Construction_Manager_At_Risk_(CMAR)_Services_for_WRF_Equalization_Tank.pdf

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City of Bradenton

REQUEST FOR QUALIFICATION

26-007NT

CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES FOR WRF

EQUALIZATION TANK

RELEASE DATE: October 24, 2025

RESPONSE DEADLINE: November 24, 2025, 2:30 pm

Please refer to the project timeline in this document for all important deadlines.

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Table Of Contents

1. INTRODUCTION

2. INSTRUCTION TO PROPOSERS

3. SCOPE OF SERVICES

4. SCORING AND EVALUATION CRITERIA

5. GENERAL TERMS AND CONDITIONS OF SOLICITATIONS

6. RFQ SUMBITTAL REQUIREMENTS

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INTRODUCTION

1.1 Summary

The City of Bradenton is seeking proposals to provide provide Construction Management Services for the construction of an equalization tank at the City’s Water Reclamation Facility. The tank will be 2-3 million gallons (MG) in volume and of concrete construction. Ancillary work included within the project scope includes yard piping, pump station, instrumentation & controls, electrical, and site restoration. The proposers are required to comply with the Scope of Services.

1.2 Timeline

Release Project Date: October 24, 2025

Pre-Proposal Meeting (Non-Mandatory): November 3, 2025, 10:00am

City of Bradenton Department of Public Works and Utilities Conference Room 805, 888 13th Ave. E, Bradenton, Florida 34208.

Question Submission Deadline: November 10, 2025, 5:00pm

Response Submission Deadline: November 24, 2025, 2:30pm

Evaluation Meeting: December 5, 2025

Presentation by Short-Listed Proposers: December 17, 2025

Notice of Recommended Award: December 19, 2025

Contract Award: January 28, 2026

1.3 Procurement Contact

Nicholas Toth Department:

Purchasing Analyst Public Works nicholas.toth@bradentonfl.gov

(941) 714-7504

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INSTRUCTION TO PROPOSERS

2.1 PURPOSE

City of Bradenton will receive proposals on the date indicated in OpenGov for the purpose of selecting a qualified proposer to provide Construction Manager At Risk (CMAR) Services for WRF Equalization Tank.

Proposers are required to comply with SCOPE OF SERVICES section of this RFQ.

2.2 PROPOSER

A. For the purpose of this RFQ, the term “Proposer” is defined as the legal entity submitting a proposal.

Proposals will be evaluated in accordance with Section 287.055, Florida Statute.

B. Proposers intending to submit an offer as a joint venture with another company must provide documentation attesting to the formation of that joint venture with their submittal. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the

Proposer.

2.3 BACKGROUND

The Bradenton Water Reclamation Facility (WRF) equalization tank is part of a phased approach to improve reliability and resiliency at the WRF during severe wet weather events. The additional storage provided by this project will allow for excess influent flow to be retained on-site until hydraulic capacity becomes available for treatment. Under a continuing services contract, the City has engaged Kimley-Horn to design a 2-3 MG equalization tank, Phase 1 of a larger project. In conjunction with this design effort, the City is seeking proposals from qualified CMARs to provide preconstruction services and ultimately construction management for the installation and testing of the new facility.

2.4 QUALIFICATIONS

A. The Proposer must be a Certified General Contractor (CGC) or a Certified Utility Contractor licensed from the State of Florida Department of Business and Professional Regulations at the time of submittal.

B. Proposals should demonstrate experience with providing Construction Manager at Risk Services.

C. Preferred Qualifications

1. Proposals demonstrate experience with at least one (1) project for the installation of one (1) MG or greater concrete tanks for the storage of wastewater within the past ten (10) years.

2.5 RFQ SCHEDULE

An anticipated schedule is provided below. This schedule is subject to change at any time. All public meeting will be posted on OpenGov and the City’s webpage under the Government Calendar. Short-listed Proposers should be prepared to attend presentations and/or interviews either in person or virtually, at the City’s discretion.

https://procurement.opengov.com/portal/cityofbradenton/projects/208894/document?section=1955007

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Release Project Date: October 24, 2025

Pre-Proposal Meeting (Non-Mandatory): November 3, 2025, 10:00am

City of Bradenton Department of Public Works and Utilities Conference Room 805, 888 13th Ave. E, Bradenton, Florida 34208.

