Continuing_Contract_for_Water_Utilities_Pipeline,_Pump_Station_Treatment,_Construction_Manager_at_Risk_(CMAR),_and_Other_Services.pdf

REQUEST FOR QUALIFICATION

2025-RFQ-009

CONTINUING CONTRACT FOR WATER UTILITIES PIPELINE, PUMP

STATION/TREATMENT, CONSTRUCTION MANAGER AT RISK

(CMAR), AND OTHER SERVICES

City of Lakeland

1140 E. Parker Street

Lakeland, FL 33801

RELEASE DATE: February 17, 2025

DEADLINE FOR QUESTIONS: February 28, 2025

RESPONSE DEADLINE: March 10, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/lakelandgov https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Lakeland

REQUEST FOR QUALIFICATION

Continuing Contract for Water Utilities Pipeline, Pump

Station/Treatment, Construction Manager at Risk (CMAR), and Other

Services

I. NOTICE

II. INTRODUCTION

III. SCOPE OF WORK

IV. SELECTION CRITERIA

V. INSURANCE AND SAFETY REQUIREMENTS

VI. SPECIFICATION OF SAFETY AND OCCUPATIONAL HEALTH

VII. VENDOR QUESTIONNAIRE

Attachments:

A - Indemnification 2025 Contractor

F - Contractor Safety Evaluation Form

H - RFQ - Prequalification for Water Utilities Pipeline, Pump Station, Treatment, CMAR, and Other Services (Rev 1)

Request For Qualification #2025-RFQ-009 Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk (CMAR), and Other Services

1. NOTICE

REQUEST FOR QUALIFICATIONS

Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

(CMAR), and Other Services

FOR THE CITY OF LAKELAND

Monday, February 17, 2025

RFQ No.2025-RFQ-009

Qualification packages will be received electronically by the Purchasing Manager via OpenGov, the City’s e-Procurement Portal (“Portal”), until 2:00 pm – Monday, March 10, 2025. Qualifications received after this specified time and date will not be considered.

Qualification Documents may be accessed by visiting our Website athttps://procurement.opengov.com/portal/lakelandgov or by contacting the City of Lakeland

Purchasing Division @ (863) 834-6780.Qualification Documents are Required for Submittal.

Respondents are required to submit their response through the Portal. Respondents shall sign up on the Portal if an account does not exist.

THE CITY OF LAKELAND IS SEEKING TO PREQUALIFY AT LEAST FOUR (4) UTILITY CONTRACTORS TO

PERFORM WORK AS REQUIRED FOR EMERGENCY AND/OR PLANNED WORK ON THE CITY OF

LAKELAND’S INFRASTRUCTURE. THE PREQUALIFIED UTILITY CONTRACTORS (HEREIN CALLED

“CONTRACTOR(S)”) WILL COMPETE FOR A SERIES OF WORK ORDERS TO PROVIDE CONSTRUCTION, CONSTRUCTION MANAGEMENT, START UP, COORDINATION AND OTHER MISCELLANEOUS

ASSIGNMENTS ASSOCIATED WITH THE CONSTRUCTION OF INFRASTRUCTURE PROJECTS. THE TOTAL

SCOPE OF WORK FOR THE PREQUALIFIED CONTRACTORS TO COMPETE UPON CONSISTS OF PIPELINE, PUMP STATION/TREATMENT PLANT, AND CONSTRUCTION MANAGER AT RISK (CMAR)

SERVICES. OTHER MISCELLANEOUS WATER AND WASTEWATER MAY OR MAY NOT BE ISSUED

DEPENDING ON THE NEEDS OF THE CITY.

RATES AND FEES SHALL NOT BE INCLUDED IN THIS PROPOSAL. THE QUALIFICATION SUBMITTED SHALL

BE IN COMPLETE ACCORDANCE WITH, WITHOUT LIMITATION, THIS REQUEST FOR QUALIFICATIONS, ALL CODES, SPECIFICATIONS AND REQUIREMENTS REFERENCED THEREIN.

All Questions regarding this request for qualifications shall be in writing and submitted electronically via the Portal through the Question and Answer tab before 5:00 pm on Friday, February 28, 2025.

Responses will be released on the Question and Answer Tab.

1.1. CLARIFICATION AND/OR EXCEPTIONS OF DOCUMENTATION

Bidders requiring clarification or having a dispute with these documents must advise the City Purchasing

Division of the nature of the required clarification or basis of the dispute, in writing, no later than 5:00 pm on Friday, February 28, 2025 via the Portal's Question and Answer tab. If no written contact has https://procurement.opengov.com/portal/lakelandgov

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk been made by this specified date, the Bidder waives the right to any future consideration and accepts the documents as published and/or revised by the City. Additionally, submitting a signed bid shall be construed as a total compliance statement. Note: Any use of brand names (manufacturer) in this invitation and specification is for Bidder convenience only and shall not limit this offering. Equal or better equipment and alternate bids may be given consideration.

