Cross_Bar_Al_Bar_Forestry_Consultant.pdf

SOLICITATION

24-0360-RFP

CROSS BAR/AL BAR FORESTRY CONSULTANT

Pinellas County

Pinellas County Courthouse Annex Bldg., Sixth Floor

Clearwater, FL 33765

THE MISSION OF PINELLAS COUNTY

"Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow."

ISSUE/RELEASE DATE: March 5, 2024

QUESTION SUBMISSION DEADLINE: March 15, 2024

PROPOSAL SUBMISSION DEADLINE: March 21, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY VIA OPENGOV TO:

https://procurement.opengov.com/portal/pinellasfl https://procurement.opengov.com/portal/%7bproject.government.code%7d

Pinellas County

Cross Bar/Al Bar Forestry Consultant

Table of Contents No table of contents entries found.

Attachments:

A - Attachment 1 - Cross_Bar__Al_Bar_Location_Map

B - Attachment 2 - CBAB_PineStraw

C - Attachment 3 - CBAB_All_Pine_Plantations

Solicitation #24-0360-RFP Title: Cross Bar/Al Bar Forestry Consultant

1. Notice

SUBMITTALS ARE OPENED PUBLICLY AND ARE ACCEPTED VIA OPENGOV

RFP - Informal / Formal

24-0360-RFP

Cross Bar/Al Bar Forestry Consultant

ALL QUESTIONS MUST BE SUBMITTED IN OPENGOV WITHIN THE QUESTION & ANSWER SECTION.

SOLICITATION MEETINGS: Site Visit: Mandatory; Pre-Conference: Mandatory

SUBMITTALS MAY NOT BE WITHDRAWN FOR 120 DAYS AFTER OPENING DATE.

The Purchasing and Risk Management Division for the Pinellas County Board of County Commissioners has transitioned to OpenGov Procurement for Contractor/Vendor registration, and for posting, submitting and receiving bids, quotes and proposals for active solicitations. Contractors/Vendors must register with OpenGov Procurement (https://procurement.opengov.com/signup) to participate in active County solicitations.

Should you need technical assistance with OpenGov, the following options are available:

Phone: (855) 680-4747, 8 a.m. to 8 p.m., Monday - Friday

Email:procurement-support@opengov.com

Chat is available in the OpenGov application

Web:https://help.procurement.opengov.com

Please Note:

From time to time, addenda may be issued to this solicitation. Any such addenda will be posted to https://procurement.opengov.com/portal/pinellasfl. Receipt of addenda confirmation is required in

OpenGov.

AUTHORIZED BY:

Merry Celeste, CPPB

Division Director of Purchasing and Risk Management https://procurement.opengov.com/signup mailto:procurement-support@opengov.com https://help.procurement.opengov.com/

2. Introduction

2.1. Summary

The objective is to contract with a knowledgeable FORESTER that shall be responsible for all tasks related to managing the pine plantations while accommodating the ecosystem management and the water resource protection components for the Cross Bar / Al Bar Ranch property. The Forester will work cooperatively with the County, the Land Manager and Ecologist on all aspects of managing the property, and work to develop a team approach to help ensure all decisions are made in the best interest of the

County and the property. Contractor responsibilities include evaluation of current Forestry Management

Program, the current conditions of the 3,810.2 acres of slash pine plantations on the Cross Bar and Al

Bar Ranch property, and identification of areas of concern with recommended improvement strategies.

Related tasks include seasonal forestry health surveys, possible grant and cooperative funding proposals, maintain a GIS/geodatabase and associated maps, and exploration of potential additional revenue opportunities. Some tasks will be performed with cooperation and support of the contracted

Ecological Consultant and Land Manager. For example, FORESTER may also work with the Ecological

Consultant in Long Leaf, Sandhill, or other forested habitat restoration, or direct the Land manager on timber plantation maintenance needs.

2.2. Background

Pinellas County owns approximately 12,378 acres inclusive of the Cross Bar / Al Bar Ranch in central

Pasco County (Attachment 1). A mixed-use Ecosystem Management Plan is currently being implemented which balances water supply operations, silviculture, agricultural operations, and wildlife/habitat restoration activities. The Cross Bar Ranch is currently utilized as a regional well field operated by Tampa Bay Water (TBW).

2.3. Contact Information

Jim Just

Lead Procurement Analyst

400 S. Ft. Harrison Ave 6th FL

Clearwater, FL 33756

Email: jjust@pinellas.gov

Phone: (727) 464-3205

Department:

UTILITIES

2.4. Timeline

Issue Date March 5, 2024 mailto:jjust@pinellas.gov tel:(727)464-3205

Pre-Conference Information (Mandatory) March 12, 2024, 10:00am

20031 Locket Avenue, Spring Hill, FL 34610

Site Visit Information March 12, 2024, 10:00am

20031 Locket Avenue, Spring Hill, FL 34610

Question Submission Deadline March 15, 2024, 1:00pm

Proposal Submission Deadline March 21, 2024, 3:00pm

3. Special Terms & Conditions

3.1. INTENT

It is the intent of Pinellas County to establish an Agreement for Cross Bar/Al Bar Forestry Consultant to be ordered, as and when required.