Question Submission Deadline: November 10, 2025, 5:00pm

Response Submission Deadline: November 24, 2025, 2:30pm

Evaluation Meeting: December 5, 2025

Presentation by Short-Listed Proposers: December 17, 2025

Notice of Recommended Award: December 19, 2025

Contract Award: January 28, 2026

2.6 PRE-PROPOSAL CONFERENCE

A. A non-mandatory pre-proposal meeting is schedule for 10:00 am on Monday, November 3, 2025 at

City of Bradenton Department of Public Works and Utilities Conference Room 805, 888 13th Ave. E, Bradenton, Florida 34208..

B. When applicable, Proposers are advised to visit each location to familiarize themselves with all work areas. Failure to do so will in no manner relieve the Proposer from furnishing materials or services that may be required to carry out and complete the contract in accordance with the intent of the specifications listed here.

C. Questions asked at a pre-proposal conference will be formally answered via an addendum. Proposers shall not rely on oral communication.

2.7 SUBMITTAL INSTRUCTIONS

A. Proposal must be submitted electronically in OpenGov no later than the bid end date specified in

OpenGov. OpenGov will not accept any submittals past the due date and time. Proposals submitted by any other method will not be accepted. The City assumes no responsibility for any Proposals received after the bid end date. Late submittals will not be accepted.

B. Proposals submitted cannot be viewed by anyone other than the Proposer until the official bid opening occurs. Submitted proposals will be made public in accordance with Florida Public Record laws found in

Chapter 119.071(b)2, Florida Statutes.

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2.8 SUBMITTAL REQUIREMENTS

A. Electronic Forms - The forms below are provided in the RFQ SUBMITTAL REQUIREMENTS section.

Failure to complete and submit any of the forms listed below with a submittal may cause a Proposer to be declared non-responsive.

1. Interest in Competitive Bid Form

2. Non-Collusive Form

3. Public Entity Crimes Form

4. Negligence or Breach of Contract Form

5. Anti-Human Trafficking Affidavit

6. SunBiz Registration Documentation

B. Certifications - The following certifications must be made in the RFQ SUBMITTAL REQUIREMENTS section. Failure to certify will cause the Proposer to be declared non-responsive.

1. Examination of Documents

2. Scrutinized Companies

3. Drug-Free Work Place

2.9 SUBMITTAL DOCUMENTS

In addition to the forms listed above, proposals must include the documents below. Failure to provide any of the below documents with a submittal may cause a Proposer to be deemed non-responsive. Proposal documents shall be uploaded in the appropriate area(s) of the RFP SUBMITTAL REQUIREMENTS section.

A. Letter of Interest – Provide a single-page Letter of Interest

B. Proposer Information – Provide basic information about the Proposer, including years in business, contact information, company location, company history, summary of qualifications, and disclosure of conflict of interest.

C. Licenses and Certifications – Provide copies of required licenses and certifications as listed in

QUALIFICATIONS Section above.

D. Resumes of Key Personnel demonstrating the minimum and preferred qualifications as outlined above.

E. Experience & Capabilities - Provide a maximum of five (5) projects that have been completed within the past ten (10) years for consideration. Projects submitted should demonstrate the experience of the

Proposer, sub-contractors, and current team members who may have worked for other firms on similar projects and provide detailed information regarding the Proposer’s capabilities, project management techniques, and project controls. Projects submitted should also include the project https://procurement.opengov.com/portal/cityofbradenton/projects/208894/document?section=undefined https://procurement.opengov.com/portal/cityofbradenton/projects/208894/document?section=undefined https://procurement.opengov.com/portal/cityofbradenton/projects/208894/document?section=undefined

Revised 12.19.24Request For Qualification #26-007NT Title: Construction Manager At Risk (CMAR) Services for WRF Equalization Tank Page 7 reference name and telephone number, project start date, scheduled end date and actual end date, and project budget and actual cost.

F. Current and Projected Workload - Provide a list of all active and awarded projected projects.

G. Project Approach -Provide a detailed project approach, including the proposed strategy for providing the services requested. Anticipated resources, including staffing levels, technology, and equipment should be provided.

o Project management techniques, controls, programs, and technologies to be employed to meet project schedule and budget requirements.

o Proposed public outreach approach and components.

o Assignment of personnel to provide the most efficient service.

o Organizational chart delineating personnel assigned to the project including sub-contractors).

o Who in the organizational chart (including sub-contractors) will oversee the performance of the work to provide the most efficient services.

o Detailed information explaining how the location of the firm, key personnel, and sub-contractors will affect the project, including how the impact of any physical distance will be mitigated.

o Organizational chart showing the corporate management structure of the Proposer.

H. Schedule/Timeline - Prove a graphical representation of the proposed schedule/timeline indicating major milestones and deliverables.

2.10 EVALUATION

A. All timely responses meeting the criteria set forth in this RFQ will be evaluated by members of the

City’s Evaluation Review Committee (“Committee”).

