For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofpsl

City of Port St. Lucie

20260215

PREVENTIVE MAINTENANCE OF BRIDGES & WATER CONTROL

STRUCTURES

RELEASE DATE: June 16, 2026

RESPONSE DEADLINE: July 16, 2026, 3:00 pm

Please refer to the project timeline in this document for all important deadlines.

Invitation For Bid (IFB) #20260215 Title: Preventive Maintenance of Bridges & Water Control Structures

Table Of Contents

1. Introduction

2. Scope of Work

3. Instructions to Contractors

4. General Insurance

5. Bonds and/or Letter of Credit, Permits

6. IFB Bid Factors

7. Cost Table

8. Cost/Pricing

9. Evaluation and Award

10. Contract Terms and Conditions

11. List of IFB Documents

12. Vendor Submission Requirements and Attestations

Attachments:

A - Sample Contract

B - Bridge Maintenance Checklist

C - Structure Maps

D - Water Control Structure Location Street Names

E - Water Control Structure-Check List

1. Introduction

1.1. Purpose of Procurement

Pursuant to the City of Port St. Lucie Code of Ordinances, Section 35.07, this electronic Invitation for Bid

(“IFB”) is being issued to establish a Contract with one or more qualified Contractors who will provide Preventive Maintenance of Bridges & Water Control Structures to the City of Port St. Lucie (hereinafter, “City”) as further described in this IFB.

A descriptive overview of the City can be found at https://www.cityofpsl.com/discover-us/about-psl .

Please visit the City’s website to familiarize yourself with how our city is structured and operates.

Please contact the Issuing Officer with any questions.

1.2. Overview of the IFB Process

The objective of the IFB is to select one (1) qualified Contractor (as defined by Section 1 – “Purpose of Procurement”) to provide the goods and/or services outlined in this IFB to the City. This IFB process will be conducted to gather and evaluate responses from Contractors for potential award. All qualified Contractors are invited to participate by submitting responses, as further defined below. After evaluating all Contractor’s responses received prior to the closing date of this IFB and resolution of any Contract exceptions, the preliminary results of the IFB process will be publicly announced, including the names of all participating Contractors and the evaluation results. Subject to the protest process, final Contract award(s) will be publicly announced thereafter.

NOTE TO CONTRACTORS: The general instructions and provisions of this document have been drafted with the expectation that the City may desire to make one award or multiple awards. For example, this document contains phrases such as “contract(s)” and “award(s)”. Please refer to Section 1 – “Purpose of Procurement” and Section 9 – “Evaluation and Award,” for information concerning the number of Contract awards expected.

1.3. Schedule of Events

The Schedule of Events set out herein represents the City’s best estimate of the schedule that will be followed. However, delays to the procurement process may occur, which may necessitate adjustments to the proposed schedule. If a component of this schedule, such as the close date, is delayed, the rest of the schedule may be shifted as appropriate. Any changes to the dates up to the closing date of the IFB will be publicly posted prior to the closing date of this IFB. After the close of the IFB, the City reserves the right to adjust the remainder of the proposed dates, including the dates for evaluation, negotiations, award, and the Contract term, on an as-needed basis, with or without notice.

Release of IFB: June 16, 2026 https://library.municode.com/fl/port_st._lucie/codes/code_of_ordinances?nodeId=TITIIIAD_CH35FIPU_S35.07FOBIPR https://www.cityofpsl.com/discover-us/about-psl

Question Submission Deadline: June 23, 2026, 5:00pm

Question Response Deadline: June 30, 2026, 5:00pm

Response Submission Deadline: July 16, 2026, 3:00pm

The City reserves the right to proceed to award without further discussions after receipt of the initial proposals, in which case, evaluation committee reviews, negotiations, and proposal revisions may not be required.

1.4. Official Issuing Officer (Procuring Agent)

India Barr, Procurement Contracting Officer, II

O. 772-344-4055 ibarr@cityofpsl.com

1.5. Definition of Terms

Please review the following terms:

- Contractor(s) – companies desiring to do business with the City (Also called “Bidder,” “Proposer,” or “Offeror.”)

- City of Port St. Lucie (“City”) – the governmental entity identified in “Purpose of Procurement,” of this

IFB.

- Immaterial Deviation – does not give the Contractor a substantial advantage over other Contractors.

- Material Deviation – gives the Contractor a substantial advantage over other Contractors and thereby restricts or prevents competition.

- Procurement Management Division (“PMD”) – the City department that is responsible for the review and possible sourcing of all publicly sourced solicitations.

- Responsible – means the Contractor, whether a company or an individual, has the financial and technical capacity to perform the requirements of the solicitation and subsequent contract which will assure good faith performance of the Contract.

