Contract Provisions. (required) —
Compliance with FEMA 2 CFR 200.318-326 and Appendix II Contract Provisions.
This Agreement and the products/services provided may be utilized in the event of declared State/Federal Emergency, and Contractor shall comply with the applicable sections of the Federal Contract Provisions attached.
Please download the attached document, complete, and upload.
Registration on SAM.gov (required) —
For any federally funded project, Respondent agrees to register on SAM.gov if awarded a contract under this solicitation.
Insurance Acknowledgement (required) —
By checking yes, Respondent agrees to the insurance requirements as detailed in the Required Types and Limits of Insurance Chart and the Required Types of Insurance; Insurance Requirements; and Proof of Insurance sub-sections in "General Terms and Conditions".
Drug-Free Workplace (required) —
By selecting "Yes", Respondent hereby acknowledges it has implemented the requirements of Florida statute 287.087 and is in compliance with the requirements of a drug-free workplace program.
Name and Title of Authorized Agent of the Respondent (required) —
Respondent acknowledges that the name and title of the signatory (the “Authorized Signatory”), as completed below, is authorized to execute contracts/agreements with the County of Volusia, and any affixed electronic or conformed signature of the Authorized Signatory shall be the act of and attributable to the Authorized Signatory and the Respondent. By signing this Agreement electronically, the Authorized Signatory does thereby adopt the electronic or conformed signature as his or her own and designates a copy of same for use as an official record by the County of Volusia.
If the below-named individual is not an authorized agent of the firm, as listed with the Florida Division of Corporations (Sunbiz), a Memorandum of Authority shall be uploaded giving that individual authorization to commit the firm to a contract.
Please provide the Complete Name and Title which shall indicate acknowledgment.
Conflict of Interest (required) —
The award of this Solicitation is subject to Chapter 112, Florida Statutes. All respondents must disclose with their response the name of any officer, director, or agent who is also an employee of the County of Volusia. Further, all respondents must disclose the name of any County of Volusia employee who owns, directly or indirectly, an interest of the Respondent's/Supplier's firm or any of its subsidiaries associated with this project. I certify that this proposal 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.
Respondent shall select 'No' if a conflict of interest as defined in this question does NOT exist. Please select 'Yes' if a conflict of interest as defined in this question DOES exist and shall be further described in the explanation below.
Enter explanation of the conflict of interest indicated above. (required) —
If the response to the above question is "Yes", enter an explanation of the conflict. If the response to the above question is "No", enter N/A.
Do you or any owner(s), principal(s), or officer(s) of your firm currently serve on any Volusia County board(s) or committee(s)? (required)
If you indicated YES to Volusia County board/committee question above. —
Please list the individual's full name(s) and the board(s) and/or committee(s) on which they serve.
Revisions, Addenda, Questions & Answers (required) —
All answers to questions of substance will be publicly published using the Question & Answer feature.
Participants are required to review all revisions and answers to questions published. Revisions within the Solicitation as well as responses posted through the 'Question & Answer' feature are authoritative and shall be considered an addendum to the Solicitation. All information in this Solicitation, including information provided through the 'Question & Answer' feature are incorporated into the Solicitation or any Contract resulting from this Solicitation.
By selecting YES below, participants are confirming 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 the response to this solicitation. Selecting YES will serve as confirmation of acknowledgement.
Sales Tax Exemption Certificate Document —
Please acknowledge receipt of Sales Tax Exemption Certificate Document in the next section.
Sales Tax Exemption Procedures (required) —
Proposer acknowledges and agrees with the Sales Tax Exemption Procedure document, included in the previous Section.