3.2. NON-NEGOTIABLE TERMS

While the County prefers that no exceptions to its contract terms be taken, the solicitation does authorize respondent to take exception to terms as part of its submittal. The County has deemed the following contract terms in the County’s Standard Terms & Conditions https://pinellas.gov/county-standard-terms-conditions/ to be non-negotiable:

Section 3: Compliance with Applicable Laws (all terms)

Section 7: Indemnification & Liability (all terms)

Section 8: Insurance & Conditions Precedent

Section 10(G): Governing Law & Venue

Section 12(A): Fiscal Non-Funding

Section 13: Confidential Records, Public Records, & Audit (all terms)

Section 19: Digital Content (all terms) (if the Agreement includes software, online, or digital content services)

Any terms required by law

3.3. PRICING/PERIOD OF CONTRACT

Unit prices submitted of listed items will be held firm for the duration of the Agreement. Duration of the

Agreement will be for a period of Five (5) Years from the date of Agreement award and any extension thereof.

3.4. TERM EXTENSION(S) OF CONTRACT

The Agreement may be extended subject to written notice of agreement from the County and successful respondent, for four (4) additional five (5) year period(s) beyond the primary contract period. Each term extension will allow for one (1) price adjustment (Decrease/Increase), prior to the start of the term extension, in an amount not to exceed the average of the Consumer Price Index (CPI) or 5%, whichever is less, for all Urban Consumers, Series Id: CUUR0000SA0, Not Seasonally Adjusted, Area: U.S. city average, Item: All items, Base Period: 1982-84=100 for the twelve months prior to extension. The extension shall be exercised only if all terms and conditions remain the same and the County

Administrator or Director of Purchasing grants approval.

It is the vendor’s responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised extension period, the vendor’s request for adjustment should be submitted at time of the extension request from the County, utilizing the available https://pinellas.gov/county-standard-terms-conditions/ index at the time of request. The vendor adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor, the County will assume the vendor has agreed that the extension term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new extension period may not be considered. County has the right to request pricing decreases at any time.

3.5. MANDATORY PRE-SUBMITTAL CONFERENCE:

All questions pertaining to the solicitation or technical specifications will be reviewed at this time.

Solicitation suggestions or modifications may be discussed with County representatives at this meeting and may be considered by representatives as possible addenda to the solicitation. Due to the scope of this project, responses received from respondents who did not attend the MANDATORY pre-conference will be judged non-responsive and will not be considered for award.

20031 Locket Avenue, Spring Hill, FL 34610

Tuesday, March 12, 2024

10:00 am

3.6. MANDATORY SITE VISIT:

The sole purpose of the site visit is to provide a tour of the site(s) that will be supported by the contract.

The scope of work and/or bid specifications shall not be discussed during this visit. All questions relating to this solicitation and the scope of work or technical specifications must be submitted in writing.

Due to the scope of this project, responses received from respondents who did not attend the

"Mandatory" site visit will be judged non-responsive and will not be considered for award.

The Mandatory Site Visit will be held at the following location, date, and time:

20031 Locket Avenue, Spring Hill, FL 34610

TBD

10:00 AM

3.7. PRE-COMMENCEMENT MEETING

Upon award of the Agreement, the County will coordinate a pre-commencement meeting with the successful Contractor. The meeting will require Contractor and the County Representative to review specific Agreement details and deliverable documents at this meeting to ensure the scope of work and work areas are understood.

3.8. ORDERS

Within the term of this Agreement, County may place one or more orders for goods and/or services at the prices listed on the Pricing Proposal section of this solicitation, which is incorporated by reference hereto.

3.9. ASBESTOS MATERIALS

The Contractor must perform all Work in compliance with Federal, State and local laws, statutes, rules, regulations and ordinances, including but not limited to the Department of Environmental Protection

(DEP)'s asbestos requirements, 40 CFR Part 61, Subpart M, and OSHA Section 29 CFR 1926.58.

Additionally, the Contractor must be properly licensed and/or certified for asbestos removal as required under Federal, State and local laws, statutes, rules, regulations and ordinances. The County is responsible for filing all DEP notifications and furnish a copy of the DEP notification and approval for demolition to the successful Contractor. The County will furnish a copy of the asbestos survey to the successful Contractor. The Contractor must keep this copy on site at all times during the actual demolition.

3.10. SERVICES

The terms below are applicable if the Solicitation includes the provision of SERVICES:

A. ADD/DELETE LOCATIONS SERVICES - The County reserves the right to unilaterally add or delete locations/services, either collectively or individually, at the County’s sole option, at any time after award has been made as may be deemed necessary or in the best interests of the County.

