ON-GOING_CHEMICAL_FEED_SYSTEM_MAINTENANCE_REPAIRS_AND_UPGRADES_(Addendum_#2_Revision).pdf

IFB- 24 - 164

ON-GOING CHEMICAL FEED SYSTEM MAINTENANCE

REPAIRS AND UPGRADES

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: April 23, 2024

DEADLINE FOR QUESTIONS: April 30, 2024

RESPONSE DEADLINE: May 7, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

ON-GOING CHEMICAL FEED SYSTEM MAINTENANCE

REPAIRS AND UPGRADES

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Background Checks

VIII. Insurance

Attachments:

B - Service Agreement - ON-GOING CHEMICAL FEED SYSTEM

#IFB- 24 - 164

Title: ON-GOING CHEMICAL FEED SYSTEM MAINTENANCE REPAIRS AND UPGRADES

1. Introduction

1.1. Summary

To establish maintenance, repair and replacement services for on-site Chemical Feed System equipment with on-site visits to various facilities throughout the City of St. Petersburg, FL.

1.2. Contact Information

Kristie Maciejewski Procurement Analyst PO Box 2842 St. Petersburg, FL 33731 Email: kristie.maciejewski@stpete.org Phone: (727) 893-7030

Department:

Water Resources

1.3. Timeline

*Timeline is subject to change

Solicitation Published April 23, 2024

Deadline for Questions April 30, 2024, 2:00pm

Deadline for Submittals May 7, 2024, 2:00pm mailto:kristie.maciejewski@stpete.org tel:(727)893-7030

2. Solicitation Information

2.1. Submission or Receipt of Bid

Bids will be received through the City’s online bidding system no later than 2:00 pm on Tuesday, May 7, 2024.

2.2. Standard for Award

The City will award to one vendor by written notice to the lowest responsible and responsive Vendor that meets the minimum qualifications required in the Scope.

2.3. Bid Evaluation

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

2.4. Submittal Requirements

The following documents are required to be considered responsive:

• Completed Vendor Questionnaire

• Completed Cost Proposal

• Bid bond in the amount of 5% of the base bid must be received by the Procurement Analyst within 48 hours of the bid deadline https://procurement.opengov.com/portal/stpete/projects/90896

3. Vendor Questionnaire

3.1. General Information

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

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

☐ No

*Response required

3.1.2. Is the Vendor a City of St. Petersburg certified SBE? * ☐ Yes

☐ No

*Response required

3.1.3. Is the Vendor a City of St. Petersburg certified MWBE? * ☐ Yes

☐ No

*Response required

3.1.4. Address for Headquarters location.*

*Response required

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

3.1.6. Contact Information for Contact Person.*

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

• Name

• Title

• Phone

• Email

*Response required

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

*Response required

3.1.8. Year the Company was Founded.*

*Response required

3.1.9. Number of years company has operated under the current name.* *Response required

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

3.1.11. Company’s bank of record.*

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

*Response required

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

*Response required

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

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

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

*Response required

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

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

*Response required

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

☐ No

*Response required

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

*Response required

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

☐ Yes

☐ No

*Response required

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

Florida Statute §286.101 (3)(a).

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

☐ No

*Response required

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

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

☐ No

*Response required

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

3.2. Supplier Diversity Forms

3.2.1. Small Business Enterprise Forms A and B*

The SBE Goal for the project: %

Please download the below documents, complete, and upload.

• FILLABLE_LETTER_OF_INTENT_S...

• FILLABLE_SBE_NON-USE_SBE_FO...

*Response required

3.3. Service Contracts Over $200,000

3.3.1. Does vendor employ more than 50 full time employees?*

☐ Yes

☐ No

*Response required

3.3.2. If YES, does the vendor agree to comply with the living wage requirements set forth in the St. Petersburg City Code? * ☐ Yes