B. Proposals will be evaluated in accordance with Section 287.055, Florida Statutes and the scoring and evaluation criteria listed in this RFQ.

C. The Committee will evaluate and score all responsive and responsible proposals using the evaluation criteria in the SCORING AND EVALUATION CRITERIA section of this RFQ. The Committee will conduct discussions with, and may require presentation by, no fewer than the three (3) highest scoring

Proposers.

D. Following discussions or presentations, the Committee will rank the short-listed Proposers and recommend the first rank Proposer for award.

2.11 AWARD

A. It is the intent of the City to award a contract(s) to the Proposer(s) who, in the sole opinion of the City are most qualified to perform the scope of services required.

https://procurement.opengov.com/portal/cityofbradenton/projects/208894/document?section=1955009

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B. In the event of a tie, the tie-breaking procedures identified in the General Terms and Conditions will apply.

C. The successful Proposal shall be required to submit proof of licenses or certifications as required by the

City.

2.12 CHANGES IN PROJECT TEAM

Any changes in the project team of a short-listed firm should be brought to the attention of the City as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individuals being substituted for an original project team member, must be submitted, prior to oral presentations, to

Nicholas Toth, prior to the scheduled evaluation committee meeting.

2.13 REUSE OF EXISTING PLANS

The plans on this project are subject to reuse in accordance with Section 287.055 (10), Florida Statutes.

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SCOPE OF SERVICES

3.1 Overview

A. The City is seeking qualified Proposer to provide Construction Management at Risk (CMAR) services to install a 2-3 MG concrete equalization tank and appurtenances at the WRF at 17th Ave W and 1st St.

B. Design Services have been awarded through a separate contract. The selected CMAR shall coordinate with the City's selected design consultant.

C. The project is partially funded through a FDEP Resiliency Grant with an expiration date of September

30, 2028.

3.2 Project Requirements

A. The Project consists of the installation of a 2-3 MG concrete, water tight structure, a stationary cover, aeration and mixing system, pump station and electrical and controls package.

B. Programmatic components from the design team are in a design development stage and expected to be at 60% design phase by the time a CMAR contract is awarded.

C. The CMAR is required to for maintenance of flow through the components being remediated as part of this project.

3.3 Scope of Services

A. Contactor shall provide complete CMAR services to include pre-construction and construction phase services for the facility as identified in the scope.

B. The selected CMAR will enter into a contract with the City for pre-construction services, including the furnishing of a Guaranteed Maximum Price (GMP) proposal for construction phase services. If the proposal is accepted, the City will amend the pre-construction services contract to include construction phase services. At the time the pre-construction services are negotiated, the City may elect to negotiate the percentage of CMAR Fee, as well as other aspects of the services to be provided by the

CMAR during the construction phase.

C. Generally, Pre-construction Phase Services will include such services:

1. Consult with, advise, assist and make recommendations to the City and Design Team.

2. Work with Design firm to facilitate value engineering, constructability and periodic cost estimate.

3. Review plans and specifications and make recommendations with respect to construction feasibility, availability of material and labor, and time requirements for procurement and construction.

4. Comparative cost/benefit analyses for various construction means and methods and budget/schedule impact as specific phases of the overall design are developed in order to ensure

Revised 12.19.24Request For Qualification #26-007NT Title: Construction Manager At Risk (CMAR) Services for WRF Equalization Tank Page 10 the development and completion of contract documents within the budget and schedule limitations.

5. Bring attention to City Project Manager and Design Team any known discrepancies in the design drawings and specifications.

6. Provide detailed cost estimating and knowledge of marketplace conditions.

7. Identify items that have a potential to be procured directly by the City.

8. Prepare an estimating and permitting timeline outlining the tasks required during the pre-construction phase.

9. Provide project planning and schedule for both design and construction phases.

10. Ongoing monitoring and controlling of the schedule and advise the City of ways to gain efficiencies in the project deliver and reduce overall project deliver time.

11. Attend Project Team meetings with the City and the Design Team at regularly scheduled intervals throughout the pre-construction phase. According to the phase, frequent (weekly/bi-weekly)

Project Team meetings are anticipated prior to the City’s acceptance of the GMP.

12. Prepare an updated estimate based on 60% and 90% construction drawings and specifications within thirty (30) calendar days of receipt of drawings and specifications.

a. Any significant deviations from the previous estimate relative to quantities, costs and schedule will be identified along with a suggested action plan to realign the project with the budget. The estimate will be a detailed and comprehensive exercise further narrowing the scope of assumptions and qualifications.