In such case, the Contractor(s) will be required to provide services to this agreement in accordance with the terms, conditions, and specifications.

3.11. GOODS & PRODUCTS

The terms below are applicable if the Solicitation includes the purchase of GOODS or PRODUCTS:

A. DELIVERY/CLAIMS - Prices quoted will be FOB Destination, freight included and unloaded to location(s) within Pinellas County. Actual delivery address(s) will be identified at time of order.

Successful Contractor(s) will be responsible for making any and all claims against carriers for missing or damaged items.

3.12. QUANTITIES

Any quantities stated are an estimate only and no guarantee is given or implied as to quantities that will be used during the Agreement period. Estimated quantities are based upon previous use and/or anticipated needs.

3.13. PERFORMANCE SECURITY

Not Applicable

4. Insurance Requirements

4.1. INSURANCE (General)

The Vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below, prior to recommendation for award. The Vendor shall obtain and maintain, and require any subcontractor to obtain and maintain, at all times during its performance of the

Agreement in Phase 1 insurance of the types and in the amounts set forth. For projects with a

Completed Operations exposure, Vendor shall maintain coverage and provide evidence of insurance for

2 years beyond final acceptance. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have an AM Best rating of VIII or better.

4.2. INSURANCE (Requirements)

A. Submittals should include, the Vendor’s current Certificate(s) of Insurance. If Vendor does not currently meet insurance requirements, Vendor shall also include verification from their broker or agent that any required insurance not provided at that time of submittal will be in place prior to the award of contract. Upon selection of Vendor for award, the selected Vendor shall email certificate that is compliant with the insurance requirements. If the certificate received is compliant, no further action may be necessary. The Certificate(s) of Insurance shall be signed by authorized representatives of the insurance companies shown on the Certificate(s).

B. The Certificate holder section shall indicate Pinellas County, a Subdivision of the State of

Florida, 400 S Fort Harrison Ave, Clearwater, FL 33756. Pinellas County shall be named as an

Additional Insured for General Liability. A Waiver of Subrogation for Workers Compensation shall be provided if Workers Compensation coverage is a requirement.

C. Approval by the County of any Certificate(s) of Insurance does not constitute verification by the

County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance is in compliance with the requirements of the Agreement.

County reserves the right to require a certified copy of the entire insurance policy, including endorsement(s), at any time during the Bid and/or contract period.

D. If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the Work, you will be notified by CTrax, the authorized vendor of Pinellas County. Upon notification, renewal Certificate(s) of Insurance and endorsement(s) shall be furnished to

Pinellas County Risk Management at InsuranceCerts@pinellascounty.org and to CTrax c/o JDi

Data at PinellasSupport@ididata.com by the Vendor or their agent prior to the expiration date.

1. Vendor shall also notify County within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal or adverse material change in coverage received by said Vendor from its insurer Notice shall be given by email to Pinellas County Risk

Management at InsuranceCerts@pinellascounty.org. Nothing contained herein shall absolve

Vendor of this requirement to provide notice.

mailto:InsuranceCerts@pinellascounty.org mailto:PinellasSupport@ididata.com mailto:InsuranceCerts@pinellascounty.org

2. Should the Vendor, at any time, not maintain the insurance coverages required herein, the

County may terminate the Agreement,.

E. If subcontracting is allowed under this Bid, the Primary Vendor shall obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth; and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as it may apply to the portion of the Work performed by the subcontractor; but in no event will the insurance limits be less than $500,000 for Workers’

Compensation/Employers’ Liability, and $1,000,000 for General Liability and Auto Liability if required below.

1. All subcontracts between the Vendor and its Subcontractors shall be in writing and are subject to the County’s prior written approval. Further, all subcontracts shall

a. Require each Subcontractor to be bound to the Vendor to the same extent the Vendor is bound to the County by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor;

b. Provide for the assignment of the subcontracts from the Vendor to the County at the election of Owner upon termination of the Contract;

c. Provide that County will be an additional indemnified party of the subcontract;

d. Provide that the County will be an additional insured on all insurance policies required to be provided by the Subcontractor except workers compensation and professional liability;

e. Provide a waiver of subrogation in favor of the County and other insurance terms and/or conditions

f. Assign all warranties directly to the County; and

g. Identify the County as an intended third-party beneficiary of the subcontract. The

Vendor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Section C and identify to the Subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents.

F. Each insurance policy and/or certificate shall include the following terms and/or conditions:

1. The Named Insured on the Certificate of Insurance and insurance policy must match the entity’s name that responded to the solicitation and/or is signing the agreement with the

County.

2. Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Vendor.

3. The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and Constitutional offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of

Pinellas County.

4. All policies shall be written on a primary, non-contributory basis.

The minimum insurance requirements and limits for this Agreement, which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for projects with a Completed

Operations exposure, are as follows:

4.3. WORKERS' COMPENSATION INSURANCE

Worker’s Compensation Insurance is required if required pursuant to Florida law. If, pursuant to Florida law, Worker’s Compensation Insurance is required, employer’s liability, also known as Worker’s

Compensation Part B, is also required in the amounts set forth herein.

