Asbestos_Abatement_Services.pdf

IFB- 25 - 295

ASBESTOS ABATEMENT SERVICES

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: September 22, 2025

DEADLINE FOR QUESTIONS: September 26, 2025

RESPONSE DEADLINE: October 9, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/stpete

City of St. Petersburg

Asbestos Abatement Services

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Insurance

Attachments:

A - Base Agreement

#IFB- 25 - 295

Title: Asbestos Abatement Services

1. Introduction

1.1. Summary

The City of St. Petersburg is seeking responses from qualified vendors to provide asbestos abatement services and work on various structures on as-needed basis. The scope of services and work for each individual abatement project will be determined by the City at the time of need. The City intends to award either the primary or secondary award to a City of St. Petersburg Certified SBE, upon availability.

1.2. Contact Information

Cortni Brzozka Procurement Analyst Email: cortni.brzozka@stpete.org Phone: (727) 551-3231

Department:

Code Compliance

1.3. Timeline

*Timeline is subject to change

Solicitation Published September 22, 2025

Deadline for Questions September 26, 2025, 12:00pm

Deadline for Question Response October 2, 2025, 3:00pm

Deadline for Submittals October 9, 2025, 3:00pm mailto:cortni.brzozka@stpete.org tel:(727)551-3231

2. Solicitation Information

2.1. Submission or Receipt of Bid

Bids will be received through the City’s online bidding system no later than 3:00 pm on Thursday, October 9, 2025.

2.2. Standard for Award

The City will award to multiple vendors by written notice to the two lowest responsible and responsive

Vendors. The City will award a primary and a secondary. The City intends to award either the primary or secondary award to a City of St. Petersburg Certified SBA, upon availability.

2.3. Bid Evaluation

Bids will be unconditionally accepted without alteration or correction unless the Procurement Director permits the correction or withdrawal of inadvertently erroneous bids. Bids will be evaluated based on the requirements and specifications set forth in the scope.

2.4. Submittal Requirements

The following documents are required to be considered responsive:

• Cost Proposal

• Asbestos Abatement Contractor License

• Current license as an asbestos abatement contractor in accordance with Florida Statutes https://procurement.opengov.com/portal/stpete/projects/191321

3. Vendor Questionnaire

3.1. General Information

3.1.1. Is the Vendor registered with the Florida Department of State, Division of

Corporations (Sunbiz) in accordance with Florida Statute §607.1501?* ☐ Yes

☐ No

*Response required

3.1.2. Is the Vendor a City of St. Petersburg certified SBE? ** If you have submitted an application and it is pending, please send an email to osd@stpete.org. In the subject line- provide the solicitation number and due date.

☐ Yes

☐ No

*Response required

3.1.3. Is the Vendor a City of St. Petersburg certified MWBE? * If you have submitted an application and it is pending, please send an email to osd@stpete.org. In the subject line- provide the solicitation number and due date.

☐ Yes

☐ No

3.1.4. Address for Headquarters location.*

*Response required

3.1.5. Address of office providing service, if different than above.

3.1.6. Contact Information for Contact Person.*

This person must be capable of committing the company to an agreement with the City.

• Name

• Title

• Phone

• Email

*Response required

3.1.7. Description of nature of company’s business.*

*Response required

3.1.8. Year the Company was Founded.*

*Response required

3.1.9. Number of years company has operated under the current name.* *Response required mailto:osd@spete.org mailto:osd@spete.org

3.1.10. Number of years company has been in the present business.* *Response required

3.1.11. Company’s bank of record.*

*Response required

3.1.12. Describe any litigation that the vendor has been a party to in the last five years where it was alleged that the offeror breached a contract for similar services with a client/customer and describe any contracts for similar services that the vendor failed to complete for similar services. Describe the facts and status of any such litigation or contract. * Type N/A if not applicable.

*Response required

3.1.13. Identify any government entity that has debarred or otherwise prohibited the vendor from responding to its competitive solicitations within the last five years. Describe the circumstances surrounding such debarment or other prohibition. * Type N/A if not applicable.

