Electronic_Message_Center_Replacement.pdf

BID DOCUMENTS

FOR

CITY OF SOUTH DAYTONA

Electronic Message Center Replacement

CITY OF SOUTH DAYTONA

1672 South Ridgewood Ave.

South Daytona, Florida 32119

Telephone: (386) 322-3014

Bid No. 26-RFP-011

Monday, August 10, 2026

Invitation To Bid (“ITB”) No. 26-RFP-011

Table of Contents

1. INVITATION TO BID

2. ITB LABEL

3. PURPOSE AND OVERVIEW

4. INSTRUCTIONS TO BIDDERS

5. SCOPE OF WORK / BID SPECIFICATIONS

6. STANDARD PURCHASE DEFINITIONS

7. GENERAL TERMS AND CONDITIONS

8. SPECIAL CONDITIONS

9. BID SUBMITTAL CHECKLIST

10. PRICING PROPOSAL

11. BID FORM

12. ATTACHMENTS

Attachments:

A - STANDARD AGREEMENT FOR SERVICES

E - Permit for Original Sign at City Hall

G - BID FORM 8B_ Bid Form

H - BID FORM 8C_Drug-Free Preference Statement

I - BID FORM 8D_Public Entity Crimes Statement

J - BID FORM 8E_Anti-Collusion Statement

K - BID FORM 8F_Statement of Vendor Qualifications

L - BID FORM 8G_Professional References for Previous Experience

M - BID FORM 8H_Listing of Subcontractors

N - BID FORM 8I_Bid Bond

SECTION 1: INVITATION TO BID

SECTION 2: ITB LABEL

FOR PAPER SUBMISSIONS

For your convenience, below is a label to affix to the outside of your sealed bid envelope/package to identify it as a “Sealed Bid.” Be sure to include the name of the company submitting the bid where requested.

SEALED BID **DO NOT OPEN**

Sealed Bid Number: BID NO. 26-RFP-011

Project Title: Electronic Message Center Replacement

Due Date / Time: Wednesday, September 9, 2026 at 2:00 pm

Submitted By: (Name and Address) (Please fill in this box)

Deliver To: City of South Daytona

Office of the City Manager

1672 South Ridgewood AvenueSouth

Daytona, Florida 32119

Date/Time Received: (CITY OFFICE USE ONLY):

SECTION 3: PURPOSE AND OVERVIEW

Overview

Scope of Services: Electronic Message Center Replacement

Location: City Hall – 1672 S. Ridgewood Avenue, South Daytona, Florida

Project Overview:

The City of South Daytona is soliciting bids from qualified contractors to remove the existing electronic message center display boards and furnish and install two (2) new LED message center display boards at City Hall, located at 1672 S. Ridgewood Avenue, South Daytona, Florida.

The successful contractor shall provide all labor, materials, equipment, transportation, supervision, permits (if required), and incidentals necessary to complete the project as a fully operational, turnkey installation.

Scope of Work

The successful bidder shall:

A. Remove and properly dispose of the existing electronic message center display boards.

B. Furnish and install two (2) new double-faced outdoor LED message center display cabinets.

C. Inspect the existing sign structure and mounting system and provide all brackets, hardware, and structural components necessary for a complete installation.

D. Connect the new displays to the existing electrical service and communication system. The contractor shall include any electrical or communication modifications necessary to provide a fully operational system.

E. Configure, test, and commission the displays to ensure proper operation.

F. Install and configure the manufacturer's current message center software and verify communication between the displays and the City's designated computer or network.

G. Provide on-site training for City personnel covering operation, scheduling, and routine maintenance.

H. Remove all construction debris and restore the work area to its original condition.

I. Provide all operating manuals, software licenses, warranty documentation, and closeout materials.

Minimum Display Requirements

The proposed electronic message center system shall meet or exceed the following minimum requirements:

• Full-color outdoor LED display suitable for continuous exterior operation.

• Double-faced display configuration consisting of two (2) display cabinets.

• Overall display size compatible with the City's existing sign structure and capable of fitting within the existing cabinet opening without requiring major structural modifications.

• Minimum 10 mm pixel pitch or finer resolution.

• Automatic and manual brightness adjustment with integrated ambient light sensor.

• Minimum calibrated brightness of 8,000 nits for daytime visibility.

• Minimum 160-degree horizontal viewing angle.

• Front-serviceable display modules for maintenance.

• Weather-resistant cabinet designed for outdoor installation.

• Remote content management software compatible with current Windows operating systems.

• Ability to display text, graphics, logos, animations, and full-color images.

• Scheduling capability for multiple messages and display playlists.

• Ethernet or equivalent network communication capability.

• Minimum five (5) years of software updates included.

• Manufacturer's standard warranty on equipment and components.