1.2. FLORIDA PUBLIC RECORDS LAW

Respondent’s submittal information shall be subject to Chapter 119, Florida Statutes, generally known as the “Florida Public Records Law.” This statute provides that all documents, papers, records and similar material produced or received by an agency or political subdivision of the State are subject to public inspection and review under reasonable conditions and at reasonable times. Accordingly, unless specifically exempted by law, all bids and materials received with bids, marketing information, quotations, proposals, specifications, correspondence, forms, contracts, bonds, financial statements, prospectus, corporate resumes, product summaries, lab reports, inspection and test reports and any other such material will be considered a matter of public record. The City and its staff cannot regard any document, information or data as proprietary or confidential unless so advised by the City Attorney.

Additionally, should a Contractor enter into an Agreement with the City, the Contractor shall comply with Florida Statute Chapter 119, the Florida Public Records Act as it relates to records kept and maintained by Contractor in performance of services pursuant to this Agreement. In accordance with

Florida Statute §119.0701, the Contractor shall keep and maintain public records required by the City in performance of services pursuant to the contract. Upon request from the City’s custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided pursuant to Florida Statute Chapter 119 or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the

Contractor or keep and maintain public records required by the City to perform services pursuant to the contract. If the Contractor transfers all public records to the City upon completion of the contract, the

Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City.

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

1.3. EXPARTE COMMUNICATION

Please note that to insure the proper and fair evaluation of a proposal the City of Lakeland prohibits exparte communication (i.e., unsolicited) initiated by the Respondent to the City Official or Employee evaluating or considering the proposals prior to the time a bid decision has been made. Communication between Respondent and the City will be initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposal. Exparte communication may be grounds for disqualifying the offending Respondent from consideration or award of the proposal, then in evaluation, or any future proposal.

1.4. 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 submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

1.5. DRUG-FREE WORKPLACE CERTIFICATION

By submitting qualifications in response to this Request for Qualifications, you are certifying that your company is a drug-free workplace in accordance with Florida Statute 287.087.

1.6. SUSPENSION AND DEBARMENT CERTIFICATION

By submitting a bid in response to this Request for Qualifications, you are certifying that your company, pursuant to 49 CFR Part 29: (1) is not presently suspended or debarred as, and/or listed on the U.S.

General Services Administration’s System for Award Management (SAM) as such; and (2) will at all times remain eligible to bid for and perform the services subject to the requirements set forth herein and other applicable laws. Bidder agrees that any contract awarded to Bidder will be subject to termination by the City if Contractor or its subcontractors fail to comply or maintain such compliance.

1.7. INSURANCE AND SAFETY REQUIREMENTS

All insurance shall be secured from or countersigned by an agent or surety company recognized in good standing and authorized to do business in the State of Florida.

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

The Respondent shall, within ten (10) days of notification of award and prior to commencement of work, take out and maintain in full force and effect minimum insurance coverage as specified in the enclosed requirements. This insurance shall remain in force and effect throughout the duration of the contract.

A certificate of existing insurance coverage should be submitted with the qualifications as proof of insurability. If the current coverage does not meet the RFQ requirements, then the Respondent should request an affidavit of insurability from the Respondent’s insurance agent that certifies the requirements can and will be met. Failure to provide adequate insurance coverage may be cause for disqualification as non-responsive to the RFQ requirements. The Contractor agrees to accept and abide by the City of Lakeland safety regulations in complete accordance with the attached requirements.

1.8. INDEMNIFICATION AGREEMENT

The Respondent agrees to indemnify and hold harmless the City of Lakeland in complete accordance with the enclosed requirements. This agreement shall be signed, notarized and returned with the RFQ submittal. Failure to provide the Hold Harmless Indemnification Agreement may be cause for disqualification as non-responsive to the RFQ requirements.

1.9. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701

Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

1.10. ADDENDA

It is the Respondent’s responsibility to review all available project documents including Addenda, Notices and Questions & Answers prior to submitting qualifications. Respondent shall acknowledge all addenda electronically within their submission via the Portal.

The failure of a Respondent to submit acknowledgement of any addenda that affects the proposal price(s) may be considered an irregularity and may be cause for rejection of the proposal.

1.11. BID PROTEST PROCEDURE

The City’s procedure on bid disputes is located in the City’s Purchasing Manual and can be found at https://www.lakelandgov.net/departments/purchasing/bid-dispute-policy.