*Response required

3.1.14. The vendor acknowledges that it has read, understands and will comply with

Florida Statute §448.095 pertaining to required use of the U.S. Department of

Homeland Security E-Verify system. Should the City terminate the contract with the vendor for violation of §448.095, vendor may not be awarded a contract with the City for at least one year.* ☐ Please confirm

*Response required

3.1.15. The vendor acknowledges that its solicitation response is subject to Public

Records laws (Chapter 119, Florida Statutes).* ☐ Please confirm

*Response required

3.1.16. Will vendor allow other agencies to piggyback the contract if awarded?* ☐ Yes

☐ No

*Response required

3.1.17. The vendor hereby makes all certifications required by Florida Statute

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

3.1.18. Is vendor required to provide any disclosures to the City regarding a foreign country of concern pursuant to Florida Statutes §286.101 (3)(a)? * ☐ Yes

☐ No

*Response required

3.1.19. If YES, please provide the disclosure(s) in accordance with the requirements of

Florida Statute §286.101 (3)(a).

3.1.20. The vendor certifies that it takes no exceptions to the terms and conditions of the solicitation.* ☐ Yes

☐ No

*Response required

3.1.21. If exceptions are taken, specify in space below.

3.1.22. Has the vendor identified any trade secrets or confidential information in its solicitation response?* ☐ Yes

☐ No

*Response required

3.1.23. If yes to the above question, please upload your redacted proposal here.

3.1.24. I currently have the required insurance coverage as specified in the solicitation and will be able to provide a Certificate of Insurance if awarded. * ☐ Please confirm

*Response required

3.1.25. Does the Vendor and all subcontractors possess all City, County, or State approved certifications(s)/licenses(s) required to perform the work? * ☐ Yes

☐ No

*Response required

3.1.26. Has the Vendor ever defaulted on or failed to complete work awarded to it?* ☐ Yes

☐ No

*Response required

3.1.27. Is the Vendor currently in compliance with all applicable laws?* ☐ Yes

3.1.28. Has the Vendor received any citations from the Occupational Safety and

Health Administration (OSHA) in the last three years?* ☐ Yes

☐ No

*Response required

3.1.29. Has the Vendor had claims made against it alleging wage violations and/or discrimination in the last three years?* ☐ Yes

☐ No

*Response required

3.1.30. Is the Vendor involved in ongoing litigation, or are there any final judgments against the Bidder that have not been satisfied?* ☐ Yes

☐ No

*Response required

3.1.31. Asbestos abatement contractor license in accordance with Florida Statutes* *Response required

3.1.32. Training certificates from an Environmental Protection Agency (EPA) accredited course for all supervisors and workers* *Response required

3.1.33. Does the Vendor have any outstanding citations, violations or judgments pending against them for the performance of asbestos removal and related work?* ☐ Yes

4. Scope of Work

4.1. Intent

The City of St. Petersburg is seeking responses from qualified vendors to provide asbestos abatement services and work on various structures on as-needed basis. The scope of services and work for each individual abatement project will be determined by the City at the time of need. The City intends to award either the primary or secondary award to a City of St. Petersburg Certified SBE, upon availability.

4.2. Contract Term

The initial term of the agreement is three (3) years from the date of contract execution, and may, by mutual agreement of the parties, be renewed for one (1) two (2) year renewal period.

4.3. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications:

A. Contractor shall have a minimum of two (2) year’s experience specializing in asbestos abatement and related services and work and shall provide proof to the City.

B. Contractor’s superintendent assigned to the City’s projects shall have a minimum of one (1) year of full-time supervisory experience in asbestos removal operations within the 24-month period preceding the start of the project and shall provide proof to the City.

C. Contractor shall hold a current license as an asbestos abatement contractor in accordance with

Florida Statutes and shall provide proof to the City.

D. Contractor shall hold current training certificates from an Environmental Protection Agency

(EPA) accredited course for all supervisors and workers and shall provide proof to the City.

E. Contractor shall not have outstanding citations, violations or judgments pending against it for the performance of asbestos removal and related work and shall provide proof to the city.

F. Contractor shall be registered with the Florida Division of Corporations to business in the state of

Florida.

G. Contractor shall have and maintain financial resources to provide services.

H. Contractor shall maintain the minimum insurances as required by the City for the term of the

Agreement.