Electrical Requirements

The contractor shall verify the existing electrical service and provide all wiring, connections, and equipment necessary for a complete installation. The display system shall be compatible with existing single-phase electrical service or include any required modifications as part of the bid.

Shop Drawings

Prior to fabrication or installation, the contractor shall submit shop drawings for City review and approval. Shop drawings shall include:

• Display dimensions

• Mounting and attachment details

• Structural requirements

• Electrical requirements

• Communication requirements

• Installation details

No fabrication or installation shall begin until the City has approved the shop drawings.

Warranty

The contractor shall provide the manufacturer's standard warranty covering equipment and workmanship. Warranty documentation shall be submitted prior to final acceptance.

Final Acceptance

Final acceptance shall occur after successful installation, testing, commissioning, operator training, delivery of all manuals and warranty documentation, and approval by the City of South Daytona.

SECTION 4: INSTRUCTIONS TO BIDDERS

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

TIMELINE (Local Time):

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

Release Project Date: August 10, 2026

Question Submission Deadline: August 26, 2026, 4:00pm

Response Submission Deadline: September 9, 2026, 2:00pm

Selection Committee Meeting (tentative date):

September 11, 2026

Staff Recommendation to the City Council: September 23, 2026

HYBRID SUBMISSION INSTRUCTIONS:

If submitting by paper, bids must be delivered in a sealed envelope/package and delivered to:

City of South Daytona

Attention: Office of the City Manager

1672 S. Ridgewood Avenue South Daytona, Florida 32119

If submitting electronically, bids must be submitted to the portal via https://procurement.opengov.com/portal/southdaytona.

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

Paper bids shall be sealed, and Vendors shall clearly indicate on the outside of their bid the following:

A. Invitation to Bid (ITB) Number and Title

B. Date of Opening

C. Name of Vendor

D. Address of Vendor

Due to the timing of mail service, the City cautions Vendors to assure actual delivery of Bids to the City prior to the deadline set for receiving bids. Carrier and hand deliveries of bids will be accepted in the City

Manager’s Office, South Daytona City Hall, 1672 S. Ridgewood Avenue, South Daytona, Florida 32119 until the date and time referenced in the Timeline above or as amended by addendum issued by the City.

Bids received after the established deadline shall not be considered.

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

Vendors are cautioned that they are responsible for delivery to the specific location cited above.

Therefore, if your bid, proposal, statement or quotation is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address.

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

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

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

PRE-BID CONFERENCE:

There will be a Mandatory Pre-Bid Conference for the project on NO VALUE at NO VALUE at the NO

VALUE. If mandatory, all attendees to the Pre-Bid Conference must sign in.

EXAMINATION OF CONTRACT DOCUMENTS AND SITE:

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

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

Documents.

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

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

BID COORDINATOR:

The coordinator for this Bid is:

Becky Witte, Deputy City Clerk bwitte@southdaytona.org

Phone: 386-322-3011 mailto:bwitte@southdaytona.org

The City will not respond to oral inquiries. Respondents may submit written (by email or via the portal) inquiries regarding this to the coordinator. Written inquiries must be received by Wednesday, August 26, 2026 by 4:00 pm to be considered. The City will record its responses to inquiries and any supplemental instructions in the form of written addenda via the City website www.southdaytona.org.

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

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

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

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

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

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

CLARIFICATIONS:

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

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

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

MINIMUM QUALIFICATIONS:

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

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

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

Daytona is not to be used as a reference.

NO LOBBYING:

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

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

PRICING SHEETS:

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

EXCEPTIONS TO SPECIFICATIONS:

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

BID SUBMISSION AND WITHDRAWAL:

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

CORRECTION OF BIDS:

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

WITHDRAWAL OF BIDS:

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

OPENING OF BIDS:

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

REJECTION OF BIDS:

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

City.

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

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

B. Failure to perform according to contract provisions.

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

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

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

F. Other reasons deemed appropriate by the City.

OWNERSHIP OF DOCUMENTS:

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

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

AMERICANS WITH DISABILITIES ACT (ADA):

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

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

OTHER REQUIREMENTS:

If this is a federally assisted project it will be subject to Federal Labor Standards which include, the Davis-

Bacon Act (payment of prevailing wage rates) and the Copeland Act (anti-kickback of wages & submission of weekly certified payroll reports), as well as other provisions including 24 CFR 85.36

(bonding requirements), and Section 3 & M/WBE. Laborers and mechanics employed by primary contractors and sub-contractors performing construction work on this project shall be paid wages at rates not less than the prevailing rates as determined by the Secretary of Labor in accordance with the

Davis-Bacon Act. The prime contractor is responsible for the enforcement of wage compliance and support documentation for the duration of the project and may be held liable for wage restitution. The applicable information regarding the laws and regulations stated above would be included in the bid packet.

