2634ITB_-_Halifax_Harbor_Marina_Fuel.pdf

1. INTRODUCTION

The City of Daytona Beach is hereby soliciting responses from interested parties to provide the Halifax

Harbor Marina with 89 octane unleaded gasoline and #2 Ultra-low dyed sulfur diesel.

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.

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.

Issue Date: Thursday, June 18, 2026

1.2. Background

Fueling facility is located at 450 Basin Street, Daytona Beach, FL 32114, has 300’ of fuel docks, two (2) gasoline and two (2) diesel pumps, and two (2) 10,000 gallon in-ground tanks. All equipment is owned by the Marina. Fuel sales are conducted from a Harbormaster’s building. Approximately 430 slips are located in the South Basin, and an additional 120 slips are located in the North Basin.

https://procurement.opengov.com/portal/codb https://www.codb.us/841/Purchasing https://procurement.opengov.com/portal/codb/projects/258800/document?section=2478128

Invitation For Bid #2634ITB Title: 2634ITB - Halifax Harbor Marina Fuel

The City has historically purchased approximately 110,000 gallons per year of the Unleaded Gasoline and

125,000 gallons per year of #2 Ultra Low Dyed Sulfur Diesel. Historically contractors have been asked to deliver approximately 4,000-5,000 gallons of fuel with each delivery. But this information is historical only and any Contractor awarded a contract pursuant to this Invitation to Bid (ITB) will be required to supply whatever quantities of these fuels are needed at the Halifax Harbor Marina while the Contract is in effect.

1.3. Contact Information

Abigail Brock

Purchasing Agent

301 S. Ridgewood Ave.

Suite 146

Daytona Beach, FL 32115

Email: brockabigail@daytonabeach.gov

Phone: (386) 671-8080 Ext: 8082

Department:

Business Enterprise Management

1.4. Timeline

Release Project Date June 18, 2026

Pre-Bid Meeting (Non-Mandatory) June 26, 2026, 10:00am

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Question and Request for Interpretation

Submission Deadline

July 16, 2026, 5:00pm

Proposal Submission Deadline July 23, 2026, 2:00pm

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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:

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.

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Bid means Solicitation Submission, 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.

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 commodities shall mean goods.

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 the supplies, materials, commodities, 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.

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 Submission, 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.

Proposal means Solicitation Submission, or Bid, 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.

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, Consultant, Respondent, Supplier or Proposer to whom the Contract is awarded.

3. SCOPE OF SERVICES

3.1. Scope of Services

The City of Daytona Beach is seeking bids for the purchase of the following types of marine fuels (for off-road use) for resale at the Halifax Harbor Marina:

A. Unleaded Gasoline, 89 Octane rating. Must meet the specifications of the State of Florida, Department of Agriculture and Consumer Services, with minimum octane rating of: R + M/2 =

89. Non-ethanol Detergent type. E-10 is not acceptable.

B. #2 Ultra Low Dyed Sulfur Diesel - Must be suitable for use in diesel engines and free from water and foreign matter. Must meet or exceed State of Florida, Department of Agriculture and

Consumer Services specifications.

C. Additional Requirements:

1. Gravity: 36.1

a. Minimum Cetane: 45

2. Flash: 145 Degree

a. Maximum Sulfur Content: .015% Viscosity at 100 Deg. 30 to 45

3. 5% bio diesel in the diesel fuel will not be accepted.

4. ValvTect Fuel Additive must be added to both gasoline and diesel fuel with every fuel delivery.

Should the aforementioned fuels, when samples have been analyzed by the State of Florida inspectors, fail to meet the above-cited specifications, the City has the right to reject fuel deliveries, and the

Contractor will be required to correct these deficiencies promptly and at their expense.

3.2. Background/Facilities

Fueling facility is located at 450 Basin Street, Daytona Beach, FL 32114, has 300’ of fuel docks, two (2) gasoline and two (2) diesel pumps, and two (2) 10,000 gallon in-ground tanks. All equipment is owned by the Marina. Fuel sales are conducted from a Harbormaster’s building. Approximately 430 slips are located in the South Basin, and an additional 120 slips are located in the North Basin.

The City has historically purchased approximately 110,000 gallons per year of the Unleaded Gasoline and

125,000 gallons per year of #2 Ultra Low Dyed Sulfur Diesel. Historically contractors have been asked to deliver approximately 4,000-5,000 gallons of fuel with each delivery. But this information is historical only and any Contractor awarded a contract pursuant to this Invitation to Bid (ITB) will be required to supply whatever quantities of these fuels are needed at the Halifax Harbor Marina while the Contract is in effect.

3.3. Delivery

Shipping terms will be FOB Halifax Harbor Marina, located at 450 Basin Street, Daytona Beach, FL 32114.

The awarded Contractor must be able to maintain bulk fuel storage facilities within an 80-mile radius of

Halifax Harbor Marina.

Title and risk of loss of the fuel will not be deemed to pass until delivery has been made into the Marina's fuel tanks.