I. Own or have immediate access to the equipment required to provide services.

J. Be able to provide services without the use of subcontractors.

4.4. Vendor Responsibilities

At a minimum, Contractor shall provide and meet the following responsibilities:

A. Contractor shall provide a single point of contact to administer the Agreement and is available during normal business hours.

1. The Contractor shall provide a single point of contact, readily available during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays) to administer the Agreement, and shall promptly notify the City of any changes in the account manager or contact information; the account manager shall be responsible for overseeing all aspects of servicing, reporting, and issue resolution, and the Contractor shall schedule service dates and times with the City Consultant when requested, with after-hours, night, or holiday services available upon request for special project circumstances.

2. Contractor shall provide the City with evening, weekend, and holiday service, as necessary, to cope with any emergency situation which threatens public health and safety, as determined by the City. Contractor shall furnish a 24-hour contact telephone number in the event of such an emergency.

3. Contractor shall provide first-priority services to the City in the event of a hurricane, flood or other natural disaster, as defined by the City.

B. Contractor to respond to all quote requests from City Project Managers within 5 business days.

Should the contractor be unable to provide a quotation, a response of "No Bid" shall be submitted to the City Project Manager in writing within 5 business days of the request for quotation. Failure to respond to the City, on three occasions, may result in the Contractor being removed from the approved Contractor list.

C. Contractor shall not proceed until the requesting department issues a written notice to proceed including a Purchase Order Number from the Project Manager. The notice may include e-mails from the Project Manager. Contractor shall retain a copy of the notice. Under no circumstances shall any work begin without a Purchase Order Number.

D. Contractor shall maintain Minimum Qualifications as stated herein for the term of Agreement.

E. Contractor shall comply with all Pinellas County, State of Florida, EPA and OSHA regulations during the conduct of all asbestos removal services.

F. Certified asbestos removal workers/supervisors will be utilized for all asbestos removal activities.

G. Contractor will work closely with the City Consultant in order to successfully complete the assigned asbestos removal projects.

H. All asbestos waste generated during asbestos removal projects will be properly labeled and disposed of at a landfill that accepts asbestos waste.

I. Contractor shall provide to the City with all waste manifests in the post job submittals for each project.

J. Contractor shall inform City’s Project Manager of any issues limiting its ability to perform work.

K. Contractor shall remove incompetent or disorderly workers when directed by the City.

L. Contractor is responsible for coordinating with environmental contractors under the direction of

City staff for the on-site air monitoring and removal of environmentally sensitive materials at least forty-eight (48) hours prior to site mobilization.

4.5. Project Details

Contractor shall provide all labor, overhead, profit, travel, per diem, insurance, permits, licenses, fees notifications, equipment, materials and disposal as required for asbestos abatement services and work to include, but not limited to the following:

A. Provide removal, enclosure, encapsulation, repair, maintenance, clean-up and disposal of asbestos-containing materials within ten calendar days for routine services and work or within 24 hours for emergency response services and work and work.

B. Provide lump-sum estimates with fixed prices for time and materials based upon the project scope of services and work and procedures as developed by the City’s consultant (Consultant) on a project by project basis. Specific schedules and other time restraints shall be specified by the City on a project by project basis. Cost estimates may be adjusted accordingly based upon the City’s special requirements.

C. Failure of Contractor to complete the requirements of the project scope of services and work will result in the confiscation of material and equipment or the withholding of payment as necessary to complete the project and cover any additional operating or consulting costs incurred by the owner above and beyond the specified time restraints.

D. All damages arising out of performance of the requirements of this Contract shall be the responsibility of Contractor to repair damages or make replacements, to the City or owner’s satisfaction, within seven days of notification by the City or its designee.

E. Work shall be considered complete upon acceptance of a final visual inspection by Consultant, clearance testing by Consultant, and demobilization and repair or replacement of all damaged items by Contractor.

F. If, during an abatement project Contractor discovers any asbestos containing materials (ACM) in addition to those identified by the Consultant, Contractor shall notify the City in writing and provide an estimate for the additional work. Upon receipt of written approval to proceed from the

City or its designee, Contractor shall remove and dispose of such items at the agreed upon price.