Bid Bond —
A Bid Bond in the amount of five percent (5%) of the total bid price dollars, payable to the County of Volusia, is required for this Solicitation. The Bid bond can be in the form of a bond, cashier’s check or irrevocable letter of credit (ILOC). The bond shall be issued by an agency authorized to do business in the State of Florida and with a rating of "A" or higher as listed in the A.M. Best & Company latest published rating guide. The County provided form shall be used if the bond is issued. The bond, cashier’s check or ILOC shall not expire until the Agreement is awarded and shall guarantee that
- (1) a Proposer shall not withdraw its Response after the closing time and date of this Solicitation, or
- (2) the awarded Proposer shall promptly execute an Agreement and deliver any required specifications required by the County prior to start-up of the Agreement.
The bond, cashier’s check or ILOC will be invoked by the County to ensure payment of the Proposer of damages incurred by withdrawal of a Response, or failure to enter into an Agreement after award. Submittal bonds, without interest, will be returned upon receipt of appropriate insurance documents and/or a Performance Bond, if applicable.
By checking yes, the Respondent agrees to comply with the Bid bond requirements as described in this section above. (required)
Bid Bond Form (required) —
Please download the below documents, complete, and upload.
Payment and Performance Bonds —
Contractor shall furnish Payment and Performance Bonds, prior to performing any Work under the Agreement in an amount equal to the total value of the project including any amendments or Modification Orders made thereto pursuant to the Order or other documentation executed by the parties, in strict accordance with Fla. Stat. §255.05. Failing to do so, shall constitute a material breach of this Agreement. The Bonds shall be secured from or countersigned by an agency or Surety company recognized in good standing and authorized to do business in the State of Florida.
Simultaneously with the delivery of the executed Agreement to the County, a Proposer to whom an Agreement has been awarded must deliver to the County, executed, separate Payment and Performance Bonds on the prescribed forms, each in an amount of one hundred percent (100%) of the Agreement price of the accepted Proposal as security for the faithful performance of this Agreement and for the payment of all persons performing labor or furnishing materials in connection therewith. The Payment and Performance Bonds shall have as the Surety thereon only such Surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of Florida and with a resident agent in Florida. The Attorney-in-Fact or other officer who signs Payment and Performance Bonds for a Surety company must record with such bonds a certified copy of his Power-of Attorney authorizing him/her to do so.
By checking yes, the vendor agrees to comply with the Payment and Performance bond requirements as described in this section. (required)
Payment and Performance Bond Form —
Please download the attached document for review. Upon award, Contractor shall be prepared to submit bond(s) as required in the Solicitation Terms and Conditions.
Liquidated Damages
Liquidated Damages (required) —
By checking yes, the vendor acknowledges and agrees to the stated liquidated damages: one thousand six hundred ninety-nine dollers ($1,699) per day.
Public Entity Crime
Public Entity Crime Acknowledgement (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 (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 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 selecting 'Yes', the Respondent represents and warrants 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 Respondent represents and warrants that Respondent, Respondent’s subcontractors and Respondent’s implementer, if any, is not under investigation for violation of such statutes.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Acknowledgment Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (required) —
By selecting 'Yes' below, the Respondent certifies to the best of its knowledge and belief, that the firm and any subcontractor/supplier in accordance with a response to this solicitation:
- are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency
- have not within a three-year period preceding this bid proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
- are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in the previous paragraph of this certification.
- have not within a three (3) year period preceding this bid proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
Enter explanation of the 'No' response to the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. (required)
Scrutinized Companies Certification —
Per State of Florida Statute s. 287.135(5) Suppliers (companies) must acknowledge and agree to the 'Certification Regarding Prohibition Against Contracting with Scrutinized Companies' paragraph listed below. Respondents shall agree by marking the option below. Respondents 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 County 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 selecting 'Yes', the respondent acknowledges and agrees to the 'Certification Regarding Prohibition Against Contracting with Scrutinized Companies.' (required)
Forms/Documentation
Submittal Form (required) —
Please download the below documents, complete, and upload.
