Open_Conveyance_Contract_Maintenance;_PID_001922B_(Addendum_#1_Revision).pdf

INVITATION TO BID - CONSTRUCTION (ITB-C)

23-0394-ITB-C

OPEN CONVEYANCE CONTRACT MAINTENANCE; PID 001922B

Pinellas County

Pinellas County Courthouse Annex Bldg., Sixth Floor

Clearwater, FL 33765

RELEASE DATE: March 3, 2023

DEADLINE FOR QUESTIONS: March 10, 2023

RESPONSE DEADLINE: March 28, 2023, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Pinellas County

INVITATION TO BID - CONSTRUCTION (ITB-C)

Open Conveyance Contract Maintenance; PID 001922B

Table of Contents No table of contents entries found.

Attachments:

A - Specifications

B - Plans

C - VENDORS_MUST_COMPLETE_THE_FOLLOWING

D - Contractor_References

E - Electronic_Payment_(EPAYABLES)

F - E-Verify_Affidavit

G - QUALIFICATION_SUBMITTAL_FORM

H - SBE_FORM

I - Affdavit of Release and Guarantee

J - Performance and Payment Bonds

K - Sample Change Order

L - Sample Application for Payment

M - Agreement 23-0394

N - Florida_Trench_Safety_Form

O - APPENDIX_1-Permits

P - APPENDIX_4_-_Special_Notices

Q - Appendix_6-Sample_Plans

R - Appendix_6-List_of_projects

Invitation to Bid - Construction (ITB-C) #23-0394-ITB-C Title: Open Conveyance Contract Maintenance; PID 001922B

S - Pricing Proposal_protected(reference only)

1. NOTICE

INVITATION TO BID

ITB – CONSTRUCTION TWO-STEP

SUBMITTALS ARE OPENED PUBLICLY AND

ARE ACCEPTED VIA OPENGOV

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 DATE: Friday, March 3, 2023

SOLICITATION NUMBER: 23-0394-ITB-C

SOLICITATION TITLE: Open Conveyance Contract Maintenance; PID 001922B

BUDGET: $8,000,000

PLANS PREPARED BY: N/A

ENGINEER/PROJECT MANAGER IS: Frederick W. Roose, froose@pinellas.gov, 727-464-4407

DEADLINE FOR WRITTEN QUESTIONS: Friday, March 10, 2023 BY 3:00 PM EST

SUBMIT QUESTIONS: ALL QUESTIONS MUST BE SUBMITTED IN OPENGOV WITHIN THE Q&A SECTION.

STEP 1 SUBMITTALS ARE DUE BY: Tuesday, March 28, 2023 BY 3:00 pm EST

STEP 2 SUBMITTALS ARE DUE BY: 4/13/2023 BY 3:00 PM EST

STEP 2 PUBLIC MICROSOFT TEAMS MEETING Thursday, 4/13/2023 at 3:30 PM EST https://teams.microsoft.com/l/meetup-join/

You can also dial in using your phone. (Call in – Audio Only)

United States +1(813)644-3116

Phone Conference ID Password: 380457334#

PRE-CONFERENCE INFORMATION: Not Applicable

SITE VISIT INFORMATION: Not Applicable

SOLICITATION CONTACT INFORMATION:

Michelle Jurek

Procurement Analyst https://teams.microsoft.com/l/meetup-join/ mjurek@co.pinellas.fl.us

(727) 464-4382

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

Please Note:

From time to time, addenda may be issued to this solicitation. Any such addenda will be posted on the same Web site, www.pinellascounty.org/purchase/Current_Bids1.htm, from which you obtained this solicitation.

Before submitting, you should check our Web site to download any addenda that may have been issued.

AUTHORIZED BY:

Merry Celeste, CPPB

Division Director of Purchasing and Risk Management http://www.pinellascounty.org/purchase/Current_Bids1.htm

2. INTRODUCTION

2.1. Summary

The contract will cover maintenance activities to ensure that the open ditches help augment the stormwater management systems in Pinellas County. Activities will cover vegetation, tree, sediment removal, and bank restoration or hardening. Other activities may include pipe and structure replacement, roadway restoration, and dredging of creeks, ponds, and ditches.