- Responsive – means the Contractor, whether a company or an individual, has submitted a bid which conforms in all material respects to the requirements set forth in the solicitation.

- Sourcing Platform/Electronic Bidding System - OpenGov.

Any special terms or words which are not identified in this IFB may be identified separately in one or more attachments to the IFB.

1.6. Contract Term

The Initial term of the contract is for three (3) years from the execution date . The City shall have two (2), one (1) year options to renew, which shall be exercisable at the sole discretion of the City and will be accomplished through the issuance of Contract Amendment.

In the event that the Contract(s), if any, resulting from the award of this IFB shall terminate or be likely to terminate prior to the making of an award for a new Contract for the identified products and/or services, the City may, with the written consent of the awarded Contractor(s), extend the Contract(s) for such period of time as may be necessary to permit the City’s continued supply of the identified products and/or services. The Contract(s) may be amended in writing from time to time by mutual consent of the parties. Unless this IFB states otherwise, the resulting award of the Contract(s) does not guarantee volume or a commitment of funds.

1.6.1 Hours of Service

The standard hours of work allowed in the City’s rights-of-way are from 7:00 a.m. to sundown Monday through Friday. Any work performed by the Contractor outside of the aforementioned time limit requires special authorization by the City and requires that the Contractor obtain a noise permit from the Port St. Lucie Police Department (PSLPD). All equipment operated at night shall comply with the noise levels established by the City of Port St. Lucie noise ordinance. Any additional costs associated with work outside of the hours of work allowed shall be borne by the Contractor. This shall include, but is not limited to, costs of inspection, testing, police assistance, and construction administration.

All night, Saturday, Sunday, and/or Holiday work must be authorized by the City and requires that the Contractor obtain a noise permit from the PSLPD. All night work within the City’s rights-of-way requires a minimum forty-eight (48) hour prior notice to the City. This clause shall not pertain to crews organized to perform maintenance work on equipment or to operate and maintain special equipment such as dewatering pumps, which may be required to work twenty-four (24) hours per day.

2. Scope of Work

2.1. Scope of Work

The intent of the City is to enter into a per unit fixed price basis contract with one (1) qualified Contractor to perform necessary preventive maintenance of all Bridges and Water Control Structures throughout the City of Port St. Lucie. Maintenance shall generally mean lubrication of structure gates, mowing, and litter removal. It does not include structural repairs to address spalling, cracking, or delamination. The Contractor shall supply all labor, supervision, equipment, machinery, tools, materials, transportation, and other incidentals necessary to comply with the specifications set forth herein. This includes, but not limited to, maintaining approximately twenty-five (25) bridges and one hundred fifty-nine (159) Water Control Structures up to six (6) times per year. Future locations may be added or deleted during the Contract period at the fixed price per location. The City’s schedule for maintenance of the bridges and water control structures reflects the direction the City has taken to standardize the level of service required throughout the City. The number of annual maintenance rotations will be at the discretion of the City’s Project Manager.

The City reserves the right to modify the level of service due to environmental conditions and/or the demands from the public.

Mowing maintenance may vary. The City’s Project Manager shall exercise discretion as to the amount and number of services for all properties.

2.1.1. Special Requirements

1. Safety Precautions - The Bidder shall erect and maintain all necessary safeguards for the protection of the Bidder's employees and subcontractors, City personnel, and the general public; including, but not limited to, posting danger signs, coned off vehicles, arrow boards and other warnings against hazards as is prudent and/or required by law to protect the public interest. The selected Bidder's employees shall wear company uniforms, safety vests, safety boots and safety glasses. All damage, injury or loss to persons and/or property caused, directly or indirectly, in whole or in part, by the selected Bidder's employees, or subcontractor(s), or anyone directly or indirectly employed by said parties shall be remedied by the selected Bidder.

2. Inspections - The City inspections shall be made, before, during and after jobs are completed.

The City expects the Selected Bidder to use the proper number of crew members to accomplish the work. Any deviation from or failures to comply with terms of this Contract shall be adjusted promptly upon notification. Lack of prompt correction shall be cause for cancellation of the Contract.

3. Discrepancies - If, in the course of performing work resulting from an award under this specification, the selected Bidder finds any discrepancy between the area defined in these specifications and the actual area where work is being performed, the selected Bidder shall discontinue work on the subject area and inform the City of the discrepancy. The selected Bidder shall thereafter proceed as authorized by the City who will document any modification to these specifications that City has authorized in writing as soon as possible.

a. Suspension of Work - The City may at any time suspend work on the entire job or any part thereof for such periods as deemed necessary and for whatever cause by giving three (3) calendar days written notice. The selected Bidder shall resume the work within three (3) calendar days after a written notice from the City to resume work.