Delivery Hours are 8 AM and 5 PM, 7 days a week. The Contractor shall provide requested amounts and types of fuel within 24 hours of order placement, including weekends and holidays, unless specified otherwise by the City. The quantity will depend upon the need at the time of the request.

The Contractor will determine how they deliver the fuels whether by tanker, or wagon. The Contractor will be required to maintain back-up transportation capacity in the event of equipment failure.

Gasoline and diesel fuels are vital to the operation of the Marina and to the City and are required during emergency situations such as hurricanes and other catastrophes, whether manmade or natural. Time is of the essence during emergency situations, and the Contractor shall provide emergency contact information to the City and Marina staff to ensure staff can order and receive gasoline and/or diesel fuel at any time or day, and guarantee delivery within twelve (12) hours during an emergency or during low-fuel situations.

The City will have the authority to reject fuel deliveries from Contractor if fuel quality does not meet

Marina specifications or quality standards.

The Contractor will be required to provide Marina documentation confirming that fuel being delivered meets the requested ethanol-free and biodiesel-free as specified upon request of Marina.

3.4. Compensation

The Bid price will consist of the OPIS Gross Daily Rack average posting from Jacksonville, FL, plus the firm

"mark-up" per gallon. The "mark-up" will remain firm during the period of the contract agreed upon, and will include profit, overhead, delivery charges, and all other costs incurred by the Contractor, with the exception of taxes.

Rack Rate: Fuel cost to the Contractor at the terminal. A copy of the Contractor's invoice must accompany the marina's invoice.

A. Award will be made to the lowest responsive and responsible bidder that has the lowest "mark-up" price.

B. Bid price shall exclude all state taxes. The City of Daytona Beach is exempt from State Sales

Taxes. All other taxes on fuels shall be listed as a separate line item on all invoices. The Contractor may list taxes separately in each case directly below the respective bid price. Tax exemption certificate will be furnished to the awarded Contractor upon request.

The Contractor will be required to include with each invoice, a copy of the invoice/receipt for Contractor's purchase of the fuel from the terminal, broken down in sufficient detail to verify the Rack Rate.

The award will be made to the lowest responsive and responsible bidder that has the lowest "mark-up" price. A calculation based on the average annual order for each type of fuel using an OPIS Rack Rate

Average of $4.67 (3/31/2026) for #2 Ultra Low Sulfur Diesel and $4.38 (3/31/26) for 89 Octane Ethanol

Free Unleaded Fuel.

• #2 Ultra Low Sulfur Diesel = 4.67 + ("mark-up") x 125,000 =

• Unleaded = 4.38 ("mark-up") x 110,000 =

3.5. Shortage of Supply

In the event of a shortage of the required fuel, whether imposed by governmental agency or by market conditions, the Contractor must deliver to Halifax Harbor Marina the highest quota available of the fuels allocated by the supplier to the Contractor.

3.6. Safety Regulations

Compliance with Occupational Safety and Health

Contractor shall certify that all material, equipment, etc., contained in their offers meet all Occupational

Safety and Health Administration (OSHA) requirements.

Contractor further shall certify that, if awarded the contract, and the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Vendor.

In compliance with Chapter 42, Florida Statutes, a Material Safety Data Sheet (MSDS) shall accompany any item delivered under a contract from this solicitation. The MSDS shall include the following information:

A. The chemical name and the common name of the toxic substance.

B. The hazards or other risks in the use of the toxic substance, including;

1. The potential for fire, explosion, corrosiveness, and reactivity.

2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by the exposure to the toxic substance; and

3. The primary route of entry and symptoms of over exposure.

C. The proper precautions, handling practices, necessary personal protective equipment and other safety precautions in the use of or exposure to the toxic substances, include appropriate emergency treatment in case of over exposure.

D. The emergency procedure for spills, fire, disposal, and first aid.

E. A description in lay terms of the known specified potential health risks posed by the toxic substance intended to alert any person reading this information.

F. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

4. INSTRUCTIONS TO BIDDERS

THESE INSTRUCTIONS ARE STANDARD FOR ALL BID SOLICITATIONS 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 and all other Forms to be completed 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.

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

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. 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.

4.4. 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.

4.5. 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.

4.6. AMENDMENT AND WITHDRAWAL OF BID PRIOR TO BID OPENING

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.

4.7. 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 an Offer

(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, Contractor, 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.

4.8. BID OPENING

The 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 the 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.

4.9. 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.

4.10. 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. A tax exemption certificate will be furnished upon request.

4.11. BID PRICE INCLUSIVE OF COSTS

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

OF WORK.

https://procurement.opengov.com/portal/codb/projects/258800/document?section=2478128 https://procurement.opengov.com/portal/codb/projects/258800/document?section=2478128 https://procurement.opengov.com/portal/codb/projects/258800/document?section=2478135 https://procurement.opengov.com/portal/codb/projects/258800/document?section=2478135

4.12. 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.

4.13. 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.

4.14. 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.

4.15. 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.

4.16. LOCAL VENDOR 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.

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 check YES to applicable question within

Required Forms and Documents Section. A Bidder who fails to check YES to this question 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.

4.17. 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).

4.18. 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.

