Utilities_Structure_Cleaning_Services_(Addendum_#4_Revision).pdf

1. INTRODUCTION

1.1. Summary

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

Opening will be provided in the Timeline section in the #INTRODUCTION. A preliminary tabulation sheet will be available on the Platform within 24 hours of the Opening.

Participation: To view specifications, schedule, pose questions, receive addenda & notices, or submit an offer, visit https://codb.us/841/purchasing and click "Public Solicitation". Then click the 'PARTICIPATE' button at the bottom of the solicitation page. After clicking the participate button Bidder’s will be prompted to login or register the company. Clicking the participating button does not obligate the

Bidder to submit a response. It is recommended that Bidders register and participate as soon as possible in order to stay informed on this Solicitation. It is the Bidder's responsibility to stay informed of the latest announcements.

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

Question Deadline: The deadline for questions is detailed in the Timeline section of the INTRODUCTION.

Questions must be submitted through the Platform using the Question & Answer tab. To ask a question click the Question and Answer tab, select the blue "Ask Question" button. Add a Subject, enter your questions, and then select the blue Submit Question icon.

Addenda/Revisions/Question & Answers: Participants shall review all revisions and answers to published questions before submitting an offer. The 'Question & Answer' feature is authoritative and shall be considered an addendum to the Solicitation. All published answers shall display in the Question and

Answer tab. Make sure that the latest version of documents been reviewed as well as all public announcements.

Offer Term: Bids may be held by the City for a period not to exceed 60 days from the date of opening of

Bids for the purpose of reviewing the Bid and investigating the qualifications of Contractors prior to awarding the Contract.

Platform Support: Bidders shall contact OpenGov Procurement Support related to any inquiries related to the software. Bidders may contact Support via the blue chat bubble in the bottom right corner of an

OpenGov Procurement webpage or can reach out via email at procurement-support@opengov.com or via phone at (855) 680-4747.

1.2. Contact Information

Eric Smith

Deputy Utilities Director

125 Basin Street Suite 204 https://procurement.opengov.com/portal/codb https://www.codb.us/841/Purchasing https://procurement.opengov.com/portal/codb/projects/39127?section=319602

Invitation For Bid #2334ITB Title: Utilities Structure Cleaning Services

Daytona Beach, FL 32115

Email: smitheric@codb.us

Phone: (386) 671-8829

Department:

Purchasing

1.3. Timeline

Release Project Date March 6, 2023

Pre-Proposal Meeting (Non-Mandatory) March 15, 2023, 2:00pm

Meeting ID: 234 369 379 423

Passcode: UTU6Ap

Download Teams | Join on the web https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlL

WE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22112fe1e2-c356-

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669fa41090ef%22%2c%22Oid%22%3a%22a9bda57

2-d900-4e9a-9486-7ef2b77b9b4d%22%7d

Or call in (audio only)

+1 312-667-7230,,383070953# United States, Chicago

Phone Conference ID: 383 070 953#

Question and Request for Interpretation

Submission Deadline

March 21, 2023, 2:00pm

Proposal Submission Deadline April 12, 2023, 2:00pm

2. DEFINTIONS

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE

CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE

OF SPECIAL PROVISIONS.

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

mailto:smitheric@codb.us tel:(386)671-8829 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlLWE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlLWE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlLWE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlLWE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlLWE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlLWE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcxYjg4YzUtM2FlMC00N2FlLWE2NjUtNDQ4MDQyYTIyOWI1%40thread.v2/0?context=%7b%22Tid%22%3a%22112fe1e2-c356-4b5a-885a-669fa41090ef%22%2c%22Oid%22%3a%22a9bda572-d900-4e9a-9486-7ef2b77b9b4d%22%7d

2.1. DEFINITIONS

THESE TERMS ARE STANDARD FOR ALL SOLICITATIONS ISSUED BY THE CITY OF DAYTONA BEACH. THE

CITY MAY DELETE, SUPERSEDE, OR MODIFY ANY OF THESE FOR A PARTICULAR SOLICITATION BY USE

OF SPECIAL PROVISIONS.