Neither additional compensation nor a time extension will be paid or granted to the selected Bidder when the operations are suspended for the following reasons:

i. The selected Bidder fails to comply with the Contract Documents.

ii. The selected Bidder fails to carry out orders given by the City.

iii. The selected Bidder causes conditions considered unfavorable for continuing the work.

Suspension of operations on City observed Holidays - Unless the selected Bidder submits in writing ten (10) calendar days on advance of the request and receives written notice by the City, the selected Bidder shall not work on the following days:

Martin Luther King, Jr. Day; Memorial Day; the Saturday and Sunday immediately preceding Memorial Day; Independence Day; Labor Day, the Friday, Saturday, and Sunday immediately preceding Labor Day; Veterans Day; Thanksgiving Day; the Friday, Saturday and Sunday immediately following Thanksgiving Day; and December 24 through January 2, inclusive. Contract Time will be charged during these holiday periods regardless of whether or not the Contractor’s operations have been suspended. The Contractor is not entitled to any additional compensation for suspension of operations during such holiday periods.

During such suspensions, remove all equipment and materials from the clear zone, except those required for the safety of the traveling public. The selected Bidder will not be entitled to any additional compensation for the removal of equipment from clear zones during such holiday periods.

b. Job Site Emergencies - In the event of emergencies affecting the safety of persons, the work, or property, at the site or adjacent thereto, the selected Bidder or his/her designee, without special instruction or authorization from the City, is obligated to act, at his/her discretion, to prevent threatened damage, injury or loss. In the event such actions are taken, the selected Bidder shall promptly give to the City written notice and contact immediately by phone, of any significant changes in work or deviations from the Contract documents caused thereby, and if such action is deemed appropriate by the City a written authorization signed by the City covering the approved changes and deviations will be issued. Appropriate compensation adjustments will be approved, provided the cause of the emergency was beyond the control of the selected Bidder.

c. Equipment List - Only equipment designed for performance of work described herein will be acceptable for operation. The equipment used must be in good operating condition at all times. Include a list of equipment proposed for use (owned and/or leased), with the bid. This list must include make, model, type, model year and general condition of equipment proposed for use. The City may inspect the equipment prior to awarding the bid, and at anytime during the course of the Contract. Safety devices shall be properly installed and maintained at all times the equipment is in use. All equipment used must have company identification signs including, including but not limited to, trucks, mowers, etc.

d. Sanitary Conditions - The selected Bidder shall be responsible to provide and maintain in a neat and sanitary condition such accommodations for the use of employees as may be necessary to comply with the regulations of the County Board of Health or other bodies having jurisdiction. Selected Bidder shall commit no public nuisance.

e. Foreman or Superintendent and Workmen - The selected Bidder shall at all times during progress of the work have on site a competent foreman or superintendent with authority to act for him/her and to cooperate with the City's Project Manager and/or his/her designee. The selected Bidder shall provide competent, careful and reliable workmen capable of performing work assigned to them. Laborers, at times, may be on private property. The Project Manager is to be notified immediately if a private property owner has any complaints. The City will deal directly with citizen complaints.

f. Contractual Relations - The selected Bidder are advised that nothing contained in the Contract or specifications shall create any contractual relations between the City and subcontractors of the selected Bidder.

g. Labor and Equipment - The selected Bidder shall utilize experienced help who are thoroughly capable of performing the work assigned to them. The selected Bidder shall utilize proper equipment in good repair to perform assigned work. Failure on the part of the selected Bidder to furnish such labor or equipment shall be sufficient cause for annulment of any award resulting from these specifications.

h. Limitation of Operations

i. No equipment, regardless of width, shall be left on the roadway right-of-way overnight or parked in the median without written approval from the City.

ii. The selected Bidder shall preserve from damage all property associated with, or located in the vicinity of, or is in any way affected by the work. This applies to public and private property and/or utilities.

iii. Any damages occurring to such properties shall be immediately repaired at the expense of the selected Bidder to a condition equal to or better than that existing before such damage occurred. The City's Project Manager must be notified by the end of the shift on the day the damage occurred. All repairs shall be made within twenty-four (24) hours.

iv. The selected Bidder shall provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach the job site.

2.1.2 Specific Requirements

1. Premises/Site Exploration - Location of project site is at various locations throughout the City of Port St. Lucie, Florida.

2. Written Notices - All written notices required by these specifications will be deemed to have been duly delivered; to the City when they have been given to the Project Manager, or his/her designee, or, to the selected Bidder when they have been given to an officer of the selected Bidders firm, or to an on-site Supervisor of the selected Bidder, or to the selected Bidder's Subcontractor's Supervisor.

