B2511Final.pdf

Sludge Handling Services

NO. B-25-11

City of DeLand 120 S. Florida Ave DeLand, FL 32720

(386) 626-7000

SUBMIT TO:

CITY OF DeLAND Corey McMillen – Purchasing Manager

120 SOUTH FLORIDA AVENUE

DeLAND, FLORIDA 32720

INVITATION TO BID

AN EQUAL

OPPORTUNITY

EMPLOYER

CONTACT PERSON:

Corey McMillen

PHONE:

386-626-7078 BID # B-25-11

SUBMITTALS RECEIVED AFTER SPECIFIED DATE

AND TIME WILL NOT BE CONSIDERED

BID TITLE: Sludge Handling Services

SUBMITTAL DEADLINE

July 22, 2025 @ 2:00 P.M.

PRE-BID DATE, TIME AND LOCATION: N/A

BID BOND REQUIRED: $10,000

RESPONDENT NAME: FEDERAL ID # OR SOCIAL SECURITY #:

MAILING ADDRESS: TELEPHONE #:

CITY – STATE – ZIP: FAX #:

X

EMAIL:

AUTHORIZED SIGNATURE Title

Printed Name Date

By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of DeLand all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodity(s) or services(s) purchased or acquired by the City of DeLand. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the bidder.

Sec. 25A.5-2. Local bid preference

(a) Applicability. This Section shall apply to all purchasing $25,000.00 and above which is accomplished by the City of DeLand pursuant to an invitation to bid.

(b) Preference. Where the lowest Bid is submitted by a vendor which is not a Local business, and a Bid is submitted by a Local business which is within five percent (5%) of the lowest Bid, then the Local business submitting the lowest Bid amongst all Local business submitting Bids, and the vendor submitting the lowest Bid, shall each have the opportunity to submit, within five (5) working days of the bid opening, a best and final Bid equal to or lower than the amount of the lowest Bid. The contract shall be awarded to the vendor submitting the lowest final Bid. In the case of a tie between a Local business and a vendor which is not a Local business, the contract shall be awarded to the Local business.

(c) Exemptions. Notwithstanding the provisions of subparagraph (b) above, this Section shall not apply to any of the following purchasing activities:

1. Purchasing funded, in whole or in part, by an entity prohibiting application of the preference provided by this section by grant agreement, contract or applicable federal, state, or local law;

2. Items purchased on state contracts, "piggybacked" contracts, sole source purchases, or other purchases which are not accomplished by competitive bids, in accordance with the City's Charter and Purchasing Guidelines;

3. Emergency purchasing.

(d) Certification. A vendor claiming to qualify as a Local business for purposes of this Section shall so certify in writing on a form prescribed by the City of DeLand's finance director as part of the request for bids process.

(e) Verification. Any vendor which has qualified as Local business as prescribed in this Section shall provide all documentation reasonably required by the finance director that demonstrates its status as a Local business prior to the time of purchase or recommendation of award of contract.

(f) Maintenance of status. A vendor granted a preference under this Section which results in the award of a contract may be required to stipulate to maintaining its status as Local businesses throughout the term of the contract.

(g) Job openings. A vendor which is granted a preference under this Section which results in the award of a contract shall be required to post job openings related to the contract with such agencies or organizations designated by the city manager.

(h) Compliance. Noncompliance with this section shall be deemed a material breach of any contract which resulted from a preference granted under this Section, and such breach shall be grounds for termination by the City of DeLand. The terms of this Section are deemed incorporated by reference in any contract resulting from a preference granted under this Section, regardless of whether such contract expressly so states.

GENERAL CONDITIONS AND INSTRUCTIONS

****PLEASE READ CAREFULLY****

1. SUBMISSION OF OFFERS: All offers shall be submitted in a sealed envelope or package. The invitation numbers, title, and opening date shall be clearly displayed on the outside of the sealed envelope or package. The delivery of responses to the receptionist located on the 2nd floor of City Hall prior to the specified date and time is solely and strictly the responsibility of the offeror.

Any submittal received after the specified date and time will not be considered.

Responses shall be submitted on forms provided by the City. Additional information may be attached to the submittal. Facsimile submissions are NOT acceptable. No offer may be modified after acceptance. No offer may be withdrawn after opening for a period of sixty (60) days unless otherwise specified.

