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Basic Information

Reference Number

0000378652

Issuing Organization

City of Mary Esther

Solicitation Type

RFB - Request for Bid (Formal)

Solicitation Number

2025-01

Title

Cold Applied Pavement Product

Source ID

PU.AG.USA.1495.C14358576

Details

Location

United States, Florida, Okaloosa County

Delivery Point

195 N Christobal Rd
Mary Esther, Florida
United States 32569

Piggyback Contract

Description

CITY OF MARY ESTHER, FLORIDA
REQUEST FOR BIDS (RFB) 2025-01
Cold Applied Pavement Product includes Sand seals, fog seals, and slurry seals. Materials only bid.

NOTICE FOR BIDS
The City of Mary Esther (the City) hereby gives notice of the following Request for Bids (RFB) from qualified vendors for cold applied pavement products that can be applied with a Spray/Squeegee Machine.
Bids will be received by Dillon Morris, City Clerk, electronically at dmorris@cityofmaryesther.com, or delivered to Mary Esther City Hall, 195 Christobal RD N. Mary Esther, FL 32659, no later than March 19, 2025, at 2:30 p.m. CST. Late submissions will not be considered.
Paper and electronic submittals will be publicly opened, and receipt acknowledged immediately thereafter. The bids and other information should be submitted in strict compliance with the directives provided in this RFB. The City is under no obligation, either express or implied, to reimburse responding vendors for any expenses associated with preparing and submitting the RFB.
Submittal documents may be downloaded online from the City’s website at www.cityofmaryesther.com/bids or picked up at Mary Esther City Hall, at the address below starting on March 4, 2025.

Electronic Bids will only be accepted when submitted via email to the City Clerk at dmorris@cityofmaryesther.com with the subject line “RFB 2025-01, Cold Applied Pavement Products”. All pricing information should be included as an attachment to the email. The attachment shall remain unopened until the bid opening date and time. DISCLOSURE OF ANY PRICING WITHIN THE SUBJECT LINE OR BODY OF THE EMAIL WILL DISQUALIFY THE BID FROM CONSIDERATION.
Alternatively, one original hard copy or one electronic copy (USB flash drive preferred) may be delivered to the City Hall Office at the address below. All hard copy bids must be sealed and clearly marked with “RFB 2025-01, Cold Applied Pavement Products” on the package. Receipt of a Bid by any Mary Esther office, receptionist, or personnel other than the City Hall’s front desk does not constitute “receipt” as required by this RFB. The time the bid was received at City Hall shall be conclusive as to the timeliness of receipt.
The City of Mary Esther is requesting bids for various cold applied seal coats, slurry seals, and fog seals. Bidders should submit bids using the following format: (see attachment).

Bidders are welcome to include various types of sealers and pavement treatments that can be applied cold with spray or squeegee methods. Bid should be good for 90 days. The City of Mary Esther plans to use 8,000-12,000 gallons per year for the next 5 years. If bidders would like to make this a 5-year bid, please include CPI index to be used for prices past the first year.

Bids must include the following information to be considered complete:

Detailed specification of the product being bid.
Availability of the product and the location of the product.
References are encouraged.
Warrantee information.

All paper bids shall be sealed and delivered or mailed to:
City of Mary Esther City Hall
ATTN: City Clerk
195 Christobal Road N.
Mary Esther, FL 32659

The City of Mary Esther encourages all segments of the business community to participate in its procurement opportunities, including small business, minority/women owned businesses, and disadvantaged business enterprises. The City does not discriminate based on race, color, religion, national origin, disability, sex, or age in the administration of contracts.
All questions regarding the bid documents shall be directed to the City of Mary Esther City Clerk, Dillon Morris, by email at dmorris@cityofmaryesther.com. Contact with any other City official or City employee for the purpose of inquiries regarding this bid or the meaning or interpretation of these specifications may be grounds for disqualification. The deadline to submit questions is Friday, March 19, 2025, at 10:00 a.m. CDT.
The City reserves the right to accept or reject any and all bids in whole or in part, to waive informalities in any bid documents, to obtain new bids, or to postpone the opening of bids, or if unable to negotiate a satisfactory contract to terminate all negotiations under the bid and proceed by whatever appropriate means the City may elect. Each bid shall be valid to the City for a period of ninety (90) days after opening.
The City of Mary Esther adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to the bid opening by a physically handicapped person upon notice 48 hours prior to the meeting. Please call City Clerk, Dillon Morris, at (850) 362-6855, or email at dmorris@cityofmaryesther.com to make a request.

