2-ITB-UT-26-40 Project manual and forms.pdf

Template Version date Feb-26

ITB-UT-26-40

INVITATION TO BID:

BULK GAS – LIQUID OXYGEN

ITB #: ITB-UT-26-40

BID MANUAL

Financial Services Department 160 Lake Avenue

Budget & Procurement Office Palm Coast, FL 32164

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TABLE OF CONTENTS PAGE

Overview _________________________________________________________________________ 2

About Palm Coast __________________________________________________________________ 3

Goods/Services General Requirements _________________________________________________ 4

Bid Process ________________________________________________________________________ 9

Instructions to Bidders _____________________________________________________________ 15

CLAIMING LOCAL PREFERENCE _______________________________________________________ 17

Price Schedule ____________________________________________________________________ 18

References – OTHER THAN THE CITY OF PALM COAST ____________________________________ 19

FORM 1- Conflict of Interest Statement ________________________________________________ 21

FORM 2 – Debarment Certification ___________________________________________________ 23

FORM 3 – Certification of Authorized Signatory _________________________________________ 25

FORM 4 – Compliance Certification Form ______________________________________________ 26

FORM 5- E-VERIFY Registration and Use AFFIDAVIT ______________________________________ 29

FORM 6- 2 CFR 200.321 Affirmative Step Requirements __________________________________ 31

FORM 7 – PUR 1355 ________________________________________________________________ 32

FORM 8 – affidavit of compliance _____________________________________________________ 33

CONTRACT TEMPLATE ______________________________________________________________ 34

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OVERVIEW

CITY OF PALM COAST

INVITATION TO BID (ITB)

TITLE

BULK GAS – LIQUID OXYGEN

REFERENCE

ISSUED

February 18, 2026

DUE

March 17, 2026 at 2 p.m.

PROCUREMENT COORDINATOR

TAYA HOFF

(386) 986-2547 thoff@palmcoastgov.com

PROJECT MANAGER

ROBERT HUBBARD

(386) 986-2532 RHubbard@palmcoastgov.com

BRIEF DESCRIPTION

The City of Palm Coast U lity Department is seeking a firm price per Gallon or SCF for the purchase of Liquid Oxygen (LOX) to be used at City of Palm Coast Water Treatment Plant #3.

OTHER KEY DATES AND MEETINGS

Ques on Deadline: March 10, 2026 at 2 p.m.

Bid Deadline: March 17, 2026 at 2 p.m.

The above outlines the deadlines applicable to this ITB. City reserves the right to modify or change the scheduled deadlines at its sole discre on and will provide no ce to the Bidders of any such change(s).

DOCUMENT AVAILABILITY, SUBMISSION, OTHER INFORMATION

Bid solicita on documents are available through the City’s Procurement Portal at (h ps://palmcoastgov.bonfirehub.com/portal). Bids shall be received electronically through the City’s Procurement Portal by the specified me and date. No other method of submission will be allowed or considered (i.e. Mailed, emailed, or hand delivered).

The City of Palm Coast uses its best efforts to divide total requirements, when economically feasible, into smaller tasks or quantities and to establish delivery schedules, where the requirement permits, in order to encourage participation by minority businesses, women’s business enterprises, and labor surplus area firms in compliance with CFR 200.321. In addition, the City will consider requests from qualified business enterprises to further divide total requirements, when economically feasible, into smaller tasks or quantities and further adjust delivery schedules, where the requirement permits, which encourage further participation by minority businesses, women’s business enterprises, and labor surplus area firms.

Review requests should be submitted on the portal, https://palmcoastgov.bonfirehub.com/portal, on the Messages Tab under Opportunity and Q&A, upon Project Opening and prior to the posted Questions Deadline.

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ABOUT PALM COAST

The City of Palm Coast, located in Flagler County on the northeast coast of Florida, is situated halfway between St.

Augustine and Daytona Beach and about 70 miles from both the Jacksonville and Orlando metropolitan areas. Palm Coast's Interstate 95 Exit 284 (at State Road 100) is the closest I-95 exit to the beach from Maine to Miami. Palm Coast covers approximately 97 square miles and is situated on 70 miles of saltwater and freshwater canals and the Intracoastal Waterway, providing residents with abundant fishing and boating opportunities.

The City of Palm Coast is one of Florida's newest cities; incorporated in 1999. Palm Coast is a full-service City government servicing over 100,000 residents. It offers a comprehensive list of services including Water/Wastewater Management, Stormwater Management, Public Works, Administration, Economic Development, Finance, Information Technology, Parks & Recreation, Fire and Human Resources. Law Enforcement Services are provided by the Flagler County Sheriff’s Office. Facilities owned and operated by the City of Palm Coast include City Hall, the Water/Wastewater Management, Stormwater Management, the Public Works yard, the Palm Coast Community Center, the Southern Recreation Center and five fire stations.