2. EXECUTION OF OFFER: Offer shall contain a manual signature in the space(s) provided of a representative authorized to legally bind the offeror to the provisions therein. All spaces requesting information from the offeror shall be completed. Responses shall be typed or printed in ink. Use of erasable ink or pencil is not permitted. Any correction made by the offeror to any entry must be initialed.

3. OPENING: Opening shall be public at City Hall immediately following the advertised deadline date and time for receipt of submittals. Pursuant to Section 119.073(3)(0) Florida Statutes (1991) no further information regarding offers submitted will be made public until such time of intended award or thirty (30) days, whichever is earlier.

4. PUBLIC RECORD: The City of DeLand, Florida, is governed by the Public Record Law, Chapter 119, Florida Statutes. Pursuant to chapter 119 only trade secrets as defined in Section 812.081, Florida Statute shall be exempt from disclosure.

5. TABULATION: Anyone wishing to receive a copy of the tabulation of offers is required to enclose a stamped, self-addressed envelope with submittal, or include a written request to have the tabulation emailed to the email address listed above.

6. CLARIFICATION/CORRECTION OF ENTRY: The City of DeLand reserves the right to allow for the clarification of questionable entries and the correction of OBVIOUS MISTAKES.

7. INTERPRETATION/ADDENDA: Any questions concerning conditions and specifications shall be directed to the designated contact person. Those interpretations which may affect the eventual outcome of the invitation/offer shall be furnished in writing to prospective offerors.

No interpretation shall be considered binding unless provided in writing by the City of DeLand in the form of an addendum. Any addenda issued shall be acknowledged by signature and returned with offeror’s response.

Failure to acknowledge addenda may result in the offer not being considered.

8. INCURRED EXPENSES: This invitation does not commit the City to make an award nor shall the City be responsible for any cost or expense which may be incurred by any respondent in preparing and submitting a reply, or any cost or expense incurred by any respondent prior to the execution of a purchase order or contract agreement.

9. PRICING: Unless otherwise specified, prices offered shall remain firm for a period of at least sixty (60) days; all pricing of goods shall include FOB DESTINATION, all packing, handling, shipping charges and delivery to any point(s) within the City to a secure area of inside delivery; all prices of services shall include all expenses necessary to provide the service at the location specified.

10. ADDITIONAL TERMS & CONDITIONS: The City of DeLand reserves the right to reject offers containing terms or conditions contradictory to those requested in the invitation specifications.

11. TAXES: The City of DeLand is exempt from Federal Excise Taxes and all sales taxes. Florida State Exemption Certificate No. 85-8013842706C-2.

12. DISCOUNTS: All discounts, except those for prompt payment, shall be considered in determining the lowest net cost for evaluation purposes.

13. MEETS SPECIFICATIONS: The offeror represents that all offers to this invitation shall meet or exceed the minimum requirements specified.

14. SAMPLES: When required, samples of products shall be furnished with response to the City at no charge. Samples may be tested and will not be returned to the offeror. The result of any and all testing shall be made available upon written request.

15. 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.

16. GOVERNING LAWS: Any agreement to purchase resulting from this invitation shall be governed by the laws, regulations, and ordinances of the State of Florida and the City of DeLand, Florida. Venue shall be non-jury in the Circuit Court of Volusia County, Florida.

17. ASSIGNMENT: Any agreement to purchase issued pursuant to this invitation and award thereof and the monies which may become due hereunder are not assignable except with the prior written approval of the City.

18. CONTENT OF INVITATION/RESPONSE: The contents of this invitation, 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 herein shall supersede the requirements of the ‘GENERAL CONDITIONS AND

INSTRUCTIONS”.

19. LIABILITY: The supplier/provider shall hold and save the City of DeLand, its officers, agents, and employees harmless against claims by third parties resulting from breach of contract or negligence by the supplier/provider.

20. PATENTS, COPYRIGHT, AND ROYALTIES: The supplier/provider, without exception, shall indemnify and save harmless the City of DeLand, its officers, agents and employees, from liability of any nature or 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 City of DeLand. If the supplier/provider 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.

21. TRAINING: Unless otherwise specified, suppliers/providers may be required at the convenience of and at no expense to the City to provide training to City personnel in the operation and maintenance of any item purchased as a result of this invitation.

22. ACCEPTANCE: Products purchased as a result of this invitation may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at bidder’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 bidder.

23. SAFETY WARRANTY: Any awarded supplier/provider 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 hereof, 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.

