Project_Management_Services_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

2024-001

PROJECT MANAGEMENT SERVICES

City of St. Cloud

1300 9th Street

St. Cloud, FL 34769

RELEASE DATE: January 7, 2024

DEADLINE FOR QUESTIONS: January 26, 2024

RESPONSE DEADLINE: February 6, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/stcloud https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of St. Cloud

REQUEST FOR PROPOSAL

Project Management Services

I. INTRODUCTION

II. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

III. PROPOSAL CONTENT / FORMAT

IV. INSTRUCTIONS TO BIDDERS

V. EVALUATION CRITERIA

VI. Federal Requirements

VII. INSURANCE REQUIREMENTS

VIII. General Terms and Conditions

Attachments:

A - Sample Agreement

B - C-2 Acord Certificate of Insurance Sample

Request For Proposal #2024-001 Title: Project Management Services

1. INTRODUCTION

1.1. Summary

A. SCOPE OF SERVICES SUMMARY

The City of St. Cloud is seeking to retain the services of multiple firms with qualifications, experience, and capabilities for Project Management Services on an “as needed” basis for various diverse construction and infrastructure projects for the City, as specified in the Detailed

Scope of Services and Requirements Section of this Request for Proposal (RFP) document. The successful proposers shall prove by their qualifications, experience, and plan for the work, that they will best serve the overall needs of the City. The selection of the successful proposers shall be at the City’s discretion and shall be made in a prompt manner after receipt and evaluation of all responses. If you are interested in preparing a response to this RFP, please complete all the requirements set forth in this RFP document. Under the proposal process, the stipulations set forth herein are fully binding on the proposer to the extent that you confirm acceptance by your electronic signature on the Respondent’s Certification.

B. PRE-RESPONSE CONFERENCE

A pre-response conference is not required for this RFP.

C. CONTRACT FOR SERVICES

After selection of firms by the City, the firms will be required to execute an Agreement with the

City.

D. MINIMUM BIDDER QUALIFICATIONS

In order for a Proposal to be considered by the City, Proposers shall demonstrate, in their proposals, compliance with the following minimum requirements:

o Firm must demonstrate qualifications and experience in providing professional Project

Management services services.

o Firm licensed to do business in the State of Florida.

o Thorough knowledge of the principles and practices of planning, engineering disciplines and management related to construction.

o Ability to understand and manage complex architectural and engineering drawings and specifications related to complex projects.

o Thorough knowledge of all federal, state, and local regulatory requirements applicable to project planning, design, and construction. Ability to interpret pertinent laws and regulations and enforce compliance with project designs and schedules.

o Ability to inspect complex projects for conformance to contract documents.

o Thorough knowledge of construction management methods, standard construction practices, and construction contracts and agreements.

o Thorough knowledge of the principles of supervision, organization, and administration.

o Thorough knowledge of building materials, methods, and construction systems.

o Ability to establish and maintain effective working relationships with consultants, contractors, supervisors, and officials. Ability to plan, direct and coordinate the work of employees and contracts and consultants.

o Prior experience managing construction and infrastructure projects simultaneously in various phases of development.

o Ability to analyze bids and make recommendations for award of contracts.

o Ability to conduct meetings with consultants, contractors, and representatives of various agencies.

o Ability to express ideas clearly and concisely, both orally and in writing. Skill in the use of a personal computer and related software for report preparation.

o Thorough knowledge of the funding process in a municipal environment as related to budgeting, cost accounting, financial management.

o Ability to plan, implements, and coordinate technical and administrative programs.

E. FUND AVAILABILITY

Any Contract resulting from this solicitation is deemed effective only to the extent that funds are available. The City of St. Cloud abides by the provisions set forth in Florida Statutes relative to appropriations of funds. The ability of the successful Proposer to maintain a sense of fiscal responsibility and budgetary awareness shall be favorably considered in the ranking and award of a contract. This disclosure is being made to assist all Proposers in the gauging of their desire to participate in this Proposal and in the planning and preparation of their written response. The

City reserves the right to negotiate all Proposer fees, costs, charges, for any proposed services or appurtenant requirement.