☐ No

*Response required

3.4. A bid bond in the amount of 5% of the base bid is attached to your submittal.

Please upload a copy of the bid bond and send the original to:

https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1274/9ecd920f-b161-4fd7-a047-34937bc80fc8_FILLABLE_LETTER_OF_INTENT_SBE-FORM_A.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4CADAMOD4%2F20240506%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240506T133633Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGYaCXVzLXdlc3QtMiJIMEYCIQCyiAAzseJWxVSSqDNktTbN%2FpGJBi%2F3FvfeoSj0OyU19wIhAJi2Ma0rPsRje11uxwjBNU4CzrazFnkiLo%2FZTxHQo%2BRWKowFCL%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgzL0jnxhHIShcvBDr4q4ASLM24qpFsIDRZmj315Ny8svWEOo4lOevwoFfMQOKjUyhcM5Nsh0i1ZEUQOHNhzbq2GLXHz1SjHeLC2Kp7H1mb0nl1obwUlW10cehcEsT2qCXacg2ilFjNFtucUcFTn4tt6Kl5NNpI3BnjqGEoyBXTy%2Fwp4%2BxxB9zYJuJZ3ndntufLSRyhP1Zk5rUiDYoKV3YR6A1%2B%2BM9ybgMQDoigmVH99E9lhSDpgLkg6v5uGBgOzf6bWx0t%2BEIzTD7GA8LfCq3Pwz1awAGCvUG%2BsPdxiJZtuWSEBsuyi%2BDJP%2BoDA0YjOkdma43GNFokJB6vf4bJ0mE9BEao6Z6v74KXfN2HIc0a6HD4xT0s12rHIjtrPk%2BMqnjBnFByFK72bDr6GSidXq8gfrFnz2EAwlHPSt8P9MaS9721caX8hAKd%2FplfNK04Bru9m7IBcDyQOn%2Bds%2By%2FAfvX30diSbh3t3wvIv0h2sh2I%2Fu6mNwSb69XEUzM3PBhCl4UbrYIKc3oKX9xp5mhFJ2GlmmSFXgs1mzmNvazA2E1F13qdStQy7qbli4KoWBlNeHzzgJm4s11kk9kub%2FAZl0Rm3uCrpvZXLInpc5iqO5Apa3s0teYQ%2FHZNizt9vkVa8SENjPMUED9BdLJ4syC9qNPVg35xweeTO32DmlXVoeja2BmFRq9c98SzAhQIHn%2FY3mcxJOi6vU5%2FhA4u9Ex%2FJQKv27wnhj4WCpz1p3J0np%2FmgmJSGnPZXWuNvTqBMc75d2omHWoapQeNqxg4k0ZjsXPxUMedHSXX8NmBD7I10L8http1THTgV0dhX2LphGwD3zDtuOOxBjqaARk9h7GbTfn%2Bp9bMHD%2BEl%2F21AA3IlogUSpNk4K0F3mdtVjr4%2ByOckaSBacxYkBBy4GtiMbg3VB8ZfKna9NEc1bEPXmcDoGpScZrZs60GDw6jWd4SSPEuBiEtjPajfNMBCEy9s5kI6GH%2BeVCiXNNbw7Ed4zzcSnYnUQzd0DUeZr0Uvqrjh86I5Mp4xvgCYvLgZMldSeu3SAt4q0U%3D&X-Amz-Signature=4e8764585853bc028f697823cf3aa9b6a983a219558ca91cc8523642162fcc9f&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22FILLABLE_LETTER_OF_INTENT_SBE-FORM_A.pdf%22&x-id=GetObject https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1274/b545aa62-0cef-4c8f-9fc2-4e4db0e6d525_FILLABLE_SBE_NON-USE_SBE_FORM_B.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4CADAMOD4%2F20240506%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240506T133633Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGYaCXVzLXdlc3QtMiJIMEYCIQCyiAAzseJWxVSSqDNktTbN%2FpGJBi%2F3FvfeoSj0OyU19wIhAJi2Ma0rPsRje11uxwjBNU4CzrazFnkiLo%2FZTxHQo%2BRWKowFCL%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgzL0jnxhHIShcvBDr4q4ASLM24qpFsIDRZmj315Ny8svWEOo4lOevwoFfMQOKjUyhcM5Nsh0i1ZEUQOHNhzbq2GLXHz1SjHeLC2Kp7H1mb0nl1obwUlW10cehcEsT2qCXacg2ilFjNFtucUcFTn4tt6Kl5NNpI3BnjqGEoyBXTy%2Fwp4%2BxxB9zYJuJZ3ndntufLSRyhP1Zk5rUiDYoKV3YR6A1%2B%2BM9ybgMQDoigmVH99E9lhSDpgLkg6v5uGBgOzf6bWx0t%2BEIzTD7GA8LfCq3Pwz1awAGCvUG%2BsPdxiJZtuWSEBsuyi%2BDJP%2BoDA0YjOkdma43GNFokJB6vf4bJ0mE9BEao6Z6v74KXfN2HIc0a6HD4xT0s12rHIjtrPk%2BMqnjBnFByFK72bDr6GSidXq8gfrFnz2EAwlHPSt8P9MaS9721caX8hAKd%2FplfNK04Bru9m7IBcDyQOn%2Bds%2By%2FAfvX30diSbh3t3wvIv0h2sh2I%2Fu6mNwSb69XEUzM3PBhCl4UbrYIKc3oKX9xp5mhFJ2GlmmSFXgs1mzmNvazA2E1F13qdStQy7qbli4KoWBlNeHzzgJm4s11kk9kub%2FAZl0Rm3uCrpvZXLInpc5iqO5Apa3s0teYQ%2FHZNizt9vkVa8SENjPMUED9BdLJ4syC9qNPVg35xweeTO32DmlXVoeja2BmFRq9c98SzAhQIHn%2FY3mcxJOi6vU5%2FhA4u9Ex%2FJQKv27wnhj4WCpz1p3J0np%2FmgmJSGnPZXWuNvTqBMc75d2omHWoapQeNqxg4k0ZjsXPxUMedHSXX8NmBD7I10L8http1THTgV0dhX2LphGwD3zDtuOOxBjqaARk9h7GbTfn%2Bp9bMHD%2BEl%2F21AA3IlogUSpNk4K0F3mdtVjr4%2ByOckaSBacxYkBBy4GtiMbg3VB8ZfKna9NEc1bEPXmcDoGpScZrZs60GDw6jWd4SSPEuBiEtjPajfNMBCEy9s5kI6GH%2BeVCiXNNbw7Ed4zzcSnYnUQzd0DUeZr0Uvqrjh86I5Mp4xvgCYvLgZMldSeu3SAt4q0U%3D&X-Amz-Signature=6feb55917a95c3bffd3d1695f51abefead917888d7b5218a3e4fb1e09c81fed7&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22FILLABLE_SBE_NON-USE_SBE_FORM_B.pdf%22&x-id=GetObject