A. Limits

1. Employers’ Liability Limits Florida Statutory

a. Per Employee $ 500,000

b. Per Employee Disease $ 500,000

c. Policy Limit Disease $ 500,000

If Vendor is not required by Florida law, to carry Workers Compensation Insurance in order to perform the requirements of this Agreement, County Waiver Form for workers compensation must be executed, submitted, and accepted by Risk Management. The County Waiver Form is found at https://pinellas.gov/services/submit-a-workers-compensation-waiver-request/. Failure to obtain required Worker’s Compensation Insurance without submitting and receiving a waiver from Risk

Management constitutes a material breach of this Agreement.

4.4. COMMERCIAL GENERAL LIABILITY INSURANCE

Includes, but not limited to, Independent Vendor, Contractual Liability Premises/Operations, Products/Completed Operations, and Personal Injury.

A. Limits

1. Combined Single Limit Per Occurrence $ 1,000,000

2. Products/Completed Operations Aggregate $ 2,000,000

3. Personal Injury and Advertising Injury $ 1,000,000

4. General Aggregate $ 2,000,000 https://pinellas.gov/services/submit-a-workers-compensation-waiver-request/

4.5. PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) INSURANCE

Minimum limits as follows. If “claims made” coverage is provided, “tail coverage” extending three (3) years beyond completion and acceptance of the project with proof of “tail coverage” to be submitted with the invoice for final payment. In lieu of “tail coverage”, Proposer may submit annually to the

County, for a three (3) year period, a current certificate of insurance providing “claims made” insurance with prior acts coverage in force with a retroactive date no later than commencement date of this contract.

A. Limits

1. Each Occurrence or Claim $ 1,000,000

2. General Aggregate $ 1,000,000

B. For acceptance of Professional Liability coverage included within another policy required herein, a statement notifying the certificate holder must be included on the certificate of insurance and the total amount of said coverage per occurrence must be greater than or equal to the amount of Professional Liability and other coverage combined.

4.6. PROPERTY INSURANCE

Vendor will be responsible for all damage to its own property, equipment and/or materials.

5. Scope of Work / Specifications

5.1. SCOPE OF WORK

1) Forestry Management Plan

The primary focus of the forest management plan is to create an economically efficient timber management operation on the property compatible with other land management activities including the wildlife habitat restoration efforts and Tampa Bay Water’s well field operations. Approximately 3,800 acres of pine timber have been harvested and replanted between 2011 and 2023. Approximately 1,331 acres of timber stands are currently in pine straw production and an additional 1713 acres will be added to the pine straw contract harvest during the current contract period. Attachments 2 and 3 provide maps that depict the pine straw production and timber stands.

A competent Forestry Management Plan shall be written by the FORESTER aka Contractor and will be due to the COUNTY by the end of the first twelve (12) months of commencement of work on the site. The Forestry Management Plan shall outline a program for the best and most effective management and maintenance of forest health and pine straw production. The plan will be developed from input from the FORESTER the COUNTY and the Ecological Consultant, with direct collaboration with the Land Manager, as he will be intimately involved with the planting of seedlings and preparation of the blocks to be planted in the future.

The Forestry Management Plan shall address the following:

a. How will each type of forest coverage or acreage will be managed?

The FORESTER shall evaluate each stand of timber, consider the species, density, health, soil types, and biological and economic objectives to determine the appropriate management strategies. This information shall be developed and recorded in the GIS system and updated maps and shape files shall be provided to the COUNTY within 1 year of commencement of work on the site.

b. Species selection

Should the COUNTY decide to expand and/or replant pine plantations for either timber production or forest habitat, the FORESTER shall use the forest management strategies developed to determine the pine species that will be planted in specific areas. This information shall be recorded in the GIS system, and updated maps and shape files shall be provided to the COUNTY within twelve (12) months of commencement of work on the site.

c. Scheduling

The FORESTER shall develop a schedule for all forestry activities, including timber harvest and sales, pine straw harvest and sales, site prep, possible reforestation, prescribed burning, and any related activities. The schedule shall be provided to and approved by the COUNTY within twelve (12) months of commencement of work on the site.

d. Harvest / Planting Unit Scheme -

For future contract extension(s) that anticipate life-cycle harvest: Based on the available data, the CONTACTOR shall develop harvest schedule within twelve months of planned commencement of harvest. The updated schedule shall also include a corresponding GIS base map depicting the timber blocks to be harvested by year.