1.12. CONFLICT OF INTEREST / STATEMENT OF NON-COLLUSION

The award hereunder is subject to Chapter 112, Florida Statutes. All respondents must disclose with their proposal the name of any officer, director, or agent who is also an employee of the City of

Lakeland. Further, all respondents must disclose the name of any City of Lakeland employee who owns, directly or indirectly, an interest of five percent (5%) or more of the respondent’s firm or any of its branches.

https://www.lakelandgov.net/departments/purchasing/bid-dispute-policy

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

The respondent shall certify that he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the proposal and that the respondent is not financially interested in, or otherwise affiliated in a business way with any other respondent on the same land or improvements.

1.13. E-VERIFY CERTIFICATION

Vendor/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of:

All persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and

All persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the Contract with the City.

1.14. VENDOR/CONTRACTOR CERTIFICATION REGARDING SCRUTINIZED

COMPANIES

Section 287.135, Florida Statutes, as may be amended, prohibits agencies or local government entities from contracting with companies for goods or services of $1,000,000.00 or more, that are on the

Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel and that it does not have business operations with Cuba or Syria.

As the person authorized to submit responses/bids on behalf of respondent/bidder, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel or has business operations in Cuba or Syria. I understand that pursuant to section 287.135 , Florida Statutes, as may be amended, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

1.15. TERMS AND CONDITIONS OF AGREEMENT

A copy of the agreement to be entered into with the successful bidder in included with this bid as an

Attachment, should the City require such. Please include any exceptions/revisions to the agreement with your submittal for review during the evaluation period.

1.16. OPENGOV PROCUREMENT

The City of Lakeland uses OpenGov, the e-Procurement Portal (“Portal”), to administer the competitive solicitation process, including but not limited to soliciting quotes, sealed bids, proposals, and qualifications, issuing addenda, posting results and issuing notification of an intended decision. Bidders are strongly encouraged to familiarize themselves well in advance of their intention of submitting qualifications to ensure familiarity with the use of the Portal. The City shall not be responsible for a

Bidder’s inability to submit qualifications by the end date and time for any reason, including issues arising from the use of the Portal.

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

1.17. RFP SUBMITTAL

Respondent shall complete all electronic sections of their response and submit a response before the due date and time identified in the Timeline of this solicitation. Electronic sections may comprise of but are not limited to Contact Information, Addenda Confirmation, Questionnaire, Pricing and Company

Profile.

The City of Lakeland at its sole discretion reserves the right to waive technicalities or irregularities, to reject any or all proposals, and/or to accept that proposal which is in the best interest of the City. The award of this request for qualifications, if made, may be based on considerations other than total cost and may be awarded based on various considerations, including without limitation; Respondent’s experience and/or qualifications, past experience, administrative cost, standardization, technical evaluation and oral and/or written presentations as required. The City reserves the right to accept all or part, or to decline the whole, and to award this RFQ to one (1) or more Respondents. There is no obligation to buy. The RFQ, if awarded, will be in the judgement of the City the most responsive to the

City’s needs. The City of Lakeland encourages the use of minority and women owned businesses as subcontractors or in joint venture arrangements.

City of Lakeland, Florida

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

2. INTRODUCTION

2.1. Summary

The City of Lakeland (the City) is seeking to pre-qualify contractors for each of the four categories of work, including pipelines, pump stations/treatment plants, CMAR, and other services. The Pre-Qualified contractors will compete for a series of work orders associated with the construction of infrastructure projects as they become available from the City or City’s design consultant, or requested CMAR services, as deemed appropriate by the City.

These Contractors will then be asked to provide bids to the City for the construction of design packages, emergency work, misc. work, or CMAR services. The amount of work can vary based on the needs of the City, and the volume of work listed is by no means a guarantee of the amount of work that may become available. The lowest, most acceptable bidder will be selected by the City to perform the construction from among the successful prequalified contractors unless otherwise noted by the City.

The total scope of work for the prequalified contractors to compete upon consists of various emergency and/or planned work on any of the City’s infrastructure, and CMAR Services. Before any prequalified contractor is awarded more than one work package they will need to demonstrate to the satisfaction of the City that they have sufficient resources to fully satisfy the City’s budget, schedule and quality requirements.

2.2. Background

The pre-qualified contractors may be asked to prepare bids for miscellaneous utility projects such as Grit

System Improvements, Tank Cleaning/Hauling Grit, Emergency Repairs, Install/Replace/Repair Utilities, Pump/Lift Station Rehabilitation, CMAR services of AC Water Main Replacement project, or other projects not yet identified. The City makes no guarantee of the number or value of other miscellaneous utility projects that the pre-qualified contractors will be asked to bid on.