F. PERSONNEL

The work shall be performed and directed by the key personnel identified in the submittal from the awarded firm or individual in response to this RFP. The awarded firm or individual shall not subcontract, assign or transfer any work under the agreement without the prior written consent of the City. Subconsultants must be identified in the submittal and shall be subject to the approval of the City. Any changes in the identified personnel shall be subject to the prior review and approval of the City. When directed by the City, subconsultants personnel whose performance or behavior is determined to be unsatisfactory shall be immediately removed. The awarded firm or individual shall provide a sufficient number of qualified personnel as necessary to effectively carry out its responsibilities under the agreement.

1.2. Background

The City of St. Cloud is a community of approximately 64,000 residents, covering approximately 20 square miles in Osceola County, located in Central Florida. To obtain general information about the City of St. Cloud, access www.stcloudfl.gov.

1.3. Contact Information

Procurement Services

Procurement Services

1300 9th Street

Building A, 2nd Floor

St. Cloud, FL 34769

Email: purchasing@stcloudfl.gov

Phone: (407) 957-7212

Department:

City Manager

Department Head:

Veronica Miller

Acting City Manager

1.4. Timeline

Release Project Date January 7, 2024

Question Submission Deadline January 26, 2024, 5:00pm

Proposal Submission Deadline February 6, 2024, 2:00pm http://www.stcloud.org/ mailto:purchasing@stcloudfl.gov tel:(407)957-7212

2. DETAILED SCOPE OF SERVICES AND REQUIREMENTS

2.1. Scope of Work

The Project Manager will be responsible for ensuring projects are completed with the highest degree of functionality and quality at the lowest possible cost. However, the Project Manager will not replace the architect, construction manager and other consultants. The Project Manager will be responsible for monitoring progress on all aspects of the project in every phase. The scope of work includes, but is not limited, to:

• Manage the project as assigned, overseeing all aspects of implementation and coordination of project management including the planning and scheduling and coordination of activities;

following procedures and setting priorities to meet established goals and objectives.

• Assist consultants in the development of projects; reviews consultant's plans and specifications at various stages of development for conformance to design standards, completeness, and accuracy; monitors consultant's cost estimates and verifies consultant's invoices and recommends payment.

• Review and proofread plans, specifications, codes, shop drawings, submittals, procedures, reports, memos, status reports, contractor's minimum days, delay days, change order days and all correspondence between the architect, engineer, testing agencies, and the contractor.

• Establish and maintain all files, submittals, daily reports, and contractor daily reports.

• Establish and maintain all consultants reports which include submittals, correspondence, pay requests, change orders, meeting minutes, supplemental instructions, sketches, Requests for

Information (RFI), and all correspondence between the architect, engineer, testing agency, and the contractor.

• Establish guidelines for reviewing consultants' plans and specifications, and policies and procedures for processing consultants' pay applications.

• Conduct meetings with consultants, contractors, and City staff.

• Coordinate the process of contract development, bidding, and exchange of information, surveys, equipment, and services.

• Attend and write reports of meetings with consultants and City agency representatives; resolves conflicts between consultant and the City.

• Coordinate with procurement for the procurement of solicitations; assists in conducting pre-bid conferences.

• Conduct pre-construction meetings with consultants, contractors, and sub-contractors.

• Coordinate the delivery of all required documentation to the City to obtain a NTP (Notice to

Proceed).

• Monitor progress of projects; reviews change orders and maintain records of contingency allowance and consultant's payments.

• Inspect projects for substantial completion and reviews punch list for any deficiencies; arranges for correction of defects by contractor during warranty period and conducts inspections at the end of the warranty period to ensure correction of defects.

• Monitor quality assurance, contract compliance and report discrepancies to the City and contractor.

• Regular meetings with internal and institutional stakeholders will be held to ensure that the new organizational structure and contracted services are meeting the needs of the City. Completion of projects will be communicated to city council, employees and to the public.

• Communications throughout the entire project will be required to ensure project continues to stay on budget and within desired timeframe. This should be done at a minimum of a weekly update or sooner as necessary to address issues or concerns.