3. City Property - Bidder shall be responsible to ensure that all equipment and supplies of the selected Bidder and their Subcontractor(s) shall not be stored on City property without prior written approval of the Project Manager. The selected Bidder shall also be responsible to ensure that all equipment and supplies of the selected Bidder and their Subcontractor(s) shall not be stored on private property.

4. Adverse Weather - Any adverse weather conditions, obstructions, or other conditions which delay the selected Bidder in the performance of a contract resulting from these specifications, to such extent that completion of required activities cannot be accomplished within the specified time, shall be punctually reported by the selected Bidder to the Project Manager in writing. Failure by the selected Bidder to render punctual written notice of said problems constitutes default, as time is of the essence.

5. Inspections - The Project Manager, or his designee, shall have the authority to require that work be stopped to allow inspections as he deems appropriate.

6. Omissions - The selected Bidder shall be responsible to the City for all acts and omissions of;

their employees, subcontractor(s), and, manufacturers whose products are utilized in the performance of the work.

7. Interpretation of the Approximate Quantities - The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the proposed form, or elsewhere, is approximate only and not guaranteed. The City does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the selected Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto.

8. Specific Duties to be Performed: Maintenance of all Bridges and Water Control Structures

a. Work to be performed by the selected Bidder under this section includes: furnishing all labor, materials, equipment, and supervision required to perform the maintenance of the areas specified by City’s Project Manager.

b. The selected Bidder will make every reasonable effort to leave the area in an aesthetically pleasing condition.

c. On water control structures and bridges, the selected Bidder will be responsible to inspect and remove all trash prior to the commencement of mowing and maintenance. The selected Bidder shall be required to weed eat around all signs, headwalls, culverts, grates, fire hydrants, delineators, utility poles, canal fronts, etc. that are located in maintenance areas. The Project Manager shall provide an itemized check list to the selected Bidder for the Bridges and Water Control Structures by location. This check list will need to be signed and dated for each occurrence. The Project Manager will require the selected Bidder to remove all trash within the bridges and water control structure sites. Nothing larger than a tire will be removed. The City will address this issue on a case-by-case basis.

d. The City will provide inspection sheets for the Bridges and Water Control Structures. All Water Control Structures are to be exercised 100% during each service. City Staff is to be notified when a structure is to be operated so that the City can be on site to ensure that they have been properly exercised. If the structure is inoperable, please identify on the inspection report and contact the Project Manager or his/her designee. Additionally, the contractor is responsible for sustaining access to the property by potentially maintaining trails. All trees and vegetation are to be cut back off the structures to ensure proper suitability to operate when necessary.

e. The use of herbicide may not be used.

f. The estimated number of annual maintenance to be performed by the selected Bidder in each area is specified on Bid Reply Sheet.

g. The selected Bidder shall perform work in accordance with the Monthly Schedule issued by the Project Manager, or his/her designee.

h. It is the selected Bidder's responsibility to maintain a uniform height of cut consistent with the terrain. Cutting blades shall be sharpened as needed, to maintain a good cutting characteristic. Blades shall be set to cut grass to be three (3) inches in height after being cut. All mowing is to be tied into private property. The selected Bidder shall agree at any time deemed necessary by the Project Manager to allow the Project Manager, or his/her designee, the right to inspect the mowing blades of any machine being used.

i. When work is in progress, selected Bidder shall make a reasonable effort to ensure that cuttings will not be discharged into the street or onto private property. The selected Bidder shall also make every reasonable effort to ensure that cuttings will be discharged onto the uncut area. Any debris as a result of the mowing operation discharged in these locations may be required to be moved by the selected Bidder at the discretion of the Project Manager before work continues.

j. Any damage occurring during mowing operations is to be immediately reported before the end of the daily shift by the selected Bidder to the Project Manager. The Project Manager will determine what corrective action is required and inform the selected Bidder. The selected Bidder will punctually perform the required corrective action at the selected Bidder's expense no later than twenty-four (24) hours from the time it is reported.

k. The selected Bidder shall deliver daily VIA email, facsimile, or in person, a detailed work schedule to identify the specific work in progress, the name and number of personnel, street locations or sections being performed to the Project Manager or his/her designee.

9. Inspections - During the contract period the Project Manager, or his designee, shall continually inspect the work that has been performed and notify the Contractor of any deficiencies that require correction. The Contractor shall be responsible to remedy all deficiencies within twenty-four (24) hours after being notified in order to be eligible for that month's service payment.

10. Equipment Storage - The Contractor shall be responsible for to ensure that all equipment and supplies shall not be stored on City property without written permission from the Project Manager.