Palm Coast also provides its residents with over a dozen City parks, a tennis center, a golf course, an aquatics center, and more than 125 miles of connecting multiuse pathways for walking, running, and bicycling. Parks and other recreational amenities are open seven days a week, usually from sunrise to sunset.

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GOODS/SERVICES GENERAL REQUIREMENTS

INTRODUCTION – OVERVIEW AND OBJECTIVES

The City of Palm Coast Utility Department is seeking a firm price per Gallon or SCF for the purchase of Liquid Oxygen (LOX) to be used at City of Palm Coast Water Treatment Plant #3, located at 400 Peavy Grade, Palm Coast, Florida 32137. Quantity: approximately: 37,500 Gallons

SCOPE OF SERVICES

Acceptable Standard: Liquid Oxygen (LOX) must be 99% oxygen by volume

Total anticipated Annual Volume (not guaranteed) is approximately 37,500 gallons

Deliveries will be on an as needed basis.

Bidder Qualification/Submittals For purposes of this Bid, the term “Bidder” shall be defined as the company submitting the proposal and shall include all subsidiaries, affiliates, and subcontractors. As such, any requested documentation shall apply to all subsidiaries and affiliated companies as well as any subcontractors. In the event that a company is using a subcontractor to either manufacture or deliver the product, the requested items (e.g., references, terminations, and safety incidents) shall apply to the subcontractor as well. The term “Successful Bidder” shall be defined as the company awarded the contract.

The bidder must submit a certificate of compliance and a certified analysis, as to the composition of the product with the bid. Bidder must supply three (3) references with the bid that are from Water/Wastewater industries, and those references must be for the product the bidder is bidding on.

The Bidder shall provide a detailed listing of all accidents, incidents, releases, spills, and National Response Center Notifications (“safety incidents”) for all chemicals it delivers or manufacturers for the past five (5) years for all of its locations. Failure to disclose references or safety incidents may result in Bidder being disqualified from bidding on this product.

The successful bidder’s shipper is responsible for matching our receiving tank equipment with the proper tank truck discharge system.

The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, and unloading.

The successful bidder must supply S.D.S. (Safety Data Sheets) on the product and conduct an annual one (1) hour safety seminar on site for staff that handles this material.

The successful bidder will supply copies of the manufacturer’s shipping and handling safety procedures.

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Delivery Requirements

Contractor shall make “normal” deliveries within three (3) days after receipt of order and must make “emergency” deliveries within 24 hours. An emergency delivery is defined as a delivery which is necessary in order to prevent the Purchaser from running out of Liquid Oxygen (LOX) in less than 36 hours. Purchaser shall endeavor to minimize the number of “emergency” deliveries. Three (3) failures to supply the chemical ordered during “normal deliveries” or one (1) failure during an “emergency delivery” in the above-mentioned time frame can result in immediate termination of the contract between the vendor and the purchaser.

The Contractor shall be responsible for any spills resulting from the failure of its or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance shall require attendant delivery personnel’s constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. The Purchaser reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking.

The tanks or trailers shall be clean and free of residue that may contaminate the Contractor’s product or impede the unloading process. It is the Contractor’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of Liquid Oxygen (LOX) shall be supplied by the Contractor and shall be clean and free from contaminating material. The Purchaser may reject a load if the equipment is not properly cleaned. The Contractor shall furnish a Purchaser approved, leak-free connection device between the trailer and the Purchaser’s intake receptacle. The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to clean up any spill of product. If the spill is not cleaned up, the Purchaser will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charge to the Contractor and deducted from the amount due to the Contractor. If the Purchaser’s unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill.

Because of security and safety concerns, all delivery vehicle drivers shall be U.S. citizens and have a proper commercial driver’s license with a Hazardous Material endorsement. Contractor’s drivers shall display its driver’s license and whenever challenged by Purchaser during the delivery. In addition, Contractor shall supply purchaser a “CD” with digital photographs of all of its delivery drivers with names imposed and shall send out an updated CD within 24 hours of any changes to its drivers. Purchaser shall use the CD to verify whether driver is actually an employee of the Contractor. Failure to show proper license or failure of driver to be listed on the CD provided to Purchaser shall result in rejection of delivery and could result in termination of the Contractor’s supply agreement.

Delivery Location:

Deliveries will be between the business hours of 7:00 AM and 3:00 PM Monday through Friday with exception of holidays. F.O.B. WTP#3, 400 Peavy Grade, Palm Coast, Florida 32137.

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Bid Evaluation

The Proposal Evaluation shall consider many factors including price, product quality, previous performance, safety, reliability, and reference checks. Because of the hazardous nature of the product, strong consideration shall be given to the Bidder’s quality, safety record, reliability, and previous performance in awarding the contract for the product. If product is supplied by a 3rd party, this information must be disclosed at the time of bid.

