Grand_Canal_Maintenance_Dredging_Project_-_ARPA_Funded.pdf

INVITATION TO BID - CONSTRUCTION (ITB-C)

23-1177-ITB-C

GRAND CANAL MAINTENANCE DREDGING PROJECT - ARPA

FUNDED

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: September 29, 2023

QUESTION SUBMISSION DEADLINE: October 6, 2023

PROPOSAL SUBMISSION DEADLINE: October 10, 2023, 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

INVITATION TO BID - CONSTRUCTION (ITB-C)

Grand Canal Maintenance Dredging Project - ARPA Funded

Table of Contents No table of contents entries found.

Attachments:

A - OpenGov Fillable- Final

B - Plans

B - E-Verify_Affidavit

C - Supplemental Technical Specifications

D - Appendix 1 - Permits

E - Appendix 1 - USCOE Permit

F - Appendix 4 - Special Notices

F - Sample Change Order

G - Sample Application for Payment

G - Appendix 6 - Comprehensive Physical Monitoring Plan

H - Appendix 6 - Geotechnical Report

I - Appendix 6 - SAV Monitoring Plan

J - Appendix 6 - Sediment_QAQC_Plan

K - Appendix 6 -Human Remains Notice

L - Appendix 6 -Sea Turtle and Smalltooth Sawfish Construction

Conditions_NMFS2006

M - Appendix 6-Standard Protection Measures_Eastern Indigo

Snake_USFWS_March 2021

Invitation to Bid - Construction (ITB-C) #23-1177-ITB-C Title: Grand Canal Maintenance Dredging Project - ARPA Funded

N - Agreement-23-1177

O - QUALIFICATION SUBMITTAL FORM 23-1177

P - Sample Performance and Payment Bonds

Q - Affdavit of Release and Guarantee 23-1177

R - PRICING PROPOSAL ITB 23-1177(reference only)

W - Florida Trench Safety Form

X - SBE Compliance Form

1. Notice

INVITATION TO BID

SUBMITTALS ARE OPENED PUBLICLY AND ARE ACCEPTED VIA OPENGOV

ITB - Construction 2-Step

23-1177-ITB-C

Grand Canal Maintenance Dredging Project - ARPA Funded

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

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

SUBMITTALS MAY NOT BE WITHDRAWN FOR120 DAYS AFTER OPENING DATE.

PUBLIC MICROSOFT TEAMS MEETING - https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-

8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d @ 3:30 on the Bid 2 Submittal Date.

Meeting ID: 292 583 511 912

Passcode: avjUPp

Or call in (audio only)

+1 813-644-3116

Phone Conference ID: 487 254 075#

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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://procurement.opengov.com/signup mailto:procurement-support@opengov.com 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

2. Introduction

2.1. Summary

This project is being undertaken in response to infilling occurring in the Grand Canal area, the proposed

Grand Canal Maintenance Dredging Project has been designed to maintain navigation from Pass-A-Grille

Inlet into Grand Canal. The proposed Grand Canal Dredge Channel was aligned based on current bathymetry and seagrass beds aiming to provide continuous navigation connecting Grand Canal with

Pass-A-Grill Federal Navigation Channel while avoiding impacts to seagrass. The Grand Canal Dredge

Channel will be maintained to -11.5 ft NAVD with a 1 ft over dredge allowance to -12.5 ft NAVD. The

150-ft wide channel plus 1:3 side slopes covers 15.5 acres and contains approximately 13,000 cy within the channel template. Placement of the dredge will consist of placing on Pass-a-Grille beach, within the permitted beach template.

2.2. Background

The proposed project’s goal is to conduct maintenance dredging of the Grand Canal Dredge Channel with placement of material in the authorized Pass-A-Grille Beach fill template between R-160-200 and R-

165+500.