Memorandum of Authority —
If the Authorized Signatory identified in the Section (Name and Title of Authorized Agent of the Respondent) above is not an authorized agent of the firm, as listed with the Florida Division of Corporations (Sunbiz), a memorandum of authority, signed by an authorized agent, shall be uploaded in this section giving that individual (Authorized Signatory) the authority to commit the firm to a contract.
Acknowledgement of Pricing Submission. (required) —
Respondent acknowledges that pricing has been completed as requested and does not exceed the County's quotation cap of $50,000.
W-9 (required) —
Please attach current W-9 Form.
Proof of Insurance (required) —
Please provide Proof of Insurance - evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct solicitation and/or project number and Volusia County contact person.
Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy with the response.
Hold Harmless Agreement —
Please download the below document, complete, and upload.
Only upload if applicable in accordance with Florida Law.
Professional Certification/Licenses (required) —
Respondent shall have a current State of Florida General Contractor's License at the time of its submittal. Respondent and their Subcontractor shall submit with their submittal, copies of their professional license.
Licenses shall remain current for the entire term of the Contract resulting from this solicitation.
Technology System Design and Installation Guidelines (required) —
By checking yes, vendor has reviewed and accepted the Division 27 - Technology Systems Design and Installation Guidelines.
Florida Department of State, Division of Corporations’ Detail by Entity Name Report (required) —
Florida Department of State, Division of Corporations’ Detail by Entity Name Report
Provide a Florida Department of State, Division of Corporations’ detail by entity name report for your firm, available at www.sunbiz.org. The Respondent shall be required, upon notification of recommendation of award, to register with the Florida Department of State Division of Corporations at www.sunbiz.org in order to provide services under the resulting Contract.
Prohibition Against Contingent Fees (required) —
Respondent shall properly complete, notarize and upload the attached disclosure statement certifying that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the respondent any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this contract.
Human Trafficking Attestation Pursuant to Section 787.06, Florida Statutes (required) —
A duly authorized officer or representative of the Respondent (non-governmental entity) shall complete the included Volusia Human Trafficking Attestation Form in compliance with Section 787.06(13), Florida Statutes, (2024).
Download the attached form, complete, and upload completed form.
Truth-in-Negotiation Certification (required) —
Respondent shall download, properly complete, and upload the attached form.
Upload Excel Prime/Sub Contractor Form (required) —
Please download the below document, complete, and upload. Even if your Firm is not going to be using Subcontractor.
Failure to complete and submit this form may deem your Firm non-responsive.
Required Construction Bid Forms (required) —
Please download the below documents, complete, and upload.
Construction Bid Price Sheet (required) —
Please download Bid Price Sheet, complete and upload.
Additional Information
Delivery and/or availability (required) —
Please provide your delivery and/or availability timeframe:
Do you accept electronic funds transfer (EFT)? (required)
If YES to EFT question above, provide percentage: (required) —
If you indicated YES to accepting Electronic Funds Transfer, what percentage discount will you offer when accepting payment via EFT?
Payment Terms (required) —
Will you offer a discount for payment terms less than the County's NET45? If so, please provide the % and day requirement for the discount. (Example: 5% for payment within 30 days)
Please submit your total number of employees. (required)
Are you a sole proprietor? (required) —
A sole proprietorship is a type of business where there is no legal distinction between the owner and the business entity. It is owned, managed, and controlled by a single owner.
Price Redetermination - Fuel (required) —
The following information is required in order to be considered for a future price redetermination for fuel.
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of fuel?
The total for all of the pricing redetermination percentages in these sections shall not exceed 100.
Complete percentage amount below:
Which fuel type does your firm use primarily: (required)
Price Redetermination - Wages (required) —
The following information is required in order to be considered for a future price redetermination for wages.
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of wages?
The total for all of the pricing redetermination percentages in these sections shall not exceed 100.
Complete percentage amount below:
Price Redetermination - Materials (required) —
The following information is required in order to be considered for a future price redetermination for materials.
Assuming that the prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances and other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of materials?