• An overall project timeline will be necessary at the beginning of the project to show timelines and areas that will be impacted with the construction/renovation. This timeline shall be updated when timelines or areas of impact change from the original timeline.

• Update plan of action to get the project back on track will be required if projected timeline changes.

• Walk-through of project on an as needed basis determined by the Project Manager to ensure project stays within desired timeframe.

• Provide the City with all necessary project closeout documentation and records of program activities, including all audit records.

• Ensure all warranty management related items have been satisfied.

• Notify appropriate agencies (FDOT, Osceola County, etc.) of project close, and provide agencies with all necessary/required documentation and final payments to fully closeout project.

• Convene a final program management closeout meeting with City staff; all project documents will be provided to the City during this meeting.

3. PROPOSAL CONTENT / FORMAT

In order to achieve a more consistent evaluation of all proposals, proposals shall be submitted in the following format and include the following information:

3.1. DBA*

*Response required

3.2. Authorized Representative Name/Title*

*Response required

3.3. Federal Employer Identification Number (FEIN)*

Verfied in SunBiz

*Response required

3.4. PROPOSAL*

A. TITLE PAGE

1. The title page shall list the subject “RFP NO.2024-001 Project Management Services” It shall also contain the proposing firm’s full legal name, physical address, mailing address (if different than physical address), telephone number and e-mail address, as well as the name, address, telephone and/or cell phone number, and e-mail address of a contact person.

B. TABLE OF CONTENTS

1. The table of contents shall list all major topics with their corresponding section title or heading and beginning page number.

C. INTRODUCTORY LETTER

1. Describe information about your Firm and explain why your Firm is best suited to meet the services for this RFP.

D. QUALIFICATIONS AND EXPERIENCE

1. All firms that submit a proposal shall meet, but not be limited to, the following minimum qualifications:

a. Familiarity and years of service to public agencies.

b. Indicate specifically the personnel who will have primary responsibility for this contract.

c. Organizational chart with team member resumes. The Respondent shall provide an organizational chart depicting the proposed project team and each team member’s role on the project. The Respondent shall identify all subconsultants.

d. Professional staff (name, project role, business address, phone number and email address) including job skills, education (degree and specification), professional training, total years of experience, years of experience with the current firm, professional registration, and other professional qualifications.

e. Identify any subconsultants who are to participate in providing services. This must include their respective tasks or disciplines they are to perform and evidence of their qualifications (name, project role, business address, phone number and email address) including job skills, education (degree and specification), professional training, total years of experience, years of experience with the current firm, years of experience working with the respondent, percent of subconsultants business to be performed for prime and also include past relationships, professional registration, and other professional qualifications.

f. Current and projected workload. Provide a list of your current and projected workload addressing the addition of the City as a client.

g. To demonstrate experience and success in conducting similar work, the proposer shall provide a minimum of five (5) similar contracts that best illustrates the proposed team’s qualification for the scope of services indicated in this RFP. This shall include project name, project start and completion date, client name and contact information, project staff involved from the proposed project team as listed on the organization chart (to be included with submittal); and a detailed description of the project and its applicability to evaluation of this RFP. Do not include the City of St. Cloud as a reference.

h. Provide a statement as to whether the proposer has, in the last five years, been a party to a lawsuit of any kind related to, in any manner, the type of services requested in this

RFP. If any such litigation exists, provide a statement as to legal style of the matter, the jurisdiction in which it was filed and the status.

i. State that the business is licensed, permitted, and/or certified to do business in the

State of Florida. All required federal, state, and local licenses and permits shall be kept in force during the term(s) of the contract. Copies of all required licenses are to be provided with Consultant’s submittal.

E. PROJECT UNDERSTANDING AND PROPOSED APPROACH

1. Proposer shall include a proposed approach for providing the services outlined in the requested “Scope of Services” as understood by the Firm and the ability of the Firm to provide such resources.

*Response required

3.5. FEE PROPOSAL*

The proposed fee shall include all fees anticipated during the performance of this RFP.