IN THE EVENT THE SUPPLIER IS UNABLE TO SUPPLY, THE CITY OF PALM COAST RESERVES THE RIGHT TO PURCHASE

SUPPLIES FROM THE BEST AVAILABLE SOURCE.

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EQUIVALENT MATERIALS AND EQUIPMENT: Whenever materials or equipment are specified or described in the specifications by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by the City if sufficient information is submitted by Bidder as follows to allow the City to determine that the material or equipment proposed is equivalent to that named:

• Requests for review of substitute items of material and equipment will not be accepted by the City from anyone other than Bidder. If Bidder wishes to furnish or use a substitute item of material or equipment, Bidder shall indicate this action within this solicitation, make written application to the City for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified.

• All variations of the proposed substitute from that specified shall be identified in the bid and the Bidder is responsible for any expense incurred by the City from evaluation and acceptance of the proposed substitute, including claims of other Bidders affected by the resulting substitute, all of which will be considered by the City in evaluating the proposed substitute. City may require Bidder to furnish, at Bidder’s expense, additional data about the proposed substitute.

• City shall be the sole judge of acceptability, and no substitute shall be ordered without the City's acceptance.

However, City reserves the right to reject any proposed substitute which would result in an increase in contract price, and the City may require Bidder to furnish at Bidder’s expense a special performance guarantee or other surety with respect to any substitute. If approval is given, Bidder shall not be excused from performing in conformity with the requirements of the contract documents.

• Bidder assumes sole responsibility for verifying that the proposed substitute items are in accordance with the requirements of the contract documents, and that the specifications and all other features of substitute items are suitable for their intended purpose. In the event that the City determines that the Bidder's proposed equal does not meet the specifications, the successful Bidder will be required to provide the named item in the specifications or another acceptable equal at no additional cost to the City.

TECHNICAL ACCEPTABILITY OF TRADE NAME PROPOSED: In instances where the Specifications make this subject applicable, any use therein of brand names, manufacturer's makes, trade names, information and/or catalog numbers are so used for the purpose of providing description and for establishing acceptable quality levels. Such references are not intended for the purpose of placing restrictions upon Bidders (other than as to quality) and Bidders may propose and describe brands believed to be equal or better than the otherwise specified brand. Unless otherwise stated in the Specifications, if offering other than the trade name specified by the City, explain in detail the differences between the equipment proposed and the equipment specified.

Also explain what impact may be anticipated in performance of the equipment. These explanations must be provided on specification sheet or on company letterhead and attached to the bid. Contractor shall be required to provide all specifications of proposed substituted materials for City to utilize for comparison. The City shall determine if the brands offered are technically acceptable. Failure to comply may result in the rejection of the bid. All exceptions shall be stated no matter how seemingly minor. Any exceptions not taken shall be assumed by the City to be included in the bid submittal, regardless of the cost to the Bidder.

PRODUCT RESPONSIBILITY: The City reserves the right, before award, to require a Bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available, such as financial, technical, and other qualifications and abilities of the Bidder, including past performance with the City.

This information will be used to determine the Bidder’s responsibility.

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DELIVERY: Delivery time may be a basis for making of award. Delivery shall be during the normal working hours of the City, Monday through Friday, unless otherwise specified, and incorporated into contract or purchase order document. Delivery shall be to the location specified in the bid specifications. F.O.B. POINT: The F.O.B. point shall be F.O.B. destination. Bid responses showing anything other than F.O.B. Destination will not be accepted. The bid prices shall include all costs of loading, transporting and delivery to designated point(s) within the City.

PACKING SLIPS: Packing slips, ruck tickets, or other suitable shipping documents shall accompany each special-order shipment and shall show: (a) name and address of successful bidder, (b) name and address of receiving department and/or delivery location, (c) City of Palm Coast Purchase Order number, and (d) descriptive information of the equipment delivered including serial number, quantity, number of containers, etc. Packing slips and truck tickets shall be produced upon request by the City.

WARRANTY: For all major pieces of equipment, provide a manufacturer’s warranty. The Warranty period shall be for one (1) year plus time equipment is not functional to the City commencing at the time of final acceptance by the City. In the event that the bidder is unable to obtain the above warranty from the equipment manufacturer the Contractor shall obtain from the manufacturer a one (1) year warranty commencing at the time of equipment delivery to the job site. The City shall incur no labor or equipment cost during the warranty period.

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BID PROCESS

PURCHASING PROCEDURES: The Procurement and Contracting Procedures and Processes apply to this Invitation to Bid. These procedures can be found at: http://www.palmcoast.gov/procurement under Procurement Policy.