13. Submit a GMP estimate based on 100% construction documents and specifications within forty-five

(45) calendar days of receipt. The estimate will be a summary of general conditions, general requirements, insurances, bonds, fees, costs of the work and actual subcontractor proposals tabulated with detailed scope completeness and accuracy, along with assumptions and qualifications.

14. Develop a comprehensive bid packages for each construction trade during GMP subcontractor bidding.

a. The City Purchasing Department shall approve the process used by the CMAR for notifying, accepting, and awarding sub-contractors for each of the trades. CMAR shall select at least three

(3) qualified subcontractor bidders; shall diligently work to include local area businesses;

identify long-lead delivery materials and equipment; work with the City to identify qualified vendors and complete subcontractor and vendor negotiations after GMP approval and construction services agreement is finalized.

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D. Construction phase shall commence upon the City’s acceptance of the Contractor’s GMP. CMAR shall become the single point of responsibility for the performance of the construction contract for the project. The CMAR shall be responsible for all elements of work that require subcontracts and shall be held responsible for replacement of subcontracts that fail to perform. CMAR shall function in the role as a general contractor providing all necessary services including but not limited to:

1. Provide the overall project schedule and provide periodic detailed updates.

2. Participate in regularly scheduled project coordination meetings.

3. Provide construction supervision and administration services to ensure compliance with design documents and permitting coordination.

4. Oversight of the construction site when work is being performed.

5. Develop, maintain and record all construction documents.

6. Supervise and direct all work and be responsible for the construction means, methods, techniques, sequences and procedures for the project.

7. Complete the project within the approved schedule and GMP.

8. Establish, implement and maintain quality control standards.

9. Provide any additional construction services as deemed necessary by the City.

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SCORING AND EVALUATION CRITERIA

Proposals will be evaluated based on price, quality and service, using the evaluation criteria below.

No. Evaluation Criteria Scoring Method Weight (Points)

1. ABILITY OF PROFESSIONAL PERSONNEL

Experience and qualifications of the Proposer.

Experience and qualifications of the Proposer’s

Key Personnel and sub-contractors

Points Based 40 (40% of Total)

2. PROPOSER’S PAST PERFORMANCE AND

EXPERIENCE

Relevant project experience of Proposer and sub-contractors with projects that indicate proficiency in similar work with public outreach.

Points Based 25 (25% of Total)

3. PROJECT APPROACH

Project management techniques, controls, program and technologies.

Proposed public outreach approach and components.

Proposed project management techniques & controls.

Personnel assigned.

Innovation

Proposed timeline, indicating major milestones.

Points Based 35 (35% of Total)

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GENERAL TERMS AND CONDITIONS OF SOLICITATIONS

5.1 SUBJECT TO THESE TERMS

All Offers submitted are subject to the terms and conditions specified herein (the “Terms and Conditions”).

Offers which do not comply with these conditions are subject to rejection. These Terms and Conditions are subject to the order of precedence set forth in Section 4.3 below.

5.2 DEFINITIONS

A. City shall mean City of Bradenton

B. Offer shall mean the response submitted by an offeror to the City’s solicitations

C. Offeror shall mean the legal entity or individual submitting an Offer to the City in response to a solicitation. Offeror may also be referred to in solicitation documents as bidder, consultant, firm proposer, vendor or contractor.

D. Solicitation shall mean a document or documents released by the City of Bradenton for the purpose of obtaining goods or services. Solicitation shall be considered the same as an Invitation for Bid (IFB), Request for Proposal (RFP) or any other title designated by the City to solicit goods or services.

E. Evaluation Committee shall mean those individuals approved by the City Administrator, or designee, to evaluate Offers.

5.3 ORDER OF PRECEDENCE

If a conflict arises between these “Terms and Conditions”, the following ORDER OF PRECEDENCE will apply:

A. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services”

B. City of Bradenton Procurement Code and Ordinances and Policies

C. Special Conditions and Supplemental Instructions

D. Detailed Scope of Work

E. These Terms and Conditions

5.4 AVAILABILITY OF DOCUMENTS

A. All documentation related to the Solicitation shall be available through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.

B. It is solely the responsibility of each Offeror to ensure they have obtained current copies of all documents issued by the City in relation to any Solicitation.

C. Only documents obtained directly through https://procurement.opengov.com/portal/cityofbradenton are official versions. Offerors who rely on any other sources for such documents, do so at their own risk.

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5.5 CLARIFICATION & ADDENDA

A. Any inquires, suggestions or requests concerning interpretations, clarification or additional information pertaining to the Solicitation shall be submitted electronically via OpenGov. All questions must be received no later than the deadline for questions specified in the solicitation. No verbal requests for information will be honored. All responses to inquiries will be posted in OpenGov.

