Recreation_Center_Gymnasium_Floors_Refinishing.pdf

REQ- 24 - 090

RECREATION CENTER GYMNASIUM FLOORS

REFINISHING

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: April 4, 2024

DEADLINE FOR QUESTIONS: April 10, 2024

RESPONSE DEADLINE: April 18, 2024, 3:01 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Recreation Center Gymnasium Floors Refinishing

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Background Checks

VIII. Insurance

Attachments:

A - Gym floors-Bid Bond form

B - Agreement-On Going/As-Needed Service

C - 2024 maintenance schedule

#REQ- 24 - 090

Title: Recreation Center Gymnasium Floors Refinishing

1. Introduction

1.1. Summary

The city of St. Petersburg is soliciting qualified companies to refinish gymnasium floors at city recreation centers on an as-needed basis. Contractor shall provide all labor, materials, supervision, tools, equipment, vehicles and other supplies necessary to perform all the work that includes, but is not limited to, or necessarily in the following sequence.

1.2. Background

City of St. Petersburg has a total of 12 gym floors at 11 locations. Gym floors are professionally refinished once every 6 years, sanding down to the original wood base. Every other year for maintenance, the floors are very lightly sanded, and refinished with 2 coats of oil based top coat. Due to COVID, there are 6 floors that require refinishing in 2024 and regular maintenance of all gym floors every other year upon maintenance schedule.

1.3. Contact Information

Desire Smith Procurement Analyst PO Box 2842 St. Petersburg, FL 33731 Email: desire.smith@stpete.org Phone: (727) 551-3552

Department:

Parks and Recreation

1.4. Timeline

*Timeline is subject to change

Solicitation Published April 4, 2024

Deadline for Questions April 10, 2024, 3:00pm

Deadline for Question Response April 15, 2024, 3:00pm

Deadline for Submittals April 18, 2024, 3:01pm mailto:desire.smith@stpete.org tel:(727)551-3552

2. Solicitation Information

2.1. Submission or Receipt of Bid

Bids will be received through the City’s online bidding system no later than 3:01 pm on Thursday, April

18, 2024.

2.2. Standard for Award

The City will award to one vendor by written notice to the lowest responsible and responsive Vendor.

2.3. Bid Evaluation

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

2.4. Submittal Requirements

The following documents are required to be considered responsive:

• PDF of Bid

• Insurance Documents

• Completed Cost Proposal https://procurement.opengov.com/portal/stpete/projects/83142

3. Vendor Questionnaire

3.1. General Information

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

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

☐ No

*Response required

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

☐ No

*Response required

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

☐ No

*Response required

3.1.4. Address for Headquarters location.*

*Response required

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

3.1.6. Contact Information for Contact Person.*

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

• Name

• Title

• Phone

• Email

*Response required

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

*Response required

3.1.8. Year the Company was Founded.*

*Response required

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

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

3.1.11. Company’s bank of record.*

*Response required

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

*Response required

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

*Response required

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

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

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

*Response required

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

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

*Response required

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

☐ No

*Response required

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

*Response required

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

☐ Yes

☐ No

*Response required

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

Florida Statute §286.101 (3)(a).

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

☐ No

*Response required

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

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

☐ No

*Response required

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

3.1.24. Disadvantaged Worker Utilization Plan Worksheet

Please download the below documents, complete, and upload.

• Apprentice-Disadvantaged_Wo...

