Refuse_Containers_&_Compactors,_Commercial_and_Residential_(Addendum_#2_Revision).pdf

IFB- 24 - 293

REFUSE CONTAINERS & COMPACTORS, COMMERCIAL

AND RESIDENTIAL

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: September 6, 2024

DEADLINE FOR QUESTIONS: September 30, 2024

RESPONSE DEADLINE: October 8, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Refuse Containers & Compactors, Commercial and Residential

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Insurance

Attachments:

A - IFB 24-293 Agreement

#IFB- 24 - 293

Title: Refuse Containers & Compactors, Commercial and Residential

1. Introduction

1.1. Summary

Scope of Work:

Vendor shall provide all labor, materials, supervision, tools, equipment, and vehicles necessary to furnish and deliver refuse containers, compactors and related products, for the Sanitation Department, Commercial and Residential.

1.2. Contact Information

Sakha Reed Senior Procurement Analyst One 4th Street North St. Petersburg, FL 33701 Email: sakha.reed@stpete.org Phone: (727) 551-3991

Department:

Sanitation

1.3. Timeline

*Timeline is subject to change

Solicitation Published September 6, 2024

Pre-Proposal Meeting (Non-Mandatory) September 11, 2024, 10:00am

2001 28th St N, St Petersburg, Florida 33713

Deadline for Questions September 30, 2024, 3:00pm

Deadline for Question Response October 2, 2024, 3:00pm

Deadline for Submittals October 8, 2024, 3:00pm

Evaluation/Shortlisting October 15, 2024, 3:00pm

Anticipated Recommendation of Award to

City Council

November 21, 2024 mailto:sakha.reed@stpete.org tel:(727)551-3991

2. Solicitation Information

2.1. Submission or Receipt of Bid

Bids will be received through the City’s online bidding system no later than 3:00 pm on Tuesday, October

8, 2024.

2.2. Standard for Award

The City will award per table/group (not per line) to the lowest responsive, responsible bidder.

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:

• Please ensure the pricing table(s) cost is completed. Vendors can bid on one or more pricing tables, but must bid on all lines of that table.

• Please upload pdf document of cost pricing table(s) that the bidder is bidding on.

https://procurement.opengov.com/portal/stpete/projects/112794

3. Vendor Questionnaire

3.1. General Information

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

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

☐ No

*Response required

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

☐ No

*Response required

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

☐ No

*Response required

3.1.4. Address for Headquarters location.*

*Response required

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

3.1.6. Contact Information for Contact Person.*

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

• Name

• Title

• Phone

• Email

*Response required

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

*Response required

3.1.8. Year the Company was Founded.*

*Response required

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

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

3.1.11. Company’s bank of record.*

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

*Response required

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

*Response required

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

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

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

*Response required

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

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

*Response required

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

☐ No

*Response required

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

*Response required

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

☐ Yes

☐ No

*Response required

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

Florida Statute §286.101 (3)(a).

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

☐ No

*Response required

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

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

☐ No

*Response required

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

3.1.24. 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

3.1.25. Does the Vendor have the necessary personnel, facilities, equipment, ability, experience, financial resources and special qualifications to perform work in a satisfactory manner within the time specified? * ☐ Yes

☐ No

*Response required

3.1.26. The vendor acknowledges that the City may award to multiple vendors.

Vendors can bid on one or more pricing tables, but must bid on all lines of that table. The City shall award per table/group (not per line) by written notice to the lowest responsible and responsive bidder.* ☐ Yes

☐ No

*Response required

3.1.27. Vendor must upload pdf document of cost pricing table(s) that the bidder is bidding on.*

4. Scope of Work

4.1. Intent

The City of St. Petersburg is seeking responses from qualified vendors to provide all labor, materials, supervision, tools, equipment, and vehicles necessary to furnish and deliver refuse containers, compactors and related products, for the Sanitation Department on an as-needed basis.

4.2. Contract Term

The initial term of the agreement is five (5) years from date of contract execution, and may, by mutual agreement of the parties, be renewed for one (1), three (3) year renewal period.

4.3. Minimum Qualifications

At a minimum, Vendor must meet the following qualifications:

1. Have been in the business of providing refuse containers, compactors, and related products for both commercial and residential applications as described herein for a minimum of five (5) years.