24. WARRANTY: The offeror agrees that, unless otherwise specified, the product and/or service furnished as a result of this invitation and award thereto shall be covered by the most favorable commercial warranty the offeror 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 City of DeLand by any other provision of the invitation/offer.

25. AWARD: As the best interest of the City may require, the City reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof, on a geographical basis and/or on a Citywide basis with one or more supplier(s) or provider(s); to reject any and all offers or waive any irregularity or technicality in offers received. Offerors are cautioned to make no assumptions unless their offer has been evaluated as being responsive. Any or all award(s), made as a result of this invitation, shall conform to applicable ordinances of the City of DeLand, Florida.

26. VIOLATIONS: Any violation of any of the stipulations, terms, and/or conditions listed and/or included herein may result in the offeror/bidder being disqualified from doing business with the City for a period of time to be determined on a case-by-case basis.

27. OTHER AGENCIES: All Respondents awarded Contracts from this solicitation may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Contract under the same prices, terms, and conditions. It is understood that at no time will any city or 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 Respondent(s).

28. UNIT PRICING: For purposes of this Invitation and evaluation of responses hereto the following shall apply: unit prices shall prevail over extended prices;

written matter shall prevail over typed matters; 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.

29. INSURANCE: Vendor/Contractor shall defend, indemnify and hold harmless the City of DeLand from and against any and all liability, losses, damages, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions (including attorneys’ fees), of whatsoever kind or nature arising out of or in any way arising out of the agreement or any act or omission of Vendor/Contractor or its agents, servants, employees, independent contractors, customers, patrons or invitees, unless such claims are as a result of the City’s sole negligence.

The Vendor/Contractor shall secure and maintain, at its own expense at all times during the term of this contract, a comprehensive public liability insurance policy issued by a responsible insurance company, and in a form acceptable to the City, protecting and insuring against all of the following: claims, demands, damages, fees, fines, penalties, suits, proceedings, actions, and costs of actions, etc. coverage limits of not less than $1,000,000 for bodily injury to or death to one or more person(s), and $1,000,000 for damage to any property, or a combined single limit of $2,000,000 for any occurrence of bodily injury to persons or damage to property, which insurance shall be issued on the occurrence basis. This policy shall name the City of DeLand as additionally insured.

The Vendor/Contractor shall secure and maintain, at its own expense at all times during the term of this contract an automobile liability coverage policy with a minimum of a $1,000,000 combined single limit per occurrence.

The Vendor/Contractor shall secure and maintain, at its own expense at all times during the term of this contract, Worker’s Compensation and Employer’s Liability Insurance covering all the persons employed by the Vendor/Contractor in connection with this contract. Worker’s Compensation shall be the Statutory Limits.

The Vendor/Contractor shall not commence work under this contract until he has obtained all insurance required and submitted proof thereof to the City’s

Risk Manager for approval. Certificates shall provide for thirty (30) day cancellation notice to the City. Referenced Certificate to be mailed to Risk Manager, City of DeLand, 120 South Florida Avenue, DeLand, Florida, 32720- 5481.

The Vendor/Contractor shall either cover any sub-contractors on its policy or require the sub-contractors to conform to all requirement for insurance contained herein.Vendor/Contractor agrees that the City of DeLand will make no payments pursuant to the terms of the contract until all required proof or evidence of insurance has been provided to the City’s Risk Manager.

30. DEFINITIONS:

CITY – The term “City” herein refers to the City of DeLand, Florida, and its duly authorized representatives.

OFFEROR - The term “offeror” used herein refers to any dealer, manufacturer, representative, distributor, or business organization submitting an offer to the City in response to this invitation.

BIDDER – The term “bidder” used herein refers to any dealer, manufacturer, representative, distributor, or business organization that will be or has been awarded a contract and/or purchase order pursuant to the terms and conditions of the invitation and accepted offer.

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

32. PERMITS: Contractor shall be responsible for payment of all applicable permit fees.

33. PAYMENT: Payment will be made in accordance with Local Government Prompt Payment Act (Florida Statutes 218.70 – 218.80). A City of DeLand VISA Purchasing Card will be used to pay for services or goods you provide, unless you are not currently VISA capable. Ability to accept VISA will not be considered in determining “lowest and best responsive bidder”. If you are not currently VISA capable, invoices submitted by the first of the month will be paid with the regularly scheduled accounts payable run for that month unless stated otherwise.