The total for all of the pricing redetermination percentages in these sections shall not exceed 100.
Complete percentage amount below:
References (required) —
Please download the below documents, complete, and upload.
Please fill out the attached form completely. The County will only contact the references listed on this form. Additional project information may be provided on separate sheets, however, that information will not be used for the evaluation of any response.
The information provided in this section, must be current and the County must be able to contact references for verification as part of the evaluation process. It is the firm’s responsibility to ensure E-mail addresses provided are current and accurate.
Unless specifically asked by the County, the County of Volusia shall not be listed as a reference. The respondent shall provide examples of similar projects which best illustrates the Contractor’s qualification for the scope of services.
Section 3 Requirements (required) —
By checking yes, Respondent agrees to comply with all Federal Labor Standards and Section 3 requirements.
Required Section 3 Form (required) —
Respondent shall complete Exhibit K (MWBE Information and Form) and page 3 of Exhibit L (Section 3 Information & Forms) and upload to this section.
Proposal Requirements (MODIFY FOR YOUR SOLICITATION)
Submittal Letter / Firm Profile (required) —
Submittal Letter signed by an authorized agent of the firm.
A brief profile of the firm, including:
1. A brief history of the business;
2. Organizational structure of business;
3. Designation of the legal entity by which the business operates (i.e., sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, etc.) including documentation from the appropriate state’s agency confirming firm’s legal entity type. For non-Florida businesses, submit documentation from the state in which the business was formed and documentation from the State of Florida providing authorization to perform business in the state of Florida;
4. A Florida Department of State, Division of Corporations’ Sunbiz report available at www.sunbiz.org; If firm is not currently registered to do business within the State of Florida (Sunbiz), proof of registration shall be submitted prior to award.
5. Ownership interests;
6. Active business venues - geographic location where you firm is currently conducting business (counties, states, etc.);
7. Present status and projected direction of business;
8. Respondent shall also list any lawsuits in which their team (firm & sub consultants) has been involved in relative to company contracts or other company business over the last five (5) years. The respondent shall also list any work their team failed to complete in accordance with any contract in the last five (5) years and describe details regarding the non-performance, including listing any officer or partner of their team who in the last five (5) years failed to complete a contract handled in his/her name.
Firm/Employee Qualifications (MODIFY FOR YOUR SOLICITATION) (required) —
Qualifications of the firm and the employees that will be assigned to the County.
Key personnel inclusive of resumes, licenses, business venues, etc. (this should be specific to your project)
Project Approach (MODIFY FOR YOUR SOLICITATION) (required) —
Overall project methodology/approach to support the needs and objectives of the project, including method for quality control.
Pricing Proposal (MODIFY FOR YOUR SOLICITATION) (required) —
Provide detailed itemized costs for services, software, implementation services, training, hardware, data conversion, third party software, and any additional or optional costs.
Additional Supporting Information (MODIFY FOR YOUR SOLICITATION) (required) —
All supporting information, reports, and screen formats that Respondent believes relevant to understanding its software shall be included and referenced. These could include but are not limited to:
System inputs and outputs – demonstrate what inputs and their formats are required. Also, give a sample of some of the key outputs (reports and screens) that the system can generate.
1. Capabilities and description of system logic – a discussion of proposed system logic and general capability of proposed system.
2. Ownership rights – the rights of purchaser of software shall be described. Topics such as "access to" code, understanding of logic, and format of files shall be addressed.
3. Access rights and control – system security regarding the rights of software access privileges and control of information by proposed module shall be described. Describe security dependencies on Windows Active Directory and/or other operating system or database software.
Contract_Number (required) —
Enter your contract number (C####)
Contractor-or-Consultant (required) —
Specify whether this Solicitation and resulting Contract will be awarded to a Contractor or a Consultant:
Subcontractor-or-Subconsultant (required) —
Specify whether this Solicitation and resulting Contract should refer to a Subcontractor or a Subconsultant:
Project_Number —
Enter your project number if applicable. (P####)
Project location (required) —
What is the address of the construction site?