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

3. Own or have immediate access to the equipment required to provide the goods.

4. Be able to provide goods without the use of subcontractors.

4.4. Vendor Responsibilities

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

1. Vendor shall provide a single point of contact to administer the Agreement.

2. Vendor shall maintain Minimum Qualifications as stated in bid for the term of the agreement.

3. Be able to deliver/ship goods.

4. Deliverables

a. Ensure all goods are serviceable when delivered.

4.5. 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 shall inspect all deliverables upon receipt.

5. Cost Proposal

COMMERCIAL COMPACTORS AND ROLL-OFFS

Line Item Description Estimated

Quantity Unit of

Measure Unit Cost No Bid Total

1 2 Carts: dock and side dumping, 2,500 LB.

capacity.

5 Each

2 5 Compactor, power packs, unit with 10 HP power pack hydraulic motor, 3 phase electric motor for self contained compactor

5 Each

3 6 Compactor, power packs, Unit with 10

HPA power pack, hydraulic motor, single phase electric motor, for self contained compactor

5 Each

4 9 Compactor, self-contained, 17 CY 3 Each

5 7 Compactor, self-contained, 20 CY 3 Each

6 8 Compactor, self-contained, 15 CY 1 Each

7 10 Compactor, self-contained, 24 CY 3 Each

8 11 Compactor, self-contained, 25 CY 3 Each

9 12 Compactor, self-contained, 30 CY 5 Each

10 13 Compactor, self-contained, 36 CY 3 Each

Line Item Description Estimated

Quantity Unit of

Measure Unit Cost No Bid Total

11 14 Compactor, vertipack, 2 CY, Marathon, TC HD, or approved equal

3 Each

12 15 Compactor, vertipack, 2.5 CY, Marathon, TC HD, or approved equal

3 Each

13 16 Compactor, vertipack, 3 CY, Marathon, TC HD, or approved equal

3 Each

14 40 Container, commercial, open top, roll-off, 10 CY.

2 Each

15 41 Container, commercial, open top, roll-off, 20 CY.

20 Each

16 42 Container, commercial, open top, roll-off, 30 CY.

20 Each

17 43 Container, commercial, open top, roll-off, 40 CY.

10 Each

18 44 Container, commercial, recycling, closed top with five (5) compartments, roll-off, tailgate gaskets, full back door, 20 CY.

2 Each

19 45 Container, commercial, recycling, closed top with four (4) compartments, roll-off, tailgate gaskets, full back door, 20 CY.

2 Each

Unit of

Measure Unit Cost No Bid Total

20 46 Container, commercial, recycling, closed top with one (1) compartment roll-off, tailgate gaskets, full back door, 20 CY.

2 Each

21 47 Container, commercial, recycling, closed top with three

(3) compartments, roll-off, tailgate gaskets, full back door, 20 CY.

2 Each

22 48 Container, commercial, recycling, closed top with two (2) compartments, roll-off, tailgate gaskets, full back door, 20 CY.

2 Each

23 49 Container, compaction, octagon, (breakaway), 16 CY.

Mfg./Model No.

Marathon/RJ-160C or approved equal.

2 Each

24 50 Container, compaction, octagon, (breakaway), 27 CY.

Mfg./Model No.

Marathon/RJ-160C or approved equal.

2 Each

25 51 Container, compaction, octagon, (breakaway), 37 CY.

Mfg./Model No.

Marathon/RJ-160C or approved equal.

2 Each

Unit of

Measure Unit Cost No Bid Total

26 52 Container, compaction, octagon, (breakaway), 40 CY.

Mfg./Model No.

Marathon/RJ-160C or approved equal.

3 Each

27 53 Container, compaction, octagon, (breakaway), 43 CY.

Mfg./Model No.

Marathon/RJ-160C or approved equal.

2 Each

28 69 Container, roll-off, sludge, fiberglass lid.

5 Each

COMMERCIAL CONTAINER SKIDS

Quantity Unit of

Measure Unit Cost No Bid Total

1 56 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 30" x 69 1/2".

20 Each

2 57 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 30" x 76".

10 Each

3 58 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 36" x 69 1/2".

35 Each

4 59 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 36" x 72".

20 Each

Unit of

Measure Unit Cost No Bid Total

5 60 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 48" x 69 1/2".

20 Each

6 61 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 48" x 72".

20 Each

7 62 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 72" x 72".

20 Each

8 63 Container, front load, 6" lip, 7 gauge bottom, 2 skids, drain hole, 72" x 79".