e. Procurement of planting materials

The FORESTER shall order the pine seedlings as required, after the time of harvest having determined the planting year. A similar schedule shall be followed for each year of the contract period and any term extensions. Should the COUNTY decide to expand and/or replant pine plantations for either timber production or forest habitat, the pine seedlings shall be delivered and stored on-site in refrigerated trailers during the planting season to ensure the freshest bare root pine seedlings, and the seedlings should be of high quality, genetically improved planting stock for the geographic location of the Cross Bar / Al-Bar Ranch. Each year, the pine seedling order shall be submitted by the FORESTER and approved by the COUNTY. Once approved, the COUNTY shall issue a letter of authorization via email.

f. Site preparation and planting

The FORESTER shall develop a site preparation plan and a planting schedule and deliver to the COUNTY within twelve (12) months of the approval for timber or forest habitat expansion or, in the case of slash pine harvest, authorized re-planting of slash pine. The plan and schedule shall be submitted to the COUNTY for approval, and the COUNTY shall issue a letter of authorization via email.

g. Annual growing period care and maintenance

FORESTER shall perform ongoing assessment of the care and maintenance requirements, with the findings to be presented in the quarterly Project Status Reports submitted to the COUNTY.

h. Seedling survival survey

A thorough survey of seedling survival shall be conducted by the FORESTER in the fall of each year to determine sufficient survival of planted seedlings. The findings shall be presented to the COUNTY in a letter report by December 1st of each year, and the report shall include recommendations for replanting, if needed. Replanting of additional seedlings will be performed by the FORESTER in accordance with the terms of this contract. The County will pay for the seedlings needed for replanting within a 90% survival rate, and any loss beyond that rate, the costs for those seedlings shall be the responsibility of the

FORESTER.

i. Forest health monitoring

The FORESTER shall perform ongoing assessment/observations of the health of the forested areas, and the findings shall be presented in the quarterly Project Status Reports submitted to the COUNTY.

j. Mapping

The FORESTER shall create a GIS database and update the maps with the forestry data collected. The initial maps shall be provided to the COUNTY within 6 months of the commencement of work at the site. Updated maps and shape files shall be provided to the COUNTY annually, or as changes are made to the timber stands.

k. Timber and Pine Straw harvesting plan/sales

The FORESTER shall implement the current contracts for the sales of timber and pine straw and shall develop and implement plans for the future sales of timber, pine straw, and any other potential commodity such as palmetto berries that could become a component of future revenue streams at the site. All future plans shall require approval from the COUNTY prior to implementation.

l. Commissions

Forester will receive a commission of 6% on timber sales and 8% on pine straw lease revenue.

Crop Maturity Program

The FORESTER shall develop a Crop Maturity Program Report for all stands of pine timber that will be harvested in the future. The crop maturity program shall outline by acreage the species to be planted, the term of maturity, and the harvesting and reforestation schedules. Estimates of revenues and expenses should be included in the report. Additionally, the FORESTER shall maintain market data for analysis prior to all timber sales, make recommendations as to the optimal timing of timber sales, and provide recommendations on the acceptability of future bids for any timber or pine straw sales contracts. The program shall be developed, and the report submitted, to the COUNTY within twelve (12) months of the FORESTER’s commencement of work at the site.

6. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications

A statement describing the Proposer’s qualifications and experience in providing the same or similar services as outlined in the RFP

Scope of Work. This description should include the names of the person(s) who will provide the services, including any subcontractors, their qualifications, and the years of experience in performing this type of work/services.

Provide a description of two (2) recently

(within the last 5 years) completed and/or current projects where the proposer has been contracted to provide the same or similar services as outlined in the RFP Scope of Work.

Include any Subcontractor(s) involved in completing the project.

Points Based 300 (30% of Total)

2. Approach

A separate written narrative describing the methods and/or manner in which the Proposer proposes to satisfy the requirements of the

Scope of Work. The proposed Approach should, at a minimum meet all criteria as stated in this RFP.

Points Based 300 (30% of Total)

3. Statement of Work

A proposed Statement of Work that enumerates and defines the work/services that

Proposer will provide to the County to complete the Scope of Work in this RFP, including each task, deliverable, and/or goods or products comprising the services Proposer will provide, as well as a proposed completion schedule for each task or deliverable, if applicable. The Proposer’s Statement of Work shall be in a form that can be incorporated into the Agreement at the County’s option.

Points Based 250 (25% of Total)

4. Compensation

Pricing must be submitted within the OpenGov electronic "Pricing Proposal" and all pricing must be completed.

Points Based 100 (10% of Total) https://procurement.opengov.com/portal/pinellasfl/projects/81742?section=729427

5. No Exceptions to RFP

Proposer is advised that exceptions to any terms and conditions contained in this RFP, or the Sample Agreement must be stated with specificity in its response to the RFP. The points available under this criterion will be deducted if the Proposer takes exception to any language to this RFP package. Failure to provide exceptions with the submittal shall result in the mandatory acceptance of the agreement as submitted herein by default.

Exceptions must be submitted on a separate sheet titled: exceptions.