G. If requested, provide one copy of the pre-job submittal to the City and one copy to the Consultant prior to the start of work on each abatement project. (The City may, at its discretion, make exceptions to this requirement for emergency response work as designated by the City). The pre-job submittals shall include, but not be limited to the following:

1. Cost estimates, schedule, manpower and staffing.

2. Medical physicals, training certificates, respirator evaluation for Contractor’s workforce.

3. Required material list including material safety data sheets (MSDS), forms, equipment list

(including manufacturer’s information sheets).

4. Pinellas County notification form properly executed.

5. Any additional information specific to the project as required by the City.

H. Contractor shall provide one electronic copy of post-job submittal documentation upon completion and acceptance by the City of the project. The post-job submittals shall be submitted to the City point of contact and will include, but shall not be limited to the following:

1. An invoice.

2. The original project description and scope of services and work.

3. Copies of any addenda and change orders to the original project.

4. Daily reports (including employee time log, sign-in and sign-out of containment logs).

5. Waste disposal manifests receipts and any chain of custody forms.

6. County notification form.

7. Any additional information specific to the project as required by the City.

4.6. Quality Assurance

A. Contractor’s work shall be performed in strict compliance with all applicable laws including, but not limited to the following:

1. U.S. EPA Regulations for Asbestos

2. U.S. EPA Regulation National Emissions Standards for Hazardous Air Pollutants

(NESHAPS);

3. U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Asbestos

Regulations

4. U.S. EPA Office Toxic Substances Guidance Document, “Asbestos-Containing Materials in

School Buildings” Part I and Part II.

B. All attachments, memos, and information sheets submitted by federal, state and local agencies.

C. All state, county and City codes and ordinances as applicable.

D. Contractor shall have on site at all times while providing asbestos abatement services and work, a copy of EPA, OSHA, state and City regulations applicable to the work being performed and the services being provided and make the copies available for review by the City or other regulatory agencies upon request.

4.7. Notifications

A. Contractor shall provide official notification of all asbestos abatement activities under the

Contract to the appropriate local agency, Pinellas County Air Quality Division, prior to the start of any asbestos abatement activities. The current agency information is as follows:

1. Pinellas County Department of Environmental Management, Air Quality Division, 509 East

Avenue South, Ste 138, Clearwater, FL 33756

B. Contractor shall provide written notification of intention to demolish to the Pinellas County Air

Quality Division at least 10 business days prior to commencement of work to include the following:

1. Name and address of owner and operator.

2. Address of building or structure where abatement work will be done.

3. Schedule of starting and completion dates.

4. Approved asbestos sanitary landfill for disposal.

5. Appropriate notification fee.

4.8. Permits, Licenses and Certifications

Contractor shall submit to the City upon completion of each abatement project, copies of all permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee, payments, judgments and records established in conjunction with compliance with standards and regulations applicable to performance of the work.

4.9. Disposal Site

A. All asbestos-containing and asbestos-contaminated materials must be properly disposed of at an approved asbestos sanitary landfill. Contractor shall make appropriate arrangements for disposal based on the notification requirements of EPA and the landfill. Contractor shall obtain all required approvals for the disposal of all ACM and provide proof thereof to the City. Contractor shall only dispose of ACM at State permitted sanitary landfills approved for the acceptance of asbestos waste materials and provide proof thereof to the City.

B. Asbestos waste generators may obtain approval from the appropriate State agency via a request that includes, but is not limited to providing the following information:

1. Generator’s name, address and phone number.

2. Transporter’s name, address and phone number.

3. The proposed sanitary landfill and county which will receive the waste (prior contact is recommended).

4. An accurate description of the waste material to include:

a. Location of demolition or removal project.

b. Source of materials such as piping, boilers, etc.

c. Volume/amount of waste materials.

d. Frequency of necessary disposal.

e. Date on which the project will end.

f. Proper packaging and labeling information.

4.10. Work Site Safety/Security

A. The Contractor shall at all times guard against damage or loss to the property of the City of St.

Petersburg, the Contractors own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the Contractor shall provide any fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and to ensure that all City, County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, the Contractor shall provide for the prompt removal of all debris from City property. The City may withhold payment or make such deductions necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the Contractor or its agents.

B. Contractor shall be responsible for ensuring that Contractor’s staff follow all established safety regulations pertaining to the work to be performed per OSHA and/or City standards.