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

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

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

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

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

Contract means the form Contract, if any, required by the City in order to integrate all terms and conditions therein, provided by the City for the Bidder’s execution and includes 1) the Solicitation documents 2) the Offer Package, 3) the Resolution or Ordinance 4) all Purchase Orders issued pursuant to the Solicitation documents 5) all amendments that may after the date of award be executed by the

Bidder and the City 6) any addenda 7) any other Solicitation Documents. Also means an Agreement to purchase Goods or Services or both, regardless of whether the agreement is reduced to a single written document.

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

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

Goods means Commodities.

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

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

Contract that accompanies the NOI.

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

Platform means OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders

MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1)

Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an online Solicitation.

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

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

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

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

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

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

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

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

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

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

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

3. SCOPE OF SERVICES

3.1. GENERAL

The intent for this Invitation to Bid is for the procurement of emergency and non-emergency sediment and debris removal and disposal services on an as-needed basis. The use of a closed loop system that pumps the solids to a sealed, pressurized debris collection container which decants the liquid back into the pipeline or structure without emitting significant noise and odor is safer and more efficient for large diameter structures. The Contractor will be responsible for proper removal, hauling, and disposal of sediment and debris collected from various structures anywhere in the City as required for each project assignment.

3.2. DETAILS

• The Contractor shall furnish all labor, materials and equipment necessary for properly cleaning various size structures. Types of structures shall include both Sanitary Sewer and Stormwater systems. Structures shall be cleaned using hydraulically propelled, and/or high velocity water jet sewer cleaning equipment capable of removing sand and/or debris in surcharged conditions.

Structures shall be defined as a tank, basin, pond and other types of structures including, but not limited to channels, equalization tanks, clarifiers, aeration basins, oxidation ditches, anoxic tanks, filter media bays, contact basins, digesters, headworks, grit chambers, containment units, thermal process tanks, package plants, reject ponds, lift stations, backwash basins, splitter boxes, baffle boxes, manholes, sumps or sediment traps.

• Debris shall be defined as sand, silt, solids, rags, sludge, rocks, bricks, loose gaskets, pieces of broken pipe and other foreign objects encountered in structures. The cleaning process shall be able to remove all debris from each structure that is identified by the City. The selection of cleaning equipment and method shall be based on the structure type, amounts of debris anticipated, and the known condition of the structure and will be subject to the City’s approval for the method used and the applicable pay item. All cleaning equipment and devices shall be operated by personnel who are properly trained and qualified in using that type of equipment or device.

• The Bidder will be required to submit a minimum of three (3) references, within the State of

Florida, that demonstrate that they have the necessary equipment, experienced personnel, and are capable of cleaning large diameter structures, utilizing a closed loop system, in surcharged conditions, per this specification. The Contractor may be required to demonstrate the performance capabilities of the cleaning equipment proposed for use on the project. If the results obtained by the proposed cleaning equipment are not satisfactory, the Contractor may be required to utilize different personnel, equipment and/or attachments, as necessary to meet the requirements.

• Satisfactory precautions shall be taken to protect structures, equipment and adjacent facilities from damage that might be caused by improper use of the cleaning equipment or method. Any damage resulting from Contractor negligence shall be repaired by Contractor at no cost to and to the satisfaction of the City.

3.3. EQUIPMENT

All cleaning equipment shall include an extraction device that removes all solids and decants water back into the structure without the release of debris. The cleaning equipment shall have an approximately 49 foot boom crane with telescoping tubes and shall have a downhole system that enables the removal of debris from deep or submerged conditions. The equipment shall have a minimum 10 cubic yard debris tank, capable to be pressurized for debris and water separation. If the site conditions are such that large debris amounts are anticipated, then the equipment shall be capable to operate in conjunction with pressurized roll off containers.