Points Based 50 (5% of Total)

7. Instructions & General Conditions for Submittals

7.1. DEFINITIONS

A. Agreement means the final written agreement between the County and the successful

Contractor under this solicitation, regardless of the title of that final document, and may be used interchangeably with “Contract”.

B. Contractor means the entity submitting a response to this solicitation, and may be used interchangeably with the terms “bidder”, “respondent”, “contractor”, “vendor”, “submitter”, or

“proposer”.

C. County or means Pinellas County, a subdivision of the State of Florida and may be used interchangeably with “Pinellas County”.

D. Submittal means a Respondent’s submissions in response to this solicitation, and may be used interchangeably with the terms “submission”, “bid”, “quote” or “proposal,” as applicable to the specific solicitation. For example, these terms should be interpreted to mean “bid” if this is an

ITB, “quote” if this is an ITQ, and “proposal” if this is an RFP.

7.2. INSTRUCTIONS & PROCEDURES

A. PREPARATION OF SUBMITTAL - Submittal will be prepared in accordance with the following:

1. Submittals must be uploaded on forms furnished, utilizing the OpenGov procurement website. Failure to comply could result in the submission being rejected.

2. If price is factor, unit prices must be shown and where there is an error in extension of price, the unit price will govern.

3. Alternate submittals will not be considered unless authorized by the solicitation.

4. Proposed delivery time must be shown and any date calculations must include weekends and holidays.

5. Contractor is advised that exceptions to any terms and conditions contained or referenced in this solicitation must be stated with specificity in its response to the solicitation.

Contractor is deemed to have accepted and to be bound by the solicitation and referenced agreement terms and conditions that Contractor does not take exception to in its response.

The County reserves the right to modify or add terms and conditions based upon the exceptions stated by the Contractor, or to declare any terms and conditions non-negotiable, as determined by the County in its sole discretion.

6. Contractors will thoroughly examine the drawings, specifications, schedule, instructions and/or all other solicitation documents.

7. Contractors will make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the solicitation. Plea of ignorance by the Contractor of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Contractor to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the solicitation documents, will not be accepted as a basis for varying the requirements of the County or the compensation to the Contractor.

8. Contractors are advised that all County solicitations are subject to all legal requirements provided for in the Purchasing Ordinance and/or State and Federal Statutes.

B. SUBMITTAL METHOD & FORMAT

1. Submittals must be uploaded utilizing the OpenGov procurement website

(https://procurement.opengov.com/portal/pinellasfl). Failure to comply could result in the submittal being rejected.

2. Submittals must be uploaded in the Vendor Questionnaire section of this solicitation.

Submittals sent via email will not be considered.

3. The preferred format for submittal is PDF conversion from your source files (to minimize file size and maximize quality and accessibility) rather than scanning. Instructions for Providing

Files in PDF Format to Pinellas County Government:

a. How do I convert my files to PDF format?

b. Answer- If you have a program such as Adobe Acrobat, creating a PDF of any file is a simple print function. Rather than printing to a traditional printer, the file converts to a

PDF format copy of your original. Any program (such as Word, PowerPoint, Excel, etc.)

can be converted this way by simply selecting the print command and choosing PDF as the printer.

c. Should I scan everything and save as PDF?

d. Answer- Not unless you are scanning with OCR (optical character recognition). Scanning will create unnecessarily large files because a scan is just a picture of a page rather than actual page text. Furthermore, the result of scanning is that your pages will not look nearly as “clean” or professional as simply using the print to PDF method from the program from which the file originates. Additionally, since scan pages are pictures of text, not really text, they may not be considered accessible* under Federal ADA guidelines (*unless the scans are OCR.)

C. SUBMITTALS FROM RELATED PARTIES OR MULTIPLE SUBMITTALS RECEIVED FROM ONE

CONTRACTOR

1. Where two (2) or more related parties each upload a submittal, or multiple submittals are received from one (1) Contractor, for any solicitation, such submittals will be judged non-responsive. Related parties mean Contractors or the principles thereof, which have a direct or indirect ownership interest in another Contractor for the same solicitation or in which a parent company or the principles thereof of one (1) Contractor have a direct or indirect ownership interest in another Contractor for the same solicitation.

D. INTEGRITY OF SOLICITATION DOCUMENTS

1. Contractors will use the original solicitation form(s) provided by the Purchasing & Risk

Management Division and enter information only in the spaces where a response is requested. Contractors may use an attachment as an addendum to the solicitation form(s) if sufficient space is not available on the original form for the Contractor to enter a complete response. Any modifications or alterations to the original solicitation documents by the

Contractor, whether intentional or otherwise, will constitute grounds for rejection of a solicitation. Any such modifications or alterations a Contractor wishes to propose must be clearly stated in the Contractor’s submittal response and presented in the form of an addendum to the original solicitation documents.

E. LATE SUBMISSION OR MODIFICATIONS

1. Submittals and modifications received after the time set for the submission will not be considered. This upholds the integrity of the process.