INQUIRIES/INTERPRETATIONS: All Bidders shall carefully examine the Invitation to Bid (ITB) documents. Any ambiguities or inconsistencies shall be brought to the attention of the City prior to the due date in writing through the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal); failure to do so, will constitute an acceptance by the Bidder of any subsequent award decision. In addition, the City will consider requests from qualified business enterprises to further divide total requirements, when economically feasible, into smaller tasks or quantities and further adjust delivery schedules, where the requirement permits, which encourages further participation by minority businesses, women’s business enterprises, and labor surplus area firms. Any questions concerning the intent, meaning and interpretations of the ITB documents, including the attached draft agreement, or suggestions for addenda to the ITB documents, shall be posed through the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal) during the Q&A period. Bidder should not rely on any oral statement or instructions made by any employee(s) of the City with regard to this ITB. Any oral statements or instructions given before the bid submittal due date will not be binding on the City.

ADDENDA: Should revisions to the ITB documents become necessary, the City shall post addenda n on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal). All Bidders should check the City’s Procurement Portal Web Page at least three (3) calendar days before the proposal due date to verify information regarding addenda. Failure to do so could result in rejection of the bid as unresponsive. Bidder must sign, date, and return all addenda with their bid for the submission to be deemed Responsive. It is the sole responsibility of the Bidder to obtain information related to addenda and to ensure that the bid considers all changes to the ITB documents.

ANTI-LOBBYING/CITY CONTACT: Bidders are hereby notified that all communications regarding this ITB, whether in writing, electronic, verbal, or by some other means, and whether made indirectly by third parties or directly by the Bidder, must be submitted to the City’s Procurement Portal Web Page. Except as expressly required by this ITB for formal presentations (if any), any indirect or direct communications and lobbying regarding this ITB made to members of the City Council, members of the Evaluation Committee, or any other City official, from the date of advertising until the time an award has been made, are strictly prohibited, and may constitute grounds for immediate disqualification of the Bidder’s bid.

PREPARATION COSTS: The City shall not be liable for any expenses incurred in connection with preparation of a bid. Bidders should prepare their bids simply and economically, providing a straightforward and concise description of the Bidder’s ability to meet the requirements of this ITB.

LICENSES/PERMITS: Unless expressly stated in the ITB, all permits, licenses, or fees required shall be the responsibility of the Bidder. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, City, etc.; are the responsibility of the Bidder.

CONTRACT/TERMS AND CONDITIONS: The length of the contract term will be one (1) year with two optional 1-year renewals. A draft contract template is attached to this ITB. Bidders should review the draft contract template prior to submitting a bid. If Bidder wants to negotiate modifications or additional terms and conditions to the contract, then Bidder shall raise these requested modifications or additional terms and conditions by inquiry in writing through the City’s Procurement Portal Web Page. UNLESS EXPRESSLY ACCEPTED BY THE CITY AND ISSUED BY ADDENDA, OR UNLESS THE CITY REQUIRES MODIFICATIONS, ONLY THE TERMS AND CONDITIONS IN THIS ITB DOCUMENT SHALL APPLY. NO ADDITIONAL TERMS AND CONDITIONS INCLUDED WITH THE BID SHALL BE CONSIDERED. ANY AND ALL SUCH ADDITIONAL TERMS AND CONDITIONS, ARE INAPPLICABLE TO THIS ITB, 10 | P a g e

WHETHER SUBMITTED PURPOSEFULLY, OR INADVERTENTLY, OR APPEARING SEPARATELY IN TRANSMITTAL LETTERS, SPECIFICATIONS, LITERATURE, PRICE LISTS OR WARRANTIES. IT IS UNDERSTOOD AND AGREED THAT THE TERMS AND CONDITIONS IN THESE ITB DOCUMENTS AND SUBSEQUENT ADDENDA ARE THE ONLY CONDITIONS APPLICABLE TO THE BIDDER’S SUBMITTAL, AND THE BIDDER’S SIGNATURE ON THE RESPONSE FORM ATTESTS TO

THIS STATEMENT. EXCEPTIONS TO THE TERMS AND CONDITIONS WILL NOT BE ACCEPTED.

SUBMISSIONS: Refer to Instructions to Bidders Instructions for instructions on preparation of the bid.

TIME TO RESPOND: Bids shall be submitted electronically through the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal) for receipt by the specified time and date. No other method of submission will be allowed or considered (i.e. mailed, emailed, or hand delivered). Any emailed, mailed, or hand delivered submittals will be returned to the sender and not be considered. It is strongly recommended that Bidders begin the uploading process at least ONE (1) day before Bid Deadline set forth in the Overview for sufficient time to complete the process. NO SUBMISSIONS THROUGH THE CITY’S PROCUREMENT PORTAL WEB PAGE WILL BE ALLOWED OR CONSIDERED AFTER THE SPECIFIED TIME AND DATE. For general assistance, please contact Budget and Procurement Division staff at least one business day in advance of the proposal due date. For technical questions related to the submission portal, please contact Bonfire at Support@GoBonfire.com or visit their help forum at https://bonfirehub.zendesk.com/hc.