34. PERFORMANCE BOND: Upon bid submission the bidder will be required to furnish and pay for a satisfactory contract 100% Performance and Payment Bond to be recorded by the vendor, with the Clerk of the Circuit Court, Volusia County, Florida, to enter into a contract for services with the City of DeLand.

The recorded document shall be returned to the City of DeLand, City Clerk’s Office, 120 South Florida Avenue, DeLand, FL, 32720

35. AVAILABILITY OF FUNDS: A contract shall be deemed executory only to the extent of appropriations available to each department for the purchase of such articles. The City’s extended obligation on these contracts, which envision extended funding through successive fiscal periods, shall be contingent upon actual appropriations for the following fiscal year.

36. E-VERIFY: In accordance with Florida State Law, Executive Order 11-116, any vendor or company that the City enters into contract with, or issues a purchase order, must utilize the E-Verify system.

THE CITY OF DELAND RESERVES THE RIGHT TO REJECT ANY

OR ALL OFFERS, TO WAIVE INFORMALITIES, AND TO ACCEPT

ALL OR ANY PART OF ANY OFFER AS MAY BE DEEMED TO BE IN

THE BEST INTEREST OF THE CITY.

CERTIFICATION AFFIDAVIT BY CONTRACTOR AS LOCAL BUSINESS

This form must be signed and sworn to in the presence of a notary public or other official authorized to administer oaths.

1. This sworn statement is submitted to the City of DeLand, Florida:

By: (Authorized Individual’s name and title)

For:

(Name of Company/Individual submitting sworn statement)

2. Local Preference Eligibility:

a. Vendor has been in business for a minimum of six (6) months prior to the date of bid. Yes or No?

b. Vendor has attached proof of local business in the form of a business tax receipt from a local jurisdiction per City of DeLand Local Preference ordinance. Yes or No?

3. Job Openings:

a. There will or there will not be job openings created by award of this contract; yes or no?

b. Job openings related to award of this bid shall be advertised with:

Center for Business Excellence 846 Saxon Boulevard Orange City, Florida 32763

(386) 323-7079 businessservices2@cbe-fve.org

c. Verification receipt of job posting must be provided to the Finance Director within ten (10) days after the job advertisement has been released:

City of DeLand Finance Director 120 South Florida Avenue DeLand, Florida 32720

I understand that the submission of this form to the City of DeLand, Florida, is valid through the end of term of the awarded contract. I also understand that failure to notify the City of DeLand of a change in address out of the local area may result in breach of contract.

(Signature)

STATE OF FLORIDA

COUNTY OF

Sworn to (or affirmed) and subscribed before me this _____day of ___________ , 20____, by ____________________________________________________ (name of person making statement)

(NOTARY SEAL) (Signature of Notary Public – State of Florida)

(Name of Notary Typed, Printed, or Stamped)

Personally Known____ OR Produced Identification______ Type of Identification Produced mailto:businessservices2@cbe-fve.org

SLUDGE HANDLING SERVICES

B-25-11

SPECIFICATIONS

1. PURPOSE

The purpose of this Invitation to Bid (ITB) is to solicit competitive sealed bids from qualified contractors to provide The City of DeLand (“the City”) with sludge handling services. The City will deliver Class B wastewater plant residuals in a dump truck to licensed/permitted facility lawfully operated by the contractor and dump those residuals in a location designated for handling/spreading by the contractor. Bid option would include all hauling of solids by contract bidder in addition to handling. The Wiley M. Nash Waste Water Treatment Plant, located at 1101 S. Amelia Avenue, DeLand is currently the only wastewater treatment plant the City operates. Any future wastewater treatment plants will be added to this contract under the same terms, conditions, and price.

2. PRICES & TERM

Bidders shall bid unit prices, F.O.B. destination, including all discounts in accordance with units and quantities indicated on the Price Sheet. The prices bid shall be used for payment and shall be deemed to include payment in full for all transportation, labor, and equipment used in delivering all supplies and materials to the point of delivery.

The terms of this agreement shall be effective August 16, 2025 through September 30, 2027. (or for two (2) years from the date of award). The agreement may be extended by mutual agreement, for three (3) additional one (1) year periods with the option to negotiate pricing, terms and conditions.

The City will notify the Contractor in writing ninety (90) days prior to the expiration of the agreement as to its intent to renew the agreement.

3. INQUIRIES

Questions shall be directed to the office of the Purchasing Manager, Corey McMillen at 386-626- 7078 or by email at mcmillenc@deland.org or Purchasing@deland.org. Any bid or specification changes will be communicated via addendum from the Purchasing Manager. Questions will be accepted until July 15, 2025 @ 5:00 P.M.