2.3. Contact Information

Michelle Jurek

Procurement Analyst

400 S. Ft. Harrison Ave. 6th Floor

Clearwater, FL 33756

Email: mjurek@co.pinellas.fl.us

Phone: (727) 464-4382

Department:

PUBLIC WORKS

2.4. Timeline

Issue Date September 29, 2023

Step 1 Question Submission Deadline October 6, 2023, 3:00pm

Step 1 Bid Submission Deadline October 10, 2023, 3:00pm

Site Visit October 17, 2023

Step 2 Bid Submission Deadline November 2, 2023, 3:00pm mailto:mjurek@co.pinellas.fl.us tel:(727)464-4382

3. Definitions

Whenever the following terms, or pronouns used in place of them, are used in these Contract

Documents they shall have the meanings given below:

Addendum: A modification, revision or clarification of the Plans or other Contract Documents, issued by the Purchasing Department and distributed to prospective Bidders before the bid opening.

Adjustment Factors: The Bidder’s competitively bid price adjustments to be applied to the unit prices listed in the Construction Task Catalog®.

Agreement: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 interchangably with

"Contract".

Approved Equal: An approved equivalent item that is approved in writing, (via an Addendum to the

Agreement), prior to the Bid Opening. Bidder must submit their proposed equivalent item no later than question deadline date on page 1. Any information received after this deadline will not be considered.

Award Criteria Figure: The amount determined in the Award Criteria Figure Calculation section of the

Bid Form, which is used for the purposes of determining the lowest Bid.

Bid Publication: The date on which public notice is made to request a bid/request for proposal for this

Project.

Bid/Request for Proposal: The offer to perform the Work described in the Contract Documents at a specified cost.

Architect/Design Professional/Engineer of Record: The Professional Architect/Design

Professional/Engineer or Architectural/Design Professional/Engineering Firm contracted by the County and registered in the State of Florida who develops criteria and concept for a Project, performs the analysis and is responsible for the preparation of a Project’s Plans and Specifications. If applicable to a

Project, the Architect/Design Professional/Engineer of Record will be a Consultant retained by the

County or a county in-house staff member.

Board of County Commissioners: Governing body of Pinellas County hereinafter referred to as the

Board.

Calendar Day: Every day shown on the calendar, ending and beginning at Midnight.

Change Order: A written order authorized by the Board or County Administrator, issued by the Design

Professional/Engineer/Project Manager, and accepted by the Contractor directing certain changes, additions or reductions in the Work, in the materials used, or in the Job Order Contract.

Commencement Date: Date established in the Notice to Proceed or Agreement. Contractor shall commence the Work within fifteen (15) consecutive calendar days, or Contractor shall commence the

Job Order Contract on the date of the Notice to Proceed, or as mutually agreed by the Parties, from the date of the Notice to Proceed.

Construction Task Catalog® (CTC): A comprehensive listing of construction related tasks together with a specific unit of measure and a published Unit Price.

Consultant: The Professional Engineer/Design Professional or Engineering Firm registered in the State of

Florida who performs Professional Engineering Services for the County, other than County personnel.

The Consultant may be the Design Professional/Engineer of Record or may provide services through and be subcontracted to the Design Professional/Engineer of Record or maybe providing construction engineering and inspection (CEI) services, as applicable.

Contract Administrator: The County’s designee for overseeing the Job Order Contracting program.

Contractor: The General Contractor, the Individual, Partnership or Corporation agreeing to do the Work for the County as Prime Contractor. The Contractor may be referred to interchangeably as "Bidder"

"Respondent", "Vendor", "Submitter", and/or "Proposer" in this document depending on the contracting phase governed herein.

Contract Documents: All documents referred to herein in addition to all duly executed and issued addenda, legal advertisements and change orders.

County:Pinellas County, a subdivision of the State of Florida and may be used interchangeably with

"Pinellas County".

Design Professional: A collective term intended to apply to “Architect/Engineer of Record”, licensed and registered in the State of Florida, the prime party responsible for the design, engineering, and construction documentation of the project and contracted directly with the County/Owner.

Detailed Scope of Work: A document setting forth the Work the Contractor is obligated to complete for a particular Job Order.

Engineer: The Engineer, a staff member of the County or his duly authorized representative, acting on behalf of the County.

FDOT: The Florida Department of Transportation.

FDOT Specifications: Florida Department of Transportation, “STANDARD SPECIFICATIONS FOR ROAD

AND BRIDGE CONSTRUCTION”, (latest edition at time of advertisement), and all supplemental specifications thereto.