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

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

City of St. Petersburg

PO BOX 2842

5th Floor- Procurement

Attn: Procurement Analyst Assigned

St. Petersburg, FL 33731

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

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

☐ No

*Response required

3.2.2. Please attach your cost proposal

https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1274/4ae09994-4b87-4082-99b5-6562cb8e9e89_Apprentice-Disadvantaged_Worker_Utilization_Plan_Worksheets_10-20-2020.xlsx?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4M42TEBU7%2F20240404%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240404T192238Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEGsaCXVzLXdlc3QtMiJHMEUCIAJaD0ZwMsWLsFz4Pb4NBA%2FSmlDl5WRb%2Ff6Hl0CGSsK3AiEAwXzut%2FiPqzRELAezdb911h0pYblPh%2F54XT1Qef8nnqkqlgUIlP%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDCIKr9IvsugOuTnewCrqBPYlhV9r%2BbaNWDY4BxFwcNs5eoqKi83z0fPNbUe%2FUoblkyd2ArFpPR6LU39df%2F22CMO%2FPvP2AuCHIE78b0uATwPOibdpFm4fmuzkfhPuOd9Za7zH7DSfXuor6gm0boqXECc8BSCxMKOLfyzy6oje1amcg%2B%2B7ByhY5szctq4Z8fNYy%2BHCPcda28EeevSl5Xb4RKtmq6IhZmUmggZvStdVMMp63QzNwHhv1lqRcWw7pxUxWU1tn7p%2BjswSDV7b8c7ZNMpDcdvxs6iJDhT%2Fwy%2Fa0XSF2OB7LfLq3C5FiO0gbx95%2FWdy6yu1flFiVAXd700EG9uCrE5A6x8mNaHLFeR7LFA26rPubN02vUvgyGix9OtxC2UZ6XZjlxQXgpLq5VNgVcG5vEEpEKekOzqj8VnHTdJzf5ASX7lSUwnvXYM%2BJ832oOXZgDUBxoseJIUY3Y5uteddHXQF7Fpt5kyjqypU4BkJdGnGBLOlEhWM315iNely%2FoX8UmycrBOKg3yUKwppBpF5pTkY5ZOcvontqKyT7fdDp1jRbbFSUarLSmJInJDEqCYwHv3KxgZLwo05fWZiIK7v7Jcv7rRpBJphoDR2rA9dI2LEeKynTfhsaq4dOZdkvn0paRtGONF9FlBrlGD6FXK1giQq8avSA%2BfcNJZhN4w7vVGs5bf72tJZeJH141Y8%2FjY9AbOPlDKtPyYdgOyYAfUXvdbGCauZC8bHTOgySK8UPW2uIDHOyFuFQGvWgvNGyBGDdspWfLSvpo%2BquG3PHXcccayONvOlsOqA%2BWEao6%2FZ9wwqcVvm5MksniBJBTQq6L87sRwb7g8TgjDT8LuwBjqbAQlrYRBc%2B3iHPCQ486rQmRe4747XC003iIFEc1bpqs8AFGr6FqbJP5r%2FVMFWfQgPewwCtp39NFZWCK92hZ%2Btj%2Bf%2BW%2FBSixeeFojaqpYBzAfeR4osdldZ3Bn%2FiYgjHuZMScGf3ApvLef%2BMhVwv%2BLA8Ybi0gQ8JkzH5Jz55c%2FtgElbs1fsx5SWqP7Vdon9UciEWM29YtQAuN49adOo&X-Amz-Signature=099e87bfaca85821200a42e6127bca5429112a5d8c0082aab36c16001326166a&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Apprentice-Disadvantaged_Worker_Utilization_Plan_Worksheets_10-20-2020.xlsx%22&x-id=GetObject

4. Scope of Work

4.1. Recreation Center Gymnasium Floor Refinishing

The City of St. Petersburg is seeking responses from qualified vendors to refinish gymnasium floors at city recreation centers. The recreation centers are located at:

Frank Pierce Gymnasium: approximately 7,682 square feet

J. W. Cate Gymnasium: approximately 7,448 square feet

Willis S. Johns Gymnasium: approximately 6,696 square feet

Campbell Park Gymnasium: approximately 7,350 square feet

Childs Park Gymnasium: approximately 7,200 square feet

Roberts Recreation Gymnasium: approximately 6,528 square feet

Lake Vista Recreation Center- 1401 62nd Ave. S. approximately 7,031 sq. ft.

Thomas Jet Jackson- 1000 28th St. S. approximately 15,966 sq. ft.

Walter Fuller Recreation Center-7891 26th Ave. N. approximately7,200 sq. ft.