2.2. 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

2.3. Timeline

Issue Date March 3, 2023

Step 1 Question Submission Deadline March 10, 2023, 3:00pm

Step 1 Bid Submission Deadline March 28, 2023, 3:00pm

Step 2 Bid Submission Deadline April 13, 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.

• 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.

• 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 the Project, performs the analysis and is responsible for the preparation of the Contract Plans and

Specifications. 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 or in the materials used.

• Commencement Date: Date established in the Notice to Proceed. Contractor shall commence the Work within fifteen (15) consecutive calendar days or as mutually agreed by the Parties, from the date of the Notice to Proceed.

• 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.

• Contractor: The General Contractor, the Individual, Partnership or Corporation agreeing to do the Work for the County as Prime Contractor. The Contractor may be refereed to interchangeably as Vendor and/or Bidder in this document pending 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.

• 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

Owner.

• 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 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 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.

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

• 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.

• 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: Specifications approved by Pinellas County that modify or amend the

Pinellas County Standard Technical Specifications for Roadway and General Construction (latest edition) (“Standard Specifications”), setting forth conditions that vary from the Standard

Specifications and are applicable to a specific type of Project, or a specific set of conditions.

• 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 approved by Pinellas County that are in addition to the Pinellas County Standard Technical Specifications for Roadway and General Construction

(latest edition) (“Standard Specifications”) setting forth conditions that are additional to the

Standard Specifications and are applicable to a specific type of 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.

• 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 in Section E.

• 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 render complete, satisfactory and acceptable the Project (or phase of a Project).

• 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 Workday or Business Day: Any calendar day from 7:00 AM to 7:00 PM except a

Saturday, Sunday or recognized holiday.

• 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. 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.

• 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.

• 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, so the county can occupy or utilize the Work (or designated portions thereof) for the use for which it was intended.

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

• Survey and Layout Plan: See Section B.

• Technical Special Provisions: Specifications prepared, signed and sealed by the Consultant.

These would be listed in the document hierarchy (shown in Section E) ahead of any other

“Standard Specifications”, if applicable.

• 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.

• 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, 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. GENERAL CONDITIONS

4.1. PREPARATION OF SUBMITTAL

Submittal will be prepared in accordance with the following:

A. Submittals shall be uploaded on forms furnished, utilizing OpenGov procurement website.

Failure to comply could result in the submission being rejected.

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

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

D. Proposed delivery time must be shown and shall include weekends and holidays.

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

Contractor is deemed to have accepted and to be bound by the solicitation and 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.

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

G. Contractors shall 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.

H. 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.

4.2. 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.

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

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

4.3. ALTERNATES

Unless otherwise provided in the solicitation, alternatives may be included in the plans, specifications, and/or solicitation. When the County includes alternates in the solicitation, the contractor shall indicate on the submittal the cost of said alternate and sum to be deducted or added to the base pricing. 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 Pinellas

OpenGov Q & A section to the question deadline and receive approval prior to the solicitation opening date in order to be considered for award.

4.4. VENDOR SUBMISSION

Submittals shall be uploaded utilizing OpenGov procurement website

(https://procurement.opengov.com/portal/pinellasfl ).

A. Failure to comply could result in the submittal being rejected.

B. Submittals must be on the forms furnished. Submittals sent via email will not be considered.

4.5. REJECTION OF SUBMISSION

A. The County may reject a submittal if:

1. The contractor incorrectly states or conceals any material fact in the solicitation.

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

3. 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.

B. 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, shall have 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.

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

4.6. WITHDRAWAL OF SUBMITTAL

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

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

4.7. LATE SUBMISSION OR MODIFICATIONS

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

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

4.8. PUBLIC REVIEW AT OPENING

Pursuant to Florida Statute, Section 119.071(1)(b)2, all submittals shall 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 shall be dispositively determined by a court of law prior to trade secret protection being granted.

4.9. TABULATION INQUIRIES

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.

4.10. AWARD OF CONTRACT

A. The contract will be awarded to the lowest responsive, responsible bidder whose bid, conforming to the Invitation to Bid, 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 bidder qualifies his bid by specified limitations. See Rejection of Bids.