Substantial_Completion (required) —
Enter number of days to substantial completion.
Final_Completion (required) —
Enter number of days to Final Completion
Estimated_Construction_Cost (required) —
Enter the estimated construction cost.
Pre-Solicitation meeting required? (required)
Submittal Bond (required) —
Is a submittal bond required for this project?
Will this Solicitation require a pricing section? (required)
Specify procurement type: (required)
Contractor termination days (required) —
Please enter the amount of written prior notice to County required for the Contractor to terminate the resulting agreement.
EXAMPLE:
ninety (90) days
one hundred twenty (120) days
one hundred eighty (180) days
For Reference your answer will populate the bold items:
Contractor may terminate this Agreement upon at least one hundred eighty (180) days prior written notice to County.

*Insert number of days according to the needs of your particular solicitation. Make sure the number of days are reasonable on both sides.
County termination days (required) —
Instructions: Adjust number of days according to the needs of your particular solicitation. Make sure the number of days are reasonable on both sides. Your answer will populate the bold text below: County may terminate this Agreement upon at least thirty (30) days prior written notice to Contractor.
Please type in the following format :
thirty (30) days sixty (60) days
Extension date (required) —
Enter a date to complete the blank below using thie following date format:
February 14, 2023

The County reserves the right to request an extension of the responses if a Contract has not been executed by _____________, 20__.
Valid through date (required) —
Your response will populate the blank field. Please complete your response date as in the following example:
February 14, 2023

Any response to this Solicitation shall be valid
through _____________, 20__.
Will Owner Direct Purchases apply to this solicitation? (required)
D.E.P. Permit Required? (required) —
D.E.P. Permit. Should a Florida Department of Environmental Protection Permit for Stormwater Discharge from Large and Small Construction Activities be required for this project.
Is SAM registration required for this project? (required)
Will Respondents need to provide Licenses and/or Certifications for this project? (required) —
Licenses and/or Certifications
Please attach copies of Licenses and/or Certifications as may be required per the specifications of this solicitation.
Is Marine/Vessel Pollution required? (required) —
Only include this section if Marine/Vessel Pollution is required in the Required Types and Limits of Insurance Chart.
Is Aerial Applicator Aviation Insurance required? (required) —
Only include this section if Aerial Applicator Aviation is required in the Required Types and Limits of Insurance Chart.
Is Protection & Indemnity required for this project? (required) —
Only include this section if Protection & Indemnity is required in the Required Types and Limits of Insurance Chart.
Is Computer Software and Services Errors and Omissions Liability required? (required) —
Only include this section if Computer Software and Services Errors and Omissions Liability is required in the Required Types and Limits of Insurance Chart.
Is Cyber Insurance Required? (required) —
Only include this section if Cyber Insurance is required in the Required Types and Limits of Insurance Chart.
Is Crime Insurance required for this project? (required) —
Only include this section if Crime Insurance Policy is required in the Required Types and Limits of Insurance Chart.
Is Pollution Liability Insurance required for this Project? (required) —
Only include this section if Pollution Liability is required in the Required Types and Limits of Insurance Chart.
Is Contractor's Pollution Liability required for this project? (required) —
Only include this section if Contractor’s Pollution is required in the Required Types and Limits of Insurance Chart.
Is Transportation Pollution Liability required for this project? (required) —
Only include this section if Transportation Pollution Liability is required in the Required Types and Limits of Insurance Chart.
Is Builder's Risk Insurance required for this project? (required) —
Only include this section if Builder’s Risk is required in the Required Types and Limits of Insurance Chart.
Is Builders Risk Insurance subject to additional premium (required)
Is Installation Floater Required for this project? (required) —
Only include this section if Installation Floater is required in the Required Types and Limits of Insurance Chart.
Is Professional Liability Insurance required for this project? (required) —
Only include this section if Professional Liability is required in the Required Types and Limits of Insurance Chart.
Is Motor Vehicle Liability required? (required) —
Only include this section if Automobile Liability is required in the Required Types and Limits of Insurance Chart.
Is Garage keepers Legal Liability insurance required? (required) —
Only include this section if Garage Liability is required in the Required Types and Limits of Insurance Chart.
Is Garage Liability insurance required? (required) —
Only include this section if Garage Liability is required in the Required Types and Limits of Insurance Chart.
Is Excess/Umbrella Liability Insurance required for this Project? (required) —
Select Yes if Excess/Umbrella Liability is required in the Required Types and Limits of Insurance Chart.
Commercial General Liability Policy (required) —
Will the commercial general liability policy be provided on a project or location specific basis for the location or project site where the work or services are to be performed under the Agreement?
Does this project include Navigable Water activities? (required)
Will the project require disposal of any hazardous or non-hazardous materials off the job site? (required) —
If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the Agreement.
Will Subcontractors and Independent Contractors Insurance apply? (required) —
All subcontractors & independent contractors utilized by Contractor to provide services to County and its employees under this Agreement/Contract shall be required to maintain all insurance policies with the same terms, conditions, and requirements required of the Contractor in the Required Types and Limits of Insurance Chart and described below in this Exhibit
This would not apply if the Contractor will be liable for the acts/actions of its subcontractors/subconsultants. When in Figure 1, otherwise consult with Risk Manager to determine if this clause should remain in the solicitation/contract.
Are Liquidated Damages applicable to this project? (required)
Amount of liquidated damages (if applicable) (required) —
Enter the amount of liquidated damages per day, using the following format:
EXAMPLE:
- Five Thousand Dollars ($5,000) per day
- One thousand Dollars ($1,000) per day
For Reference your answer will populate the boldwording below:
Enter N/A if this does not apply.
Time is of the essence for this project. Any delays from the dates contained in the Agreement issued to the Contractor shall
inconvenience the Public and result in monetary losses and damages to the County. The losses and damages shall be difficult to
determine. In the event that the deliverables are not provided by the date set in the resulting Agreement, there shall be deducted, as
agreed, fixed liquidated damages from the Agreement price being paid by the County of Volusia. This computed sum shall be: Five Thousand Dollars ($5,000.00) per day, including Saturdays and Sundays.
Are "Brand Name or Equals" allowed on this project? (required)
Do Federal Contract Provisions apply to this project? (required)
Do FTA regulations apply to this project? (required) —
Do Federal Transit Administration (FTA) regulations as indicated in the FTA Master Agreement and Best Practices Procurement applicable to this project?
Will this solicitation require Division 27 - Technology Systems Design and Installation Guidelines? (required)
Does local preference apply? (required)
Specify materials (required) —
Specify which material(s) may be considered for price redetermination.
EXAMPLE: Aluminum sheet and strip – PCU331315331315A
Your response will populate the bold wording below:
Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity “Aluminum sheet and strip – PCU331315331315A”, as published by the Bureau of Labor Statistics.

Enter N/A if this does not apply.
Wage redeterminations (required) —
If the county will consider wage redeterminations based on: "Trade, transportation, and utilities" skip this question.
OR
If the county will consider wage redeterminations based on something other than "Trade, transportation, and utilities" then enter the category(ies) here.

Enter N/A if this does not apply.
Contract renewals (required) —
Fill in the blank with length of the appropriate renewals.
Examples:
one (1) subsequent one (1) year renewal
two (2) subsequent one (1) year renewals
three (3) subsequent one (1) year renewals
four (4) subsequent one (1) year renewals
No renewals
Initial contract term (required) —
Fill in the blank with length of the initial contract term.
Examples:
one (1) year
two (2) year
three (3) year
until project completion

CDBG-DR Holly Hill Chemical Tank Replacements Construction

Opportunity details

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