Final Acceptance: Whenever the Work provided for under the Agreement/Job Order has been completely performed by the Contractor, and the final inspection has been made by the Design

Professional/Engineer/Project Manager.

Final Completion: The point in which all Work is complete and all other Agreement/Job Order requirements have been satisfied.

Inspector: An authorized representative of the Design Professional/Engineer/Project Manager, assigned to make any or all necessary inspections of the Work performed, and materials furnished by the

Contractor.

Job Order: A written order issued by the Owner, as the notice to proceed, requiring the Contractor to complete the Detailed Scope of Work within the Job Order Completion Time for the Job Order Price. A project may consist of (1) or more Job Orders, generated from JOC software showing scope, price and duration.

Job Order Amount: The lump sum, fixed price amount the Contractor will be paid for completing the

Detailed Scope of Work of a particular Job Order.

Job Order Completion Time:The period of time allotted for the Contractor to complete the Detailed

Scope of Work of a particular Job Order.

Job Order Price Proposal: The price proposal prepared by the Contractor that includes the Pre-priced

Tasks, Non-Priced Tasks, quantities and the appropriate Adjustment Factors required to complete the

Detailed Scope of Work.

Job Order Proposal: A set of documents including at least: (a) Job Order Price Proposal; (b) required drawings or sketches; (c) list of anticipated Subcontractors and Materialmen; (d) construction schedule;

and (e) other requested documents.

Joint Scope Meeting: A site meeting to discuss the Project before the Detailed Scope of Work is finalized.

Man Day: A unit of measure for work by one person in a calendar day.

Maximum Contract Term Value: The maximum dollar value of Job Orders that can be ordered during the term of the Contract.

Maximum Contract Total Value: The maximum dollar value of Job Orders that can be ordered under this Contract during the entire duration of the Contract.

Non Pre-priced Task: An item of work required by the Detailed Scope of Work but not included in the

Construction Task Catalog®.

Non-Secure Area: An area wherein the Work is to be performed by the Contractor, not designated as a

Secure Area.

Normal Working Hours: 7:00 AM to 7:00 PM Monday through Friday except Holidays.

Notice of Award: The formal document informing the Contractor of its successful selection to construct the Project.

Notice to Proceed: Formal written document informing the Contractor to begin the Work, and notifying the Contractor of the architect, project engineer and other agency or person to which the Contractor may submit its payment request or invoice.

Other Than Normal Working Hours: The hours of 7:01 PM to 6:59 AM Monday through Friday and any time Saturday, Sunday, and Holidays. County holidays are as follows: New Year Day, January 1st, Martin

Luther King Day, 3rd Monday in January, Memorial Day, Last Monday in May, Independence Day, July

4th, Labor Day, 1st Monday in September, Veterans Day, November 11th, Thanksgiving Day, 4th

Thursday in November, Friday following Thanksgiving, and Christmas, December 25th. If Christmas or

New Year’s Day shall fall on Tuesday or Thursday, the proceeding Monday or following Friday is also recognized as a holiday. When a holiday falls on a Saturday, the proceeding Friday is observed as the official holiday. If the holiday falls on a Sunday, the proceeding Monday is observed as the official holiday.

Owner: Is Pinellas County, a political subdivision of the State of Florida, herein after referred to as the

County.

PCU - Standard Specifications: Pinellas County Utilities (PCU) “Material Specification Manual”, “Technical Specifications”, “Pump Station Standard Details” and “Standard Details” as described and defined on the Utility Department’s website at www.pinellascounty.org/utilities under the Engineering header. Contractor’s bid must be based on those standards that are in place as of the Bid Publication date.

PC Special Provisions: Pinellas County Roadway Special Provisions that provide specific additions and/or revisions to the requirements of the Pinellas County Standard Technical Specifications for Roadway and

General Construction (latest edition)

PC Std. Tech. Spec.: Pinellas County Standard Technical Specifications for Roadway and General

Construction (latest edition at time of advertisement) shown on the Pinellas County website.

PC Supplemental Specifications: Specifications adopted by Pinellas County that add or revise the

Pinellas County Standard Technical Specifications for Roadway and General Construction (latest edition) and/or the Pinellas County Special Provisions, setting forth conditions varying from or additional to the

Pinellas County Standard Technical Specifications (latest edition) and/or the Pinellas County Special

Provisions applicable to a specific Project or a specific set of conditions.