TERMS AND CONDITIONS
ADDENDUM: If it becomes necessary to revise or amend any part of this RFB, the City’s City Clerk will furnish the revision by written Addendum. Addenda information will also be posted online at the City of Mary Esther website: www.cityofmaryesther.com/bids. Bidders are solely responsible to ensure they have received all addenda(s) prior to submitting their proposal.

ANTI-DISCRIMINATION: The Bidder certifies compliance with the non-discrimination clause contained in Section 202. Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin.

AWARD: The City shall award the contract to the lowest fully responsive and responsible Bidder(s); provided that the City may award the contract to a Bidder(s) other than the lowest Bidder should it find the lowest Bidder(s) does not offer the reliability, quality of service or product afforded by such other Bidder(s). The City reserves the right to issue multiple awards if it is in the City’s best interest.

BIDDER ACKNOWLEDGEMENT: By submitting a bid/proposal, the Bidder certifies and or acknowledges that they have full knowledge of the scope, nature, quality of product to be provided, and/or quality of work to be performed.
Submission of a bid/proposal indicates acceptance by the individual or vendor of the conditions contained in this RFB, unless clearly and specifically noted in the RFB submitted and confirmed in the contract between the City Mary Esther and the individual or vendor selected.

BIDDER EXPENSES: The City is not responsible for any expenses that a Bidder may incur in preparing and submitting a bid/proposal called for in this request. The City will not pay for any out-of-pocket expenses, such as word processing, photocopying, postage, per diem, travel expenses and the like, incurred by the Bidder. The City will not be liable for any costs incurred by the Bidder in connection with any interviews/presentations (i.e., travel, accommodations, etc.).

CONFLICT OF INTEREST: The award of any Contract hereunder is subject to the provision of Chapter 112, Florida Statutes. Bidders must disclose with their bid/proposal the name of any officer, director, partner, proprietor, associate, or agent which is also an officer or employee of the City or of its boards or committees. Bidders must disclose the name of any officer or employee of the City who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s organization or any of its branches or affiliate companies.

DEFAULT/FAILURE TO PERFORM: The City of Mary Esther shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder to accept the award, to furnish required documents, and/or fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder to meet any terms of this agreement, the Purchasing Division will provide the Bidder with three (3) days’ notice (weekends and holidays excluded) to remedy the default. Failure on the Bidder’s part to correct the default within the required three (3) days shall result in the contract being terminated, upon the Purchasing Manager notifying the Bidder of its intentions and the effective date of the termination. The following shall constitute default: The City of Mary Esther may terminate the Contract if the Bidder fails to (1) deliver the product or services within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement.

DEVIATION FROM SPECIFICATION: Any deviation from specifications must be clearly stated, explained in detail, and accepted by the City Manager in writing. Otherwise, items offered are expected to be in strict compliance with specifications and the successful Bidder shall be held accordingly.

DOING BUSINESS WITH THE CITY. When a vendor is awarded a contract with the City, the City will request a copy of the vendor’s completed W-9 to register the vendor in the City’s financial system for invoice processing and payment.

INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to the Purchasing Manager. Interpretations that may affect the eventual outcome of this Bid will be furnished in writing to all prospective Bidders. No interpretation shall be considered binding unless provided in writing by the City of Mary Esther.

MINOR IRREGULARITIES/INFORMALITIES: The City of Mary Esther reserves the right to both waive any irregularities or informalities in bids/proposals and to determine, in its sole discretion, whether or not an informality is minor.

NON-COLLUSION: The Bidder certifies that this Bid has not arrived at collusively or otherwise in violation of federal, state, or local laws. The bidder shall certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm or person submitting an offer for the same materials, services, supplies or equipment and is in all respects fair and without collusion or fraud.
No premiums, rebates or gratuities are permitted, either with, prior to or after any delivery of material or provision of services. Any violation of this provision may result in the Contract cancellation, return of materials or discontinuation of services.

NOTIFICATIONS: The City Mary Esther’s official website for notices, Bids, addendums, and other documents is located at www.cityofmaryesther.com/bids. The City is not under any obligation and does not guarantee that Bidders will receive email notifications concerning the posting, amendment or close of solicitations. Bidders are responsible for checking www.cityofmaryesther.com/bids for information and updates concerning solicitations or they may contact the City Clerk.

OPTIONAL CONTRACT USAGE BY OTHER GOVERNMENTAL AGENCIES: All Bidders submitting a response to this Request for Bids agree that such response also constitutes a proposal to other Florida governments under the same conditions, for the same contract price, and for the same effective period, should the Bidder feel it is in their best interest to do so.

PAYMENT: Upon acceptance of work by the City, the City shall make payment to the Bidder in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. The City reserves the right, with justification, to partially pay any invoice submitted by the Bidder when requested to do so by the City’s Department Representative. All invoices shall be directed to Accounts Payable, City of Mary Esther. Payment for invoices will be made via ACH or Virtual Credit Card only.