55 Each

RECYCLE CONTAINERS AND PARTS

Quantity Unit of

Measure Unit Cost No Bid Total

1 66 Container, recycling, RFID, blue, large, 94-96 gallon.

1,400 Each

2 67 Container, recycling, RFID, blue, medium, 64-66 gallon.

1,400 Each

3 68 Container, recycling, RFID, blue, small, 32-35 gallon.

1,400 Each

COMMERCIAL ALUMINUM CONTAINERS

Unit of

Measure Unit Cost No Bid Total

1 32 Container, commercial, front load, marine grade aluminum, includes lid, 2 CY.

10 Each

2 33 Container, commercial, front load, marine grade aluminum, includes lid, 3 CY.

20 Each

3 34 Container, commercial, front load, marine grade aluminum, includes lid, 4 CY.

20 Each

RESIDENTIAL CONTAINERS AND PARTS

Quantity Unit of

Measure Unit Cost No Bid Total

1 1 Axle, 90 gallon, 22"x

5/8, solid steel, zinc plated

500 Each

2 17 Container, 100% cross-linked polyethylene, granny hatch lid, 300 gallon, black, old style

100 Each

3 18 Container, 100% cross-linked polyethylene, granny hatch lid, 300 gallon, brown, old style

50 Each

4 19 Container, 100% cross linked polyethylene, granny hatch lid, 300 gallon, green, old style

100 Each

Unit of

Measure Unit Cost No Bid Total

5 54 Container, cross linkable polyethylene, black 60 gallon

200 Each

6 55 Container, crosslink polyethylene, midnight shower black, wheels, axles, 38 LB, 90 gallon

3,000 Each

7 64 Container, polyethylene, black, 60 gallon

200 Each

8 65 Container, polyethylene, black, 90 gallon

1,000 Each

9 70 Container, UV stabilized, cross-linkable high density polyethylene, lid, 200 gallon, 2/3 opening, green, old style

20 Each

10 71 Container, UV stabilized, cross-linkable high density polyethylene, lid, 300 gallon, 2/3 opening, black, new style

500 Each

11 72 Container, UV stabilized, cross-linkable high density polyethylene, lid, 300 gallon, 2/3 opening, black, old style

20 Each

12 73 Container, UV stabilized, cross-linkable high density polyethylene, lid, 300 gallon, 2/3 opening, brown, new style

Unit of

Measure Unit Cost No Bid Total

13 74 Container, UV stabilized, cross-linkable high density polyethylene, lid, 300 gallon, 2/3 opening, clay, new style

100 Each

14 75 Container, UV stabilized, cross-linkable high density polyethylene, lid, 300 gallon, 2/3 opening, green, new style

400 Each

15 76 Container, UV stabilized, cross-linkable high density polyethylene, lid, 300 gallon, 2/3 opening, grey, new style

100 Each

16 77 Handle, 90 gallon, structural foam container, 5/16" bolt holes, carbon steel with

Permatex coating

500 Each

17 78 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, 2/3 opening, black, new style

200 Each

18 79 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, 2/3 opening, brown, new style

200 Each

Unit of

Measure Unit Cost No Bid Total

19 80 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, 2/3 opening, brown, new style

100 Each

20 81 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, 2/3 opening, clay, new style

100 Each

21 82 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, 2/3 opening, green, new style

100 Each

22 83 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, 2/3 opening, grey, new style

100 Each

23 84 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, front one

(1) piece lid, black

200 Each

24 85 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, rear lid, black

200 Each

Unit of

Measure Unit Cost No Bid Total

25 86 Lid, 300 gallon container, UV stabilized, cross-linkable high density polyethylene, split, double walls, left and right, black

200 Each

26 87 Lid, 90 gallon container, UV stabilized, cross-linkable medium density polyethylene, black polymer, 700 Each

27 88 Lid, commercial, 100% cross- linked polyethylene, black polymer, 36" x 31", minimum weight 8 LB

100 Each

28 89 Lid, commercial, 100% cross-linked polyethylene, black polymer, 36" x 41", minimum weight 10

LB

100 Each

29 90 Lid, commercial, 100% cross-linked polyethylene, black polymer, 36" x 46", minimum weight 12

LB

100 Each

30 91 Lid, commercial, 100% cross-linked polyethylene, black polymer, 36" x 49", minimum weight 12

LB

Unit of

Measure Unit Cost No Bid Total

31 92 Lid, commercial, 100% cross-linked polyethylene, black polymer, 36" x 58", minimum weight 15