Plans: Approved drawings or reproductions thereof, showing the location, character, dimension and details of the work to be done as issued by the Design Professional/Engineer.

Project: All Work, materials or equipment (whether or not specifically called for) required to produce the intended result as described within the Contract Documents, Job Order, or a series of related Job

Orders.

Project Manager: The individual designated by the Owner to represent the owner on all administrative matters related to the Project.

Proposal and Bid Submittal Sheets: Form, as required within a solicitation.

Punch List: The written compilation of those items identified by the Design

Professional/Engineer/Project Manager after Substantial Completion is achieved, which are required to be rendered complete, satisfactory and acceptable for the Project (or Job Order).

Purchase Order (PO): A formal written document used to encumber funds by the Purchasing

Department. The document contains a Purchase Order number, generated from County accounting software showing a PO number for invoicing purposes.

Record Drawings: Record Drawings are a set of signed/sealed CONTRACT PLANS that are maintained by the Contractor for the express use of recording AS-BUILT INFORMATION.

Regular Work Day or Business Day: Any calendar day from 7:00 AM to 7:00 PM except a Saturday, Sunday or recognized holiday.

Request for Proposal (RFP): A written request to the Contractor issued by the County that formally requests the Contractor to prepare a Proposal for a Detailed Scope of Work referenced therein.

Schedule of Values: The individual values as set forth by the Contractor as payment for the bid quantity units identified on the bid submittal sheets, or the Work completed on a Job Order. The total of the extended units in the Schedule of Values determines the Agreement Amount. The Agreement Amount may only be modified by Change Order approved by the Board, or County Administrator.

Scope of Work: The general intent of the Work to be accomplished as defined by the Project Plans and

Specifications.

Secure Area: An area wherein work is to be performed by the Contractor designated by the Project

Manager as a secure program area wherein facility security personnel must monitor and/or supervise the Contractor and the Contractor must comply with various County security precautions and regulations.

Special Notices: Specific clauses adding to or revising the Standard Specifications, setting forth conditions varying from or additional to the Standard Specifications, for a specific Project.

Specifications: The directions, provisions and requirements contained herein, together with all stipulations contained in the plans or Contract Documents, setting out or relating to the method and manner of performing the Work, or to the quantities and qualities of materials and labor to be furnished under the Agreement.

Submittal: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, or "quote" if this is an ITQ, and "proposal" if this is an RFP.

Substantial Completion: The date of “Substantial Completion” of the Work (or designated portions thereof) is the date certified by the Consultant and approved by the Design

Professional/Engineer/Project Manager when construction is sufficiently complete, in accordance with the Contract Documents/Job Order, so the county can occupy or utilize the Work (or designated portions thereof) for the use for which it was intended.

Supplemental Job Order: A Job Order that adds work to, deletes work from, or adjusts the Job Order

Completion Time for a prior related Job Order.

Technical Special Provisions: Specifications prepared, signed and sealed by the Consultant. These would be listed in the document hierarchy ahead of any other “Standard Specifications”, if applicable.

Survey Crew Day: A unit of measurement for Work by a survey crew in a calendar day.

Unforeseen Work: Conditions encountered during the performance of the Work, sub-surface or otherwise concealed, or of an unusual nature, which differ materially from those indicated in the

Contract Documents/Detailed Scope of Work.

Unit Price: The price published in the Construction Task Catalog® for a specific construction or construction related work task. Unit Prices for new Pre-priced Tasks can be established during the course of the Contract and added to the Construction Task Catalogs®. Each Unit Price is comprised of labor, equipment, and material costs to accomplish that specific Pre-priced Task.

Unspecified: A pay item included for usage as directed by the County, and for usage under conditions or circumstances unforeseen at the time of Agreement.

Work:All labor, materials & incidentals required for the construction of the improvement for which the

Agreement is made or Job Order is issued, including superintendence, use of equipment & tools, and all services & responsibilities prescribed or implied, which are necessary for the complete performance by the Contractor of his obligations under the contact. Unless otherwise specified herein or in the

Agreement, all costs of liability and of performing the Work shall be at the Contractor's expense.