3. Instructions to Contractors

This section contains general business requirements. By submitting a response, the Contractor is certifying its agreement to comply with all the identified requirements of this section and that all costs for complying with these general business requirements are included in the Contractor’s submitted pricing.

By submitting a response to the IFB, the Contractor is acknowledging that the Contractor:

1. Has read the information and instructions, and

2. Agrees to comply with the information and instructions contained herein.

3.1. General Information and Instructions

3.1.1 Familiarity with Laws and Regulations

It is the responsibility of responding Contractors to be familiar with all Federal, State, and local laws, ordinances, rules, and regulations, that may affect the work. Ignorance on the part of the Awarded Contractor will in no way relieve it from Contract responsibility.

3.1.2 Restrictions on Communicating with Staff/ Cone of Silence

From the issue date of this IFB until the time of City Council's approval of the award or the City Manager's approval when proposal amount is below the required formal solicitation threshold (or the IFB is officially canceled), Contractors are not allowed to communicate for any reason with any City staff or elected officials except through the Issuing Officer named herein, during the Bidders'/Offerors’ conference (if any), as defined in this IFB, or as provided by existing work agreement(s). This is commonly known as a Cone of Silence during the procurement process as identified in the City Code of Ordinances, Section 35.13. Prohibited communication includes all contact or interaction, including but not limited to, telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. The City reserves the right to reject the response of any Contractor violating this provision. Further information on this topic can be found on the Cone of Silence and IFB Communication Document.

3.1.3 Submitting Questions

All questions concerning this IFB must be submitted in writing on the OpenGov Platform during the Question and Answer open period. Please select the Question and Answer tab in the IFB project and click the "Ask Question" option. Once the question has been entered, select the "Submit Question" button. Enter a subject in the Subject field and then type the question in the Question field below.

Once finished, select "Submit." No questions other than written will be accepted. No response other than written will be binding upon the City. All Contractors must submit questions by the deadline identified in the Schedule of Events for submitting questions. Contractors are cautioned that the https://library.municode.com/fl/port_st._lucie/codes/code_of_ordinances?nodeId=TITIIIAD_CH35FIPU_S35.13COSI

City may or may not elect to entertain late questions or questions submitted by any other method than as directed by this section.

3.1.4 Attending Bidders'/Offerors' Conference

The Bidders'/Offerors’ Conference or any other information session (if indicated in the Schedule of Events) will be held at the locations referred to in “Schedule of Events,” of this IFB. Unless indicated otherwise, attendance is not mandatory, although Contractors are strongly encouraged to attend.

However, in the event the conference has been identified as mandatory, then a representative of the Contractor must attend the conference in its entirety to be considered eligible for Contract award.

The Contractor is strongly encouraged to allow ample travel time to ensure arrival in the conference meeting room prior to the beginning of any mandatory conference. The City reserves the right to consider any representative arriving late to be “not in attendance.” Therefore, all Contractors are strongly encouraged to arrive early to allow for unexpected travel contingencies.

3.1.5 The City's Right to Request Additional Information- Contractor's Responsibility

Prior to Contract award, the City must be assured that the selected Contractor has all the resources to successfully perform under the Contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the on-going needs of the City, financial resources sufficient to complete performance under the Contract, and experience in similar endeavors. If, during the evaluation process, the City is unable to assure itself of the Contractor’s ability to perform, if awarded, the City has the option of requesting from the Contractor any information deemed necessary to determine the Contractor’s responsibility. If such information is required, the Contractor will be notified and will be permitted approximately ten (10) business days to submit the information requested.

3.1.6 Failing to Comply with Submission Instructions

Responses received after the identified due date and time or submitted by any other means than those expressly permitted by the IFB will not be considered. Contractor's response must be complete in all respects, as required in each section of this IFB.

3.1.7 Rejection of Proposals; The City's Right to Waive Immaterial Deviation

The City reserves the right to reject any or all responses, to waive any irregularity or informality in a Contractor’s response, and to accept or reject any item or combination of items, when to do so would be to the advantage of the City. The City reserves the right to waive mandatory requirements, provided that, all the otherwise Responsive proposals failed to meet the mandatory requirements and/or doing so does not otherwise materially affect the procurement of requested commodities and/or services. It is also within the right of the City to reject responses that do not contain all elements and information requested in this IFB. A Contractor’s response will be rejected if the response contains any defect or irregularity and such defect or irregularity constitutes a Material

Deviation from the IFB requirements, which determination will be made by the City in its sole discretion and on a case-by-case basis.