B. The electronic response posted in OpenGov is the only official method whereby interpretations, clarifications or additional information will be provided. It shall be the responsibility of each Offeror, to visit https://procurement.opengov.com/portal/cityofbradenton and determine if addenda were issued and to make sure any such addenda are a part of the Offer.

C. The City shall not be responsible for oral interpretations or representations made by City employees, representatives or third parties. Any questions raised at a pre-solicitation meeting will be formally answered in an addendum.

D. By submitting an Offer, Offerors acknowledge receipt of any and all issues addenda, and agree to the provisions of each.

5.6 GOVERNMENTAL RESTRICTIONS

In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered in the Solicitation prior to delivery, it shall be the responsibility of the Offeror to immediately notify the Purchasing Division in writing, indicating in such notice the specific regulation requiring an alteration. The City reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the resulting contract at no further expense to the City.

5.7 PUBLIC MEETINGS

Notice of any public meeting pertaining to the Solicitation shall be posted on the City calendar.

5.8 RESPONSIVENESS TO SOLICITATION REQUIREMENTS

A. To be responsive, an Offeror shall submit an Offer that conforms in all material respects to the requirements set forth in the Solicitation.

B. Failure to submit the required forms and information in the manner specified may result in the Offer being found non-responsive, at the sole discretion of the City.

C. Offerors are required to submit pricing on forms supplied by the City. Offers, may be deemed non-responsive if required forms are not used and duly sign by an authorized representative of the Offeror.

D. The City objects to and shall not consider any additional terms or conditions submitted by an Offeror, including any appearing in documents attached as part of the Offer, that are inconsistent with these

Terms and Conditions. In submitting an Offer, Offeror agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with

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Offer, shall be grounds for rejecting an Offer.

5.9 QUALITY GUARANTEE

A. Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by any resulting contract shall be new and of the most suitable grade for the purpose intended.

B. If any product/service delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed in this solicitation, the Offeror shall pick up the product of the City at no expense to the City. The City reserves the right to reject any or all materials if, in its judgement, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. Also, the Offeror shall refund the City any money which has been paid for same.

5.10 RESPONSIBILITY

A. To be responsible an Offeror shall have the demonstrated capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will ensure good faith performance. The City reserves the right to make such investigations as it deems necessary to determine the ability of any Offeror to deliver the goods or services requested in accordance with the Solicitation documents to City’s satisfactions within the prescribed time.

B. The Offeror shall provide information the City deems necessary to make this determination. Such information may include, but not limited to: project references, current financial statements, projected project schedule(s), verification of availability of equipment and personnel, evidence of authority to conduct business in the jurisdiction where services are being provided, and past performance records.

C. The City may review any scope of work with an Offeror before accepting the offer. Before award of a resulting contract, the Offeror shall furnish to the City an analysis of its prices, if requested to do so.

5.11 PROPOSAL DELIVERY AND SUBMISSION REQUIREMENTS

A. All documentation related to the Solicitation shall be available through the City e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.

B. Trade Secrets – To the extent Offeror desires to maintain the confidentiality of materials deemed

“trade secrets” pursuant to Florida law, such material must be segregated from the portions of the

Offer that are not being declared as “trade secrets.” In addition, Offeror shall cite, for each trade secret being claimed on each relevant page, the Florida Statute which supports the designation. Further, Offeror shall offer a brief written explanation as to why information claimed as trade secret fits the cited statute number. Upon receipt of any request or demand by any person seeking release of

Offeror’s “trade secrets”, the City shall immediately notify Offeror in writing of such request, demand

Revised 12.19.24Request For Qualification #26-007NT Title: Construction Manager At Risk (CMAR) Services for WRF Equalization Tank Page 16 or obligation. Offeror shall within three (3) business days either (i) at its own expense and time, seek or initiate an action to quash, limit, modify, narrow the scope of, and/or otherwise intervene, obtain a protective order and/or defend against, any requested disclosure if it objects to the request or (ii) advise the City that it has no objection to the disclosure. Offeror shall defend and indemnify the City against any action brought to compel compliance, and against any out-of-pocket expense, including, but not limited to court costs, all costs of litigation, attorney’s fees, fines, and statutory damages, to the extent arising from the City’s failure to consent to disclosure of the requested “trade secrets.”

C. Solicitation Opening

1. To the extent required by law, the opening of the Offers shall be publicly opened on the date and at the time specified on the Solicitation. It is the Offeror's responsibility to assure that the Offer is delivered at the proper time and place for the opening. Offers, which for any reason are not so delivered, will not be considered. Offers by fax or telephone are not acceptable. An Offer may not be altered after the opening of the Offers.