C. Contractor’s employees will keep doors closed and locked while servicing facilities after hours or when instructed by Facility Manager or Representative.

4.11. City’s Responsibilities

At a minimum, City shall provide and meet the following responsibilities:

A. Each City department shall provide a single point of contact (Project Manager) to administer the

Agreement.

B. Each City department Project Manager shall be responsible for notifying the Contractor when building maintenance and repair services are required and for providing the location and address.

The department's Project Manager or shall inspect and approve all work, before payment is made.

C. City will be responsible for providing access to the work site.

D. Upon completion of work, the department Project Manager shall issue a notice of completion to the contractor via e- mail.

5. Cost Proposal

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Removal of vinyl floor tile and mastic utilizing full containment and appropriate respiratory protection.

1 SQ FT

2 Removal of vinyl floor sheeting utilizing full containment and appropriate respiratory protection.

1 SQ FT

3 Removal of popcorn ceiling material utilizing full containment and appropriate respiratory protection

1 SQ FT

4 Removal of transite siding utilizing a regulated work area and appropriate respiratory protection.

1 SQ FT

5 Removal of transite roofing utilizing a regulated work area and appropriate respiratory protection.

1 SQ FT

6 Removal of pipe insulation (1"- 6" diameter) utilizing full containment and appropriate respiratory protection.

1 SQ FT

7 Removal of plaster utilizing full containment and appropriate respiratory protection.

1 SQ FT

8 Clean up of contaminated interior building area utilizing full containment and appropriate respiratory protection.

1 SQ FT

9 Removal of ceiling tile and grid system and saving all fixtures utilizing full containment and appropriate respiratory protection.

1 SQ FT

10 Removal of fireproofing and overspray utilizing full containment and appropriate respiratory protection.

1 SQ FT

TOTAL

6. General Terms

6.1. Vendor Registration

Vendor must register online with the City of St. Petersburg via their online sourcing system at https://procurement.opengov.com/signup and subscribe to City's Portal at https://procurement.opengov.com/portal/stpete for solicitation notifications. Prior to an award of an

Agreement resulting from this solicitation, Vendor shall be registered with the Florida Department of

State, Division of Corporations to do business within the State of Florida in accordance with Florida

Statute 607.1501.

6.2. Solicitation Review

Vendors are required to carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material must be made in writing to the Procurement Analyst of record for this solicitation and received by the City at least 10 days before the solicitation submission deadline. This will allow issuance of any necessary addendum. A protest based on omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the City, in writing, at least 10 days before the time set for submission deadline.

6.3. Solicitation Response Preparation

Vendors are expected to examine this solicitation and all related documents. Failure to do so is at the

Vendor’s risk. Each vendor shall furnish the information required by this solicitation. Vendor(s) shall retain a copy of all documents for future reference. All solicitation responses must be submitted with the

Vendor’s legal name and by an officer or employee having the authority to bind the Vendor by his or her signature.

The City will not pay any costs associated with the preparation, submittal, presentation, or evaluation of any solicitation response.

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 12:00 pm on Friday, September 26, 2025. Questions will be answered via City's online sourcing system no later than 3:00 pm on Thursday, October 2, 2025. More complex questions may require a written addendum to the solicitation. Explanations or instructions will not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of an Agreement will not be binding. If necessary, a written addendum to this solicitation will be issued and posted on the

City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/191321 for download by Vendors.

6.5. Amendments

Any amendments issued for this solicitation will be posted as an addendum on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/191321 and notifications will be released to vendors who are following the project by clicking "Follow". Vendors must submit their responses to the most current version of the solicitation as amended, if applicable.

https://procurement.opengov.com/signup https://procurement.opengov.com/portal/stpete

6.6. Submission of Solicitation Responses

Solicitation responses will be received through the City’s online sourcing system. E-mail or in-person submittals will not be considered unless approved before the solicitation submission deadline by the

Procurement and Supply Management Director. Late proposals and modifications will not be considered;

however, solicitation responses may be modified online at any time prior to the submission deadline.

Failure to follow the instructions in this solicitation is cause for rejection of the submittal.