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 shall be awarded by drawing lots in public.

D. Prices quoted must be 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 bidder, shall result in a binding contract without further action by either party.

4.11. SUBMITTALS FROM RELATED PARTIES OR MULTIPLE SUBMITTALS RECEIVED

FROM ONE VENDOR

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 shall 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.

4.12. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS

The laws of the State of Florida apply to any purchase made under this solicitation. contractors shall comply with all local, state, and federal directives, orders and laws as applicable to this solicitation and subsequent agreement(s) including but not limited to Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Equal Employment Opportunity (EEO), Minority Business Enterprise

(MBE), and OSHA as applicable to this agreement.

4.13. PROVISION FOR OTHER AGENCIES

Unless otherwise stipulated by the contractor(s), the contractor(s) agree to make available to all

Government agencies, departments, and municipalities the prices submitted in accordance with said terms and conditions therein, should any said governmental entity desire to buy under this solicitation.

Eligible users shall mean all State of Florida Agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the agreement.

4.14. PUBLIC RECORDS/TRADE SECRETS

Pinellas County Government is subject to the Florida Public Records law (Chapter 119, Florida Statutes), and all documents, materials, and data submitted to any solicitation as part of the response are governed by the disclosure, exemption and confidentiality provisions relating to public records in Florida

Statutes. Except for materials that are “trade secrets” or “confidential” as defined by applicable Florida law, ownership of all documents, materials, and data submitted in response to the solicitation shall belong exclusively to the County.

To the extent that contractor desires to maintain the confidentiality of materials that constitute trade secrets pursuant to Florida law, trade secret material submitted must be identified by some distinct method that the materials that constitute a trade secret, and contractor shall provide an additional copy of the contractors submittal that redacts all designated trade secrets. By submitting materials that are designated as trade secrets and signature of the contractor signature page, contractor acknowledges and agrees:

A. That after notice from the County that a public records request has been made for the materials designated as a trade secret, the contractor shall be solely responsible for defending its determination that submitted material is a trade secret that is not subject to disclosure at its sole cost, which action shall be taken immediately, but no later than ten (10) calendar days from the date of notification or contractor will be deemed to have waived the trade secret designation of the materials;

B. That to the extent that the contractor with trade secret materials is evaluated, the County and it officials, employees, agents, and representatives in any way involved in processing, evaluating, negotiating agreement terms, approving any agreement based on the contractor, or engaging in any other activity relating to the competitive selection process are hereby granted full rights to access, view, consider, and discuss the materials designated as trade secrets through the final agreement award;

C. To indemnify and hold the County, and its officials, employees, agents and representatives harmless from any actions, damages (including attorney’s fees and costs), or claims arising from or related to the designation of trade secrets by the contractor, including actions or claims arising from the County’s non-disclosure of the trade secret materials.

D. That information and data it manages as part of the services may be public record in accordance with Chapter 119, Florida Statutes and Pinellas County public record policies. contractor agrees prior to providing goods/services it will implement policies and procedures to maintain, produce, secure and retain public records in accordance with applicable laws, regulations, and

County policies, which are subject to approval by the County, including but limited to the

Section 119.0701, Florida Statutes.

Notwithstanding any other provision in the solicitation, the classification as trade secret of the entire submission document, line item and/or total contractor prices, the work, services, project, goods, and/or products to be provided by contractor, or any information, data, or materials that may be part of or incorporated into an agreement between the County and the contractor is not acceptable to the

County and will result in a determination that the contractor submittal is nonresponsive; the classification as trade secret of any other portion of a submittal document may result in a determination that the submittal is nonresponsive.

4.15. COLLUSION

The contractor, by affixing his signature to this proposal, agrees to the following: "Contractor 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."

4.16. CONTRACTOR LICENSE REQUIREMENT

All contractor 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.

4.17. MATERIAL SAFETY DATA SHEETS REQUIREMENTS

If any chemicals, materials, or products containing toxic substances, in accordance with OSHA Hazardous

Communications Standards, are contained in the products purchased by the County as a result of this solicitation, the successful contractor shall provide a Safety Data Sheet (SDS) at the time of each delivery.