4. PRE-BID MEETING

N/A

5. SUBMITTAL REQUIREMENTS

The following documents, completed and signed wherever applicable, are required with each response:

Signed Bid Invitation Local Preference Affidavit (if applying) Signed Price Sheet Proposer’s Certification Bid Bond W-9 Form Non-Collusion Affidavit Conflict of Interest Affidavit Contractor Affidavit Regarding Scrutinized Company List Human Trafficking Affidavit Drug-Free Workplace Form Public Entity Crime Form Certificate as to Corporate Principal mailto:mcmillenc@deland.org mailto:Purchasing@deland.org

Reference Form

6. RECEIVING OF BIDS

Bids must be received by The City of DeLand Purchasing Coordinator, 120 S. Florida Ave., 2nd Floor, DeLand, FL 32720 no later than July 22, 2025 @ 2:00 P.M.

Bids shall be submitted with the “Original” clearly marked and an equivalent electronic PDF file on compact disc or USB flash drive. DO NOT MODIFY OR REISSUE THE PRICE SHEET; USE THE

PRICE SHEET FORM PROVIDED.

Note* Please ensure that if you use a third-party carrier (DHL Express, FedEx, UPS, USPS, etc.)

that they are properly instructed to deliver your bid only to Purchasing Services on the third (3rd) floor at the above address. Contractors are advised that U.S. Postal Service 1st Class and Express mail is delivered to a P.O. Box and is not delivered to the Purchasing Services Office. Delivery via the USPS is at the Contractor’s risk. To be considered, a bid must be accepted by the Purchasing Coordinator no later than the ITB closing date and time. If the bid is delivered anywhere else, it may not reach Purchasing Services in time.

Electronic submission is now available on VendorLink at www.myvendorlink.com.

E-VERIFY

In accordance with Florida State Law, Executive Order 11-116, any vendor or company that the City enters into contract with, or issues a purchase order, must utilize the E-Verify system. This documentation is required after award of bid from the awarded bidder(s), if not the City will not be able to enter into contract and will utilize the next lowest bidder who can provide the required E- Verify documentation.

ATTACHMENTS

Attachment A – Appendix A Attachment B – Draft Contract http://www.myvendorlink.com/

SLUDGE HANDLING & SPREADING SERVICES

SPECIFICATIONS

1. Estimated Quantities:

It is estimated that the Wiley M. Nash Waste Water Treatment Plant, located at 1101 S. Amelia Avenue, DeLand, produces an average 36 yards of Class B sludge cake per day. The plant is in Volusia County.

Sludge is produced on a 5-day per week basis.

The above referenced quantity is given only as approximate for preparing your bids and should not be construed as representing exact quantities to be handled under this contract.

2. Permits:

The successful bidder must provide proof of ownership or control of an approved dumping site or sites for all sludge not going to the Tomoka Landfill. The dumping site or sites must be of sufficient size to dispose of the City's estimated quantity of sludge and approved both by the County of Volusia and the Department of Environmental Protection with an approved agricultural use plan obtained by the contractor (See Appendix A).

3. Cash Escrow or Irrevocable Letter of Credit:

Either a cashier's check in the amount of $5,000 or an irrevocable letter of credit in the same amount shall be deposited with the City of DeLand at the time of application for a hauling and dumping permit.

No bidder shall be awarded this contract without this information on file at the time of award. The requirement for the City bond shall be waived if the bidder demonstrates that he has posted a similar bond with the County of Volusia in accordance with Article V, Wastewater Residual Management, County of Volusia Solid Waste Ordinance No. 91-37.

4. Volusia County Dumping Fees:

Any sludge spread or dumped within the County of Volusia, either at the landfill or on private property, shall be subject to a $100 permit fee per site and a dumping fee of $0.60 per 1,000 gallons of sludge.

Please note that 1,000 gallons is equivalent to 4.951 cubic yards. Hence, the equivalent surcharge is $0.12 per cubic yard. Proposers who intend to spread sludge outside of Volusia County shall issue a credit to the City equivalent to the Volusia County for load sludge spreading surcharge. Significant penalties for failure to pay such fees are provided for in Appendix A of this bid. The contractor shall be responsible for payment of any and all fees. Contractor may request additional compensation if Volusia County increases fees following award during the term of the contract. Compensation shall not exceed the increase in fee charged by Volusia County.