6.7. Mistakes in the Solicitation

Solicitation responses may be modified or withdrawn in the online application portal prior to the time and date set for the solicitation opening. Correction or withdrawal of solicitation responses after the solicitation opening because of an inadvertent non-judgmental mistake in the solicitation requires careful consideration to protect the integrity of the competitive solicitation process and to assure fairness. If the mistake is attributable to an error in judgment, the solicitation response may not be corrected. Solicitation response corrections or withdrawals by reason of non-judgmental mistakes are permissible but only to the extent they are not contrary to the interest of the City or the fair treatment of other vendors.

6.8. Information Designated a Trade Secret and/or Confidential and/or Proprietary

All solicitation responses (including all documentation and materials attached thereto or provided in connection with this solicitation) submitted to the City are subject to Florida’s public records laws (i.e., Chapter 119, Florida Statutes), which requires disclosure of public records, unless exempt, if a public records request is made. Solicitation responses (including all documentation and materials attached thereto or provided in connection with this solicitation (even if in a separate electronic file)) submitted to the City cannot be returned. DO NOT LIST YOUR ENTIRE SOLICITATION RESPONSE AS TRADE

SECRET AND/OR CONFIDENTIAL. The City will not consider solicitation responses if the entire response is labeled a Trade Secret and/or Confidential and/or Proprietary.

If Vendor believes that its solicitation response contains information that is a trade secret (as defined by

Florida law) and/or information that is confidential and/or proprietary and therefore exempt from disclosure, then such information must be submitted in a separate electronic file and comply with the following requirements. In addition to submitting the information in a separate or electronic file, Vendor must include a general description of the information designated as a trade secret and/or confidential and/or proprietary and provide reference to the Florida statute or other law which exempts such designated information from disclosure in the event a public records request.

The City does not warrant or guarantee that information designated by Vendor as a trade secret and/or confidential and/or proprietary is a trade secret and/or confidential and/or proprietary and exempt from disclosure. The City offers no opinion as to whether the reference to the Florida statute or other law by

Vendor is/are correct and/or accurate. Please be aware that the designation of information as a trade secret and/or confidential and/or proprietary may be challenged in court by any person or entity. By designation of information as a trade secret and/or confidential and/or proprietary Vendor agrees to defend and indemnify the City, its employees, agents, and elected and appointed officials (“Indemnified Parties”) against any and all claims, demands, and actions (whether or not a lawsuit is commenced) arising out of or in connection with Vendor's designation of information as a trade secret and/or confidential and/or proprietary and to hold harmless the Indemnified Parties for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorney's fees (including those of the City Attorney’s office) incurred by the City by reason of any claim, demand, or action arising out of or related to the Vendor's designation of information as a trade secret and/or confidential and/or proprietary.

Failure to comply with the requirements above shall be deemed as a waiver by Vendor to claim that any information in its solicitation response is a trade secret and/or confidential and/or proprietary, regardless of whether such information is labeled trade secret and/or confidential and/or proprietary. Vendor acknowledges, understands, and agrees that all information in Vendor's solicitation response (not including information submitted in a separate electronic file and designated trade secret and/or confidential and/or proprietary in accordance with the requirements in this section) will be disclosed, without any notice to Vendor, if a public records request is made for such information, and the City shall not be liable to Vendor for such disclosure.

Vendor acknowledges and understands that Vendor's proposal, including the information submitted in a separate electronic file and designated trade secret and/or confidential and/or proprietary in accordance with the requirements in this section, will be distributed to the evaluation committee members, City staff, and City consultants to allow Vendor's entire solicitation response, including the information submitted in a separate electronic file, to be evaluated and considered for award of the Agreement. The entire contents of the Vendor's solicitation response, including the information submitted in a separate electronic file, may be discussed at meetings that are open to the public, subject to the requirements set forth in

Chapter 286, Florida Statutes.

6.9. Bonds

Vendors will need to furnish all bonds as indicated in the solicitation, if applicable.

6.10. Cash Discounts

When the City is entitled to a cash discount, the period of computations will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the Agreement, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies.

6.11. Award

The solicitation will be awarded based on the requirements outlined in the scope, the criteria or factors identified in the solicitation, and the standard for award for the solicitation. The City reserves the right to accept or reject any or all parts of the solicitation response, waive informalities, and request re-solicitations on the services or products outlined in the scope. The City reserves the right to award the

Agreement on a split-order, lump-sum, or individual item basis, or such combination as shall best serve the interest of the City unless otherwise specified.