*Response required

3.6. ADDITIONAL DATA TO SUPPORT PROPOSAL*

Provide a copy of your current certificate of insurance. During the entire period of performance of any contract resulting from this solicitation, the successful Proposer shall procure and maintain the minimum insurance coverage required by the City of St. Cloud as stipulated in the Insurance

Requirements Section. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the company by the Department of Insurance of the State of Florida to conduct business in the State of Florida, with a minimum A.M. Best rating of

VII/A-. Proof of such insurance must be provided to the City prior to beginning contract performance.

*Response required

3.7. COMPLIANCE FORMS

3.7.1. Respondent's Certification*

I have carefully examined the Invitation to Bid.

I hereby propose to furnish the services specified in the Solicitation. I agree that my submittal will remain firm for a period of at least 90 days in order to allow the City adequate time to award bid.

I certify that all information contained in this submittal is truthful. I further certify that I am duly authorized to provide this submittal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.

I further certify, under oath, that this submittal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation tendering a submittal for the same service, that no officer, employee or agent of the City of St. Cloud or any other respondent is interested in said submittal; and that the undersigned executed this Respondent’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

☐ Please confirm

*Response required

3.7.2. Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes*

I understand that a “”public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United

States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.

I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere.

I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

A. A predecessor or successor of a person convicted of a public entity crime; or

B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies).

□ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

□ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

□ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the

Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE

PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS

FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO

UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A

CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA

STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

☐ Please confirm

*Response required

3.7.3. Americans with Disabilities Act (ADA) Disability Nondiscrimination Statement* I, being duly first sworn state: That the named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provision pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat327,42USC1210112213 and 47 USC Sections

225 and 661 including Title I, Employment; Title II, Public Services: Title III, Public Accommodations and

Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous

Provisions. The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section

553.501-553.513, Florida Statutes: The Rehabilitation Act of 1973, 229 USC Section 794; The Federal

Transit Act, as amended 49 USC Section 1612; The Fair Housing Act as amended 42USC Section 3601-

☐ Please confirm

3.7.4. Business Entity Affidavit (Vendor/Bidder Disclosure)*

OWNERSHIP DISCLOSURE AFFIDAVIT

A. If the contact or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable), as follows:

Full Legal Name:

Address:

Ownership %:

3.7.5. City of St. Cloud Drug Free Workplace Compliance Form*

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does): (Name of Business)

A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Subsection 1.

D. In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 1893 or of any controlled substance law of the

United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I confirm that this form complies fully with the above requirements.

3.7.6. No Lobbying Affidavit*

I confirm that I am an authorized representative, maker of the attached submittal made in response to a request for bid, proposals, qualifications and/or any other solicitation released by the City of St. Cloud, and swear that the bidder and any of its agents agrees to abide by the City of St. Cloud’s no lobbying restrictions in regard to this solicitation

☐ Please confirm

*Response required

3.7.7. Certification for Contracts, Grants, Loans, and Cooperative Agreements* The undersigned certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any

Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure

Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352

(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor hereby certifies and attests to the accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

3.7.8. Vendor Certification of Scrutinized Companies Lists*

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan

List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which are created pursuant to s. 215.473, F.S., or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S., or companies that are engaged in a boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled “Respondent Vendor Name” is not listed on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector

List, or the Scrutinized Companies that Boycott Israel List. I further certify that the company is not engaged in a boycott of Israel. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs.

I confirm that I am authorized to sign on behalf of the referenced company and certify acknowledgement and acceptance that the above statement is true.

3.7.9. Certification Regarding Debarment, Suspension, and Other Responsibility Matters*

This certification is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 93, Government-wide Debarment and Suspension, for the

Department of Agriculture (7CFR Part 3017), Department of Labor (29 CFR Part 98), Department of

Education (34 CFR Parts 85,668,682), Department of Health and Human Services (45 CFR Part 76).

I, the prospective bidder certify to the best of its knowledge and belief that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

B. Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements , or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any offenses enumerated in paragraph (B) of this certification; and

D. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. Any exceptions provided will not necessarily result in denial of award, but will be considered in determining bidder responsibility and whether or not the City will enter into contract with the party. For any exception noted, indicate on an attached sheet to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

3.7.10. E-Verify Compliance Form*

Definitions:

“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.