ADDITIONAL INFORMATION/FOLLOW-UP: No additional information may be submitted, or follow-up made, by any Bidder after the stated due date, outside of a formal presentation to the Evaluation Committee, unless requested by the City.

SITE VISIT: Before submitting bids, Bidders must carefully examine the site of the proposed work, if applicable, and make all necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all work required pursuant to the mandates and requirements of this ITB. No pleas of ignorance of conditions or difficulties that may exist prior to the opening time or of conditions or difficulties that may be encountered in the execution of the work pursuant to this ITB as a result of failure to make necessary and reasonable examinations and investigations will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill, in every detail, all of the requirements of the contract documents, nor will they be accepted as a basis for any claims whatsoever for extra compensation or for any extension of time.

UNDERGROUND UTILITIES: Information provided to Bidder as to the location of existing utilities has been prepared from the most reliable data available to the City. This information is not guaranteed, however, and it shall be the Bidder’s responsibility to determine the location, character, and depth of existing utilities.

QUANTITIES: The City shall not be held to any maximum or minimum purchase quantities as a result of this solicitation or resulting contract. The City reserves the right to purchase any, all or none of its requirements from vendors awarded a contract as a result of this ITB. All quantities as shown are approximate and no guarantee is made that any materials will be purchased.

DELAYS: The City, at its sole discretion, may delay the scheduled due dates indicated if it is to the advantage of the City to do so. The City will notify Bidders of all changes in scheduled due dates by posting the notification in the form of addenda on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal).

BID WITHDRAWAL: Bidders may withdraw their bids through the City’s Procurement Portal prior to the time and date set for the bid submission deadline. Once opened, bids become the property of the City and will not be returned to the Bidders. Bidders may not assign or otherwise transfer their bid proposals prior to or after the bid opening time.

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INCOMPLETE BID/MISTAKES IN BID: Failure to sign and return any or all issued addenda, failure to return a signed and completed pricing schedule and/or failure to sign and return a completed Form 4 Compliance Certification shall be absolute disqualification of the bid as nonresponsive. Other than the pricing schedule, issued addenda, and Form 4, the City reserves the right, at City’s discretion, to reject the bid, or to request all required forms/attachments that may have not been submitted, or that may be otherwise incomplete or noncompliant in the City’s opinion. Upon request by the City, the Bidder shall have one (1) business day to supply this information to the City for the bid to be considered valid. Bidders are expected to examine the terms and conditions, specifications, delivery schedule, prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Bidder’s risk. In the event of extension or addition error(s), the unit price and extension will prevail, and the Bidder’s total offer will be corrected accordingly. Written amounts take precedence over numerical amounts. Bids having erasures or corrections must be initialed in ink by the Bidder.

PUBLIC OPENING: The bids shall be opened publicly, and the names of the Bidders shall be read aloud at that time, I, along with the total price. Persons with disabilities needing assistance to participate in the public opening should contact the City Human Resource Office ADA Coordinator at 386-986-2570 at least forty-eight (48) hours in advance of the public opening.

ACCEPTANCE / REJECTION / GROUNDS FOR DISQUALIFICATION: The City reserves the right to accept or reject any or all bids, or any part of a bid submittal for any reason and without penalty prior to or after the rankings are made by the City, and to terminate any contract negotiations commenced with any Bidder. City will make the award to those Bidders, who in the opinion of the City, will be in the best interest of or the most advantageous to the City. The City also reserves the right to reject the bid of any Bidder who has previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who, in the City's opinion, is not in a position to perform properly under this award. The City reserves the right to inspect all facilities of Bidders in order to decide as to the foregoing. The City reserves the right to waive or enforce any irregularities, informalities, and technicalities and may at its discretion, request a re-procurement. This section shall be construed liberally to benefit the public and not the Bidder. Any of the following causes may also be considered as sufficient grounds for disqualification of a Bidder or the rejection of a bid:

a) Submission of more than one bid for the same work by any entity under the same or different names.

b) Evidence of collusion among Bidders.

c) Submission of an unbalanced bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same bid.

d) Lack of responsibility as shown by past work including, but not limited to, life, safety, performance, strict adherence to all maintenance of traffic requirements, if applicable, workmanship, progress, scheduling and financial irresponsibility. The City may also consider past litigation and claim history of the Bidder as evidenced by prior frivolous claims made by Bidder in connection with other projects.

e) Delayed, incomplete or nonperformance to which the Bidder is committed under another contract which may raise concerns about the timely performance under this ITB.

f) Any Bidder that submits a bid containing information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration. Falsification of any entry made on the bid shall be deemed a material irregularity and will be grounds, at the City's option, for disqualification of the Bidder or rejection of the bid.

g) Bidders, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of submittal of the bid for the type of goods/services to be provided. Should Bidder not be fully licensed and certified, its bid shall be rejected.

h) Misrepresentation of any material fact, whether intentional or not, regarding the Bidder’s insurance coverage, policies or capabilities may be grounds for rejection of the bid and rescission of any ensuing contract.

i) Non-compliance with the submittal requirements of these Instructions to Bidders.

j) Any other evidence which may hinder or otherwise delay completion of the Project may be grounds for disqualification.