PO BOX 2842

5th Floor- Procurement

Attn: Procurement Analyst Assigned

St. Petersburg, FL 33731

Please note: The original bid bond must be received by the Procurement Analyst within 48 hours of the bid deadline.

3.4.1. Bid Bond Form

Please upload the bid bond form.

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

☐ No

3.4.3. Please attach your cost proposal

4. Scope of Work

4.1. Intent

The City of St. Petersburg, FL is seeking responses from qualified vendors to establish maintenance, repair, and replacement services for on-site Chemical Feed System equipment with on-site visits to various facilities throughout the City on an as-needed basis.

4.2. Contract Term

The initial term of the agreement is three years from date of contract execution, and may, by mutual agreement of the parties, be renewed for one two-year renewal.

4.3. Pricing

The price for work under this section shall include the furnishing of all labor, materials, appurtenances, equipment, temporary loaner equipment if needed. Start-up services, disposal of tanks and consumed material, all reports, preventive maintenance logs, repair and replacement documentation, permitting, training, engineering and operation and maintenance support of the chemical dosing and metering system.

4.4. PERFORMANCE OF THE WORK

The established contractor of the award must provide a comprehensive evaluation of all chemical dosing and metering equipment within the first 30 days of the award. The evaluation is a one-time process that will include the following:

A. Location of the facility

B. The manufacturer, serial number and specific equipment name of all associated chemical dosing and metering equipment on location.

C. The condition of the chemical dosing and feed equipment.

D. Life expectancy of existing equipment.

E. Suggested preventative maintenance of existing equipment.

F. Suggested repairs required at the time of inspection.

G. Separate quote for repairs required as noted during the initial equipment evaluation.

The following is a list of the types of equipment, the contractor will be required to maintain, repair, and replace, including but not limited to:

A. Chemical metering skids and accessories.

B. Chemical metering pumps and controls.

C. Chemical storage pumps and piping.

D. Injection points.

E. Flow metering chemical controls.

F. Chemical tanks and piping.

G. Chemical injection piping.

H. Temporary equipment supply.

I. Temporary bulk chemical tanks.

J. Chemical storage tank transfer equipment.

K. Electronic equipment associated with chemical metering.

L. Chemical metering equipment.

M. Biological odor control systems.

N. Wastewater plant aeration systems.

O. Tank mixing systems.

P. THM removal systems.

The following is a list of services the contractor is expected to provide as part of the award, including but not limited to:

A. Inspection services

B. PMI scheduling

C. Testing of chemical systems

D. Installation (UPGRADE) of chemical systems and any associated equipment and materials required for installation (UPGRADE)

E. Emergency spill and repair response

F. Documentation of all work; engineering specifications, O&M Manuals, record drawings, warranty information and permits as required.