2. All Offer documents shall be submitted in writing, signed by the Offeror or the Offeror's duly authorized agent, and shall be submitted as instructed on page one prior to the date and time scheduled for the opening of Offers.

3. The Purchasing Manager, or designee, shall publicly open, in the presence of a witness, all Offers at the time and place specified in the Solicitation.

D. An Offeror may withdraw an Offer any time prior to the opening of the Solicitation. After Solicitations are closed, but prior to award of the contract by the City Council or City Administrator, the City

Administrator, or designee, may allow the withdrawal of an Offer because of the mistake of the Offeror in the preparation of the Offer. In such circumstance, the decision of the City Administrator, or designee, to allow the Offer withdrawal, although discretionary, shall be based upon a finding that the

Offeror, by clear and convincing evidence, has met each the following four conditions:

1. The Offeror acted in good faith in submitting the Offer,

2. The mistake in the preparation of the Offer was of such magnitude that to enforce compliance by the Offeror would cause a severe hardship on the Offeror,

3. The mistake was not the result of gross negligence or willful inattention by the Offeror; and

4. The mistake was discovered and was communicated to the City prior to the City Council or City

Administrator formally awarding the resulting contract.

5.12 SOLICITATION EXPENSES

Offeror shall bear all costs and expenses incurred in developing, preparing, and submitting an Offer. This includes any expense related to demonstrations or the providing of sample materials or items requested by the City.

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5.13 IRREVOCABLE OFFER

As indicated above, any Offer may be withdrawn until the date and time set for opening of the Offers. All withdrawals must be requested in writing via email or letter. Any Offer not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one-hundred and twenty (120) days, unless specifically provided by the Solicitation, in which event that time period will prevail.

5.14 TIE BREAKING

A. IFB Tie Breaking Procedures

1. When two or more Offers for goods or services are determined to be equal with respect to price, quality and service, the Offer received from the business that certifies it has implemented a drug-free workplace program pursuant to Section 287.087; Florida Statutes, shall be given preference in the award process. If all of the tied Offerors have certified that they are drug-free workplaces, award shall be determined by coin toss conducted by the Purchasing Manager before at least one witness.

B. RFP Tie Breaking Procedures

1. In the event of any tie (in the ranking criteria) the following may take effect:

2. If there is a tie (two or more firms have the same number of 1st place rankings), then the firms that has the highest number of 1st place and 2nd place rankings shall be the first ranked firm. This method shall be used for all ties.

3. If there is a tie (two or more firms) having the same number of 1st and 2nd place rankings and both

Offerors have certified it has implemented a drug-work place program pursuant to Section

287.087; Florida Statutes, award shall be determined by a coin toss conducted by the Purchasing

Manager before at least one witness.

5.15 PROTEST

A. Protests are processed in accordance with the procedures set forth in the City of Bradenton’s Protest

Policy, which can be obtained on the City’s website.

5.16 INSURANCE

Before performing any services, awarded Offeror shall procure and maintain, during the life of the resulting contract, unless otherwise specified, the insurance listed below. The insurance policies shall be primary and written on forms acceptable to the City and placed with the insurance carriers approved and licensed by the

State of Florida Office of Insurance Regulation and meet a minimum financial AM Best Company rating of no less than "A-Excellent: FSC VII."

The City, its officers, agents, and employees, shall be named as additional insureds on all policies required

(excluding worker’s compensation). No changes may be made to these specifications without specific prior written approval of the City. The City shall retain the right to review, at any time, coverage, form, and amount of insurance.

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Workers’ Compensation/Employers Liability:

Part One - There shall be no maximum limit (other than as limited by the applicable statute) for liability imposed by Florida Workers' Compensation Act or any other coverage required by the Agreement which are customarily insured under Part One of the standard Workers' Compensation Policy.

Part Two - The minimum amount of coverage required by the Agreement which are customarily insured under

Part Two of the standard Workers' Compensation Policy shall be:

(Each Accident) $100,000

(Disease-Policy Limit) $500,000

(Disease-Each Employee) $100,000

Commercial General Liability.

The limits are to be applicable only to services performed under the Agreement and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 2503) a Commercial General Liability Policy with the following minimum limits.

General Aggregate:

Products/Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage (Any One Fire) $Nil

Medical Expense (Any One Person) $Nil

ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida shall be specifically named as additional insured on the Commercial General Liability Policy.