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SELECTION PROCESS AND AWARD: The award will be made to the lowest priced, responsive, responsible Bidder consistent with the process and Award Criteria herein. The City reserves the right to accept any bid or combination of bid alternates which, in the City’s judgment, will best serve the City’s interest. Pursuant to Florida Statutes § 287.05701, the City will not give preference to or request documentation of or consider a vendor’s social, political, or ideological interests when determining the vendor’s qualifications. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Bidder understands that submission of its bid constitutes Bidder’s acceptance of the terms and conditions of this ITB, including the contract template attached. However, Bidder also understands that its bid does not constitute an agreement or a contract with the City. The City reserves the right to reject all bids, to waive any formalities, to solicit and re-advertise for new bids or to abandon the project in its entirety. The right is reserved to make a separate award of each item, group of items or all items, and to make an award, in whole or in part, whichever is deemed in the best interest of the City.

a) AWARD CRITERIA: The recommendation of award will be based on, but not limited to, the following criteria:

1. The ability, capacity, and skill of the Bidder.

2. Whether the Bidder can perform/deliver promptly, or within the time specified, without delay or interference.

3. The character, integrity, reputation, judgment, and efficiency of the Bidder.

4. The quality of performance of previous contracts or services to the City of Palm Coast or any other agency or client.

5. The previous and existing compliance by the Bidder with Budget and Procurement Division procedures, the life safety requirements of the City and other laws, ordinances, and regulations.

6. The sufficiency of the financial resources and ability of the Bidder to perform/deliver.

7. The quantity, availability, and adaptability of the Bidder to perform the Agreement or service to the particular needs of the City.

8. The ability of the Bidder to retain employees for the purpose of this ITB.

9. The experience of the Bidder performing in a similar manner as required by this Agreement. Bidder must have a minimum of three (3) consistent satisfactory years and the Bidder’s Owner, Officer, or Share Holder must have the necessary required experience to submit a bid.

10. The type, structure, and experience of the local or branch management proposed.

11. Quality Control Program.

12. Contract disputes, Claims and Litigation filed by or against Bidder in the past five years that are related to the services Bidder provides in the regular course of business.

13. Reprimand of any nature or suspension by the Department of Professional Regulation or any other regulatory agency or professional association within the last five years.

14. Bidder’s response to City’s request to submit required form within twenty-four (24) hours from the

City’s request.

b) LOCAL BUSINESS PREFERENCE IN SELECTION AND AWARD: The City has a Local Business Preference

Policy, see Section 2-30 of the City of Palm Coast Code of Ordinance, designed to aid Local Vendors. The Policy allows Local Vendors (defined below) to be awarded a solicitation if their cost to the City is within 3%

- 5% (depending on amount) up to total of $20,000 (see calculation below). The City’s Local Business Preference is not applicable to any Invitations to Bid where funding will be in whole or part from any federal or state agency, or a local agency with differing or no local preference.

1. Local Vendor – For purposes of application of the Local Business Preference, a Local Vendor is a business that has its headquarters, manufacturing facility, or locally-owned franchise located in, or having a street address within, the legal boundaries of the City of Palm Coast for at least one (1) year

13 | P a g e immediately prior to this ITB. If the local business preference does not result in the Palm Coast business being awarded the ITB, then the local business preference shall be given to businesses having its headquarters, manufacturing facility, or locally owned franchise located in, or having a street address within, the legal boundaries of Flagler County for at least one (1) year immediately prior to the ITB.

Post office boxes do not qualify as a verifiable business address.

2. Calculation of Amount of Preference - Five percent (5%) of the total quoted price up to $200,000.00 as referenced on the price schedule. Three percent (3%) of the total quoted price above $200,000.00 as referenced on the price schedule. Total local business preference shall be limited to $20,000.00 for each project.

POSTING OF AWARD: Notice of Intent to Award will be posted on the City’s Procurement Portal Web Page (https://palmcoastgov.bonfirehub.com/portal) prior to City’s final approval process.

PROTEST: Protests hereunder shall be in accordance with City Code of Ordinances Chapter 2, Article 1, Division 3, Section 2-29 Bid Protest Procedures (https://library.municode.com/fl/palm_coast).

