Securing_of_Structures.pdf

IFB- 24 - 312

SECURING OF STRUCTURES

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: December 5, 2024

DEADLINE FOR QUESTIONS: December 27, 2024

RESPONSE DEADLINE: January 7, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Securing of Structures

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Cost Proposal

VI. General Terms

VII. Insurance

Attachments:

A - S-03 Agreement

#IFB- 24 - 312

Title: Securing of Structures

1. Introduction

1.1. Summary

The City of St. Petersburg is soliciting responses from qualified, experienced, and licensed contractors to board and protect open structures from access and additional damage from exposure to the elements after vandalism or other damage. These services will be on an as-needed basis. The City intends to award to a City of St. Petersburg Certified Small Business Enterprise (SBE), upon availability.

1.2. Contact Information

Kendal Dyksterhouse Procurement Analyst P.O. Box 2842 St. Petersburg, FL 33731 Email: kendal.dyksterhouse@stpete.org Phone: (727) 893-7225

Department:

Code Compliance

1.3. Timeline

*Timeline is subject to change

Solicitation Published December 5, 2024

Deadline for Questions December 27, 2024, 3:00pm

Deadline for Submittals January 7, 2025, 3:00pm mailto:kendal.dyksterhouse@stpete.org tel:(727)893-7225

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, January

7, 2025.

2.2. Standard for Award

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

The City intends to award to a City of St. Petersburg Certified Small Business Enterprise (SBE), upon availability.

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:

• Completed Cost Proposal https://procurement.opengov.com/portal/stpete/projects/116379

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.

3.2. Service Contracts Over $200,000

3.2.1. Does vendor employ more than 50 full time employees?*

☐ Yes

☐ No

*Response required

3.2.2. If YES, does the vendor agree to comply with the living wage requirements set forth in the St. Petersburg City Code? * ☐ Yes

☐ No

*Response required

3.2.3. 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

3.2.4. Does the Vendor possess all City, County, or State approved certifications(s)/licenses(s) required to perform the work? * ☐ Yes

☐ No

3.2.5. Please attach a copy of your certifications(s)/licenses(s).* *Response required

3.2.6. 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

3.2.7. Please attach your cost proposal

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 for securing of structures for safety and security purposes. The work includes boarding and protecting open structures from access and additional damage from exposure to the elements after vandalism or other damage. These services will be on an as-needed basis.

Vendors must submit pricing for Group A and Group B of the Cost Proposal to be considered for award. Award will be based on Group A pricing only.

The City intends to award to a City of St. Petersburg Certified Small Business Enterprise (SBE), upon availability.

4.2. Contract Term

The initial term of the agreement is three (3) years from date of contract execution, and may, by mutual agreement of the parties, be renewed for one (1), two (2)-year period and if needed, ninety (90) days beyond the expiration date of the current contract period.

4.3. Estimated Annual Expenditure

It is estimated that approximately $50,000 may be purchased annually under this solicitation. This is an estimate only and may vary.

4.4. Minimum Qualifications

The City has identified a set of minimum requirements that a Contractor must meet. Contractors failing to meet these requirements shall be removed from further consideration. Minimum requirements include:

A. Contractor shall have continuously provided securing of structures for at least three (3) years.

B. Contractor shall have a thorough understanding of all the requirements of this Agreement and fully train and instruct its employees in the standards, tasks, and equipment for performance of the requirements.

C. Contractor shall possess and supply all applicable construction contracting licenses required by the State of Florida or Pinellas County. The Contractor shall have possessed these licenses for the last three (3) years and maintain these licenses through the duration of the term of the Agreement.

D. Contractor shall maintain the minimum insurance set forth in the base agreement.

4.5. Vendor Responsibilities

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

A. Contractor shall maintain Minimum Qualifications as stated for the term of the Agreement.

B. Contractor shall self-perform 100% of the work described herein, without the use of subcontractors or subconsultants.

C. Contractor shall provide a single point of contact, who will be readily available during normal business hours to administer the Agreement.

D. Except for emergencies, services will be required from Monday through Friday (excluding City observed holidays).

E. Contractor's Foreman or Supervisor shall be present at the work site at all times.

F. Contractor shall take necessary precautions to prevent work from being exposed to damage, elements, and injury, until the City accepts the work.

G. Contractor shall perform work with little to no interference to private businesses or public travel.

H. Contractor, at its own expense, shall provide and maintain barricades, lights, and protect life and property at the work site.

I. Contractor shall meet the following noise abatement standards:

1. Contractor shall not exceed 80 dBA between the hours of 7:00 a.m. and 6:00 p.m., near residential or commercial property lines.

2. Contractor shall avoid equipment operation between the hours of 6:00 p.m. and 7:00 a.m., but if required, noise levels shall not exceed 65 dBA.