NOTE: The City reserves the right to reject the Bid of any Contractor who has previously failed in the performance of an award, to deliver contracts of a similar nature on time, or who is not in a position to perform properly under this award. This includes the firm, employees, and financial or legal interests. The City will not enter into a contract or conduct business with any firm or any personnel that is listed on the Federal, State, or other local government agencies' Excluded Parties List, Suspended List, or Debarment List. Please see section 287.133, Florida Statutes, for further information regarding business transactions with companies that have been convicted of public entity crimes.

3.1.8 The City's Right to Amend and/or Cancel the IFB

The City reserves the right to amend this IFB. All revisions must be made in writing prior to the IFB closing date and time. If a responding entity discovers any ambiguity, conflict, discrepancy, omission, or other error in the IFB, it shall immediately notify the City of such error in writing and request modification or clarification of the document. Any modification made to this IFB will be issued as an addendum. If a responding entity fails to notify the City prior to the date and time fixed for submission of an error or ambiguity in the IFB known to it, or an error or ambiguity that reasonably should have been known to it, it shall not be entitled to additional time by reason of the error/ambiguity or its late resolution. By submitting a response, the Contractor shall be deemed to have accepted all terms and agreed to all requirements of the IFB (including any revisions/additions made in writing prior to the close of the IFB, whether or not such revision occurred prior to the time the Contractor submitted its response), unless expressly stated otherwise in the Contractor’s response. THEREFORE, EACH CONTRACTOR IS INDIVIDUALLY RESPONSIBLE FOR REVIEWING THE

REVISED IFB AND MAKING ANY NECESSARY OR APPROPRIATE CHANGES AND/OR ADDITIONS TO

THE CONTRACTOR’S RESPONSE PRIOR TO THE CLOSE OF THE IFB. All Notice(s) to Proceed with Negotiations and/or Notice of Intent to Award (NOIAs) will be posted as referenced in Section 9.8 - “Public Award Announcement,” of this document. Finally, the City reserves the right to amend or cancel this IFB at any time.

3.1.9 Assigning of the Contract & Use of Subcontractors

Except as may be expressly agreed to in writing by the City, Contractor shall not assign, sell, transfer, or otherwise dispose of the awarded Contract or any portion thereof, or of the work provided for therein, or of its right, title, or interest therein, to any person, firm, or corporation without the prior written consent of the City.

Each Contractor shall list all subcontractors and the work provided by the suppliers in the area provided on the Bid Reply Sheet. The successful Contractor(s) shall provide a listing of all subcontractors, suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment), other than those identified in the Bid Reply, to the City within ten (10) days after the bid opening. Such a list shall be accompanied by an experience statement for each such subcontractor, supplier, person, or organization, if requested by the City.

The City, if after due investigation, has reasonable objection to any proposed subcontractor, supplier, other person or organization, the City may, before the Notice of Intent Award is given, request apparent successful Contractor to submit an acceptable substitute without an increase in Bid price.

If the apparent successful Contractor(s) declines to make any such substitution, the City may award the Contract to the next acceptable Contractor(s) that proposes to use acceptable subcontractors, suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Contractor(s). Any subcontractor, supplier, other person, or organization listed and to whom the City does not make written objection prior to the giving of the Notice of Intent to Award, shall be deemed acceptable to City, subject to revocation of such acceptance after the effective date of the Contract.

No subcontract which Contractor enters into with respect to performance of obligations or work assigned under the Contract shall in any way relieve Contractor of any responsibility, obligation, or liability under the Contract, and for the acts and omissions of all subcontractors, agents, and employees. All restrictions, obligations, and responsibilities of the Contractor under the Contract shall also apply to the subcontractors. Any contract with a subcontractor must also preserve the rights of the City. The City shall have the right to request the removal of a subcontractor from performing work under the Contract at any time, with or without cause.

3.1.10 Proposal of Additional Services

If a Contractor indicates an offer of services in addition to those required by and described in this IFB, these additional services may be added to the original Contract at the sole discretion of the City.

3.1.11 Protest Process

Contractors should familiarize themselves with the procedures set forth in City Code of Ordinances, Section 35.15. By submitting a response to this IFB, the Contractor certifies that it is on notice of Section 35.15, understands the procedures set forth therein, and acknowledges it is bound by the protest process therein.