4.18. RIGHT TO AUDIT

Pinellas County reserves the privilege of auditing a contractor's records as such records relate to purchases between Pinellas County and said contractor. Such audit privilege is provided for within the text of the Pinellas County Code §2-187. Records should be maintained for five (5) years from the date of final payment.

4.19. STATEMENT RELATIVE TO "PUBLIC ENTITY CRIMES"

Contractor is directed to the Florida Public Entity Crime Act, Fla. Stat. 287.133, and Fla. Stat. 287.135 regarding Scrutinized Companies, and contractor agrees that its submittal and, if awarded, its performance of the agreement will comply with all applicable laws including those referenced herein.

contractor represents and certifies that contractor is and will at all times remain eligible to submit for and perform the services subject to the requirements of these, and other applicable, laws. contractor agrees that any agreement awarded to contractor will be subject to termination by the County if contractor fails to comply or to maintain such compliance.

4.20. COUNTY INDEMNIFICATION

A. Unless otherwise provided in the special provisions, special conditions and Specifications, to assume liability for all damage to Work under construction or completed, whether from fire, water, winds, vandalism, or other causes, until final completion and acceptance by the County and notwithstanding the fact that partial payments may have been made during construction.

B. No subcontract or transfer of Agreement shall in any case release either the Contractor or its surety of any liability under the Agreement and bonds. The County reserves the right to reject any subcontractors or equipment.

C. Unless specifically prohibited by Florida law, the Contractor shall defend, indemnify and hold harmless the County and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, or by, or on account of, any claim or amounts recovered under the "Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, including but not limited to any violation of requirements of the

Americans with Disabilities Act of 1990, as may be amended, and all rules and regulations issued pursuant thereto (collectively the “ADA”) whether resulting from any claimed breach of this

Agreement by the Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, the County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to the Contractor. The Contractor's obligation to indemnify and defend under this

Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. The

Contractor shall guarantee the payment of all just claims for materials, supplies, tools, labor or other just claims against it or any subcontractor in connection with this Agreement; and its bonds will not be released by final acceptance and payment by the County unless all such claims are paid or released.

4.21. VARIANCE FROM STANDARD TERMS & CONDITIONS

All standard terms and conditions stated in this section apply to this Agreement except as specifically stated in the subsequent sections of the document, which take precedence over this section, and should be fully understood by contractors prior to submitting on this requirement.

4.22. ADA REQUIREMENT FOR PUBLIC NOTICES

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

4.23. "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.

4.24. INSURANCE

Notice: 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 lowest responsive, responsible submitter may result in the County to vacate the original determination or recommendation and proceed with recommendation to the second lowest, responsive, responsible submitter.

4.25. PROCUREMENT POLICY FOR RECYCLED MATERIALS

A. Pinellas County wishes to encourage its contractors to use recycled products in fulfilling contractual obligations to the County and that such a policy will serve as a model for other public entities and private sector companies.

B. When awarding a purchase or recommending a purchase for products, materials, or services, the Director of Purchasing and Risk Management may allow a preference to a responsive contractor who certifies that their product or material contains the greatest percentage of postconsumer material. If solicitation includes paper products, contractor must certify that their materials and/or products contain at least the content recommended by the EPA guidelines.

C. On all quotes over fifty thousand dollars ($50,000) and informal quotes under fifty thousand dollars ($50,000), or as required by law, the Director of Purchasing and Risk Management shall require vendors to specify which products have recycled materials, what percentage or amount is postconsumer material, and to provide certification of the percentages of recycled materials used in the manufacture of goods and commodities procured by the County.

D. Price preference is not the preferred practice the County wishes to employ in meeting the goals of this resolution. If a price preference is deemed to serve the best interest of the County and further supports the purchase of recycled materials, the Director of Purchasing will make a recommendation that a price preference be allowed up to an amount not to exceed 10% above the lowest complying submittal received.

Definitions for Recycled Materials:

• Recovered Materials: Materials that have recycling potential, can be recycled, and have been diverted or removed from the solid waste stream for sale, use or reuse, by separation, collection, or processing.