Gladden Park Recreation Center-3901 30th Ave. N. approximately 6768 sq. ft.

Shore Acres Recreation Center-4230 Shore Acres Blvd. approximately 6735 sq. ft.

Please see estimated maintenance schedule in attachments.

Contractor shall sand existing floor to remove all paint and finish, cleaning and preparing floor with Bona

Sport Sealer, screening entire surface, tack clean surface, layout and printing of gymnasium floor lines

(two coats), repaint logo and apply floor finish according to manufacturers specific directions for Bona

All Court – oil poly System product, a Maple Flooring Manufacturers Association (MFMA), approved gymnasium floor finish. Forty eight hours after the last finish coat by contractor, owner shall accept the floor from the contractor at which point he may apply for payment and consider his work completed.

4.2. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications:

1. Have been in the business of providing gymnasium floor refinishing as described herein for a minimum of three years.

2. Have the ability to obtain the minimum insurance requirements set for in the base agreement.

3. Have the ability to meet the bonding requirements

4. Licensing, permits, certifications

5. Background checks, The City requires background checks on all employees, who perform services at all City facilities. Shall provide the name, sex, race, date of birth, driver’s license number and issuing state, and social security number for each individual who will perform services at City facilities. The City requires up to 14 days to process background checks. In addition to other considerations, persons with one or more of the following criteria will fail the

City’s background check and will not be allowed to access to City locations:

i. Be listed on the FBI's list of suspected terrorists.

ii. Have an outstanding arrest warrant against them.

iii. Been convicted of, or have pending charges for, a 1st or 2nd Degree Felony

iv. Been convicted of, or have pending charges for, drugs or lewd and lascivious behavior.

6. Financial documents, dependent on project

4.3. Vendor Responsibilities

Contractor Responsibilities

• Contractor shall comply with MFMA and Huntington Laboratories standards and recommendations for resilient wood flooring and refinishing.

• Contractor shall be responsible for controlling the entire gym environment and staff shall abide by Contractor’s directives for preventing traffic through the work area at the critical times.

• Submittals, Products Data:

• Contractor shall submit manufacturer’s detailed technical product data and wood floor replacement/installation information. Include instructions for anchorage, finishing, protection, applicators, line paint, maintenance of proposed floor system and any other products or materials to be used in the execution of this work with bid submittal package.

• Delivery, Storage and Handling: Contractor shall be responsible for all materials required for the application of the water based polyurethane final finish. Products shall be delivered to the site in previously unopened containers. Contractor shall have materials delivered directly to the individual sites and shall be present to receive goods as the city shall not be responsible for delivered goods.

• Contractor’s employees shall wear uniforms or company identification badges displaying contractor’s name and employee’s name at all time while on city property.

Execution

a. Inspection: Examine substrates where wood flooring shall be installed and conditions under which work shall be performed. Do not proceed with work until unsatisfactory conditions have been corrected in manner acceptable to Installer.

b. Preparation: Check levelness of concrete substrate to ensure not more than 1/4-inch deviation in any direction when checked with a 10-foot straight edge. Grind down high spots or fill in low spots to correct improper conditions. Apply moisture barrier over concrete substrate or subfloor as recommended by flooring manufacturer.

c. Wood Replacement: Where damaged wood is necessary to replace, contractor shall use similar type, quality, grain, and colored maple flooring to match the surrounding surface as best as possible. Contractor shall include in its bid 50 square feet of replacement flooring. Replacement wood should be properly acclimated to the facility in which it is to be used.

d. Installation: Repairs shall match existing floors at sites as identified in this solicitation.

e. Sanding: Machine sand with coarse, medium and fine grades of sandpaper, followed by disc sanding with 000 sandpaper. Clean with power vacuum.

f. Cleaning:

i. Vacuum all dust using a non-marking vacuum head. Watch out for scuff marks from black power cords, vacuum wheels, shoes, or any other black rubber materials.

ii. Before tacking, be sure doors are locked and air movement (fan) is turned off.

Tack the floor with turkish towels dampened in Seal-o-Solv and tightly wrung out. Towels should be just damp enough for dust to stick. Replace towels frequently as they get dirty.