Business Auto Policy

Each Occurrence Bodily Injury and

Property Damage Liability Combined $300,000

Annual Aggregate (if applicable) $1,000,000

ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida, shall be specifically named as additional insured on the Business Auto Policy.

ADDITIONAL OR OPTIONAL INSURANCE (Depends on project requirements.)

Umbrella Liability

N/A unless being used to meet underlying coverage requirements.

Liquor Liability

All awarded Offerors serving alcohol as part of the scope of the Solicitation will be required to obtain Liquor

Liability insurance.

Miscellaneous Insurance

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All other types of insurance as required by the scope of work or specifications.

Professional Liability

If applicable, in the minimum amount of $1,000,000.

Hazardous Material

If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out a resulting contract, no further work is to be performed in the area of the hazardous materials until the Project Manager and City’s Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverage through a change order to the project.

Contractor/Vendor’s Pollution Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under a resulting contract including, but not limited to, all hazardous materials identified under a resulting contract.

Asbestos Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under a resulting contract.

Disposal

When applicable, the awarded Offeror shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $1,000,000 per claim and

$2,000,000 in the aggregate.

Hazardous Waste Transportation

When applicable, the awarded Offeror shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance and Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $2,000,000 annual aggregate and provide valid EPA identification number.

The Certificates of Insurance (COI) shall clearly state the hazardous materials exposure work being performed under this Agreement.

Builder’s Risk

When applicable, special form coverage shall include, but not be limited to:

A. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to a resulting contract;

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B. Theft coverage;

C. Waiver of Occupancy clause endorsement;

D. Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis;

E. Maximum deductible clause of $50,000 each claim.

Certificates of Insurance and Copies of Policies

Certificates of Insurance in triplicate evidencing the insurance coverage specified herein shall be filed with the

Purchasing Division before services begin. The required certificates of insurance shall name the types of policy, policy number, date of expiration, amount of coverage, companies affording coverage, and also shall refer specifically to the Agreement. All insurance policies required herein shall be issued by companies that are authorized to do business under the laws of the State of Florida and hold an A.M. Best rating of A- or better.

Insurance, as specified herein, shall remain in force and effect for the duration of the Agreement, including any warranty periods.

Complete Policies:

The entire and complete insurance policies required herein shall be provided to the City on request. If the initial insurance expires prior to the completion of services by the awarded Offeror, renewal certificates of insurance and required copies of policies shall be furnished by the awarded Offeror and delivered to the

Purchasing Official thirty (30) days prior to the date of their expiration. Nothing herein shall in any manner create any liability of the City in connection with any claim against the awarded Offeror for labor, services, or materials, or of subcontractors; and nothing herein shall limit the liability of the awarded Offeror or its sureties to the City, or to any workers, suppliers, material men or employees in relation to the resulting contract.

By way of its execution of the resulting contract, awarded Offeror:

A. Represents that awarded Offeror maintains, and will maintain during the term of the resulting contract, insurance coverage from responsible companies duly authorized to do business in the State of Florida and deemed acceptable to the City; and

B. Agrees that insurance should not be cancelled without thirty (30) days’ notice to the City and must be endorsed to provide same. Failure of the awarded Offeror to obtain and maintain proper amounts of insurance at all times as called for herein shall constitute a material breach of the resulting contract, which may result in immediate termination.

Certification Requirements – In order for the certificate of insurance to be accepted it must comply with the following:

A. The certificate holder shall be:

The City of Bradenton, A political subdivision of the State of Florida

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101 Old Main Street

Bradenton, FL 34205-7865 Reference:

B. Certificate shall be mailed to:

The City of Bradenton

101 Old Main Street

Bradenton, FL 34205

Attn: Purchasing

5.17 SUNBIZ

All Offerors shall be registered under the State of Florida to perform the services required in the Solicitation.

Registration Certificate to be provided by the Florida Department of State, Division of Corporations, establishing an Offeror as eligible to conduct business in the State of Florida. Please refer to website:

www.sunbiz.org.

5.18 RESERVED RIGHTS

A. The City reserves the right to accept or reject any or all Offers, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request clarifications or additional information from Offerors.

B. The City reserves the right to accept all or any part of the Offer and to increase or decrease quantities to meet additional or reduced requirements of the City.

C. Any sole Offer received by the submission date may or may not be rejected by the City Administrator or designee. In the event the City rejects the sole Offer, it may elect to negotiate with any responsible provider.

D. The City Administrator or designee, reserves the right to cancel a Solicitation at any time and to cancel any recommended award or recommended contract at any time prior to execution.

E. Offerors are advised that any person, firm, or other party to whom they propose to award a subcontract must meet all minimum qualifications as stated in the Specifications.