“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.

Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S.

Department of Homeland Security’s E-Verify System to verify the employment eligibility of:

A. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and

B. All persons (including subvendors/subconsultants/subcontractors) assigned by

Vendor/Consultant/Contractor to perform work pursuant to the contract with the

Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the

U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of St. Cloud, Florida; and

C. Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

3.7.11. Federal Requirements (If Applicable)

Please review and confirm the acceptance of the Federal Requirements. #Federal Requirements https://procurement.opengov.com/portal/stcloud/projects/74074?section=undefined

3.7.12. General Terms and Conditions

Please review and confirm the acceptance of the General Terms and Conditions.

4. INSTRUCTIONS TO BIDDERS

4.1. PUBLIC RECORD STATEMENT

By submitting a proposal to the City of St. Cloud, each Bidder acknowledges and understands that the

City of St. Cloud is a public agency subject to Chapter 119 Florida Statutes (“Public Records Law”) and all responses are deemed a public record and open to public scrutiny. Any Proposal document the Bidder submits will be a public record when the City of St. Cloud provides notice of an intended decision or 30 days after opening the bids, proposals, or final replies, whichever is earlier. Trade Secrets, certain background financial information, and other items, may constitute exemptions to disclosure under the

Public Records law. Bidder expressly understands records associated with this project are public records and agrees to comply with Florida’s Public Records Law, to include:

A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services contemplated herein.

B. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this Florida’s

Public Records law or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfers, at no cost, to the City, all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City.

E. If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this contract, contractor shall contact the City’s custodian of public records at City Clerk’s Office, 1300 9th

Street, St. Cloud, Florida 34769, telephone 407-957-7300, email cityclerk@stcloudfl.gov.

4.2. ACKNOWLEDGEMENT

A. Submission of a proposal shall constitute an acknowledgement by the Bidder and certifies that they have thoroughly examined and is familiar with the Request for Proposal. The failure or neglect of the Bidder to examine the RFP shall in no way relieve him/her of any obligations with respect to either his/her proposal or the RFP. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the Request for Proposal.

mailto:cityclerk@stcloudfl.gov

B. The selected Bidder shall comply with all Federal and State requirements, to include 2 Code of

Federal Regulations (CFR) Part 200, Uniform Guidance, listed in Attachment ‘B’, and any subsequent revisions and updates.

C. All proposals must be signed with the firm’s name and by an authorized signer of the firm.

Obligations assumed by such signature must be fulfilled.

D. Alternate proposals will not be considered unless they are specifically called for in this solicitation.

E. From the issue date of this solicitation packet until a selection decision is made, no unauthorized contact related to this solicitation will be allowed between a Bidder, their employees or subcontractors and any elected or appointed officials, City Manager or any City staff, with the exception of the Procurement Services Department. Any unauthorized contact will disqualify the

Bidder from further consideration.

F. Any protest shall be in accordance with St. Cloud Procurement Policy.

G. The selected Bidder agrees to provide, within ten (10) calendar days from the notice of award, insurance requirements in accordance to the requirements in the terms and conditions specified in section 1.7. All policies shall be subject to approval by the City of St. Cloud, and issued by companies authorized by the State of Florida’s Department of Insurance to conduct business in the State of Florida.

H. The selected Bidder agrees that it and its subcontractors have a Drug-Free Workplace Program that complies with Florida §§ 287.087. Refer to required forms.

I. The selected Bidder shall submit only one proposal/bid in response to this solicitation packet, and shall have no financial interest in other entities submitted proposals/bid responses for the same solicitation packet.

J. Neither the selected Bidder, nor its affiliates, nor anyone associated with them shall have any potential conflict interest due to any other clients, contracts, business relationships or property interests for this solicitation packet’s scope of work.