The cleaning equipment shall include a debris extraction device that does not release particulate matter into the atmosphere and does not allow the debris being removed to pass downstream from the access point or back into the system being cleaned. The cleaning equipment shall be able to operate without the need of bypass pumping during the cleaning operations.

High Velocity Water Jet Cleaning:

• The jetting equipment must be specifically designed and controlled to thoroughly clean the structure without damage. A working pressure gauge shall be used on the discharge of all high pressure water pumps. The jet nozzles shall be adjustable from an upward angle used to clean loose debris underneath the top of the structure, to a downward angle in order to clean the bottom or sides depending on the structure needs and corrosion conditions. The pressure and flow rate shall also be adjustable and controlled to an appropriate level for the cleaning requirements, so as to prevent further damage to the structure.

• The primary water pump should be rated at least 140 gpm at 2000 psi and have additional capacity as needed to perform the work. To take full advantage of the Closed-Loop capabilities and increase production, the Closed-Loop system equipment shall have a hose reel and hose that is capable of cleaning at least 1000 LF from one access point.

Hydraulically Propelled Cleaning Equipment:

• The hydraulically propelled equipment must be specifically designed to remove large amounts of debris and sediment under surcharged conditions. Hydraulically propelled equipment must be capable of properly functioning without the use of additional water.

Debris Collection:

• The debris collection system shall include both vacuum and pumping capability with a sealed containment unit that must be able to safely transport either sanitary

• sewer or storm system debris to a legal disposal site without leakage or emitting any significant amount of odor. The system must have the capacity to keep up with the cleaning operation and be able to handle a high percentage of solids. The debris collection system shall be capable of capturing 99% of the solids and debris and decanting only water back into the collection system downstream of the debris collection point or into a discharge point designated and approved by the City.

• The debris collection system shall have a telescoping boom and tube system that is capable of reaching approximately 49 feet from the center of the debris collection vehicle into the structure for effective placement of the vacuum/pumping tube.

• Sand and sediment collected during operations must be able to pass the paint filter dry test to be eligible to collect pay items for debris disposal. All sanitary sewage or wastewater treatment plant structures will be eligible for the pay item for Disposal of Sanitary Sewer Solid Waste

Material. All Stormwater systems or structures will be eligible for the pay item for Disposal of

Stormwater System Solid Waste Material.

3.4. EXECUTION

• All equipment and devices shall be operated by experienced operators so that cleaning process is efficient and effective, and the pipe or structure is not damaged during the cleaning process.

The cleaning process shall include a multi-step cleaning procedure until the entire structure is clean and has been approved by the City Representative. The Contractor shall only use biodegradable materials which will not create hazards to health or property or affect stormwater receiving bodies or sewage treatment plant processes.

• The jetting action from the nozzle will propel the cleaning head to a chosen point (depending on the amount of sediment) to loosen the sludge, sediment and debris. The operator shall retract the nozzle to the access point, where a submersible pump or vacuum suction line will transport the collected solids and water to the debris collection container. The operator will extend the nozzle to further points in the structure and repeat this procedure until the furthest point has been reached and is clean of all sediment and debris. The Contractor is responsible to use whatever means necessary to remove all sediment and debris from the structure or system without damage to the facility. The debris collection system shall separate the solids and return only liquid back into the system or structure.

• The Contractor shall be responsible for obtaining a water meter and pay all related costs as necessary. All expenses shall be considered incidental to the cleaning of the structure. No fire hydrant shall be obstructed or used when there is a fire in the area.

• In addition to the requirements herein, the Contractor shall maintain a safe and clean work area so as to comply with Federal, State, and local environmental and anti-pollution laws, ordinances, codes, and regulations when cleaning structures and disposing of waste debris. The Contractor shall also keep the work area and surrounding area free of accumulations of dirt, dust, waste materials, rubbish and debris. Suitable containers for storage of waste materials, debris and rubbish shall be provided by the contractor until time of disposal. It is the sole responsibility of the Contractor to secure a licensed legal disposal site for the disposal of the debris material.