5. Volusia County Surcharge:

In the event that City sludge is spread outside Volusia County, a credit shall be made to the City equivalent to the Volusia County per load sludge spreading surcharge.

6. Alternate Dumping Fees:

Any sludge dumped in a county, other than Volusia County, shall be subject to the fees levied by the County into which the sludge is dumped if any apply. The contractor shall be responsible for payment of all fees and compliance with all regulatory mandates of local, state, and federal government now applicable or promulgated in the future.

7. Disposal Continuity:

The bidder shall provide a disposal site or sites suitable for dumping in all weather conditions on a 7 day a week basis (365 days a year).

8. Daily Sludge Volume:

The normal daily volume discharged is 36 cubic yards. There will be no restrictions or extra charge for dumping up to and including 54 cubic yards per day.

9. Equipment and Upkeep:

The successful bidder shall be responsible for the upkeep of his own equipment and provide services in a timely manner as required by the City of DeLand.

10. Demurrage:

This bid shall not have a demurrage (waiting) fee allotted.

11. Weight:

The City of DeLand takes no responsibility for overloaded or overweight vehicles when vendor trucks are used.

12. Cause for Rejection of a Bid:

Bids will not be accepted from any contractor who does not disclose all fines charged by the Florida Department of Environmental Protection, the County of Volusia, or other regulatory agencies within the last three years.

13. Route Distance

A requirement of this contract is for all spreading and/or alternate biosolids facility sites to be located within a total round-trip distance of not more than seventy miles from the Wiley M. Nash Wastewater Treatment Plant (and other City wastewater treatment plants). All proposers shall specify the sites upon which they propose to spread or treat the City’s sludge. Proposers shall include a map indicating all site locations and relation to major roadways so that the distance which the sludge must be hauled from the City can be accurately assessed by City staff. Distance shall be calculated via the most direct route yielding the shortest travel time available over paved roadways.

Should they so desire, bidders may submit an alternate proposal for handling/spreading sludge delivered by the contractor to sites having a round-trip haul distance of greater than 70 miles. Bid unit prices must be clearly labeled as alternate bids and all information required in Section 17 of Technical Specifications including a map indicating all site locations in relation to major highways must be provided.

The City may, at its sole option, consider alternate bid prices submitted for sites located more remotely than that indicated in the project specifications on the basis of overall cost to the City, taking into account additional labor, equipment and materials required to haul the sludge a longer distance.

Similarly, bidders may submit an alternate bid to use lime stabilization and an alternative form of sludge reuse or disposal as the primary method of meeting the City’s needs to dispose of approximately 1,000 cubic yards per month of grade 1 and grade 2 sludge in accordance with County Ordinance and FDEP Rules and Regulations. Bidders shall clearly label their unit price bid as an alternate and shall provide full details of the locations for sludge to be delivered, the details of the lime stabilization process, the method of disposal and other information necessary to evaluate the proposed alternative. The City may, at its sole discretion, consider an alternate bid for lime stabilization as the primary disposal method, taking into account costs for additional hauling, reliability and other factors

14. Local Experience

The successful bidder will have had at least five years-experience operating a sludge management business in Florida. The successful bidder will presently maintain a Central Florida office for full time supervision of the sludge management operator.

SLUDGE HANDLING & SPREADING SERVICES

PRICE SHEET

Price shall include all labor, materials, delivery/shipping, and equipment to perform all requirements and meet all specifications.

Item # Description Est. Yards/Month Bid Price

(per Cubic Yard)

Handling Sludge (delivered by from WM Nash Water Reclamation Facility)

1,000 $

Lime Stabilizing Sludge (delivered by City from WM Nash Water Reclamation Facility)

1,000 $

Hauling Sludge from W.M. Nash Water Reclamation Facility by contract vendor

1,000 $

Alternate Biosolid treatment (Attach all information on proposed process, location, fees and conditions if proposing on this item)

1,000 $

ADDENDUM ACKNOWLEDGMENT

Contractor acknowledges receipt of amendments by indicating amendment number and date of issue.

Add. No.________ Dated_______________ // Add. No.________ Dated_______________

Add. No.________ Dated_______________ // Add. No.________ Dated_______________

I hereby acknowledge that I have read, understand, and agree to all terms, conditions, insurance, scope of work, specifications and pricing for B-25-11 / Sludge Handling Services.