K. No member of the selected Bidder’s ownership, management, or staff shall have a vested interest in any of the City, nor any business or other relationship with any of the City’s employees, officers, directors, or elected officials that create a conflict of interest or the appearance of a conflict of interest. All Bidders/Proposers must disclose with their Bid/ Proposal the name of any officer, director, or agent, who is also an employee of the City. Further, all

Bidders/Proposers must disclose the name of any City employee who owns, directly or indirectly, any interest in the Bidder’s/Proposer’s firm or any of its branches. The Award hereunder is subject to provisions of State Statutes and City Ordinance.

L. No member of the selected Bidder’s ownership or management is presently applying for an employee position or actively seeking an appointment with the City.

M. The selected Bidder, or authorized signatory, shall provide written notice to the City in the event that a conflict of interest is identified at any time.

4.3. REQUEST FOR ADDITIONAL INFORMATION

The respondent shall furnish such additional information as the City of St. Cloud may reasonably require.

This includes information which indicates financial resources as well as ability to provide the services.

The City reserves the right to make investigations of the qualifications of the respondent as it deems appropriate, including but not limited to, a background investigation.

4.4. ECONOMY OF PREPARATION

Submittals should be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to fulfill the requirements.

4.5. PROPRIETARY INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Record Law) and except as may be provided by other applicable State and Federal Law, all respondents should be aware that the Request for Proposal and the responses are in the public domain. However, the respondents are requested to identify specifically any information contained in their submittals which they consider confidential and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received from respondents in response to this Request for Proposal will become the property of the City of St. Cloud and will not be returned to the respondents. In the event of award, all documentation produced as part of the contract will become the exclusive property of the City, unless otherwise specified in the contract.

4.6. STATEMENT OF NO RESPONSE

The City of St. Cloud Procurement Services Department is committed to continuously improving its processes to receive maximum participation from the industry/market. The City is requesting that firms and individuals, who do not wish to bid on this RFP, complete the No Response Form under

#ATTACHMENTS and send to purchasing@stcloudfl.gov briefly explaining their “no response” decision.

This will help to improve the solicitation process and any future communications.

4.7. GENERAL INFORMATION

Bidders shall prepare Proposals in accordance with the requirements of these Instructions to Bidders.

Not preparing a Proposal, in accordance with such instructions, implies that the Bidder does not intend to comply with all the proposed contract conditions. Such proposals will be considered irregular and may be rejected.

The City of St. Cloud will receive Proposals through the City’s e-Procurment Portal https://procurement.opengov.com/portal/stcloud (“Portal”) for goods, equipment, materials, and related services set forth in the included specifications and documents.

https://procurement.opengov.com/portal/stcloud/projects/74074?section=657315 mailto:purchasing@stcloud.org https://procurement.opengov.com/portal/stcloud

A. COMMON TERMS

The City of St. Cloud and Bidders (the parties) agree that the following phrases each shall have the meaning provided here and may be used interchangeably:

1. “Bidder(s)”, “Supplier(s)”, and “Proposer(s)” shall mean the organization, party, person, firm, company, corporation, partnership, joint venture, or other type of entity responding to this solicitation.

2. “Solicitation” shall mean, “Request for Proposal(s)”, “RFP”, “Request for Qualifications”, “RFQ”, “Request for Quote”, “QUO”, “Invitation to Bid”, “ITB”, “Solicitation Package” or, “Solicitation Packet”, to which the Bidder is responding.

3. “Bid(s)”, “Proposal(s)”, “Submittal(s)”or “Quote(s)” shall mean the documents formally submitted to the City of St. Cloud by each of the Bidders responding to this solicitation packet.

B. SUBMITTAL

Bidders shall submit Proposals in accordance with the instructions and schedule included in the solicitation containing these specifications and documents.

C. ALTERNATE BIDS

Alternate bids will not be considered unless they are specifically called for in this solicitation.

D. WITHDRAWAL

Bidders may withdraw, alter, and resubmit their Proposals electronically through the Portal at any time prior to the Proposal due date and time. Proposals may not be withdrawn, altered, or resubmitted after the Proposal due date and time. The City of St. Cloud may request clarifications and additional information after proposal submission.