4. Instructions & General Conditions for Submittals

4.1. 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.

4.2. 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.

4.3. 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.

4.4. AWARD OF CONTRACT - ITB

A. The contract will be awarded to the lowest responsive, responsible bidder whose submittal, conforming to the solicitation, is most advantageous to Pinellas County, price and other factors considered. For Invitation to Bid for Sale of Real or Surplus Property, award will be made to the highest and most advantageous bid including price and other factors considered.

B. The County reserves the right to accept and award item by item, and/or by group, or in the aggregate, unless the respondent qualifies their bid by specified limitations. See Rejection of

Submission.

C. If two or more bids received are for the same total amount or unit price or in the case of proposals, the qualifications, quality and service are equal then the contract will be awarded by drawing lots in public.

D. Prices quoted must be Free on Board (FOB) Pinellas County with all transportation charges prepaid unless otherwise specified in the Invitation to Bid.

E. A written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful respondent, will result in a binding contract without further action by either party.

4.5. 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)

4.6. 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.

4.7. 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.

4.8. 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.

4.9. 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 General

2. Phone – (727) 45FRAUD (453-7283)

3. Fax – 727-464-8386

4.10. CONTRACT STANDARD TERMS & CONDITIONS

The awarded contract resulting from this solicitation will be subject to the County’s Standard Terms and

Conditions effective as of the date of the contract award, available at https://pinellas.gov/county-standard-terms-conditions/, and any Special Conditions outlined in this solicitation.

The successful Contractor must be prepared for the County to accept its response as submitted, subject to the Standard and Special Terms & Conditions. The successful Contractor’s response will be incorporated into the final contract as the Scope of Work. The County may reject any exception to the

Standard or Special Terms & Conditions proposed by the Contractor, and will not be bound by any additional or modified terms and conditions included in the successful Contractor’s response that are in conflict with the Standard or Special Terms and Conditions, or are not acceptable to, or have been declared to be non-negotiable by the County, as determined in its sole discretion.

If the successful Contractor fails to sign all documents necessary to successfully execute the final contract within a reasonable time following the award, or (if applicable) negotiations do not result in an acceptable agreement, the County may reject the response or revoke the award, and may begin negotiations with another Contractor. Final contract terms must be approved or signed by the appropriately authorized County official(s).

4.11. CONTRACTOR CAPABILITY / REFERENCES

Prior to agreement award, any contractor may be required to show that the company has the necessary facilities, equipment, ability and financial resources to perform the work specified in a satisfactory manner and within the time specified. In addition, the company must have experience in work of the same or similar nature, and can provide references, which will satisfy the County. Contractors must furnish a reference list of at least four (4) customers for whom they have performed similar services.

4.12. CONTRACTOR LICENSE REQUIREMENT

All Contractors performing construction and related work in Pinellas County must comply with our regulatory legislation, Chapter 75-489, Laws of Florida, as amended. Failure to have a competency license in a regulated trade will be cause for rejection of any submittal and/or award.

4.13. CORPORATE REGISTRATION

An award may not be issued without proof that your firm is registered with the Florida Division of

Corporations, as per Florida Statute §607.1501 www.flsenate.gov/Laws/Statutes/2011/607.1501.

A foreign corporation (foreign to the State of Florida) may not transact business in this state until it obtains a certificate of authority from the Department of State. Please visit dos.myflorida.com/sunbiz/ for this information on how to become registered.

4.14. DESCRIPTION OF GOODS/SERVICES/SUPPLIES

A. Any manufacturer's names, trade names, brand name, or catalog numbers used in specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Submittals will be considered for all brands which meet the quality of the specifications listed for any items.

https://pinellas.gov/county-standard-terms-conditions/ https://pinellas.gov/county-standard-terms-conditions/ https://www.flsenate.gov/Laws/Statutes/2011/607.1501 https://dos.myflorida.com/sunbiz/

B. Contractors are required to state exactly what they intend to furnish otherwise they will be required to furnish the items as specified.

C. Contractor submission must include all data necessary to evaluate and determine the quality of the item(s) they intend to furnish.