3.1.12 Costs for Preparing Responses

Each Contractor’s response should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. The cost for developing the response and participating in the procurement process (including the protest process) is the sole responsibility of the Contractor. The City will not provide reimbursement for such costs.

https://library.municode.com/fl/port_st._lucie/codes/code_of_ordinances?nodeId=TITIIIAD_CH35FIPU_S35.15BIPR

3.1.13 Public Access to Procurement Records

Solicitation opportunities will be publicly advertised as required by City ordinances and state and federal laws. Any material that is submitted in response to this IFB, including anything considered by the Contractor to be confidential or a trade secret, will become a public document pursuant to Chapter 119, Florida Statutes. Any claim of confidentiality is waived upon submission, effective after the City’s opening of the proposals pursuant to section 119.07, Florida Statutes. Therefore, the Contractor is hereby cautioned NOT to submit any documents that the Contractor does not want to be made public. The City is allowed to assess a reasonable charge to defray the cost of reproducing documents. A City employee must be present during the time of onsite inspection of documents. PLEASE NOTE: Even though information (financial or other information) submitted by a Contractor may be marked as "confidential," "proprietary," etc., the City will make its own determination regarding what information may or may not be withheld from disclosure. Contractors should review Chapter 119, Florida Statutes for all updates before requesting exceptions from Chapter 119.

3.2. Submittal Instructions

Submittal Instructions to Electronic Bidding System

Listed below are key action items related to this IFB. The Schedule of Events Section identifies the dates and time for these key action items. This portion of the IFB provides high-level instructions regarding the process for reviewing the IFB, preparing a response to the IFB, and submitting a response to the IFB.

3.2.1 IFB Released

The release of the IFB is through the posting of this project in OpenGov, the City's Electronic Bidding System. Each Contractor interested in competing to win a Contract award must complete and submit a response to this IFB in OpenGov. Therefore, each Contractor MUST carefully review the submittal instructions.

3.2.2 IFB Review

The IFB 20260215 consists of the following: this document, entitled “Preventive Maintenance of Bridges & Water Control Structures,” and any and all information included in the IFB, as posted to OpenGov, including any and all documents provided by the City as attachments to the IFB or links contained within the IFB or its attached documents.

Please carefully review all information, including all documents available as attachments or available through links. Any difficulty accessing or opening provided links or documents should be reported immediately to the Issuing Officer.

3.2.3 Preparing a Response

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html&StatuteYear=2019&Title=%2D%3E2019%2D%25http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119.html%20119

When preparing a response, the Contractor must consider the following instructions:

1. Use the provided Cost Table to prepare your response. Enter your responses directly into the Cost Table. Unless otherwise directed, do not insert “see attached file” (or similar statements) in the worksheet to reference separate documents.

2. Answer each question in sufficient detail for evaluation while using judgment with regards to the length of response.

3. Proofread your response and make sure it is accurate and readily understandable.

4. Label any and all uploaded files using the corresponding section numbers of the IFB as specified by the City.

5. Use caution in creating electronic files to be uploaded. If the City is unable to open an electronic file due to a virus or because the file has become corrupted, the Contractor’s response may be considered incomplete and disqualified from further consideration.

6. Use commonly accepted software programs to create electronic files. The City has the capability of viewing documents submitted in the following formats: Microsoft Office and portable document format file (PDF). Unless the IFB specifically requests the use of another type of software or file format than those listed above, please contact the Issuing Officer, India Barr, prior to utilizing another type of software and/or file format. In the event that the City is unable to open an electronic file because the City does not have ready access to the software utilized by the Contractor, the Contractor’s response will be considered incomplete and disqualified from further consideration.

3.2.4 Reviewing, Revising, or Withdrawing a Submitted Response

After the response has been submitted, the Contractor may view and/or revise its response by logging into OpenGov. Please take note of the following:

A. BID SUBMISSION. All bids shall be submitted by completing and uploading all required documents. All submittals are required to be electronic. No hard copies will be accepted.

o The Cost Worksheet shall be completed through the Cost Table in OpenGov (see Section 7 – Cost Table).

To ensure a complete submission, vendors must follow the requirements outlined in:

o Section 11 – List of IFB Documents, and o Section 12 – Vendor Submission Requirements and Attestations

These sections contain the list of mandatory forms, required uploads, and electronic confirmations, including all City-required documents.

Vendors are responsible for reviewing Sections 11 and 12 in their entirety and ensuring that all required documents, attestations, and forms are properly completed and uploaded in the order specified.

B. REVIEW AND REVISE. Contractors may modify their submittal electronically via the City's Electronic Bidding System at any time prior to the scheduled due date and time for submission. In order to revise, the Contractor must navigate to their submitted response via the City's Electronic Bidding System and then click "Unsubmit Response." At this point, Contractor's response is no longer submitted. Contractor should make the changes required and promptly re-submit its response before the submission date and time.

C. WITHDRAW. Contractors may withdraw their submittal electronically via the Portal at any time prior to the scheduled due date and time for submission. In order to withdraw, the Contractor must navigate to their submitted proposal via the City's Electronic Bidding System and then click "Unsubmit Response". In the event a Contractor desires to withdraw its response after the closing date and time, the Contractor must submit a request in writing to the Issuing Officer.