F. Unless otherwise stated in the Solicitation, any resulting contract resulting from the Solicitation is non-exclusive. The City reserves the right, in its sole opinion, to purchase goods or services listed in the

Solicitation through the State of Florida Contracts, cooperatives, other current government contracts, and non-profit contracts as provided in the City’s Procurement Code. The City reserves the right to solicit separate requirements that are a portion of a larger contract as a whole. Additionally, at the

City’s sole option, additional contracts may be entered into as a result of such situations as unusual volumes, time/delivery requirements, special requirements, other brands, lease, project specific requirements, or similar situations.

https://www.sunbiz.org/

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G. The City reserves the right to correct formula errors on forms provided by the City for use by the

Offeror.

H. After award of the Solicitation, the City reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. At contract renewal time(s) or in the event of significant industry wide market changes, the City may negotiate justified adjustments such as price, terms, etc., to this contract when the City, in its sole judgment, considers such adjustments to be in the best interest of the City. The City may or may not require the prospective Offeror to participate in negotiations and to submit additional technical information or other revisions to their Offer as may result from the negotiations.

I. If a resulting contract is terminated, the City reserves the right to go to the next lowest responsive

Offeror with the balance of the resulting contract, unless otherwise stated in the Solicitation.

J. The City reserves the right to refuse to award to any Offeror based upon prior contractual relationships between that Offeror, or a substantially related person or entity, and the City. This shall include, but is not limited to, situations in which the Offeror or, a substantially related person or entity, has had its contractual relationship with the City terminated or issued notice of default within three (3) years of the date of the issuance of the Solicitation.

K. Any awarded Offeror or subcontractor that will have access to City facilities or property may be required to be screened to a level that may include but is not limited to; fingerprints, statewide criminal and juvenile records check. There may be fees associated with these procedures. These costs are the responsibility of the Consultant or subcontractor.

5.19 CONTACT WITH CITY STAFF

A. After the issuance of the Solicitation, prospective Offerors or any agent, representative or person acting at the required of such Offer shall not contact, communicate with or discuss any matter relating in any way to the solicitation with any officer, agent, or employee of the City, including members of the

Evaluation Committee, other than the Purchasing Manager or Purchasing Analyst named in the

Solicitation. Failure to comply with this provision may result in the disqualification of the Offer, at the option of the City.

B. This prohibition begins with the issuance of any solicitation and ends upon issuance of a purchase order or execution of a resulting contract, whichever comes first, or upon cancellation of the solicitation. Violation of this prohibition may result in the Offeror being considered non- responsible.

C. Notwithstanding the forgoing, during the negotiation period, Offeror may communicate with those members of the City staff, consultants, or third parties designated by the City.

5.20 COLLUSION

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A. By submitting an Offer to a Solicitation, the Offeror certifies that it has not divulged to, discussed or compared its offer with other Offerors and has not colluded with any other Offeror or parties to the

Offer whatsoever.

B. An offer may be disqualified if an offeror submits more than one Offer or if there is evidence of collusion.

5.21 RESULTING CONTRACT

A. Any resulting contract may, at the sole discretion of the City, contain provisions that differ from the terms of the Solicitation.

B. The successful proposer shall covenant and agree that it and its employees have complied with the

Florida Statutes pertaining to the licensing of employees, as applicable.

C. In the event the successful proposer shall be placed in any form of bankruptcy or make an assignment for the benefit of creditors, the City Manager may declare the same a default of the agreement which may be terminated pursuant to these terms and conditions.

5.22 APPLICABLE LAWS

A. Prior to entering into a resulting contract with the City, an Offeror must be authorized to transact business in the State of Florida. Copy of the Registration Certificate and information should be submitted with Offer but is not required.

B. Applicable provisions of all federal, state, county and local laws and of all ordinances, rules and regulations shall govern development submittal and evaluation of all Offers received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting an Offer hereto and the City, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise and lack of knowledge by any Offeror shall not constitute a cognizable defense against the legal effect thereof. This includes revisions or as amended thereof. Any involvement with the City shall be in accordance with but not limited to:

1. City Administrative Regulation and Ordinances

City of Bradenton Procurement Ordinance 2-237

2. Florida State Statues

a. Chapter 287. Florida Statutes, Procurement of Personal Property and Services (where applicable).

b. Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed Offers received by the City. Pursuant to this solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I, of the Florida Constitution, until such time as the agency provides notice of a decision or intended decision pursuant to s.

119.071(2) or within 30 days after Offer opening whichever is earlier.

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C. It shall be the responsibility of the Offeror to assure compliance with all other federal, state, county, or city codes,…