2. Modifications in writing received prior to the time set for the submittal will be accepted.

F. WITHDRAWAL OF SUBMITTAL

1. The submittal may be withdrawn prior to the solicitation opening date, however, a submittal may not be withdrawn for a period of time as specified in this solicitation document.

G. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS

1. No oral interpretations will be made to any firms as to the meaning of specifications or any other Contractor documents. All questions pertaining to the terms and conditions or scope of work of this solicitation must be sent in writing (electronically) to the Purchasing and Risk

Management Division and received by the date specified in solicitation. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the solicitation. All such addenda will become part of the agreement documents. The County will not be responsible for any other explanation or interpretation of the proposed solicitation made or given prior to the award of the agreement. The

Purchasing and Risk Management Division will be unable to respond to questions received after the specified time frame.

H. REJECTION OF SUBMISSION

1. The County may reject a submittal if:

a. The Contractor incorrectly states or conceals any material fact in the solicitation.

b. The solicitation does not strictly conform to the law or requirements of solicitation including insurance requirements.

c. The solicitation is conditional, except that the Contractor may qualify its submittal for acceptance by the County on an "all or none" basis, or a "low item" basis. An "all or none" basis submittal must include all items upon which the Contractor was invited.

d. The respective constitutional officer, County Administrator, on behalf of the Board of

County Commissioners or within their delegated financial approval authority, or Director of Purchasing, within their delegated financial approval authority, has the authority when the public interest will be served thereby to reject all submittals or parts of submittals at any stage of the procurement process through the award of an agreement.

e. The County reserves the right to waive minor informalities or irregularities in any submittal.

I. PUBLIC REVIEW AT OPENING

1. Pursuant to Florida Statute, Section 119.071(1)(b)2, all submittals will be subject to review as public records after 30-days from opening, or earlier if an intended decision is reached before the thirty-day period expires. Unless a specific exemption exists, all documents submitted will be released pursuant to a valid public records request. All trade secrets claims must be dispositively determined by a court of law prior to trade secret protection being granted.

J. TABULATION INQUIRIES

1. Inquiries relating to the results of this solicitation, prior to the official award by the Pinellas

County Board of County Commissioners may be made by visiting OpenGov or calling the

Purchasing Office after 30 days to comply with Florida Statute, Section 119.071(1)(b)2.

7.3. PRE-CONFERENCE

A. PRE-CONFERENCE (Mandatory & Non-Mandatory)

1. The County may at its discretion hold a pre-conference to address all respondent questions pertaining to the solicitation or technical specifications. Solicitation suggestions or modifications may be discussed with County representatives at this meeting and may be considered by representatives as possible addenda to the solicitation. The County may elect, based on the scope of a specific project, to make the pre-conference mandatory, which will be specified in the “Special Terms & Conditions” section of this solicitation document. If the pre-conference is advertised as mandatory, any responses received from respondents who did not attend the mandatory pre-conference will be judged non-responsive and will not be considered for award.

7.4. JOINT VENTURES

Contractors intending to submit as a joint venture are required to have filed proper documents with the

Florida Department of State, the Division of Professions, Construction Industry Licensing Board and any other state or local licensing Agency prior to submitting (see Section 489.119 Florida Statutes). Joint ventures must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal joint venture agreement between all joint venture parties, indicating their respective roles, responsibilities and levels of participation for the project.

7.5. EVALUATION CRITERIA - RFP

The evaluation criteria define the factors that will be used by the Evaluation Committee to evaluate and score responsive, responsible and qualified submittals. Contractor shall include sufficient information to allow the Evaluation Committee to thoroughly evaluate and score their submittal. Each submission shall be evaluated and ranked by an Evaluation Committee. The contract will be awarded to the most qualified Contractor, per the evaluation criteria listed in the solicitation.

7.6. RIGHTS OF PINELLAS COUNTY IN REQUEST FOR PROPOSAL PROCESS

In addition to all other rights of the County under Florida law, the County specifically reserves the following:

A. the right to rank firms and negotiate with the most qualified firm.

B. the right to select the proposal that it believes will serve the best interest of Pinellas County.

C. the right to reject any or all responses, or parts thereof, to disqualify any and all responses, and/or determine any response to be non-responsive.

D. the right to cancel the entire Request for Proposal.

E. the right to remedy or waive technical or immaterial errors in the Request for Proposal or in the proposals submitted.

F. the right to request any necessary clarifications or proposal data without changing the terms of the solicitation.

G. the right to require the Proposer to perform the services required on the basis of the original submittal without negotiation.