PUBLIC RECORDS: Upon Notice of Intent to Award or thirty (30) days after opening, bids become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. To seek exemptions from public records disclosure, Bidders must i) invoke exemptions provided by law in their submittals, ii) identify the data or other materials to be protected, and iii) state the reasons why such exclusion from public disclosure is necessary.

The City cannot guarantee the confidentiality of any document.

BIDS TO REMAIN FIRM: All bids shall remain firm for a minimum of one-hundred and twenty (120) days after the day of the opening to allow for the evaluation, selection process and proper execution of the contract. If need be, the Bidder and the City may mutually agree to extend that time up to an additional ninety (90) days.

MULTIPLE SUBMISSIONS: More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is involved in more than one bid will be cause for rejection of all bids in which such Bidder is believed to be involved. Any or all bids will be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to rejection.

NON-APPROPRIATION OF FUNDS: In the event that insufficient funds are appropriated and budgeted or funding is otherwise unavailable in any fiscal period for this ITB, the City shall have the unqualified right to terminate the purchase or work Order(s) or contract upon written notice to the Bidder, without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular work or any project(s) will be assigned to any bidder(s).

GOVERNMENTAL RESTRICTIONS: In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the Bidder to notify the Budget and Procurement Division at once in writing, indicating the specific regulation which requires an alteration, including any price adjustments. The City reserves the right to accept such alteration or to cancel the contract or purchase order at no further expense to the City.

PATENTS AND COPYRIGHTS: The Bidder shall indemnify and save harmless the City, its employees and any of its Board Members from liability of any nature or kind, including cost and expenses for or on account of, or for infringement of, patent rights, copyrights, or other intellectual property rights. Further, if such a claim is made, or is pending, the Bidder may, at its option and expense, procure for the City the right to use, replace or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the City agrees to return the

14 | P a g e article, on request, to the Bidder, and receive reimbursement. If the Bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the bid includes all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.

PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL AGENCIES: The City of Palm Coast hereby permits the successful Bidder to extend the pricing, terms and conditions of this solicitation and resultant contract to other governmental entities at the discretion of the successful Bidder. Each governmental agency desiring to accept the successful bid, and make an award thereof, shall do so independently of any other governmental agency.

Each governmental agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no governmental agency assumes any liability by virtue of the award by any other governmental agency.

ADVERTISING: In submitting a bid, Bidder agrees not to use the results as a part of any commercial advertising, without the express written approval of a City employee with the appropriate level of authority.

CITY LOGO: Bidders are approved to use the City logo in their submission materials and presentations in response to this ITB. No other use of the City Logo by Bidders is authorized.

DEBARMENT: Following award, where the successful Bidder’s services are subsequently terminated for cause, the City reserves the right to suspend/debar the successful Bidder from submitting bids on City procurements/contracts for a period of up to 36 months and/or pursue any and all other remedies available to the City.

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INSTRUCTIONS TO BIDDERS

BID SUBMITTAL

The Bidder must submit a bid that substantially complies with this ITB document in all material aspects. All bid submittals must contain direct responses to the requested information which can be found on the Required Forms attached and as otherwise outlined in this ITB. The response should be organized so that specific questions being responded to are readily identifiable and in the same sequence as outlined below. Bidders are advised that lengthy or overly verbose or redundant submissions are not necessary. Bidders are advised to carefully follow these Instructions to Bidders in order to be considered fully responsive to this ITB. Compliance with all requirements will be solely the responsibility of the Bidder. Bid prices must be submitted on the required forms. Bidders shall submit all required forms through the process outlined in the Preparing and Uploading Submission section below. By submitting a response, the Bidder warrants that its bid is correct.

INSURANCE

Bidders shall have insurance coverage that complies with the Insurance Requirements set forth in the Contract Template attached to this ITB. Proof of insurance shall be furnished to the City prior to final execution of the contract.

BID SECURITY

A security is ☐ required, or ☒ not required for this ITB. If a security is required, a bond shall accompany each bid if the bid amount is one-hundred thousand dollars ($100,000) or greater. The certified check, cashier’s check or bond shall be for an amount not less than five percent (5%) of the bid price/cost and shall be made payable to the City as a guarantee that the bidder will not withdraw its bid for a period of one hundred twenty (120) days after the bid closing time and, upon award, will execute a contract with the City.

CONFIDENTIAL MATERIALS

Any materials that Bidder claims qualify as “trade secrets” under the Public Records Act shall be segregated, clearly labeled “trade secrets”, and accompanied by an executed Non-Disclosure Agreement for Confidential Materials.

WARRANTY AGAINST FRAUD AND COLLUSION

By submitting a bid in response to this ITB, the Bidder warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this business and the resulting contract, and that the Bidder has not paid, or agreed to pay, any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the resulting contract. For the breach or violation of this provision, the City shall have the right to disqualify the bid and terminate the Agreement at its sole discretion, without liability, and to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

By submission of a bid, Bidder affirms that its bid is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Bidder agrees to abide by all conditions of this ITB and the resulting contract.