Pursuant to Florida Statute sec. 287.05701, the City will not request documentation of a Vendor’s social, political, or ideological interests, consider such interests, or give preference to a vendor based on such interests.

6.12. Acceptance Period

Unless otherwise specified in this solicitation, the solicitation response may be held by the City for a period of ninety (90) days after the submission deadline and will continue in full effect and not be subject to withdrawal during that period until an Agreement has been executed with a Vendor. If no Agreement has been executed within the ninety-day period, any solicitation response may be withdrawn or nullified by either the City or the Vendor, or be deemed to be confirmed and extended in time for as long as permitted by the Vendor submitting each solicitation response.

6.13. Right to Reject

Vendors must comply with all the terms of the solicitation, all applicable provisions of the City of St.

Petersburg City Code, and all applicable federal and state laws. The City may reject any solicitation response that does not comply with all material and substantive terms, conditions, and performance requirements of the solicitation.

The City may waive minor informalities that (i) do not affect responsiveness; (ii) are merely matter of form or format; (iii) do not change the relative standing or otherwise prejudice other vendors; (iv) do not change the meaning or scope of the solicitation; (v) are trivial, negligible or immaterial in nature; (v) do not effect a material change in the work; or (vi) do not constitute a substantial exclusion or modification of a requirement or provision in the solicitation.

6.14. Vendor Complaints

All complaints or grievances should be first submitted in writing to the Procurement & Supply

Management Director, by email at Stephanie.Scarbrough@stpete.org or by mail to P. O. Box 2842, St.

Petersburg, FL 33731 who will promptly investigate the validity of the complaint and present the findings in writing to the person who submitted the complaint.

6.15. Protest

(a) All protests related to a solicitation or award must be first submitted in writing to the POD no later than seven

(7) days preceding the date of the City Council meeting approving the contract, or no later than seven (7) calendar days following the selection of the successful bidder if the contract does not require City Council approval.

(b) The POD will consider the protest if it is timely filed and contains the following:

(1) Sufficient information to identify the solicitation or award that is the subject of the protest;

(2) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive or legally flawed;

(3) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(4) The relief sought.

(c) If the protest meets the requirements of subsection (b) of this section, the POD will investigate the validity of the protest and present the findings in writing to the person or entity that submitted the protest. Otherwise, the

POD will promptly notify the person or entity that submitted the protest that the protest is untimely or that the protest failed to meet the requirements of subsection (b) of this section and give the reasons for the failure.

(d) If the person or entity is dissatisfied with the POD’s response, the person or entity may then make an appeal to the City Administrator, who will hear the appeal. The City may not establish appellate jurisdiction of the courts; however, if allowed by the Florida Rules of Appellate Procedure or other rule or judicial decision, the decision from the City Administrator is the final decision of the City and may be subject to judicial review in the manner provided by law.

6.16. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not (i) submit a solicitation response on an Agreement to provide any goods or services to a public entity, (ii) submit a solicitation response on an Agreement with a public entity for the construction or repair of a public building or public work, (iii) submit a solicitation response for leases of mailto:stephanie.swinson@stpete.org real property to a public entity, (iv) be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an Agreement with any public entity, or (v) transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

6.17. Nondiscrimination

Vendors for the City of St. Petersburg are required to comply with all applicable laws regarding discrimination in employment, including Pinellas County Code Section 70-53 (a)(1) (prohibiting discrimination in employment based on race, color, religion, national origin, gender, sexual orientation, age, marital status, or disability) and all other applicable federal, state and local laws. Vendors are encouraged to provide workplaces free of discrimination in terms of conditions of employment, including benefits.

6.18. Prohibited Communication

Vendors and their employees, agents, contractors, and representatives are prohibited from lobbying City

Council, the Mayor, City staff, selection committee members, and City project consultants relative to this solicitation until the solicitation selection and award processes have been completed. Non-compliance with this provision may result in disqualification from consideration of the award. Notwithstanding the foregoing, this provision shall not prohibit the Vendor from (i) providing public comment in accordance with applicable laws and City policies at public meetings where public comment is permitted, (ii) communicating with the assigned Procurement Analyst, (iii) making a presentation during a selection committee meeting if requested by the selection committee, or (iv) submitting a dispute or complaint in accordance with the requirements set forth in this solicitation.