2.3. Contact Information

Tara Walls

Senior Buyer

1140 East Parker Street

Lakeland, FL 33801

Email: tara.walls@lakelandgov.net

Phone: (863) 834-6780

Department:

Water Utilities - Engineering

2.4. Timeline

The City Commission may not approve this purchase, or may ask that the plan be modified in some respect. The City may opt to modify and/or terminate the project described within the RFP.

The suggested deployment schedule contained within this RFP is subject to change based on the City’s needs and/or final scoping of the project through the contract negotiation phase.

mailto:tara.walls@lakelandgov.net tel:(863)834-6780

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

Estimated Schedule

RFQ release February 17, 2025

Pre-Proposal Meeting (Non-Mandatory) February 26, 2025, 10:00am

Risk Management & Purchasing Bid Room

1140 East Parker Street

Lakeland, FL 33801

RFQ questions deadline February 28, 2025, 5:00pm

RFQ proposal due date March 10, 2025, 2:00pm

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

3. SCOPE OF WORK

3.1. Potential Projects

The pre-qualified contractors may be asked to prepare bids for miscellaneous utility projects such as Grit

System Improvements, Tank Cleaning/Hauling Grit, Emergency Repairs, Install/Replace/Repair Utilities, Pump/Lift Station Rehabilitation, CMAR services of AC Water Main Replacement project, or other projects not yet identified. The City makes no guarantee of the number or value of other miscellaneous utility projects that the pre-qualified contractors will be asked to bid on.

The Contract shall remain in effect for one (1) year with four (4) possible one (1) year extensions, unless terminated as provided for herein.

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

4. SELECTION CRITERIA

It is the intent of the City of Lakeland to award the contract to a vendor based on:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Three References of Projects of Similar Scope

& Magnitude Within the Past 5 Years for Each

Category of Bid (Pipelines, Pump

Stations/Treatment, CMAR)

Points Based 7 (7% of Total)

2. General Project Approach Based on Review of the Company Profile Points Based 7

(7% of Total)

3. Information Provided in the Questionnaire

Information must be presented accurately, clearly and in a professional manner

Points Based 20 (20% of Total)

4. Previous Experience of Contractor Points Based 7 (7% of Total)

5. Contractors Safety Record Points Based 7 (7% of Total)

6. Financial and Bonding Ability of the Prime

Contractor to Perform this Work Points Based 15

(15% of Total)

7. Length of Time in Business (Prime Contractor) Points Based 7 (7% of Total)

8. 2025 - 2029 Work Load Projections Points Based 7 (7% of Total)

9. Key Personnel (Background and Positions) Points Based 4 (4% of Total)

10. Team Organization Chart

Include In-House and the Disciplines to be

Subcontracted

Points Based 7 (7% of Total)

11. Willingness to Meet Time & Budget Points Based 7 (7% of Total)

12. Local Business Preference Points Based 5 (5% of Total)

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

5. INSURANCE AND SAFETY REQUIREMENTS

***PLEASE NOTE: INSURANCE AND SAFETY REQUIREMENTS ARE CONTINGENT

UPON THE SPECIFIC PROJECT'S SCOPE OF WORK***

5.1. STATEMENT OF PURPOSE

The City of Lakeland (the “City”) from time to time enters into agreements, leases and other contracts with Other Parties (as hereinafter defined).

Such Agreements shall contain at a minimum risk management/insurance term to protect the City’s interests and to minimize its potential liabilities. Accordingly, the following minimum requirements shall apply:

5.2. CITY DEFINED

The term City (wherever it may appear) is defined to mean the City of Lakeland itself, its Commission, employees, volunteers, representatives and agents.

5.3. OTHER PARTY DEFINED

The term Other Party (wherever it may appear) is defined to mean the other person or entity which is the counter-party to the Agreement with the City and any of such Other Party’s subsidiaries, affiliates, officers, employees, volunteers, representatives, agents, contractors and subcontractors.

5.4. LOSS CONTROL/SAFETY

Precaution shall be exercised at all times by the Other Party for the protection of all persons, including employees, and property. The Other Party shall comply with all laws, rules, regulations or ordinances related to safety and health, and shall make special effort to anticipate and detect hazardous conditions and shall take such precautionary and prompt action where loss control/safety measures should reasonably be expected.

The City may order work to be stopped at any time, without liability, if conditions exist that present immediate danger to persons or property. The Other Party acknowledges that such stoppage, or failure to stop, will not shift responsibility for any damages from the Other Party to the City.

5.5. INSURANCE - BASIC COVERAGES REQUIRED

The Other Party shall procure and maintain the following described insurance, except for coverage specifically waived by the City of Lakeland, on policies and with insurers acceptable to the City, and insurers with AM Best ratings of no less than A.