7.7. PROTEST PROCEDURE

Protest procedures are governed by Pinellas County Code Section 2-162, which states:

Right to Protest. "A vendor who is aggrieved by the contents of the bid or proposal package, or a vendor who is aggrieved in connection with the recommended award on a bid or proposal solicitation, may file a written protest to the director, as provided herein. This right to protest is strictly limited to those procurements of goods and/or services solicited through invitations to bid or requests for proposals, including solicitations pursuant to F.S. § 287.055, the "Consultants' Competitive Negotiation Act." No other actions or recommendations in connection with a solicitation can be protested, including: (i) requests for quotations, negotiations, qualifications or letters of interest; (ii) rejection of some, all or parts of bids or proposals; (iii) disqualification of respondents or proposers as non-responsive or non-responsible; or (iv) recommended awards less than the mandatory bid or proposal amount. Protests failing to comply with the provisions of this section will not be reviewed."

"Posting. The purchasing department will post the recommended award on or through the departmental website."

Requirements to protest.

"If the protest relates to the content of the bid or proposal package, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full business day after issuance of the bid or proposal package."

"If the protest relates to the recommended award of a bid or proposal, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full business day after posting of the award recommendation."

"The formal written protest shall identify the protesting party and the solicitation involved; include a statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances or other legal authorities which the protesting party deems applicable to such grounds; and specifically request the relief to which the protesting party deems itself entitled by application of such authorities to such grounds."

"A formal written protest is considered filed with the county when the purchasing department receives

it. Accordingly, a protest is not timely filed unless it is received within the time specified above by the purchasing department. Failure to file a formal written protest within the time period specified shall constitute a waiver of the right to protest and result in relinquishment of all rights to protest by the respondent or proposer."

"Sole remedy. These procedures shall be the sole remedy for challenging the content of the bid or proposal package or the recommended award."

"Lobbying. Protestors and anyone acting on their behalf, are prohibited from attempts to influence, persuade, or promote a bid or proposal protest through any other channels or means, and contacting any county official, employee, advisory board member, or representative to discuss any matter relating in any way to the solicitation being protested, other than the purchasing department's or county attorney's office to address situations such as clarification and/or pose questions related to the procurement process. The prohibitions provided for herein shall begin with the filing of the protest and end upon the final disposition of the protest; provided, however, at all times protestors shall be subject to the procurement lobbying prohibitions in section 2-189 of this Code. Failure to adhere to the prohibitions herein shall result in the rejection of the protest without further consideration."

"Time limits. The time limits in which protests must be filed as specified herein may be altered by specific provisions in the bid or proposal."

"Authority to resolve. The director shall resolve the protest in accordance with the documentation and applicable legal authorities and shall issue a written decision to the protestor no later than 5:00 p.m. EST on the tenth full business day after the filing thereof."

"Review of director's decision."

"The protesting party may request a review of the director's decision to the county administrator by delivering written request for review of the decision to the director by 5:00 p.m. EST on the fifth full business day after the date of the written decision. The written notice shall include any materials, statements, and arguments which the respondent or proposer deems relevant to the issues raised in the request to review the decision of the director."

"The county administrator shall issue a decision in writing stating the reason for the action with a copy furnished to the protesting party no later than 5:00 p.m. EST on the seventh full business day after receipt of the request for review. The decision shall be final and conclusive as to the county unless a party commences action in a court of competent jurisdiction."

"Stay of procurement during protests. There shall be no stay of procurement during protests."

(Ord. No. 94-51, § 5, 6-7-94; Ord. No. 04-87, § 1, 12-7-04; Ord. No. 14-11, § 2, 2-11-14; Ord. No. 18-34, 10-23-18)

7.8. ADA REQUIREMENT FOR PUBLIC NOTICES

Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 727-464-4062 (voicedd) fax 727-464-4157, not later than seven days prior to the proceeding.

7.9. ADDITIONAL REQUIREMENTS

The County reserves the right to request additional goods or services relating to this agreement from the Contractor. When approved by the County as an amendment to this agreement and authorized in writing, the Contractor will provide such additional requirements as may become necessary.

7.10. COLLUSION

The Contractor, by affixing a signature to their response, certifies that its submittal is made without previous understanding, agreement, or connection with any person, firm or corporation making a submittal for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

7.11. CONFLICT OF INTEREST

A. The Contractor, by affixing a signature to their response, represents that it presently has no interest and will acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Contractor further represents that, if it is awarded a contract under this solicitation, no person having any such interest will be employed during the contract term and any extensions. In addition, the

Contractor will not offer gifts or gratuities to County employees as County employees are not permitted to accept gifts or gratuities. By signing this document, the Contractor acknowledges that no gifts or gratuities have been offered to County employees or anyone else involved in this competitive solicitation process.

B. The Contractor will promptly notify the County’s representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Contractor’s judgment or quality of services being provided hereunder. Such written notification will identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion, by certified mail, within thirty days of receipt of notification by the Contractor.

C. It is essential to government procurement that the process be open, equitable and ethical. To this end, if potential unethical practices including but not limited to collusion, receipt or solicitation of gifts and conflicts of interest (direct/indirect) etc. are observed or perceived, please report such activity to:

1. Pinellas County Clerk of Circuit Court – Division of Inspector…