REQUIRED FORMS

The bid submittal response shall include the required forms which are available at the end of this Bid Manual.

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PREPARING AND UPLOADING SUBMISSION

1. PREPARE YOUR SUBMISSION MATERIALS:

Requested Information:

Name Type # Files Requirement

Price Schedule File Type: PDF (.pdf) Multiple Required

References File Type: PDF (.pdf) Multiple Required

Addendum 1 (If issued) File Type: PDF (.pdf) Multiple Required

CoPC Required Forms 1 - 8 File Type: PDF (.pdf) Multiple Required

List of Safety Incidents (Last Five Years)

File Type: PDF (.pdf) Multiple Required

List of Subcontractors or Affiliates

File Type: PDF (.pdf) Multiple Optional

• Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

• Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

2. UPLOAD YOUR SUBMISSION AT: https://palmcoastgov.bonfirehub.com/opportunities/219871

Important Notes:

• Each item of Requested Information will only be visible after the Closing Time.

• Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

• Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox.

Javascript must be enabled. Browser cookies must be enabled.

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CLAIMING LOCAL PREFERENCE

Are you claiming Local Preference with your solicitation submission?

NO ☐

YES ☐

If YES is marked above, provide proof with your submittal that you are meeting the local business preference requirements in Section 2-30 of the City of Palm Coast Code of Ordinances as follows:

(1) To qualify as a Palm Coast person, firm and/or corporation, a vendor must have its headquarters, manufacturing facility, or locally owned franchise located in, or having a street address within, the legal boundaries of the City of Palm Coast for at least one year immediately prior to the request for a quote or formal bid solicitation (post office boxes do not qualify as a verifiable business address).

(2) To qualify as a Flagler County person, firm and/or corporation, a vendor must have its headquarters, manufacturing facility, or locally owned franchise located in, or having a street address within, the legal boundaries of Flagler County for at least one year immediately prior to the request for a quote or formal bid solicitation (Post office boxes do not qualify as a verifiable business address).

The foregoing requirements can be met by providing a utility bill, lease agreement, Florida Division of Corporations registration of the company’s principal address, or some other similar documentation with the required timeframe.

FAILING TO PROVIDE THE REQUIRED DOCUMENTATION WILL RESULT IN THE CITY NOT APPLYING THE LOCAL

BUSINESS PREFERENCE TO YOUR SUBMISSION.

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PRICE SCHEDULE

Company Name of Bidder

Mailing Address

City, State, ZIP

Price in US Dollars: $ _______________________________________________________________

Price written out: _________________________________________________________________ Prices shall include all applicable taxes.

Pursuant to and in compliance with the Invitation To Bid, and the other documents relating thereto, the undersigned Bidder, having familiarized himself/herself with the terms of the Contract Documents, local conditions affecting the performance of the work, and the cost of the work at the places where the work is to be done, hereby proposes and agrees to deliver materials/services in a workmanlike manner and in strict conformity with Invitation to Bid requirements, including any addenda, and Contract Documents, for the amount set forth above. Taxes, customs, and tariffs on commodities or contractual services purchased under the contract will not be assessed against the City of Palm Coast unless mandated by State or Federal Law.

Authorized Signatory Date

Name

Title

Description Unit Price Quantity Required Extended Price

Liquid Oxygen (LOX) $

Hourly Rate, when required

TOTAL PRICE $

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REFERENCES – OTHER THAN THE CITY OF PALM COAST

Bidder shall provide a minimum of three (3) references for which they are currently providing, or have provided, this type of service/commodity.

REFERENCES CANNOT INCLUDE CURRENT CITY EMPLOYEES. FAILURE TO MEET THIS REQUIREMENT MAY RESULT

IN DISQUALIFICATION AND YOUR SUBMISSION DEEMED NON-RESPONSIVE.

REFERENCE 1

Company Name

Contact Name and Title

Phone Number

Email Address Duration of Contract or Business Relationship:

REFERENCE 2

Contact Name and Title

Phone Number

Email Address

Duration of Contract or Business Relationship:

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REFERENCE 3

Contact Name and Title

Phone Number

Email Address

Duration of Contract or Business Relationship:

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FORM 1- CONFLICT OF INTEREST STATEMENT

STATE OF FLORIDA )

) ss

City of Palm Coast )

Before me, the undersigned authority, personally appeared __________________________________________, who was duly sworn, deposes, and states:

1. I am the ________________________________ of _____________________________________ (the “entity”) with a local office in ______________________________ and principal office in

2. The above named entity is submitting a bid to the City of Palm Coast.

3. The Affiant has made…