BOND:

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

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

PAYMENT OF TAXES:

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

SPECIAL REQUIREMENTS:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 5: SCOPE OF WORK / BID SPECIFICATIONS

SCOPE FOR PROJECT

Electronic Message Center Replacement

City Hall – 1672 S. Ridgewood Avenue, South Daytona, Florida

Project Overview

The City of South Daytona is soliciting bids from qualified contractors to remove the existing electronic message center display boards and furnish and install two (2) new LED message center display boards at City Hall, located at 1672 S. Ridgewood Avenue, South Daytona, Florida.

The successful contractor shall provide all labor, materials, equipment, transportation, supervision, permits (if required), and incidentals necessary to complete the project as a fully operational, turnkey installation.

Scope of Work

The successful bidder shall:

A. Remove and properly dispose of the existing electronic message center display boards.

B. Furnish and install two (2) new double-faced outdoor LED message center display cabinets.

C. Inspect the existing sign structure and mounting system and provide all brackets, hardware, and structural components necessary for a complete installation.

D. Connect the new displays to the existing electrical service and communication system. The contractor shall include any electrical or communication modifications necessary to provide a fully operational system.

E. Configure, test, and commission the displays to ensure proper operation.

F. Install and configure the manufacturer's current message center software and verify communication between the displays and the City's designated computer or network.

G. Provide on-site training for City personnel covering operation, scheduling, and routine maintenance.

H. Remove all construction debris and restore the work area to its original condition.

I. Provide all operating manuals, software licenses, warranty documentation, and closeout materials.

Minimum Display Requirements

The proposed electronic message center system shall meet or exceed the following minimum requirements:

• Full-color outdoor LED display suitable for continuous exterior operation.

• Double-faced display configuration consisting of two (2) display cabinets.

• Overall display size compatible with the City's existing sign structure and capable of fitting within the existing cabinet opening without requiring major structural modifications.

• Minimum 10 mm pixel pitch or finer resolution.

• Automatic and manual brightness adjustment with integrated ambient light sensor.

• Minimum calibrated brightness of 8,000 nits for daytime visibility.

• Minimum 160-degree horizontal viewing angle.

• Front-serviceable display modules for maintenance.

• Weather-resistant cabinet designed for outdoor installation.

• Remote content management software compatible with current Windows operating systems.

• Ability to display text, graphics, logos, animations, and full-color images.

• Scheduling capability for multiple messages and display playlists.

• Ethernet or equivalent network communication capability.

• Minimum five (5) years of software updates included.

• Manufacturer's standard warranty on equipment and components.

Electrical Requirements

The contractor shall verify the existing electrical service and provide all wiring, connections, and equipment necessary for a complete installation. The display system shall be compatible with existing single-phase electrical service or include any required modifications as part of the bid.

Shop Drawings

Prior to fabrication or installation, the contractor shall submit shop drawings for City review and approval. Shop drawings shall include:

• Display dimensions

• Mounting and attachment details

• Structural requirements

• Electrical requirements

• Communication requirements

• Installation details

No fabrication or installation shall begin until the City has approved the shop drawings.

Warranty

The contractor shall provide the manufacturer's standard warranty covering equipment and workmanship. Warranty documentation shall be submitted prior to final acceptance.

Final Acceptance

Final acceptance shall occur after successful installation, testing, commissioning, operator training, delivery of all manuals and warranty documentation, and approval by the City of South Daytona.

SECTION 6: STANDARD PURCHASE DEFINITIONS

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

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

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

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

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

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

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

Bidder to perform the resultant Contract.

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

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

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

City means the City of South Daytona.

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

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

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

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

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

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

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

Bidder.

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

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

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

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

Quotes (RFQ) or competitive grant process.

Evaluator is a member of the evaluation committee/team.

Goods are supplies, materials, or equipment.

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

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

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

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

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

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

Lowest Responsible Bidder means the Bidder submitting Lowest Responsible Bid.

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

Negotiator is a member of the negotiation team.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 7: GENERAL TERMS AND CONDITIONS

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

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

CONTAINED HEREIN.

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

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

ACCEPTANCE BY CITY

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

ADDENDUM

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

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

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

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

ADDITIONAL GOODS

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

AMERICANS WITH DISABILITIES ACT (ADA)

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

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

ANTI-COLLUSION STATEMENT

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

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

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

APPLICABLE LAWS

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

ASSIGNMENT

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

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

AUTHORITY TO CONDUCT BUSINESS IN FLORIDA

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

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

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

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

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

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

AWARDS

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

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

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

AWARD AND EXECUTION OF CONTRACT

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

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

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

BID RETURNS

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

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

Vendors unopened.

BID PROTEST

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

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

With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for…