• Recycled Materials: Materials that contain recovered materials. This term may include internally generated scrap that is commonly used in industrial or manufacturing processes, waste or scrap purchased from another manufacturer and used in the same or a closely related product.

• Postconsumer Materials: Materials which have been used by a business or a consumer and have served their intended end use, and have been separated or diverted from the solid waste stream for the purpose of recycling, such as; newspaper, aluminum, glass containers, plastic containers, office paper, corrugated boxes, pallets or other items which can be used in the remanufacturing process.

4.26. ASBESTOS MATERIALS

A. The contractor shall perform all Work in compliance with Federal, State and local laws, statutes, rules, regulations and ordinances, including but not limited to the Department of Environmental

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

1926.58. Additionally, the contractor shall be properly licensed and/or certified for asbestos removal as required under Federal, State and local laws, statutes, rules, regulations and ordinances.

B. The County shall be responsible for filing all DEP notifications and furnish a copy of the DEP notification and approval for demolition to the successful contractor. The County will furnish a copy of the asbestos survey to the successful contractor. The contractor must keep this copy on site at all times during the actual demolition.

4.27. PAYMENT/INVOICES

ClerkConstructionAP@MyPinellasClerk.orgayment as provided herein with such documentation as required by Pinellas County and all payments shall be made in accordance with the requirements of

Section 218.70 et. Seq, Florida Statutes, “The Local Government Prompt Payment Act.” Invoices shall be submitted to the address below unless instructed otherwise on the purchase order, or if no purchase order, by the ordering department:

Finance Division Accounts Payable

Pinellas County Board of County Commissioners

P.O. Box 2438

Clearwater, FL 33757

Email: ClerkConstructionAP@MyPinellasClerk.org

Each invoice shall include, at a minimum, the contractor's name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the contractors also include the information shown in below. The County may dispute any payments invoiced by contractor in accordance with the County’s Dispute Resolution Process for Invoiced Payments, established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County’s Dispute Resolution Process.

• Remit To: Billing address to which you are requesting payment be sent

• Invoice Date: Creation date of the invoice

• Contractor Information: Company name, mailing address, phone number, contact name and email address as provided on the purchase order

• Invoice Number: Company tracking number

• Shipping Address: Address where goods and/or services were delivered

• Ordering Department: Name of ordering department, including name and phone number of contact person

• Purchase order Number: Standard purchase order number

• Ship Date: Date the goods/services were sent/provided

• Quantity: Quantity of goods or services billed

• Description: Description of services or goods delivered

• Unit Price: Unit price for the quantity of goods/services delivered

• Line Total Amount due by line item

• Invoice Total: Sum of all line totals for the invoice

Pinellas County offers a credit card payment process (ePayables) through Bank of America. Pinellas

County does not charge contractor to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information please visit Pinellas

County purchasing website at: www.pinellascounty.org/purchase.

4.28. TAXES

A. The County is exempt from all state and federal sales, use, transportation and excise taxes. The

Laws of the State of Florida provide that sales and use taxes are payable by the contractor upon the tangible personal property incorporated in the work and such taxes shall be paid by the contractor and be deemed to have been included in the solicitation.

B. Payments to Pinellas County are subject to applicable Florida taxes.

mailto:ClerkConstructionAP@MyPinellasClerk.org http://www.pinellascounty.org/purchase

4.29. TERMINATION

A. Pinellas County reserves the right to terminate this agreement, without cause by giving thirty

(30) days prior written notice to the Contractor of the intention to terminate or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified.

B. Failure of the Contractor to comply with any of the provisions of this Agreement shall be considered a material breach of Agreement and shall be cause for immediate termination of the

Agreement at the sole discretion of Pinellas County.

C. In addition to all other legal remedies available to the Pinellas County, the Pinellas County reserves the right to terminate and obtain from another source any services which have not been provided within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of request, as determined by the Pinellas

County.

D. In the event that sufficient budgeted funds are not available for a new fiscal period, the Pinellas

County shall notify the Contractor of such occurrence and the Agreement shall terminate on the last day of the then current fiscal year period without penalty or expense to the Pinellas County.