These insurance requirements shall in no way limit the liability of the Other Party. The City does not represent these minimum insurance requirements to be sufficient or adequate to protect the Other

Party’s interests or liabilities, but are merely minimums.

"Except for workers’ compensation and professional liability, the Other Party's insurance policies shall be endorsed to name the City of Lakeland as additional insured. It is agreed that the Other Party's

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by The City of Lakeland for liability arising out of the operations of this agreement."

Except for worker’s compensation, the Other Party waives its right of recovery against the City, to the extent permitted by its insurance policies.

The Other Party’s deductibles/self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. The Other Party is responsible for the amount of any deductible or self-insured retention.

Insurance required of the Other Party or any other insurance of the Other Party shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of the City of Lakeland, Insurance, Certificates of Insurance and any Additional Insurance provisions of this agreement, contract, or lease.

5.6. Commercial General Liability

This insurance shall be an “occurrence” type policy written in comprehensive form and shall protect the

Other Party and the additional insured against all claims arising from bodily injury, sickness, disease, or death of any person other than the Other Party’s employees or damage to property of the City or others arising out of any act or omission of the Other Party or its agents, employees, or Subcontractors and to be inclusive of property damage resulting from explosion, collapse or underground (xcu) exposures. This policy shall also include protection against claims insured by usual personal injury liability coverage, and to insure the contractual liability assumed by the Other Party under the article entitled

INDEMNIFICATION, and “Products and Completed Operations” coverage.

The Other Party is required to continue to purchase products and completed operations coverage for a minimum of three years beyond the City’s acceptance of renovation or construction properties.

Bodily Injury and Property Damage -

Single limit each occurrence shall not be less than:$1,000,000.00

5.7. Business Automobile Liability

Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use.

Bodily Injury and Property Damage -

Single limit each occurrence shall not be less than:$1,000,000.00

5.8. Workers’ Compensation

Workers’ Compensation coverage to apply for all employees for statutory limits and shall include employer’s liability with a limit of $100,000 each accident, $500,000 disease policy limits, $100,000

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk disease limit each employee. (“All States” endorsement is required where applicable). If exempt from

Worker’s Compensation coverage, as defined in Florida Statue 440, the Other Party will provide a copy of State Workers’ Compensation exemption.

All subcontractors shall be required to maintain Worker’s Compensation.

The Other Party shall also purchase any other coverage required by law for the benefit of employees.

5.9. Excess Liability

This insurance shall protect the Other Party and the additional insured against all claims in excess of the limits provided under the employer’s liability, commercial automobile liability, and commercial general liability policies. The policy shall be an “occurrence” type policy, and shall follow the form of the General and Automobile Liability.

The liability limits shall not be less than: $1,000,000.00

5.10. EVIDENCE/CERTIFICATES OF INSURANCE

Required insurance shall be documented in Certificates of Insurance which provide that the City shall be notified at least 30 days in advance of cancellation, nonrenewable, or adverse change.

New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage renewals.

If requested by the City, the Other Party shall furnish complete copies of the Other Party’s insurance policies, forms and endorsements.

For Commercial General Liability coverage, the Other Party shall, at the option of the City, provide an indication of the amounts of claims payments or reserves chargeable to the aggregate amount of liability coverage.

Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the Other Party’s obligation to fulfill the insurance requirements herein.

5.11. Indemnification Agreement

See https://procurement.opengov.com/portal/lakelandgov/projects/146645/document?section=undefined

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

6. SPECIFICATION OF SAFETY AND OCCUPATIONAL HEALTH

City of Lakeland project representatives who assume responsibility for contract management will be responsible for ensuring compliance with these safety requirements by all Contractors and

Subcontractors.

6.1. General

A. All contractors are responsible for providing their employees with a safe and healthful working environment as required the Occupational Health and Safety (OSH) Act of 1970 and the

Occupational Safety and Health Administration (OSHA) standards. Therefore, the contractor and their employees are responsible for following OSHA standards, applicable state regulations, and the City of Lakeland Safety Practices and Policies.

B. The City of Lakeland's Safety Team and City management reserve the right to STOP work for any condition found to be Immediately Dangerous to Life and Health (IDLH). The contractor is solely and exclusively responsible for compliance with all safety requirements and the safety of all their employees and property on the project site. Note: Nothing in this requirement is to be construed to as removing or shifting responsibility from the contractor.