G. Start-up services

H. Providing all equipment essential to the repair and replacement of chemical systems.

I. Set-up and dismantle of temporary equipment.

J. Removal and disposal of all materials

K. Other services that may be required to ensure the operation and maintenance of the chemical feed system.

Types of Chemicals

A. Sodium Hypochlorite

B. Caustic

C. Ammonium Sulfate

D. Fluoride

E. Polymer

F. Ferric Chloride

G. Aluminum Sulfate

H. Glycerin

I. Sodium Chloride

J. ACH

K. Sodium Bisulfite

Chemical dosing and metering equipment may be picked up or repaired at the various water treatment and pumping facilities. Spare or loaner equipment may be required to keep facilities operating and in compliance while primary equipment is repaired or replaced.

All repaired equipment must be returned to the same site within fifteen (15) calendar days from the date of pick-up, unless otherwise approved by the City.

Work must include as-needed repairs, replacements, and emergency services. The contractor shall respond to Emergency on-site within two (2) hours of notification and begin work with four

(4) hours of initial notification. See further explanation in Section 4.4.

All repairs, replacements, testing and calibration must be done to industry standards and the manufacturer’s suggested specifications.

Hourly Rates are based on Normal Business Hours: Monday - Friday 8:00 AM – 5:00 PM excluding City Recognized Holidays. Premium Rates are Based on Monday – Friday 5:00 PM –

8:00 AM, Saturday, Sunday, City Recognized Holidays and Declared Emergencies.

Hourly rates must include all costs, such as labor, travel mileage, pick-up and delivery charges to location for all work orders spanning the Bay Area.

4.5. ADDITIONAL WORK ORDER PROCEDURES

A. For non-emergency as needed repairs the contractor shall respond within five (5) business days with a not-to-exceed quote, including time to complete the work, and cost of material, based on the Bid items, and total. If the vendor does not comply and provide quote within the five (5) business day window, the City may obtain quotes from the next highest bidder. The owner’s representative will review the quote and will approve or reject the proposal. Upon approval, the owner’s representative will then provide a Notice to Proceed in writing via email to the contractor stating the time to start and complete work. The contractor will not receive additional compensation for the proposal process.

The contractor will have no claim for compensation greater than the maximum listed on the quote unless approved in writing by the owner’s representative in advance. The contractor shall submit a written proposal for any additional work, in the contractor’s opinion, that is not listed in the quote. The additional proposal must list all recommended work, describing each item of work insufficient detail. The City reserves the right to reject the additional proposal work at its sole discretion.

B. For emergency repairs the City will contact the contractor and provide a “Not to Exceed” amount. The contractor shall respond within two (2) hours and be on-site within four (4) hours of initial notification to perform the scope of work requested. The contractor shall provide a quote for the emergency services performed the next business day via email.

4.6. ADDITIONAL TERMS AND CONDITIONS

A. The use of subcontractors is not permitted without prior approval from the City.

B. The City reserves the right to temporarily suspend service throughout the term of the agreement due to construction.

C. The Contractor shall provide a single point of contact to administer the agreement.

D. The Contractor shall have the facilities, capabilities, and staff available for the entire term.

E. The Contractor should receive permission prior to shutting down/deenergizing systems.

F. Replacement parts should be new and OEM quality. Refurbished parts and material shall only be allowed upon City approval.

G. Contractor should provide services during regular business hours and should schedule work through the City.

H. The City has the right to add or delete services with 30 days prior notice.

4.7. Minimum Qualifications

The bidder may be required before the award of any contract to show to the complete satisfaction of the City of St. Petersburg that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City in regard to the bidder’s qualifications. The City may also make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish the City all information for this purpose that may be requested. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City that the bidder is properly qualified to carry out the obligations of the contract and to complete the work as described therein.