COMPANY NAME_______________________________________________________________

ADDRESS_____________________________________________________________________

AUTHORIZED SIGNATURE_______________________________________________________

PRINTED SIGNATURE_________________________________DATE_____________________

TELEPHONE #__________________________________FAX #__________________________

EMAIL________________________________________________________________________

PROPOSER'S CERTIFICATION

IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this

______ day of _____________________, 2025.

By:__________________________________ Signature of Individual

Printed Name of Individual

Witness

Business Address

City/State/Zip

Business Phone Number Fax Number

State of

County of ______________

The foregoing instrument was acknowledged before me this ________ day of _____________, 2025 by ________________________________________________, who is personally known to me or who has produced ___________________ as identification and who did (did not) take an oath.

WITNESS my hand and official seal.

NOTARY PUBLIC

(Name of Notary Public: Print, Stamp, or Type as Commissioned)

CITY OF DeLAND COMMISSIONERS

INDEMNIFICATION AND INSURANCE REQUIREMENTS

SLUDGE HANDLING SERVICES

B-25-11

INDEMNIFICATION

The City shall be held harmless against any and all claims for bodily injury, sickness, disease, death, personal injury, damage to property or loss of use of any property or assets resulting therefrom, arising out of or resulting from the performance of the products or from the services for which the City is contracting hereunder, provided such is caused in whole or in part by any negligent act or omission of the Contractor, or any subcontractor or any of their agents or employees, or arises from a job-related injury.

The Contractor agrees to indemnify the City and pay the cost of the City’s legal defenses, including fees of attorneys as may be selected by the City, for all claims described in the hold harmless clause herein. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City’s exclusive remedy.

It is agreed by the parties hereto that the Contractor has received specific consideration under this agreement for this hold harmless/indemnification provision.

INSURANCE REQUIREMENTS

The Contractor providing services under this agreement will be required to procure and maintain, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract, the following types of insurance. The policy limits required are to be considered minimum amounts:

General Liability Insurance policy with a $1,000,000 combined single limit for each occurrence to include the following coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering this contract, “X- C-U” hazards, and Errors & Omissions.

Auto Liability Insurance, which includes coverage for all owned, non-owned and rented vehicles with a $1,000,000 combined single limit for each occurrence.

Workers’ Compensation and Employers Liability Insurance Workers Compensation insurance providing statutory benefits as required in the State of Florida. The Contractor shall require any subcontractor to provide evidence of this coverage. Additionally, if the contract requires working on or around a navigable waterway, the Contractor and all subcontractors shall provide evidence of United States Longshoremen’s and Harbor Workers (USL&H) coverage and contingent coverage of Jones Act (Marine Employers Liability) in compliance with Federal statutes or proof of exemption.

The Contractor shall be responsible for compliance with these requirements by each subcontractor, Contractor or supplier when applicable.

In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance requirements, the Contractor shall also be protected by a Professional Liability Insurance Policy in the amount of $1,000,000 per claim.

In the event the contract involves services related to construction projects, the Contractor shall also procure and maintain a Builders Risk Insurance Policy or Installation Floater with loss limits equal to the value of the construction project.

In addition to the above, Specialty Insurance policies covering specific risks of loss (including but not limited to, for example;

Longshore coverage, Crane and Rigging, Inland Marine, etc.) may be required by City of DeLand Risk Management. Any additional specialty insurance coverage requirement will be dictated by the specific goods, products or services provided under the subject contract and insurance underwriting standards, practices, procedures or products available in the commercial insurance market at the time of the contract inception. The Contractor is required to procure and maintain all such specialty coverage in accordance with prudent business practices within the Contractors industry.

The awarded Contractor shall have five (5) days to provide certificates of insurance to the City demonstrating that the aforementioned insurance requirements have been met prior to the commencement of work under this contract. The certificate(s) of insurance (COI) shall indicate that the policies have been endorsed to cover the City as an additional insured (a waiver of subrogation in lieu of additional insured status on the workers’ compensation policy is acceptable) and that these policies may not be canceled or modified without thirty (30) days prior written notice to the City.

The insurance coverage enumerated above constitutes the minimum requirements and shall in no way lessen or limit the liability of the Contractor under the terms of the contract. Sub-Contractor’s insurance shall be the responsibility of the Contractor.