C. The parties hereto expressly agree that the obligation to comply with applicable safety provisions is a material provision of this Contract and a duty of the Contractor. The City reserves the right to require demonstration of compliance with the safety provisions of this Contract. The parties agree that such failure is deemed to be a material breach of this Agreement. The

Contractor agrees upon such breach, all work under the Contract shall terminate until compliance with the provision of this Agreement is demonstrated. In no event shall action or failure to act on the part of the City be construed as a duty to enforce the safety provisions of this Agreement, nor shall it be construed to create liability for the City for any act or failure to act in respect to the safety provisions of this Agreement.

6.2. Personal Protective Equipment (PPE) (OSHA 29CFR§1910 Subpart I)

It is the contractor’s sole responsibility to provide adequate PPE for their employees. Additionally, the contractor is responsible for training their employees in the proper selection, maintenance, use of PPE.

Minimal PPE requirements on City of Lakeland worksites:

A. Foot protection must meet ANSI Z41.1-1999 standards and worn on all City properties.

B. Head protection must meet ANSI Z89.1-1986 standards and worn in all areas except office buildings and office trailers.

C. Eye and face protection must meet ANSI Z87.1-1989 standards and worn in all areas except office buildings and office trailers.

D. Hand and Arm Protection must meet OSHA 29CFR§1910.138 requirements for proper selection, inspection, and care.

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

E. Hearing Protection must meet ANSI S3.19-74, OSHA 29CFR§1910.95(j) and 29CFR§1910.95

Appendix: B requirements. Hearing protection must be worn in areas where the noise level is over 85 dB

6.3. Housekeeping

It is the contractor’s sole responsibility to keep the project work site clean during and after working hours. Contractor shall supply waste receptacles for each site location. They shall be emptied not less frequently than once each working day, unless unused, and shall be maintained in a clean and sanitary condition. At the completion of the contract the contractor will ensure that all excess materials are removed from the work site and that the worksite is left clean and safe. If the contractor leaves a project work site unkept and in a hazardous condition; the City will have the area cleaned and forward the bill to the contractor.

6.4. Smoking

Smoking is permitted only in designated areas. Receptacle’s must be used or waste removed in contractors’ waste disposal container.

6.5. Safety Kick-offs and Safety Stand-Downs

A safety kick-off to disseminate safety expectations will be conducted before the project commences.

Safety sand-downs will be conducted when major safety concerns, accidents, or near misses occur.

6.6. Training Documentation

OSHA requires documentation of all safety training provided to employees by their employers.

Documentation of all required safety training required for work proposed for this contract must be submitted within thirty days of contract award or before commencement of contracted work. Please reference the Occupational Safety and Health Administration Requirements for details.

6.7. Written Safety Programs or Plans

Contactors awarded contracts with the City of Lakeland must, thirty days of contract award or before commencement of contracted work, provide the Risk Management Office written safety programs or plans. Please reference the requirements set forth in the Occupational Safety and Health Administration

Requirements. The Risk Management Office will approve the submitted safety programs or plans as adequate to reduce risk of the work being performed.

6.8. Supplemental #1: Construction Safety

All contracted construction work will be performed per OSAH 29CFR§1926 standards, the contractor is responsible for ensuring that their employees are trained to and follow these OSHA standards. The City of Lakeland’s Safety Team reserves the right to inspect all worksites and advise the contractor or their representatives on adjusting the work site, if needed.

A. PPE

The following PPE will be worn the entire time employees are on the worksite, including breaks and lunch:

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

1. Hardhats

2. Safety boots

3. Safety glasses

B. Scaffolding Safety

All Scaffolding will be erected per OSHA 1926 Subpart L, requirements and inspected daily. Scaffolds will not be used without the proper inspection tags, having the scaffolding inspected daily, and the inspection tags properly and legibly signed off daily. Scaffolds that are no longer needed will be removed as soon as safely possible.

C. Barricade Tape

All barricade tape will have tags placed on all sides with the company, employee, contact information, date tape applied, and date tape will be removed. The City of Lakeland’s Safety Team reserves the right to inspect, adjust, or remove tape that is abandoned or not placed per this requirement.

6.9. Supplemental #4: Fall Protection

Fall Protection must meet 29CFR§1910.140 and 29CFR§1910.66 Appendix C for general industry contracts and 29CFR§1926.501 for construction contracts. The contractor is responsible for training their employees on the proper selection, donning, maintenance, and inspection of personal fall protection and fall arrest systems. The contractor is responsible for providing, maintaining, and inspecting fall protection devices for their employees. The contractor is responsible for ensuring that all tie-off points can hold at least 5,000 pounds. The City of Lakeland’s Safety Team reserves the right to inspect all fall protection devices, including tie-off points.