Evaluation of the bidder’s qualifications shall include:

A. The ability, capacity, skill, and financial resources to perform the work or provide the services required.

B. The ability of the bidder to perform the work or provide the services promptly or within the time specified without delay or interference.

C. The character, integrity, reputation, judgement, experience, and efficiency of the bidder.

D. The quality of performance of previous contracts or services.

E. Have been in the Business of providing Chemical dosing, Chemical Storage, Chemical

Transfer Equipment, Chemical System Maintenance, and Design of Chemical Systems for a minimum of fifteen (15) years.

F. All field personnel must be certified in their trade and have a minimum of five (5) years experience in their respective trade.

G. Be a Financially Stable and Viable Company.

H. Have the ability to obtain the minimum insurance requirements set forth in the base

Agreement.

I. Own or have immediate access to the equipment required to provide all services set forth in this Agreement.

J. Must stock all of the various equipment used by the City including tanks, feed pumps, feed equipment, and specialty piping materials.

K. Must have demonstrated ability to respond 24/7 with high level of service to Water and

Wastewater Treatment Plants.

L. Must be able to provide turnkey projects to upgrade chemical storage and feed systems, including design, engineering, permitting, installation, commissioning, startup, and training.

M. Bidder’s main business site and warehouses must be located within 50 miles of the City of St. Petersburg, FL.

N. Have the ability to meet the bonding requirements.

O. Provide a Point of Contact for the project.

P. Background check for Water Resources.

4.8. City's Responsibilties

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

1. City shall provide a point of contact (City Project Manager) to administer the Agreement.

2. City Project Manager shall assist with planning, strategy, and objectives prior to performance of the Work.

3. City Project Manager shall promptly respond to issues and inquiries so as not to hinder the progress, completion, or compensation for the Work.

5. Cost Proposal

CHEMICAL METERING, FEED EQUIPMENT, STORAGE AND DISTRIBUTION SYSTEM

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Service Technicians - Normal Hourly

Rate 1 Hour

2 Service Technicians - Premium

Hourly Rate 1 Hour

3 Service Technician Assistant - Normal

Hourly Rate 1 Hour

4 Service Technician Assistant -

Premium Hourly Rate 1 Hour

5 Unskilled Labor - Normal Hourly Rate 1 Hour

6 Unskilled Labor - Premium Hourly

Rate 1 Hour

7 Shop Fabrication for Repairs - Normal

Hourly Rate 1 Hour

8 Shop Fabrication for Repairs -

Premium Hourly Rate 1 Hour

9 One Time Evaluation Fee and

Inspection per facility - Normal

Hourly Rate

1 Hour

10 One Time Evaluation Fee and

Inspection per facility - Premium

Hourly Rate

1 Hour

11 Engineering Services - Hourly Rate 1 Hour

TOTAL

PERCENT MARK-UP

Line Item Description Unit of Measure Percentage

12 Subcontractor Markup Percentage Percent

Line Item Description Unit of Measure Percentage

13 Equipment and Materials Markup Percentage Percent

6. General Terms

6.1. Vendor Registration

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

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

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

Statute 607.1501.

6.2. Solicitation Review

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

6.3. Solicitation Response Preparation

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

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

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

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

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 2:00 pm on Tuesday, April 30, 2024. Questions will be answered via City's online sourcing system no later than NO VALUE on NO VALUE. More complex questions may require a written addendum to the solicitation. Explanations or instructions will not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of an Agreement will not be binding. If necessary, a written addendum to this solicitation will be issued and posted on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/90896 for download by Vendors.

6.5. Amendments

Any amendments issued for this solicitation will be posted as an addendum on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/90896 and notifications will be released to vendors who are following the project by clicking "Follow". Vendors must submit their responses to the most current version of the solicitation as amended, if applicable.

6.6. Submission of Solicitation Responses

Solicitation responses will be received through the City’s online sourcing system. E-mail or in-person submittals will not be considered unless approved before the solicitation submission deadline by the https://procurement.opengov.com/signup https://procurement.opengov.com/portal/stpete https://procurement.opengov.com/portal/stpete/projects/90896

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

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

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

6.7. Mistakes in the Solicitation

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

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

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

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

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

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

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

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

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

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

Chapter 286, Florida Statutes.