FORM OF BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, (CONTRACTOR)

(PRINCIPAL CONTRACTOR ADDRESS)

(PRINCIPAL CONTRACTOR ADDRESS 2)

(TELEPHONE NUMBER)

(hereinafter called the "Principal"), whose principal business address and telephone number is as stated above;

and

(SURETY)

(SURETY ADDRESS)

(SURETY ADDRESS 2)

(TELEPHONE NUMBER)

(AM BEST, NAIC, OR FEIN NUMBER)

(hereinafter called the "Surety"), whose principal address and telephone number is as stated above, a surety insurer chartered and existing under the laws of the State of ________________and authorized to do business in the State of Florida;

are held and firmly bound unto the City of DeLand Commissioners, (hereinafter called “Obligee”), in the penal sum of

______________________________________________ Dollars and no cents ($______________________), good and lawful money of the United States of America, for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of this Obligation is such, that, WHEREAS the Principal has submitted a bid to the Obligee on a contract for the construction of « Sludge Handling Services », Bid No. «B-25-11» in accordance with drawings and specifications, which contract is incorporated herein by reference and made a part hereof, and is referred to as the Contract.

NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the Bidding or Contract Documents with good, qualified and sufficient surety for the faithful performance of such construction for the prompt payment of labor and material furnished in the prosecution thereof, then this obligation shall be null and void; otherwise this bid is to remain in full force and effect for the payment to Obligee of the stated penal sum hereof.

IN WITNESS WHEREOF, we have hereunto set our signatures and seal this ______ day of __________________, 20____, all pursuant to due authorization.

______________________________________________ (Seal) Principal

By Surety

By As Attorney-in-Fact (Attach Power of Attorney)

STATE OF )

COUNTY OF ) S.S.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this ______ day of _____________, 20___, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

NAME OF NOTARY PUBLIC (PRINTED)

SIGNATURE OF NOTARY PUBLIC STATE

COMMISSION NUMBER

MY COMMISSION EXPIRES: _____________________________

(AFFIX SEAL or STAMP)

NON-COLLUSION AFFIDAVIT

State of _________________)

City of_________________)

________________________________________________ being first duly sworn, deposes and says that:

(1) He/she is the _________________, (Owner, Partner, Officer, Representative or Agent) of

______________________________ __, the Contractor that has submitted the attached Proposal;

(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

(3) Such Proposal is genuine and is not a collusive or sham Proposal;

(4) Neither the said Contractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Contractor, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Contractor, firm, or person to fix the price or prices in the attached Proposal or of any other Contractor, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Contractor, or to secure trough any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work;

(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Contractor or any other of its agents, representatives, owners, employees or parties in interest, including this affiant.

By:__________________________________

Signature of Individual

Printed Name of Individual

Title of Individual

Signed, sealed and delivered in the presence of:

Witness Witness

State of

County of ______________

The foregoing instrument was acknowledged before me this ________ day of _____________, 2025 by ________________________________________________, who is personally known to me or who has produced ___________________ as identification and who did (did not) take an oath.

WITNESS my hand and official seal.

NOTARY PUBLIC

(Name of Notary Public: Print, Stamp, or Type as Commissioned)

CONFLICT OF INTEREST AFFIDAVIT

By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed.

Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Finance Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration.

Company Address

Authorized Signature City, State, Zip Code

Printed Name & Title Telephone No.

Email Fax No.

State of ________________________ ) City of _____ _______________ )

SUBSCRIBED AND SWORN to before me this ____ day of ________________ , 20 , by

___________________________ , who is personally known to me to be the

____________________ for the Firm, OR who produced the following identification:

Notary Public

My Commission Expires:

CONTRACTOR AFFIDAVIT REGARDING SCRUTINIZED COMPANY LIST

Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S. If the Contract is for more than $1,000,000 the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S.

For Contracts of any amount, if the City determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the City shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the City may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the City determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the City shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the City may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met.

STATE OF FLORIDA

CITY OF __________________

BEFORE ME, the undersigned authority, personally appeared

____________________________________________, who, being by me first duly sworn, made the following statement:

1. The Business address of (name of bidder or

Contractor) is .

2. My relationship to ______________________________________(name of bidder or Contractor) is

(relationship such as sole proprietor, partner, president, vice president).

3. I understand that “Boycott of Israel” has the same meaning as defined in §215.4725, Florida Statutes, and means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered by the State Board of Administration to be evidence that a company is participating in a boycott of Israel. The term does not include restrictive trade practices or boycotts fostered or imposed by foreign countries against Israel.

4. I understand that “business operations” means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating…