Q & A.pdf

Florida Department of Transportation

RON DESANTIS

GOVERNOR

605 Suwannee Street

Tallahassee, FL 32399-0450

JARED W. PERDUE, P.E.

SECRETARY

www.fdot.gov

Bid Questions and Responses

October 20, 2026

DOT-ITB-27-3003-SC

Liquid Deicer

DOT-ITB-27-3004-SC

Deicer Pellets

1. In each ITB, the Purchase Order Terms item 4D, "PERFORMANCE AND PAYMENT BOND. (Select as appropriate)", has neither "No Bond required." nor the surety option checked. Is a performance and payment bond required on either award?

Response: No bond is required.

2. Can FDOT please confirm if liability insurance is required?

Response: Liability insurance is not required for commodity purchases.

3. Can you please confirm a NO bond is required?

Response: No bond is required.

4. Would FDOT please clarify if the initial term and renewal period is a total of 3 years or is the 3-year renewal after the initial term?

Response: The initial term is 12 months from the date of award. The contract may be renewed for up to an additional 24 months if both parties agree. The contract cannot exceed a total of 36 months.

5. Would FDOT consider price adjustments in the option years due to actual changes in raw materials?

Response: Per Section 28) Price Adjustments of the ITB, price adjustments will not be allowed.

6. Would FDOT please clarify they are NET30?

Response: See Compensation and Payment section of the PO Terms and Conditions attached to the ITB.

7. Do you have technical details on the tanks that the department requires?

Response: 275-Gallon Totes

8. Would FDOT please provide historical usage from the last 5 years?

Response: Winter weather dependent, some years we can’t get enough.

9. Would FDOT consider adding the below clauses to the contract? (Please see below the response).

Response: Indemnity Language and Force Majeure language in PUR 1000 which is incorporated by reference in Section 36.1 General Contract Conditions of the ITB.

“Force Majeure” means Act of God, strike, lockout or other inductrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, storm, flood, explosion, blackout, orders of any kind of the government of the United States of American, the State or municipality or any of their departments, agencies, or officials, order of any civil mility authority, unavailability of product or equipment, breakage or accident to machinery, transmission pipes or canals, partial or entire failure or utilities, and any other cause which is not reasonably within the control of the party claiming suspension of any of its obligations hereunder.

Force Majeure: If any party is rendered unable, in whole or in part, because of an event of Force Majeure, to carry out any of its obligations under this Agreement, such party shall give the other party prompt written notice such event of Force Majeure with as full a description of the particulars as is reasonably practicable. The affected party shall use all possible diligence to remove the Force Majeure on the other party. Except for the failure to fulfill its obligations set forth in the immediately preceding sentence, neither party shall be liable for nonperformance or delay in performance caused by an event of Force Majeure of which such party has properly given notice. This sections shall not apply to payment of indemnification obligations.

“Warranty” The Vendor warrants that the products to be delivered hereunder shall conform to the specifications attached hereto; and upon receipt of payment therefore, shall be free from any security interest or encumbrance. The Vendor disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event shall the Vendor be liable to the Buyer or to any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages (including without limitationlost profits, lost savings, or loss of business opportunity) arising out of or relating to the deicer, or the use or inability to use the same, even if the Vendor has been advised of the possibility of such damages.

Indemnity:

a) Customer shall protect, indemnify, defend and hold harmless Company, its affiliates and their respective officers, agents, shareholders, partners, members, employees, representatives, consultants, advisors and assigns (collectively the “Company Indemnified Parties”) from and against any an all Losses incurred or suffered by any Company Indemnified Party arising out of, incidental to or incurred in connections with (i) any spill, release, or leakage of Product following transfer of risk of loss or (ii) injurt to or death of persons, including employees of Customer or any loss of or physical damage to the property of any Company Indemnified Part or any third parties, in either case to the extent arising out of or resulting from the intentional or negligent acts or omissions of Customer, its subcontractors, or any person or entity directly employed by any of them, or any person or entity for whose acts any of them are liable during performance of Customer’s obligations under this Agreement. In no event shall Customer be responsible for loss or damage caused by the sole negligence of Company, its parent, their subsidiaries or affiliates or the agents and employess of any of them. Customer shall not settle any such claims or actions in a manner which would require any action or forbearance from action by any Company Indemnified Party without the prior written consent of such Company Indemnified Part, which consent may not be unreasonably withheld.

b) Company shall protect, indemnify, defend and hold harmless Customer, its affiliates and their respective officers, agents, shareholders, partners, members, employess, representatives, consultants, advisors and assigns (collectively the “Customer Indemnified Parties”) from and against any and all Losses incurred or suffered by any Customer Indemnified Party arising out of, incidental to or incurred in connections with (i) any spill, release, or leakage of Product following transfer of risk of loss or (ii) injury to or death of persons, including employees of Customer or any loss of or physical damage to the property of any Customer Indemnified Party or third parties, in either case to the extent arising out of or resulting from the intentional or negligent acts or omissions of Company, its subcontractors, or any person or entity for whose acts any of them are liable during performance of Company’s obligations under this Agreement. In no event shall Company be responsible for loss or damage caused by the sole negligence of Customer, its parent, their subsidiaries or affiliates or the agents and employees of any of them. Company shall not settle any such claims or actions in a manner which would require any action or forbearance from action by any Customer Indemnified Party without the prior written consent of such Customer Indemnified Party without the prior written consent of such Customer Indemnified Party, which consent may not be unreasonably withheld.