Under no circumstances shall sewage or solids removed from a sanitary sewer system be spilled or dumped in streets, ditches, catch basins, or storm drainage systems.

• The Contractor shall be required to have all materials, water source, equipment, and labor necessary to complete the work on the jobsite prior to beginning the cleaning process and starting the clock regarding payment. Partial days of work will be prorated for payment if a minimum 8 hours of work has not been performed during a day.

3.5. POLLUTION AND NOISE CONTROL

Contractor shall minimize noise, vibration and pollution caused by their activities, and control the removal and disposal of solid and hazardous wastes according to the following Performance Criteria:

• Noise Control shall be in accordance with Federal, State, and City regulations. The equipment noise level shall not exceed 75 Db measured at a distance of 50 feet, during normal operating conditions. The Contractor shall comply with all City Ordinances and regulations dealing with noise abatement.

• Vibration Control shall be in accordance with Federal, State, and City regulations. It is the

Contractor’s sole responsibility to prevent damage from vibration to adjacent structures and property.

• Air Pollution Control shall be in accordance with Federal, State, and City regulations.

• Fugitive Dust:

o Do not cause or allow the emissions of from any transport, handling, construction or storage activity to remain visible in the atmosphere beyond the property line of the emission source.

o Take precautions to minimize dust emissions from operations involving demolition, excavation, grading, clearing of land and disposal of solid waste.

o Do not cause or allow particulate matter to exceed 100 mg/m3 when determined as the difference between upwind and downwind samples collected on high volume samples at the property line for a minimum of five hours.

o Take precautions to prevent visible particulate matter from being deposited upon public roadways as a direct result of construction or hauling operations. Precautions shall include the removal of particulate matter from equipment before movement to paved streets, or the prompt removal of material from paved streets onto which such material has been deposited.

o The cleaning equipment shall include a debris extraction device that does not release particulate matter into the atmosphere.

• Solid and Hazardous Waste

• Solid and Hazardous Waste Control shall be in accordance with Federal, State, and City regulations. The Contractor is solely responsible for the disposal of any waste that is generated by the Contractor’s operation using a licensed transporter authorized by FDEP.

Execution: In order to implement these regulations, the Contractor shall use the following procedures and techniques:

• Dust Control o Cover loads of materials, debris and soil transported from construction sites.

o Daily water down and sweep streets which have heavy volumes of construction vehicles carrying debris and excavated materials.

o Establish regular cycles and locations for washing trucks which haul soil from the site.

o Water down construction sites as needed to suppress dust, during handling of excavation soil or debris or during demolition.

o Burning of wastes on site is prohibited. Remove scrap and waste material and dispose of in accordance with laws, codes, regulations, ordinances and permits.

o Use construction equipment which has been designed and equipped to prevent or control air pollution in conformance with the regulations of the EPA, state and local authorities. The

Contractor shall have available evidence of such design and equipment shall be maintained and made available for inspection by the City Representative.

o Establish and maintain records of the routine maintenance program for internal combustion engine powered vehicles and equipment used on the project. These records shall be held available for inspection by the City Representative.

Solid and Hazardous Waste Disposal:

• Solid wastes may be disposed of in a number of ways, including legal land spreading, controlled incineration, public or private dump sites, either free or for a fee. The method of disposal is restricted according to the classification of the waste material by the CFR 40 – 190 to 399, and by local requirements.

• Hazardous wastes are wastes listed in 40 CFR Part 261, Subpart D as hazardous or they are wastes characterized in 40 CFR Part 261, Subpart C as hazardous by exhibiting one of four characteristics: ignitability (i.e., an oxidizer or flash point < 140°F), corrosivity (i.e., Ph < 2 or >

12.5), reactivity, or toxicity.

• A hazardous waste determination must be made of any waste material. If the material is hazardous, then it must be recycled, treated, stored, or disposed at a Hazardous Waste facility authorized by DEP, EPA or another state. Hazardous Waste cannot be disposed on or in the ground, or in local landfills, septic tanks, or injection wells. Regardless of quantity, the generator of Hazardous Waste is ultimately responsible for the waste, and can be held liable for improper management of Hazardous Waste even though it may have been sent to an authorized

Hazardous Waste management facility using a licensed transporter authorized by DEP.

• Haul routes for transporting sediment and debris solids or hazardous wastes are subject to the approval of the City Representative.

4. INSTRUCTIONS TO BIDDERS

THESE INSTRUCTIONS ARE STANDARD FOR ALL BID SOLICITATIONS FOR PROJECT SPECIFIC

CONSTRUCTION SERVICES ISSUED BY THE CITY OF DAYTONA BEACH. THE CITY MAY DELETE,

SUPERSEDE, OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR SOLICITATION

IN THE SPECIAL PROVISIONS SECTION.

4.1. BID DOCUMENTS

The Bid Documents consist of all published sections of this Solicitation including Attachments, Pricing

Proposal Schedule and all other Forms to be completed, signed, and submitted by the Bidder, and all additional documents required to be completed and submitted by the Bidder as part of the Bid

Submission.

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

Platformmeans OpenGov, the software currently used by the City. All communications regarding this

Solicitation will be posted at www.codb.us/841/purchasing through the Public Solicitations link. Bidders

MUST submit Offers through the Platform. The Platform is utilized by the City and the Bidders to: 1)

Allow Bidders to register and manage their company records, 2) Post and issue City Solicitation packages for Bidders from inception to award of a Solicitation, 3) Allow Bidders to submit an Offer Package online, electronically, through the Platform, 4) Allow Bidders to view all public record documents related to an

Online Solicitation.

4.2. COMPLETING THE BID

In order for the Bid to be considered complete:

A. The Pricing Proposal and all other Required Forms must be completed. All blank spaces must be completed.

B. All other information/documentation that is required to be submitted must be provided in the manner indicated.

C. Any extraneous documents or information submitted by the Bidder will be discarded. The

Bidder will be asked to sign a written contract only if the City awards the contract to that Bidder.

D. Where the Pricing Proposal only calls for unit prices the Bidder must bid all unit prices as set forth in the Pricing Proposal unless Special Instructions are included in this Solicitation specifically allowing for partial or lot-by-lot Bids. If this Solicitation allows for partial or lot-by-lot

Bids, the Bidder must comply with the Special Instructions in completing the unit prices set forth in the Bid Schedule.

E. The Bid Price will be stated in numerals.

F. The Bidder must not submit alternative Bids unless this Solicitation specifically authorizes alternate Bids. If this Solicitation specifically allows the submission of alternate Bids, the Bidder must submit the standard and the alternative Bid in order to be considered responsive.

G. The Bid may not contain qualifications or exceptions of any kinds.

H. All other submittal requirements stated herein must be met.

4.3. SIGNING THE BID

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

Forms to be submitted. Original and electronic signatures will be accepted.

4.4. REQUEST FOR INTERPRETATIONS

If the Bidder is in doubt as to the meaning of any of the Bid Documents included in this Solicitation, the

Bidder may submit a written request via the Platform. Such requests must be received by the Request for Interpretations Deadline detailed in the Timeline section of the INTRODUCTION in order to be considered. The City is not obligated to respond to such requests. Any clarification or interpretation issued by the City in the form of a public announcement, addendum, or answer to a question via the

Platform and will be deemed to be a part of the Bid Documents. No oral clarification or interpretation will be binding.

QUESTIONS AND ANSWERS. All answers to material questions will be published on the Platform.

Bidders are required to review all questions and answers within the Solicitation. Questions and answers are as authoritative as any information issued in a formalized addendum and incorporated into the

Solicitation Documents or any Contract resulting from this Solicitation.

4.5. ADDENDA TO BID DOCUMENTS

Prior to Bid opening, the City may on the City’s own initiative or in response to a request for clarification, furnish public announcements, addenda, or answers to questions submitted that relate to these

Instructions, the Bid Documents, and to any Drawings, Specifications, or other Contract Documents previously supplied by the City. In addition, the City may by announcement, addenda, or answer to a question, extend the date scheduled for Bid Opening.

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

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

4.6. SUBMISSION OF ONLINE OFFERS

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

All electronic files uploaded must be in a common format accessible by software programs the City uses. Those common formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel

(.xls or .xlsx), Microsoft Power Point (.ppt or pptx), or Adobe Portable Document Format (.pdf.). Bidders will not secure, password protect or lock uploaded files; the City must be able to open and view the contents of the file. Bidders will not disable or restrict the ability of the City to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The City may disqualify any Offer that does not meet the criteria stated in this paragraph.

4.7. BID SECURITY

The Bidder must submit Bid Security equal to 10% of the Bid. The Bid Security will be in the form of a Bid bond or any of the following alternate forms; cashier's check, certified check, money order, notes at par value, U.S. Currency, or U.S. Government Bond. Any Bid Security provided must be in original form. The

City has the right to retain the Bid security as liquidated damages should the Successful Bidder fail to comply with the terms of the Bid. The City will return the Bid security to unsuccessful Bidders after the contract award.

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

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

4.8. AMENDMENT AND WITHDRAWAL OF BID

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

4.9. DISQUALIFICATION OF BIDDERS

A. Only One Bid Permitted: The Bidder may submit only one Bid. If the Bidder submits more than one Bid for the work involved, all Bid proposals submitted from the Bidder will be rejected.

B. Collusion: If the City determines that collusion exists among Bidders, the City will reject the Bids of all participants in the collusion.

C. Public Entity Crimes: Failure to submit a correctly completely public entity crimes form.

Pursuant to Section 287.133(12)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted Supplier list following a conviction for a public entity crime may not submit a Submittal Package (Bid Response) on a contract to provide any goods or services to a public entity, may not submit a bond on a contract with a public entity for the construction or repair of a public building or public work, may not submit an Offer (Bid Response) on leases of real property to a public entity may not be awarded or perform work as a Supplier, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two ($25,000) for a period of 36 months from the date of being placed on the convicted Supplier list

D. Scrutinized Companies List: If the Bidder is found to have submitted a false certification as provided by F.S. Section 238.175(5), or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, the City will have the option to immediately terminate this Contract.

4.10. BID OPENING

Bid Opening will be scheduled on the date and time specified in the Timeline section of the

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

The Bidder is solely responsibility to ensure that the Bid is submitted via the Platform prior to Bid

Opening. Late Bids will not be accepted by the Platform.

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

4.11. BID AS OFFER; FIRM PRICING; NO GUARANTEES AS TO THE QUANTITIES

ORDERED

In submitting the Bid, the Bidder certifies that the Bidder is making a firm offer that will remain open for

60 days following Bid Opening. Extensions of time beyond the 60 day-period will only be by agreement of the City, the Bidder, and the surety for the Bidder.

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

4.12. FEDERAL TAXES

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

4.13. BID PRICE INCLUSIVE OF COSTS

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

SERVICES.

4.14. BIDS AND PUBLIC RECORDS

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

If the Bidder believes that the Bid or any portion thereof is permanently exempt from disclosure under the public records laws, the Bidder must state the grounds for this position in CAPITAL LETTERS in a certified letter addressed to the Purchasing Agent and received at least 3 days prior to the Bid Opening.

The Bidder will be contacted prior to the opening of the Bid and a determination will be made as to whether or not it is exempt prior to opening. If a determination is made that it is not exempt from disclosure, the Bidder may in writing request the return of the sealed Bid.

4.15. BID OPENING RESULTS

The Bidder may secure information pertaining to Bid opening results on the Purchasing Division webpage https://www.codb.us/841/purchasing, or by emailing a request to purchasing@codb.us.

Copies of preliminary tabulation sheets will be furnished upon request and receipt of a valid email address.

4.16. BIDDER CAPABILITY/REFERENCES

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

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

4.17. REVIEW; BASIS OF AWARD

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

Any contract awarded pursuant to this Solicitation will be made on the basis of the criteria for award of

Bids provided in the Purchasing Code.

A link to the Code of Ordinances is available on the City’s web site, www.codb.us.

4.18. LOCAL PREFERENCE

The Purchasing Code, Chapter 30, Code of the City of Daytona Beach provides for a preference to Local

Vendors whenever the application of such a preference is reasonable in light of the dollar-value of

Offers received in relation to such expenditures.

https://procurement.opengov.com/portal/codb/projects/39127?section=319605 https://procurement.opengov.com/portal/codb/projects/39127?section=319605

As used in City Code, the term, “Local Vendors” means a person or business entity which has maintained a permanent place of business with full-time employees within the City limits of the City of Daytona

Beach for a minimum of six months prior to the date Solicitations were received for the purchase or

Contract at issue, which generally provides from such permanent place of business the kinds of Goods solicited, and which at the time of the Solicitation fully complies with state and local laws, including City zoning and licensing ordinances.

Pursuant to City Code, if the lowest Responsive Offer by a non-Local Vendor, and an Offer by a Local

Vendor is within 10% of the lowest Offer, then these two Bidder’s will each have the opportunity to submit a best and final Offer equal to or lower than the amount of the lowest Offer within five working days after Offer opening. The Contract will be awarded to the Bidder submitting the lowest Responsive

Offer or final Offer. In case of a tie between a Local Vendor and a non-local Vendor the Contract will be awarded to the Local Vendor.

If the Bidder intends to qualify as a Local Vendor, the Bidder must complete and sign the Local Vendor affidavit and submit it as part of the Offer Package. A Bidder who fails to properly complete and sign this affidavit or submit it with the Offer Package, will not be further considered for local preference.

If the Bidder submits a properly completed Local Vendor affidavit as part of its Offer Package, the City reserves the right to verify that the Bidder meets the definition of Local Vendor, including by requiring the Bidder to supply additional documentation. In all instances, the City will be the final arbiter as to whether the Bidder qualifies for local preference.

With certain exceptions, application of local preference is discretionary. For more information on how the Local Preference may apply, see the Purchasing Code.

4.19. IDENTICAL TIE BIDS

If there are two or more low responsive Bids from responsible Bidders that are identical in price and other evaluation criteria, the tie will be awarded to the following in order of preference: a) the Bidder qualifying for local preference under Code 30-86; b) the Bidder in compliance with the drug free workplace certification requirements set forth in Florida Statutes 287.087; or c) the most responsible

Bidder as defined under the City Code 30-82 (9)(c).

4.20. RIGHT TO ACCEPT OR REJECT BIDS

The City will reject Bids which contain modifications, qualifications, or exceptions, or which are incomplete, unbalanced, conditional, obscure, or which contain additions not requested, or irregularities of any kind, or which do not comply in every respect with these Instructions to Bidders and the Contract

Documents, unless the City in its sole discretion determines that the non-compliance is minor.

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

4.21. PIGGYBACK AUTHORITY

All Suppliers awarded Contracts pursuant to this Solicitation are required to permit government agencies, cities, counties, and political subdivisions to participate in the Contract under the same prices, terms, and conditions except where allowance are made for differences in delivery costs.

4.22. CRA MAY AWARD PURCHASE ORDERS ISSUED PURSUANT TO CONTRACT

In the case of a continuingerm supply or service contract awarded pursuant to this Solicitation, if the funds to be used to pay for a portion of the supply or service are from redevelopment trust funds, the

Community Redevelopment Agency (CRA) is authorized to issue the purchase order corresponding to the supply or service instead of the City.