6.10. Supplemental #6: Confined Space Entry

Confined space entry must be made per 29CFR§ 1910.146, for all confined spaces in the City of

Lakeland. Contractors are responsible for training employees to the OSHA standard and provide appropriate PPE for employees. The contractor is responsible for performing atmospheric testing and providing the testing equipment; all atmospheric testing equipment must have been tested within thirty days of the confined space entry testing. The contractor is responsible for providing entry attendants for each confined space, who is responsible for maintaining the confines space permit. The City of

Lakeland’s Safety Team reserves the right to inspect all confined spaces, confined space permits, and atmospheric testing equipment.

6.11. Supplemental #7: Respiratory Protection

Respiratory Protection must meet OSHA 29CFR§1910.134 requirements and all employees must pass pulmonary function testing (PFT) and fit testing. Respiratory protection must be worn and maintained per OSHA standards. Contractors are responsible for ensuring their employees have meet all testing and training criteria. Contractors are solely responsible for providing their employees and subcontractors with the proper respiratory protection in accordance with OSHA standards or a hazardous chemicals SDS sheet. NOTE: All contractors and subcontractors performing duties with concrete that include cutting, Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk grinding, or other duties that would cause silica dust to become airborne must wear at a minimum a

N95 dust mask.

6.12. Supplemental #9: Excavation and Trenching

Contractors must follow OSHA 29CFR §1926.650 and all other applicable standards for excavation and trenching. Note: As a rule, the City of Lakeland has adopted the policy of classifying all soils as Class C.

Therefore, all trench or excavation work shall comply with those standards required for Class C soils.

Contractors are responsible for obtaining buried utility mapping from 811 before you dig; contractors are liable for all damages resulting from digging operations. The City of Lakeland’s Safety Team reserves the right to inspect, request changes, and close worksites for safety concerns.

6.13. Supplemental #13: Equipment Safety

All operations involving equipment must be conducted according to the applicable OSHA standards. All equipment operators must be certified or licensed according to federal, state, and local requirements.

All equipment must be inspected according to OSHA requirements and before use by the operator. The contractor is solely responsible for compliance with this safety requirement.

A. Powered industrial trucks- all operations that are performed using powered industrial trucks

(forklifts, lulls, etc.) must be conducted in accordance with OSHA 29CFR§1910.178 for general industry and 29CFR§1926.600 and 29CFR§1926.602 for construction.

B. Aerial lifts- all operations that are performed using aerial lifts (boom lifts, cherry pickers, snorkel lifts, etc.) must be conducted in accordance with OSHA 29CFR§1910.67 for general industry and

29CFR§1926.453 for construction.

6.14. Supplemental #14: Crane Safety

All crane operations must be conducted according to OSHA 1910.180 standards. All crane operators must be certified or licensed per OSHA 1910.180 standards. No workers will be allowed to stand or pass under a suspended load; all load suspension areas will be properly barricaded. All swing points of the crane will be properly barricaded. Operators will not leave the cab of the crane while the load is suspended. All cranes, hooks, and rigging will be inspected daily. The City of Lakeland’s Safety Team reserves the right to inspect all worksites and advise the contractor or their representatives on adjusting the work area, if needed.

6.15. Supplemental #17: Process Safety Management (PSM): Glendale and Williams Water Treatment Plants

A. Contractor Responsibilities

1. The Plant Superintendent (W. Carl Dicks and Williams Water Treatment) or their designees shall be responsible for requesting contractor safety qualifications, establishing and maintaining a PSM – Approved Contractor List, maintaining contractor safety qualifications records, performing periodic contractor audits and maintaining the Contractor Injury and

Illness Log.

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

2. All City of Lakeland employees who requisition contractor services shall be responsible for choosing contractors from the PSM – Approved Contractor List and monitoring contractor safety performance.

3. All City of Lakeland employees shall be responsible for notifying the appropriate Plant

Superintendent if they become aware of unauthorized contractors working on or near PSM covered processes.

4. Contractors working on a City of Lakeland Plant Site and a plant site emergency condition

(i.e. major fire, hazardous fluid/gas leak, bomb threat, etc.) occurs, the contractor and the contractor’s employees shall follow all instructions issued by the CITY. Upon notification of plant site emergency, the contractor and all contract employees shall evacuate to the nearest Safe Congregation Point. The CITY will issue further instructions to the contractor indicating when the contractor may return to the plant/job site.

B. Requisitioning Contractor Services

When requisitioning contractor services to perform work on or near any Chlorine facilities City of Lakeland employees shall choose only contractors who have been listed on the PSM –

Approved Contractor’s List.

6.16. Supplemental #20: Process for Contractor PSM Approval, Water Treatment Facilities

W. Carl Dicks and the Northside Water Reclamation facilities, in conjunction with the Thomas Williams

Water Treatment Facility contain chlorine in such quantity that is covered in the PSM standard.