Repeat tacking until floor is dust free. Allow floor to dry until there is no sign of moisture.

iii. Surrounding cove base shall also be cleaned and treated if applicable. Contractor shall also be responsible for cleaning any surfaces in the gym including but not limited to beams, adjacent hallways, window sill, ducts, doors, heating ventilation and air conditioning systems which contain dust or debris.

g. Screening: Screen the floor at a moderate speed using a new 100 or 120 grit screen under a slow speed buffer. Cross buff the gym. For best results, screen east/west, then north/south. Use one screen for every 400 square feet. Change damaged screens immediately. When complete, the floor shall have a uniform white powder on the surface and a dull, even appearance. Do not leave any shiny spots.

h. Application: Air conditioning should be turned off during sanding and application, and drying of products. After preparing and sanding a newly laid wood floor, the following procedures should be followed according to manufacturer's specifications.

A. Tack clean with mineral spirits or “seal-o-solv”.

B. Let dry a minimum of 2 hours or overnight with air conditioning turned off (no air circulation).

C. Apply first seal coat of Bona Sport Sealer as per manufacturer's specifications.

D. Dry 24 hours minimum.

E. Dry screen with worn 100's wods or new 150's wods (wods + screens).

F. Tack clean with mineral spirits or “seal-o-solv”.

G. Let floor dry a minimum of 2 hours or overnight

1. *before taping for court lines.

2. *If painting more than one coat, let paint dry 24 hours minimum from last applications to fully cure.

H. Use only Gym Floor masking tape “blue” to mark lines. Apply gym line paint with approved paint.

I. Let dry 24 hours, minimum, to fully cure.

J. Dry screen painted surface with worn 100's wods or new 150's wods.

K. Tack clean with mineral spirits or “seal-o-solv”.

L. Let dry a minimum of 2 hours or overnight with air conditioning turned off (no air

M. Apply second seal coat of Bona Sport sealer as per manufacturer's specifications.

N. Let dry 24 hours, minimum, to fully cure.

O. Dry screen with worn 100's wods or new 150's wods (wods + screens).

P. Tack clean with mineral spirits or “seal-o-solv”.

Q. Let dry a minimum of 2 hours or overnight with air conditioning turned off (no air

R. Apply first coat of “Bona All Court” as per manufacturer's specifications.

S. Dry 3 to 18 hours or until able to walk on floor (without shoes but with socks only) without the floor being tacky.

T. Apply second coat of “Bona All Court” as per manufacturer's specifications.

U. Dry 3 to 18 hours or until able to walk on floor (without shoes but with socks only) without the floor being tacky.

V. Apply third coat of “Bona all Court” as per manufacturer's specifications.

W. Let dry 48 hours for light traffic and 72 hours for normal traffic.

X. Always maintain adequate ventilation during all phases of the application process, but care should be taken to keep dust and airborne debris from contaminating the floor prior to its complete drying.

Y. Only manufacturer approved application tools shall be used.

Painting: Prior to application of last coat of floor finish, lay out lines, fields and other markings as indicated for colored enamel application. Mask flooring to ensure sharp edges. Apply gym enamel in colors as indicated. Where game lines cross, break minor game line at intersection; do not overlap lines. Owner shall select game lines and colors for court layout and logo.

Drying Time Before Owners Use: Keep the gymnasium air circulation off overnight, during application and during the drying period. Allow approximately 24 hours for light traffic, and 48 hours for normal traffic.

4.4. City's Responsibilties

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

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

2. City Project Manager shall assist with planning, strategy, and objectives prior to performance of the Work and provide facilities for the contractor to store materials.

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

4. The City shall not cover the floor with mats for at least two weeks after final coating.

4.5. Similar Projects Completed

Contractor shall have completed the refinishing of least four floors of similar size and usage during this time. Contractor shall supply proof of this experience in the bid submittal package.

5. Cost Proposal

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Floor refinishing per sq. feet 1 sq ft.