4.23. BIDDER RESPONSIBILITY FOR PREPARATION COSTS

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

4.24. POST-AWARD SUBMITTAL REQUIREMENTS

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

A. A signed contract, using the form provided with or referenced by the notice of intent to award.

B. Proof of insurance, in accordance with the requirements of the Contract. See the Contract form for more information regarding insurance requirements.

C. Performance Security, as further described below, in an amount equal to 100% of the Contract

Price. The award is subject to cancellation and the Bid Security subject to forfeiture if this deadline is not met.

4.25. PERFORMANCE SECURITY

Performance Security is required unless the contract award amount is less than $100,000.00. Payment and performance bonds may be submitted or an alternative form of security as specified in Florida

Statutes § 255.05(7) may be provided upon the City’s prior written approval.

If the Successful Bidder elects to use payment and performance bonds for required Performance

Security, the Successful Bidder will use forms provided by the City. Copies of the City’s current form bonds will be provided with the Notice of Award. Completed bonds must be originals, not copies, with raised corporate seals included where applicable. The bonds must be accompanied by sufficient evidence of the authority of the issuing agent, including a certified copy of the power of attorney of the person signing the bond on the surety’s behalf. The surety company executing the bonds must be must be rated “A” or better by A.M. Best Key Rating Guide, authorized to do business in the State of Florida, and must be listed by the United States Treasury Department Treasury Fiscal Service, Bureau of

Government Financial Operations, Federal Register, Part V, latest revision, entitled: “Companies Holding

Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring

Companies,” as being approved for writing bonds for federal projects on its current list in an amount not less than the required bond amount.

4.26. E-VERIFY

E-Verify. - The CONTRACTOR (and its subcontractors) has an obligation to utilize the U.S. Department of

Homeland Security’s (DHS) E-Verify system for all newly hired employees. By executing this Contract, the

CONTRACTOR certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The CONTRACTOR must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the

Contract.

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

4.27. PUBLIC RECORDS

(a) To the extent applicable, CONTRACTOR will comply with the requirements of Florida Statutes Section

119.0701, which include the following:

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

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

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

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

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONSULTANT MUST CONTACT THE CITY CLERK, WHOSE CONTACT INFORMATION IS AS FOLLOWS:

(Phone) 386 671-8023

(Email) clerk@codb.us

(Address) 301 S. Ridgewood Avenue

Daytona Beach, FL 32114

(b) Nothing herein will be deemed to waive CONTRACTOR'S obligation to comply with Section

119.0701(3)(a), Florida Statutes.

4.28. MBE/WBE (Voluntary) FORMS

If the Bidder or any of their sub-contractors are MBE/WBE please complete and upload Attachments A-D

(that apply to this solicitation) with your submission.

5. SPECIAL PROVISIONS

5.1. EFFECTIVE DATE AND TERM

The Effective Date of the Contract that will originate from this solicitation will be date on which the last

Party signs it. The successful Bidder(s) shall be awarded a Contract for an initial term of three (3) years, commencing on the effective date.

5.2. RENEWAL OPTIONS

The City will have the option to renew the Contract up to two (2) Terms of one (1) year each, by providing Vendor written notice. Such notice must be provided at least 60 days before the end of the current Term, unless waived by Vendor.

5.3. WORK AUTHORIZATION

This Contract, in and of itself, does not require the Vendor to provide any Commodities or perform any

Services, or require the City to pay for such Commodities or Services. No Commodities or Services will be deemed ordered, and no obligation will arise to pay for such Commodities or Services, except when specifically authorized by a written Work Authorization issued in accordance with the City’s procurement policies. The Work Authorization will generally consist of the Vendor’s written, date quotation, listing the Commodities offered, including quantities, with reference to the units and prices set forth in the Bid Schedule, consistent with the provisions of this Contract; and the City’s Purchase

Order accepting such offer. No Work Authorization may alter the terms and conditions of this Contract;

and any provision of a…