4.19. PIGGYBACK AUTHORITY

All Bidders 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 is made for differences in delivery costs.

4.20. CRA MAY AWARD PURCHASE ORDERS ISSUED PURSUANT TO CONTRACT

In the case of a continuing 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.

4.21. 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.

4.22. POST-AWARD SUBMITTAL REQUIREMENTS

Within 15 business days after the City’s issuance 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. 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.

4.23. E-VERIFY

E-Verify. - The Bidder (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

Bidder certifies that it is registered with, and uses, the E-Verify system for all newly hired employees. The

Bidder 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 Bidder 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 Bidder has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Bidder 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 Bidder 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.

4.24. 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, CONTRACTOR 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.

5. SPECIAL PROVISIONS

5.1. EFFECTIVE DATE AND TERM

The Effective Date of the Contract is the date on which the last Party signs it. The successful Contractor shall be awarded a Contract for an initial three (3) years, commencing on the effective date.

The City will have the option to renew the Contract up to two (2) Terms of one (1) year, by providing

Contractor written notice. Such notice must be provided at least 60 days before the end of the current

Term, unless waived by Contractor.

5.2. BIDDER QUALIFICATIONS AND REQUIRED SUBMISSIONS. Minimum

Qualifications

In order to be considered qualified to provide the requested Commodities, the Contractor must have an active, permanent, and successful operation for a minimum of three years prior to the date of submission of Bid, and must otherwise have sufficient organizational capacity, equipment, and facilities to provide the requested Commodities.

5.3. 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: a certified or cashier's check, an irrevocable letter of credit, or money order. Any Bond Security provided must be in the original form; copies are unacceptable. 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 or provided by the City 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.

A 10% Bid Bond is required for all Construction projects. An AIA Bid Bond is acceptable. A fully executed, signed copy MUST be submitted with bid submission. The hard copy is to be mailed to and received by

The City of Daytona Beach Purchasing Department PRIOR to the stated bid deadline.

The Address is as follows:

The City of Daytona Beach

ATTN: Purchasing Department

301 South Ridgewood Ave., Room 146

Daytona Beach, FL 32114

6. INDEMNIFICATION AND INSURANCE

Indemnification.

CONTRACTOR will indemnify and hold harmless the CITY, including the CITY’s officers, employees, and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the CONTRACTOR’s negligent acts or omissions, or reckless or intentionally wrongful conduct in the performance of this Contract. For purposes of this Section, the term, “CONTRACTOR,” includes CONTRACTOR’s officers, employees, and agents, including subcontractors and other persons employed or used by CONTRACTOR. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this agreement or otherwise.

Insurance.

CONTRACTOR will provide and maintain at CONTRACTOR’s own expense, at a minimum, insurance of the kinds of coverage and in the amounts set forth in this Section. All such insurance will be primary and non-contributory with the CITY’s own insurance. In the event any request for the performance of services presents exposures to the CITY not covered by the requirements set forth below, the CITY reserves the right to add insurance requirements that will cover such an exposure. Unless specifically waived hereafter in writing by the CITY, CONTRACTOR agrees that the insurer(s) shall waive its rights of subrogation, if any, against the City on each of the required insurance coverages in this section.

(a) Coverage and Amounts.

(1) Workers Compensation Insurance as required by Florida Statutes, Chapter 440, Workers’

Compensation Insurance, for all employees of CONTRACTOR, employed at the site of the service or in any way connected with the work, which is the subject of this service. The insurance required by this provision will comply fully with the Florida Workers’ Compensation Law and include Employers’ Liability Insurance with limits of not less than $500,000 per occurrence. Any associated or subsidiary company involved in the service must be named in the Workers’ Compensation coverage.

(2) Liability Insurance, including:

(i) Commercial General Liability coverage for operations, independent contractors, products-completed operations, broad form property damage, bodily injury, and personal injury on an "occurrence" basis insuring CONTRACTOR and any other interests, including but not limited to any associated or subsidiary companies involved in the work; and

(ii) Automobile Liability Insurance, which will insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle used by the CONTRACTOR in the performance of this Contract.

The limit of liability for each policy will be a combined single limit for bodily injury and property damage of no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, then the aggregate will be in an amount of no less than $2,000,000. The Risk Manager may authorize lower liability limits for the automobile policy only, at the Risk Manager’s sole discretion.

THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY WILL NAME THE CITY AS AN ADDITIONAL

INSURED. CONTRACTOR’S Commercial General Liability insurance policy shall provide coverage to

CONTRACTOR, and CITY when required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG

00 01) without the attachment of any endorsements excluding or limiting coverage for

Products/Completed Operations, Independent Contractors, Property of CITY in Contractor’s Care, Custody or Control or Property of CITY on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage, Contractual Liability or Separation of Insureds). When CITY is added as additional insured by endorsement, ISO Endorsements CG 20 10 and CG 20 37 or their equivalent shall be used to provide such Additional Insured status.

(3) Contractors Pollution Liability in the amount of $5,000,000 Per Occurrence, $5,000,000 Annual

Aggregate. Such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations of the contractor including transportation.

The City of Daytona Beach shall be…