TOTAL

6. General Terms

6.1. Vendor Registration

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

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

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

Statute 607.1501.

6.2. Solicitation Review

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

6.3. Solicitation Response Preparation

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

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

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

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

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 3:00 pm on Wednesday, April 10, 2024. Questions will be answered via City's online sourcing system no later than 3:00 pm on Monday, April 15, 2024. More complex questions may require a written addendum to the solicitation. Explanations or instructions will not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of an Agreement will not be binding. If necessary, a written addendum to this solicitation will be issued and posted on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/83142 for download by

Vendors.

6.5. Amendments

Any amendments issued for this solicitation will be posted as an addendum on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/83142 and notifications will be released to vendors who are following the project by clicking "Follow". Vendors must submit their responses to the most current version of the solicitation as amended, if applicable.

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

6.6. Submission of Solicitation Responses

Solicitation responses will be received through the City’s online sourcing system. E-mail or in-person submittals will not be considered unless approved before the solicitation submission deadline by the

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

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

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

6.7. Mistakes in the Solicitation

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

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

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

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

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

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

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

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

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

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

Chapter 286, Florida Statutes.

6.9. Bonds

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

6.10. Cash Discounts

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

6.11. Award

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

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

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

6.12. Acceptance Period

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

6.13. Right to Reject

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

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

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

6.14. Vendor Complaints

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

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

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

6.15. Protest

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

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

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

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

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

(4) The relief sought.

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

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

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

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

6.16. Public Entity Crimes

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

mailto:stephanie.swinson@stpete.org

6.17. Nondiscrimination

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

6.18. Prohibited Communication

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

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

6.19. Environmentally Preferable Purchasing

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

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

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

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

6.20. Health In All Policies

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

6.21. American with Disabilities Act (ADA) Public Notice

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

6.22. Background Checks

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

6.23. Disqualification

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

6.24. Taxes

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

Exemption certificates will be provided upon request.

6.25. Compliance with State and/or Federal Requirements

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

6.26. E-Verify

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

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

7. Background Checks

7.1. Level 2- Parks and Recreation

The Vendor shall conduct a security background investigation that meets the standards set forth in Florida

Statute Section 435.04 (“Level 2 Background Screening”) for each employee and subconsultant/subcontractor employee performing Work at the work site in accordance with the screening requirements set forth in Florida Statute Section 402.302 and Florida Administrative Code Chapters 65C-

20, 65C-22 and 65C-25.

Prior to allowing an employee or subconsultant/subcontractor employee to perform Work at the work site, the Vendor shall submit to the City's Project Manager an affidavit certifying that each such employee possesses, and shall continue to possess for the duration of the Project, a valid letter determining that a

Level 2 Background Screening was performed and did not identify criminal convictions or other criminal history factors that would disqualify that employee from accessing the work site (“Clearance Letter”). In the event Vendor becomes aware that any employee or subconsultant/subcontractor employee has been arrested or convicted for a disqualifying offense, Vendor shall immediately remove that employee from the work site.

An updated list of all employees or subconsultant/subcontractor employees with access to the work site shall accompany the affidavit and be provided to the City's Project Manager along with the cell phone number of the Vendor's representative responsible for those employees. At any time, the City may request to view the Clearance Letters of any or all employees or subconsultant/subcontractor employees working at the work site. The requested information shall be made available for viewing as soon as possible, but no later than twenty-four (24) hours after the request. If the Vendor fails to provide the requested documentation, the employee(s) in question will not be allowed to continue work until the appropriate documentation has been received. The Vendor shall not be allowed an extension of the Contract Time due to any delay in the performance of the Work attributable to a employee or subconsultant/subcontractor employee's inability to perform Work due to a Clearance Letter being unavailable for inspection. The failure of the Vendor to submit an appropriate affidavit or the submission of an affidavit containing false information shall be considered a substantial violation of the terms and conditions of the Contract Documents and shall provide a basis for termination of the Contract.

8. Insurance

8.1. Commercial General Liability

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

8.2. Commercial Automobile Liability

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

8.3. Worker's Compensation

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