4.30. 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.

4.31. DELIVERY/CLAIMS

Prices quoted shall be FOB Destination, freight included and unloaded to location(s) within Pinellas

County. Actual delivery address(s) shall be identified at time of order. Successful contractor(s) will be responsible for making any and all claims against carriers for missing or damaged items.

4.32. MATERIAL QUALITY

All materials purchased and delivered against this Agreement will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours of notice to the contractor at no charge to the County.

4.33. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS

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 shall 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.

4.34. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR

MERGERS

The contractor shall perform this agreement. If a contractor intends to subcontract a portion of this work, the contractor must disclose that intent in the solicitation. No assignment or subcontracting shall be allowed without prior written consent of the County. In the event of a corporate acquisition and/or merger, the contractor shall provide written notice to the County within thirty (30) business days of contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this agreement, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the County awarding an agreement to a contractor, which has disclosed its intent to assign or subcontract in its response to the solicitation, without exception shall constitute approval for purposes of this agreement. The contractor must inform the County in writing within forty-five (45) business days if the contractor’s business entity’s name changes. The contractor will bear all responsibility and waive any rights it may have to relief for any delay in processing a payment associated with the County’s inability to issue payment to the contractor for a business entity name change that the County was not made aware of as reflected herein.

4.35. EXCEPTIONS

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

Failure to do so may lead County to declare any such term non-negotiable. contractor's desire to take exception to a non-negotiable term will not disqualify it from consideration for award.

4.36. NON-EXCLUSIVE CONTRACT

Award of this agreement shall impose no obligation on the County to utilize the contractor for all work of this type, which may develop during the agreement period. This is not an exclusive agreement. The

County specifically reserves the right to concurrently agreement with other companies for similar work if it deems such action to be in the County's best interest. In the case of multiple-term agreements, this provision shall apply separately to each term.

4.37. LOBBYING

"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 bidder/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 bidder/proposer, any member of the bidder's/proposer's staff, any agent or representative of the bidder/proposer, or any person employed by any legal entity affiliated with or representing a bidder/proposer/protestor, is strictly prohibited from the date of the advertisement, or on a date otherwise established by the board, until either an award is final, or the competitive selection process is otherwise concluded. Any lobbying activities in violation of this section by or on behalf of a bidder/proposer shall result in the disqualification or rejection of the proposal, quotation, statement of qualification, bid or contract.

For purposes of this provision, "lobbying" shall mean influencing or attempting to influence action or non-action, and/or attempting to obtain the goodwill of persons specified herein relating to the selection, ranking, or contract award in connection with any request for proposal, request for quotation, request for qualification, bid or purchasing contract through direct or indirect oral or written communication. The final award of a purchasing contract shall be the effective date of the purchasing contract.

Any evaluation committee member, county government employee, elected/appointed official, or advisory board member who has been lobbied shall immediately report the lobbying activity to the director."

(Ord. No. 02-35, 5-7-02; Ord. No. 04-64, § 12, 9-21-04; Ord. No. 04-87, § 1, 12-7-04; Ord. No. 10-09, § 6, 2-16-10; Ord. No. 11-23, § 2, 7-26-11; Ord. No. 14-11, § 5, 2-11-14; Ord. No. 18-34, 10-23-18).

4.38. 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 shall provide such additional requirements as may become necessary.

4.39. ADD/DELETE LOCATIONS SERVICES

The County reserves the right to unilaterally add or delete locations/services, either collectively or individually, at the County’s sole option, at any time after award has been made as may be deemed necessary or in the best interests of the County. In such case, the contractor(s) will be required to provide services to this agreement in accordance with the terms, conditions, and specifications.

4.40. INTEGRITY OF SOLICITATION DOCUMENTS

Contractors shall 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.

4.41. PUBLIC EMERGENCIES

It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God that Pinellas County shall require a first priority for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the County. contractor agrees to rent/sell/lease all goods and services to the County or governmental entities on a first priority basis. The

County expects to pay a fair and reasonable price for all products and services rendered or contracted in the event of a disaster, emergency, hurricane, tornado or other acts of God.

4.42. JOINT VENTURES

All 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…