4.8. ELECTRONIC SUBMITTAL OF THE PROPOSAL

To ensure correct Proposal formatting, Bidders shall:

A. Submit Proposals electronically through the Portal.

B. Upload files only in MS Word (.doc or .docx), Excel (.xls or .xlsx), and PowerPoint (.ppt or .pptx);

Adobe Portable Document Format (.pdf).

C. Enable printing on files submitted.\Clearly identify the RFP Number, Name, Submission Date, and Bidder Name on the Response Cover Page.

D. Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page.

E. Contact technical support using the real-time chat bubble located in the lower right-hand corner of the Portal, or at procurement-support@opengov.com, if technical difficulties arise during bid submission.

F. Follow all instructions outlined in this RFP and provide all requested information.

4.9. MINORITY/WOMEN BUSINESS ENTERPRISES (M/WBE)

The City of St. Cloud encourages the full and equitable participation of Minority and Women Business

Enterprises (M/WBE) in the procurement of services.

As part of the Proposal, please indicate the percentage of bid amount to be subcontracted with M/WBE subcontractors during the activities outlined in this RFP. Describe the Bidder’s plan for utilizing small business, minority, and/or disadvantaged entrepreneurs, and local participation in pre-qualifying vendors and subcontractors, if such a plan exists.

4.10. PROPOSAL PREPARATION COSTS

The City of St. Cloud shall not compensate any bidder for preparation of responses to this invitation to bid.

4.11. CLARIFICATIONS

If a prospective Bidder has doubt as to the true meaning of any part of the solicitation, they may submit a question via the Portal through the Questions and Answers Tab unless the deadline for questions has passed, in which case requests for interpretations shall be sent to purchasing@stcloudfl.gov verbal requests will not be accepted. The Bidder should reference the Solicitation Package page number and section heading on any clarification requests.

Failure of the Bidder to request information or make inquiries will not relieve them of any responsibility to perform under the terms of any contract awarded for the work in accordance with subsequent clarifications.

The City of St. Cloud shall issue an addendum to all Bidders, via the Portal, following the deadline for questions.

4.12. LOCAL CONDITIONS

Each Bidder shall have thorough knowledge of conditions, factors, and scope of work, which would affect the execution and completion of the requested work. If required, site visits may be held the day of the Pre-Response Conference.

Bidders shall investigate properly and consider all such factors in the preparation of every Proposal submitted. The City of St. Cloud shall not permit claims for financial adjustment based on the lack of prior information or its effect on the cost of the work.

4.13. SOLICITATION OPENING

The City of St. Cloud shall open Proposals electronically via the Portal on the RFP Due date.

mailto:purchasing@stcloud.org

4.14. SOLICITATION SCHEDULE

The City of St. Cloud shall adhere to the stated schedule during the solicitation process, unless a change notice is issued to the Bidders via a written addendum. The City of St. Cloud reserves the right to postpone the date and time announced for the opening of proposals at any time.

4.15. PROPOSAL ACCEPTANCE AND REJECTION

The City of St. Cloud reserves the right to accept or reject any and/or all Bids/Proposals, with or without cause, when in the best interest of the City. The City also reserves the right to withdraw all or part of this request at any time in order to protect the City’s interest. The City reserves the right to reject any proposal found to be non-responsive, vague, non-conforming, or irresponsible. The City of St. Cloud reserves the right to make such investigation as it deems necessary to make this determination.

Additional information shall be provided by the Vendor if requested by the City. Such information may include, but shall not be limited to, current financial statements, verification of availability of equipment and personnel, and past performance goals. The City reserves the right to negotiate modifications to proposals that it deems acceptable, reject any and all proposals, and to waive irregularities in the procedure if, in the City’s judgment, it will best serve the City’s interests. The desire of the City of St.

Cloud to pursue proposals shall in no way obligate the City to execute a contract with proposer(s).

4.16. CANCELATION

Prior to the final execution of a Contract or full Notice to Proceed, the City of St. Cloud reserves the right to rescind said award without prior notice to Bidders. In addition, the City of St. Cloud may reject all

Proposals, reissue the solicitation packet, or re-award the contract.

4.17. CONTRACT…