D. ALTERNATES: Alternates will not be considered unless authorized by the solicitation. Such alternates may or may not be accepted by the County. If approved, it is at the County’s discretion to accept said alternate(s) in any sequence or combination therein. If the contractor is proposing an alternate that is not provided in the solicitation, alternate(s) must be submitted within the OpenGov Q & A section prior to the question deadline, and receive approval prior to the solicitation opening date in order to be considered for award.

E. OR EQUAL DETERMINATION: Where submitting other than specified, the determination of equivalency will be at the sole discretion of Pinellas County and its specialized personnel.

4.15. E-VERIFY

The contractor and their subcontractor(s) must register with and use the E-verify system in accordance with Florida Statute 448.095. A contractor and subcontractor may not enter into a contract with the

County unless each party registers with and uses the E-verify system.

If a contractor enters a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized aliens. The contractor must maintain a copy of the affidavit for the duration of the contract.

If the County, Contractor, or Subcontractor has a good faith belief that a person or entity with which it is contracting has knowingly violated Florida Statute 448.09(1) they must immediately terminate the contract with the person or entity.

If the County has a good faith belief that a Subcontractor knowingly violated this provision, but the

Contractor otherwise complied with this provision, the County will notify the Contractor and order that the Contractor immediately terminate the contract with the Subcontractor.

A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any contract termination under the provisions of this section may be challenged to

Section 448.095(2)(d), Florida Statute. Contractor acknowledges upon termination of this agreement by the County for violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor acknowledges that Contractor is liable for any additional costs incurred by the County as a result of termination of any contract for a violation of this section.

Contractor or Subcontractor will insert in any subcontracts the clauses set forth in this section, requiring the subcontracts to include these clauses in any lower tier subcontracts. Contractor will be responsible for compliance by any Subcontractor or Lower Tier Subcontractor with the clause set for in this section.

4.16. EXCEPTIONS

Contractor is advised that if it wishes to take exception to any of the terms contained or referenced in this solicitation it must explicitly identify the term and the exception in its response to the solicitation.

Contractor's stated exception to a non-negotiable term may disqualify it from consideration for award.

4.17. INDEMNIFICATION

By submitting a response to this solicitation, Contractor understands and agrees that if awarded the indemnification provisions in the https://pinellas.gov/county-standard-terms-conditions/ apply, subject to Pinellas County Resolution 2006-70 (“Indemnification”).

4.18. INDEPENDENT CONTRACTOR STATUS AND COMPLIANCE WITH THE

IMMIGRATION REFORM AND CONTROL ACT OF 1986

Contractor acknowledges that it is functioning as an independent contractor in performing under the terms of this agreement, and it is not acting as an employee of Pinellas County. The contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and

Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to comply with the above provisions of the agreement will be considered a material breach and grounds for immediate termination of the agreement.

4.19. INSURANCE

The contractor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed in the insurance section below. Failure to provide the required insurance within a ten (10) day period following the determination or recommendation of award may result in the

County to vacate the original determination or recommendation and proceed with recommendation to another contractor.

4.20. LOBBYING

All Contractors agree to adhere to Pinellas County Code Section 2-189, which states:

Lobbying shall be prohibited on all county competitive selection processes and purchasing contract awards pursuant to this division, including, but not limited to, requests for proposals, requests for quotations, requests for qualifications, bids or the award of purchasing contracts of any type. The purpose of this prohibition is to protect the integrity of the procurement process by shielding it from undue influences prior to the contract award, or the competitive selection process is otherwise concluded. However, nothing herein shall prohibit a prospective respondent/proposer/protestor from contacting the Purchasing Department or the County Attorney's Office to address situations such as clarification and/or pose questions related to the procurement process.

Lobbying of evaluation committee members, county government employees, elected/appointed officials, or advisory board members regarding requests for proposals, requests for quotations, requests for qualifications, bids, or purchasing contracts, by the respondent, any member of the respondent's staff, any agent or representative of the respondent, or any person employed by any legal entity https://pinellas.gov/county-standard-terms-conditions/ affiliated with or representing a respondent, is strictly prohibited from the date of the advertisement, or on a…