LB

600 Each

32 93 Lid, granny hatch, 300 gallon container, 100% cross-linked polyethylene, black polymer

200 Each

33 94 Lids, recycling, sliding, 30" x 30", 100% cross linked polyethylene, black polymer, minimum weight 7 LB, 90 gallon

100 Each

34 95 Rod, 300 gallon granny hatch, hinge, PVC

1,000 Each

35 96 Rod, 300 gallon, hinge, PVC 1,000 Each

36 97 Wheel, 10", 100% cross-linked polyethylene, black polymer

5,000 Each

COMMERCIAL CONTAINERS AND PARTS

Quantity Unit of

Measure Unit Cost No Bid Total

1 3 Caster, Rigid, Rubber 1,000 Each

2 4 Caster, Swivel, Rubber 1,000 Each

Unit of

Measure Unit Cost No Bid Total

3 20 Container, commercial, double wall, plastic lids, 1 CY, slant top. 7 gauge

20 Each

4 21 Container, commercial, double wall, plastic lids, 2 CY, slant top. 7 gauge

75 Each

5 22 Container, commercial, double wall, plastic lids, 3 CY, flat top. 7 gauge

10 Each

6 23 Container, commercial, double wall, plastic lids, 3 CY, slant top. 7 gauge

90 Each

7 24 Container, commercial, double wall, plastic lids, 4 CY, flat top, plastic side. 7 gauge

20 Each

8 25 Container, commercial, double wall, plastic lids, 4 CY, slant top. 7 gauge

50 Each

9 26 Container, commercial, double wall, plastic lids, 6 CY, slant top, plastic side. 7 gauge

30 Each

10 27 Container, commercial, double wall, plastic lids, 6 CY, slant top. 7 gauge

80 Each

11 28 Container, commercial, double wall, plastic lids, 8 CY, slant top. 7 gauge

80 Each

Unit of

Measure Unit Cost No Bid Total

12 20 Container, commercial, double wall, plastic lids, 1 CY, slant top. 10 gauge

20 Each

13 21 Container, commercial, double wall, plastic lids, 2 CY, slant top. 10 gauge

75 Each

14 22 Container, commercial, double wall, plastic lids, 3 CY, flat top. 10 gauge

10 Each

15 23 Container, commercial, double wall, plastic lids, 3 CY, slant top. 10 gauge

90 Each

16 24 Container, commercial, double wall, plastic lids, 4 CY, flat top, plastic side. 10 gauge

20 Each

17 25 Container, commercial, double wall, plastic lids, 4 CY, slant top. 10 gauge

50 Each

18 26 Container, commercial, double wall, plastic lids, 6 CY, slant top, plastic side.

10 gauge

30 Each

19 27 Container, commercial, double wall, plastic lids, 6 CY, slant top. 10 gauge

80 Each

20 28 Container, commercial, double wall, plastic lids, 8 CY, slant top. 10 gauge

80 Each

Unit of

Measure Unit Cost No Bid Total

21 29 Container, commercial, front load, high density crosslink polyethylene, includes lid, 2 CY.

10 Each

22 30 Container, commercial, front load, high density crosslink polyethylene, includes lid, 3 CY.

20 Each

23 31 Container, commercial, front load, high density crosslink polyethylene, includes lid, 4 CY.

20 Each

35 35 Container, commercial, metal lids, 6 CY, flat top, metal lids, plastic side sliding doors.

5 Each

36 36 Container, commercial, metal lids, 6 CY, flat top, metal lids.

5 Each

37 37 Container, commercial, metal lids, 6 CY, flat top, plastic lids, plastic side sliding doors.

10 Each

38 38 Container, commercial, metal lids, 8 CY, flat top, double wall plastic lids, plastic side sliding.

30 Each

39 39 Container, commercial, metal lids, 8 CY, flat top, metal lids.

5 Each

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 Monday, September 30, 2024. Questions will be answered via City's online sourcing system no later than 3:00 pm on Wednesday, October 2, 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/112794 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/112794 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 all bonds 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.

6.27. Exceptions to Terms and Conditions

If the Vendor takes exceptions to the terms and conditions of the solicitation and refuses to withdraw such exceptions, the City may deem the Vendor nonresponsive if the City determines that negotiating with the

Vendor to address such exceptions may affect the fair treatment of other vendors.

7. Insurance

7.1. 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.

7.2. Commercial Automobile Liability

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

7.3. 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.