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4. General Insurance

The Proposer shall, on a primary basis and at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverage and limits, including endorsements, as described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by the Proposer are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Proposer under the Contract.

The parties agree and recognize that it is not the intent of the City of Port St. Lucie that any insurance policy/coverage that it may obtain pursuant to any provision of this Contract will provide insurance coverage to any entity, corporation, business, person, or organization, other than the City of Port St.

Lucie and the City shall not be obligated to provide any insurance coverage other than for the City of Port St. Lucie or extend its immunity pursuant to Section 768.28, Florida Statutes, and as may be amended from time to time, under its self-insured program. Any provision contained herein to the contrary shall be considered void and unenforceable by any party. This provision does not apply to any obligation imposed on any other party to obtain insurance coverage for this project, and/or any obligation to name the City of Port St. Lucie as an additional insured under any other insurance policy or otherwise protect the interests of the City of Port St. Lucie as specified in this Contract.

4.1. Indemnification/Hold Harmless

Proposer agrees to indemnify, defend, and hold harmless, the City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, losses, and expenses including, but not limited to, attorney's fees for personal, economic, or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of Proposer, agents, laborers, subcontractors or other personnel entity acting under Proposer control in connection with the Proposer's performance of services under the Contract. To that extent, Proposer shall pay any and all such claims and losses and shall pay any and all such costs and judgements which may issue from any lawsuits arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorney's fees expended by the City in defense of such claims and losses, including appeals. That the aforesaid hold-harmless agreement by Proposer shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Proposer or any agent laborers, subcontractors, or employee of Proposer regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. Proposer shall be held responsible for any violation of laws, rules, regulations, or ordinances affecting in any way the conduct of all persons engaged in or the materials or methods used by Proposer on the work. This indemnification shall survive the termination of the Contract.

4.2. Workers’ Compensation Insurance & Employer’s Liability

The Proposer shall agree to procure and maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers’ Liability must include limits of at least $100,000.00 each accident, $100,000.00 each disease/ employee, and $500,000.00 each disease/maximum. A Waiver of Subrogation endorsement must be provided. Coverage shall apply on a primary basis. Should scope of work performed by Proposer qualify its employee(s) for benefits under Federal Workers’ Compensation Statute (for example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided.

4.3. Commercial General Liability Insurance

The Proposer shall agree to procure and maintain Commercial General Liability insurance, issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than:

Each occurrence $1,000,000

Personal/advertising injury $1,000,000

Products/completed operations aggregate

$2,000,000

General aggregate $2,000,000

Fire damage $100,000 any 1 fire

Medical expense $10,000 any 1 person

4.4. Additional Insured

An Additional Insured endorsement must be attached to the certificate of insurance (should be CG2026) under the General Liability policy. Coverage is to be written on an occurrence form basis and shall apply as primary and non-contributory. Defense costs are to be in addition to the limit of liability.

A waiver of subrogation is to be provided in favor of the City. Coverage shall extend to independent consultants and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interests provision as provided under the standard ISO form separation of insurers clause.

Except as to Workers' Compensation and Employers' Liability insurance, Certificates of Insurance and policies shall clearly state that coverage required by the Contract has been endorsed to include the City of Port St. Lucie, a municipality of the State of Florida, its officers, agents and employees as Additional Insured for Commercial General Liability and Business Auto Liability policies. The name for the Additional Insured endorsement issued by the insurer shall read: "City of Port St. Lucie, a municipality of the State of Florida, its officers, employees and agents shall be listed as additional insured and shall include Contract #20260215 - Preventive Maintenance of all Bridges and Water Control Structures." Copies of the Additional Insured endorsements shall be attached to the Certificate of Insurance. The policies shall be specifically endorsed to provide thirty (30) days written notice to the City prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. Formal written notice shall be sent to City of Port St. Lucie, 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34984, Attn: Procurement. In the event that the statutory liability of the City is amended during the term of this Contract to exceed the above limits, the Contractor shall be required, upon thirty (30) days written notice by the City, to provide coverage at least equal to the amended statutory limit of liability of the City. Copies of the Additional Insured endorsement shall be attached to the Certificate of Insurance.

4.5. Business Automobile Liability Insurance

The Proposer shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000.00 each accident covering any auto, owned, non-owned and hired automobiles. In the event the Proposer does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the Proposer to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Certificate holder must be listed as additional insured. A waiver of subrogation shall be provided. Coverage shall apply on a primary and non-contributory basis.

4.6. Pollution Insurance

Proposer shall procure and agree to maintain in full force during the term of this Contract, Pollution Liability Insurance in limits not less than $1,000,000 per occurrence and…