PURCHASING POLICIES. For more information on the City’s purchasing policies and procedures, or to review the City’s purchasing policies, please contact the City Clerk.

PUBLIC ENTITY CRIMES: By submission of response to the City’s Request for Bids, Bidder acknowledges and agrees to the following: A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids for leases of real property to a public entity, may not be awarded or perform work as a Successful Bidder, contractor, supplier, sub-Bidder, 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 Florida Statues, for CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted Vendor List (Section 287.133, Florida Statutes).

PUBLIC RECORDS: Certain exemptions to the public records law are statutorily provided for in Section 119.07, Florida Statues. If the Bidder believes any of the information contained in his or her response is exempt from disclosure, then the Bidder must in her or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption. Otherwise, the City will treat all materials received as public records once that information is determined to be available for public inspection.
If the City rejects all Bids or replies submitted in response to a competitive solicitation and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Bid or replies remain exempt from Section 119.07(1) and Section 24(a) of the State Constitution until such time as the City provides notice of an intended decision concerning the reissued competitive solicitation, or until the City withdraws the reissued competitive solicitation. A Bid, proposal, or reply is not exempt for longer than 12 months after the initial agency notice rejecting all Bids, or replies.
The City is a public agency subject to Chapter 119, Florida Statutes. The Bidder shall comply with Florida’s Public Records law. Specifically, the Bidder, shall:

Keep and maintain public records required by the public agency to perform the service.
Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Bidder does not transfer the records to the public agency.
Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Bidder or keep and maintain public records required by the public agency to perform the service. If the Bidder transfers all public records to the public agency upon completion of the contract, the Bidder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Bidder keeps and maintains public records upon completion of the contract, the Bidder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

The failure of the Bidder to comply with the provisions set forth in this section shall constitute a material breach of Agreement and shall be cause for immediate termination of the Agreement.

If the Bidder has questions regarding the application of Chapter 119 Florida Statutes, to the Bidder’s duty to provide public records relating to this contract, contact the custodian of public records at the City of Mary Esther, City Clerk, Mary Esther City Hall, 195 Christobal RD N. Mary Esther, FL 32659; 850-362-6855 or dmorris@cityofmaryesther.com.

REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION: The Bidder shall furnish such additional information/clarification as the City may reasonably require. This includes but is not limited to information that indicates Bidder financial resources as well as the ability to provide and maintain the goods or services requested.

RESPONSIBLE VENDOR DETERMINATION: Respondent is hereby notified that Section 287.05701, Florida Statues, requires that the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Bidder’s risk. The City reserves the right to reject all Bids, or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. If Bidder purports to add terms or conditions to its bid/proposal, takes exception to any provisions of the Bidding Documents, or attempts to alter the contents of the Contract Documents for the purposes of the bid/proposal, whether in the bid/proposal itself or in a separate communication to the City, then the City will reject the bid/proposal as non-responsive.

RECOMMENDATION OF AWARD INFORMATION: Notice of Award, bids/proposals currently available, and tabulation sheets will be available upon request. Bidders who do not have Internet access may request a copy of the tabulation by contacting the City Clerk. (NOTE: information will be provided in accordance with the requirements contained in the section above regarding PUBLIC RECORDS).

RESPONSIBLE BIDDER: A Bidder, business entity or individual who submits a bid/proposal and who has furnished, when required, information and data to prove that its financial resources, production or service facilities, personnel, service reputation and experience are adequate and fully capable to make satisfactory delivery of the goods or services described in the bid/proposal. The City may review vendor performance on City Contracts, and other public entity contracts, in arriving at a determination as to whether a Bidder meets the definition of a responsible vendor who may be recommended for award.

RESPONSIVE BIDDER: A Bidder, business entity or individual who has submitted a Bid or Bid that fully conforms in all material respects to the Request for Bids/Request for Proposals and all of its requirements, including all form and substance.

TAX EXEMPTIONS: The City of Mary Esther is tax-exempt. The City of Mary Esther’s tax-exempt number is 85-80126413C-6.

TIME FOR CONSIDERATIONS: Bids will be irrevocable after the time and date set for the opening of Bids and for a period of ninety (90) days thereafter.

Dates

Publication

03/04/2025 01:00 PM CST

Question Acceptance Deadline

03/19/2025 10:00 AM CDT

Questions are submitted online

Closing Date

03/19/2025 02:30 PM CDT

Contact Information

Dillon Morris

(850) 362-6855

dmorris@cityofmaryesther.com

Bid Submission Process

Bid Submission Type

Physical Bid Submission