In accordance with 29 CFR 1910.119 (h) (1) (Process Safety Management), the City of Lakeland -

Lakeland Electric - Energy Supply and the Department of Water Utilities is required to review the safety performance and safety program of contractors who perform maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to systems that are covered by the standard as part of the evaluation used to determine the award of contracts. In order for a company to be evaluated for award of the contract, a completed, signed and dated Contractor Safety Evaluation form must be submitted along with a copy of the contractor’s Experience Modification Rate (EMR) on Insurance Company

Letterhead. Failure to submit the Contractor Safety Evaluation will remove the Contractor from the qualified PSM approved contractor/vendor list and the contractor will not be eligible for award of City of

Lakeland contracts.

All contractors awarded work that is on the systems covered by the Process Safety Management

Standard shall provide documentation that all employees have received training in the potential fire, explosion, or toxic release hazards related to his/her job and the process and the applicable provisions of the emergency plan. The documentation shall include the identity of the contract employee, the date of the training, and the means used to verify that the employee understood the training. In addition, a

Pre-Work Safety Assessment (PSA) or Job Hazard Analysis (JHA) is required for all work on systems covered by the Process Safety Management Standard and the PSA or JHA must be reviewed by all personnel involved in the work prior to the work beginning, and as needed, during the progress of the

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk work. Any modification to the PSA or JHA during the job must be approved by the senior contractor supervisor on site and either the City of Lakeland Safety Technician or specific Plant Management, or their designees.

All contractors awarded work that is on the systems covered by the Process Safety Management

Standard shall report any injuries or illness related to work in the process areas immediately and shall provide an injury and illness log on a weekly basis to the City of Lakeland Safety Technician.

All contractors awarded work that is on the systems covered by the Process Safety Management

Standard shall comply with all other pertinent provisions of 29 CFR 1910.119 that are not mentioned in this document.

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

7. VENDOR QUESTIONNAIRE

It is the intent of the City to team with an outside vendor to procure a robust solution that meets the needs of the City as defined in this document.

7.1. Attest*

“I attest no City of Lakeland employee, their spouse, or child has an ownership stake in this organization.”

☐ Please confirm

*Response required

7.2. Exceptions/revisions to the Agreement*

A copy of the agreement to be entered into with the successful bidder in included with this bid as an

Attachment, should the City require such. Please include any exceptions/revisions to the agreement with your submittal for review during the evaluation period.

If there are no exceptions/revisions, type "N/A."

*Response required

7.3. Qualifications Submittal*

*Response required

7.4. Certificate of Insurance*

A certificate of existing insurance coverage should be submitted with the qualifications as proof of insurability. If the current coverage does not meet the RFQ requirements, then the Respondent should request an affidavit of insurability from the Respondent’s insurance agent that certifies the requirements can and will be met.

*Response required

7.5. Hold Harmless Indemnification Agreement*

*Response required

7.6. Drug-free Workplace Certification*

☐ Please confirm

*Response required

7.7. Suspension and Debarment Certification*

☐ Please confirm

*Response required

7.8. Public Entity Crimes Certification*

☐ Please confirm

Title: Continuing Contract for Water Utilities Pipeline, Pump Station/Treatment, Construction Manager at Risk

*Response required

7.9. Conflict of Interest/Statement of Non-Collusion*

☐ Please confirm

*Response required

7.10. E-Verify Certification*

☐ Please confirm

*Response required

7.11. Vendor/Contractor Certification Regarding Scrutinized Companies* ☐ Please confirm

*Response required

7.12. Qualifications Sheet*

THIS RFQ SHALL BE VALID FOR SIXTY (60) DAYS FROM DATE OF OPENING.

The following RFQ is in strict accordance with the City of Lakeland Request for Qualifications No. 2025-

RFQ-009, dated Monday, February 17, 2025 and all attachments as referenced therein.

“I hereby certify that I understand and am aware that the City of Lakeland at its sole discretion reserves the right to waive technicalities or irregularities, to reject any or all qualifications, and/or to accept the qualifications which is in the best interest of the City. The award of this RFQ, if made, may be based on considerations other than total cost and may be awarded based on various considerations, including without limitation; Respondent’s experience and/or qualifications, past experience, administrative cost, standardization, technical evaluation and oral and/or written presentations as required. The City reserves the right to accept all or part, or to decline the whole, and to award this RFQ to one (1) or more

Respondents. There is no obligation to buy. The RFQ, if awarded, will be in the judgement of the City the most responsive to the City’s needs. The City of Lakeland encourages the use of minority and women owned businesses as subcontractors or in joint venture arrangements.”

☐ Please confirm

*Response required