6.19. Environmentally Preferable Purchasing

It is the policy of the City of St. Petersburg to purchase recycled and environmentally preferable goods.

Environmentally preferable goods are defined as “products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.” This includes products that contain recycled content, reduced toxicity and pollution, conserve energy, conserve water, prevent waste, and promote sustainability and resiliency initiatives.

This policy does not require the City to specify environmentally preferable products or services when it can be demonstrated that they are not in the best interest of the City compared to products and services that are not as environmentally preferable. Best interests include but are not limited to, service life, life cycle cost, product effectiveness, or compatibility. This policy will be carried out consistent with the

City’s obligations and purpose, and with an overall intent to obtain competitive prices and to provide value to the taxpayer.

6.20. Health In All Policies

Pursuant to Executive Order EO-2018-04, it is the policy of the City to apply the consideration of health, health impacts, and the social determinants of health to the City’s decision-making, including policy development and implementation, budgeting, and the delivery of services and procurement of supplies and construction. Vendors are encouraged to propose services, supplies, and construction that promote health to the greatest extent practicable in their responses to City solicitations. Vendors are further encouraged to provide workplaces that promote the health and well-being of their employees.

6.21. American with Disabilities Act (ADA) Public Notice

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of St. Petersburg will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities. If Vendor requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to adequately respond to this solicitation. Vendor should contact ADA Coordinator Lendel Bright at (727)-893-7229 or email at lendel.bright@stpete.org as soon as possible but no later than 72 hours before the applicable deadline.

6.22. Background Checks

In the event the solicitation or Agreement requires criminal history checks, Vendor will be responsible for conducting a criminal history check for each employee or subcontractor for which a criminal history check is required.

6.23. Disqualification

The City reserves the right to disqualify Vendors before or after opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Vendors.

6.24. Taxes

The City of St. Petersburg is exempt from any taxes imposed by the State and/or Federal Government.

Exemption certificates will be provided upon request.

6.25. Compliance with State and/or Federal Requirements

All Vendors entering into a contract with the City with permit(s) issued by a state or federal agency, shall comply with the requirements set forth in the permit(s).

6.26. E-Verify

Vendor shall comply with Florida Statute §448.095 pertaining to required use of the U.S. Department of

Homeland Security's E-Verify system, and that should the City terminate§ the contract with the Vendor for violation of §448.09(1), Vendor may not be awarded a contract with the City fort at least one year.

6.27. Exceptions to Terms and Conditions

If the Vendor takes exceptions to the terms and conditions of the solicitation and refuses to withdraw such exceptions, the City may deem the Vendor nonresponsive if the City determines that negotiating with the

Vendor to address such exceptions may affect the fair treatment of other vendors.

7. Insurance

7.1. Commercial General Liability

Commercial general liability insurance in an amount of at least One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate in occurrences form. This policy must include coverage for bodily injury, property damage, personal and advertising injury, products and completed operations, and contractual liability under this Agreement.

7.2. Commercial Automobile Liability

Commercial automobile liability insurance of $1,000,000 combined single limit covering all owned, hired and non-owned vehicles.

7.3. Worker's Compensation

Workers’ Compensation insurance as required by Florida law and Employers’ Liability Insurance in an amount of at least $100,000 each accident, $100,000 per employee, and $500,000 for all diseases.

7.4. Pollution Liability

Pollution Liability insurance with a minimum limit of $1,000,000 per occurrence. Coverage shall apply to pollution losses arising from all services performed to comply with this Agreement. Coverage shall apply to sudden and gradual pollution conditions including discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water.

Coverage shall also include the cost of cleanup and remediation. Coverage shall include bodily injury, property damage, loss of use of tangible property whether or not it has not been physically injured or destroyed, cleanup and remediation costs, penalties or fines, and defense costs including costs incurred in the investigation or adjustment of the claim. Coverage shall be provided both for the use of pollutants on site and during transit. Coverage may be provided by a standalone policy or by endorsements to other policies.