6.9. Bonds

Vendors will need to furnish a bid bond as indicated in the solicitation, if applicable.

6.10. Cash Discounts

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

6.11. Award

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

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

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

6.12. Acceptance Period

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

6.13. Right to Reject

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

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

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

6.14. Vendor Complaints

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

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

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

6.15. Protest

(a) All protests related to a solicitation or award must be first submitted in writing to the POD no later than seven (7) days preceding the date of the City Council meeting approving the contract, or no later than seven (7) calendar days following the selection of the successful bidder if the contract does not require City Council approval.

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

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

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

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

(4) The relief sought.

(c) If the protest meets the requirements of subsection (b) of this section, the POD will investigate the validity of the protest and present the findings in writing to the person or entity that submitted the protest. Otherwise, the POD will promptly notify the person or entity that submitted the protest that the protest is untimely or that the protest failed to meet the requirements of subsection (b) of this section and give the reasons for the failure.

(d) If the person or entity is dissatisfied with the POD’s response, the person or entity may then make an appeal to the City

Administrator, who will hear the appeal. The City may not establish appellate jurisdiction of the courts; however, if allowed by the

Florida Rules of Appellate Procedure or other rule or judicial decision, the decision from the City Administrator is the final decision of the City and may be subject to judicial review in the manner provided by law.

6.16. Public Entity Crimes

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

mailto:stephanie.swinson@stpete.org

6.17. Nondiscrimination

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

6.18. Prohibited Communication

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

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

6.19. Environmentally Preferable Purchasing

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

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

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

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

6.20. Health In All Policies

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

6.21. American with Disabilities Act (ADA) Public Notice

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

6.22. Background Checks

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

6.23. Disqualification

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

6.24. Taxes

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

Exemption certificates will be provided upon request.

6.25. Compliance with State and/or Federal Requirements

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

6.26. E-Verify

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

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

7. Background Checks

7.1. Water Resources Department- Criminal background checks in accordance with state statute are required for persons having regular access to the Water Department's buildings, facilities and structures.

The Vendor shall conduct a criminal history check (“Background Check”) for each employee, subconsultant/subcontractor employee that will have regular access to the work site in accordance with the background check requirements set forth in Florida Statute Section 373.6055.

Prior to allowing an employee or subconsultant/subcontractor employee regular access to the work site, the Vendor shall submit to the City's Project Manager an affidavit certifying that each such employee is qualified to regularly access the work site in accordance with Florida Statute Sections 373.6055(2), (3)(b) and (3)(c). If any employee or subconsultant/subcontractor employee’s Background Check identifies criminal convictions or other criminal history factors that disqualify that employee from regular access to the work site, Vendor shall not allow that employee to have regular access to the work site, and an appeal process is not available. In the event Vendor becomes aware that any employee or subconsultant/subcontractor employee has been arrested or convicted for disqualifying offense, Vendor shall immediately remove that employee from the work site.

An updated list of all employees or subconsultant/subcontractor employees with regular access to the work site shall accompany the affidavit and be provided to the City's Project Manager along with the cell phone number of the Vendor's representative responsible for those employees. At any time, the City may request to view the Background Checks of Vendor's employees or subconsultant/subcontractor employees working at the work site. Vendor shall make the Background Checks available for viewing as soon as possible, but no later than twenty-four (24) hours after the request. If the Vendor fails to provide the requested documentation, the employee(s) in question will not be allowed to continue work until the appropriate documentation has been received. The Vendor shall not be allowed an extension of the

Contract Time due to any delay in the performance of the Work attributable to an employee’s inability to perform Work due to a Background Check being unavailable for inspection. The failure of the Vendor to submit an appropriate affidavit or the submission of an affidavit containing false information shall be considered a substantial violation of the terms and conditions of the Contract Documents and shall provide a basis for termination of the Contract.

8. Insurance

8.1. Commercial General Liability

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

8.2. Commercial Automobile Liability

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

8.3. Worker's Compensation

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

8.4. Pollution Liability

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

Coverage shall also include the cost of cleanup and remediation.

8.5. E&O/Professional Liability

Errors & Omissions/Professional Liability insurance appropriate to Contractor’s profession with a minimum limit of $1,000,000 per occurrence. If coverage is on a “Claims Made” basis, it must include a retroactive date of coverage beginning no later than the date this agreement is executed.