J. Contractor shall not proceed until the requesting department issues a Purchase Order Number from the Project Manager, except in emergency situations for the Police Department and Fire

Department.

K. Contractor shall provide written notice to the requesting department, before continuation of work, for all changes in scope of work.

L. Contractor shall include in the written notice all changes to scope of work, time to complete the work, and detailed, firm prices for completion of work.

M. Contractor shall provide copy of invoices to individual departments with city-wide consolidated reporting capabilities.

4.6. City's Responsibilties

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

A. Each City department shall provide a single point of contact (Project Manager) to administer the Agreement.

B. Each City department Project Manager shall be responsible for notifying the Contractor when securing services are required and for providing the location and address. The department's

Project Manager or Securing Coordinator shall inspect and approve all work, before payment is made.

C. City will be responsible for providing access to the work site.

D. At the expiration of the allowable securing timeframe, an inspection of the structure(s) will be made by the requesting City department. The number and location of openings secured will be verified. If the structure has been satisfactorily secured, the Contractor's invoice for payment will be approved. If the requesting department determines that a structure has not been satisfactorily secured, the Contractor is required to correct deficiencies at no additional cost to the City.

4.7. Procedures for Securing

A. The requesting City department will determine the number and location of openings to be secured.

B. The contractor will be notified in writing by e-mail of the structures to be secured, or by telephone for emergency requests or after-hours requests.

C. For securing requests by Police and Fire, the Contractor shall respond and be on site within two hours of being notified. Police and Fire emergency requests must be responded to within the required timeframe, regardless of the day of the week.

D. The Contractor shall have 48 hours to complete securing requests from other City Departments, or 24 hours for all other emergency requests, unless otherwise extended in writing by the requesting City department.

E. Any deviation from securing the specified openings must be approved by the requesting City department in advance of contractor securing additional or other openings.

F. The contractor shall furnish all other materials, including plywood, paint, hardware, 2 x 4's, securing mechanisms and any other material, if required. All materials must be new unless otherwise approved by requesting City department. Contractor shall stock a reasonable supply of high-use/expendable items to expedite securing assignments.

G. The contractor shall secure all identified exterior openings located on the structure, as well as secure, repair, or erect fencing around pools, around structures and/or lots as specified.

H. In order to comply with City code requirements, the contractor will paint all boards with a color that blends with or harmonizes with the exterior colors of the building to be as inconspicuous as possible. The requesting City department will approve paint colors in advance. In rare cases when a structure is scheduled for demolition, the paint requirement may be waived by the requesting

City department.

I. The contractor may not place scrap wood or securing debris inside the structure, on the property, or in the property's refuse container. The contractor is responsible to properly dispose of all such material offsite.

J. The contractor shall make every attempt to prevent and/or minimize damage to the structure, i.e., breaking window glass, damage to window and door framing, etc.

K. Contractor shall submit a copy of the invoices for all parts/materials procured to the City, along with the billing for the services for which such parts were required. Contractor may charge the

City the cost plus a fixed 15% markup for approved items.

L. Contractor shall not perform any jobs in excess of $25,000 without prior written approval from the City, subject to written approval by the Procurement Director. Change orders for any job shall not exceed $10,000.

M. The Contractor shall charge the normal unit pricing for those securing assignments deemed non-emergencies completed during the week. For emergency calls, after hours, weekends and City designated holidays, Contractor may include a fixed fee for mobilization to include all overhead in addition to the normal unit pricing, as specified by Contractor per the cost proposal pricing page.

N. The Contractor shall contact the requesting City department via telephone or e-mail, if any structures are not completed within the above listed time frames or there is any difficulty in completing the securing assignment.

4.8. Securing

A. Boarding: The Contractor shall secure all openings using plywood as directed by the requesting

City department in accordance with the applicable specifications.

B. Fencing: If directed by the requesting City department, openings may be secured using chain link fencing in place of plywood or by other acceptable means of securing as deemed necessary by the requesting City department.

C. Securing/Re-securing (With Existing Mechanism - Doors, Windows): Whenever an opening can be closed and secured using an existing mechanism (such as locking a door or window, or cranking a window closed), the Contractor shall do so to secure unless otherwise directed by the requesting City department. Securing may also be accomplished by installing screws into an existing window, door, or securing board, but only as directed by the requesting City department.

D. Property or other Structures: The Contractor may be requested to secure a parcel of property or other structures on the property. This includes utility structures, accessory structures, and other structures on the property. The Contractor will be advised by the requesting City department as to the securing method and material to be used.

E. Call-back for Inspections: The City may call back the Contractor to re-open a secure opening for inspection by engineers, environmental inspectors, or other City authorized personnel and to re-close a structure upon completion of the inspection. An hourly charge for waiting on inspection and a charge to open and re-secure shall be included on the cost proposal pricing page.

4.9. Securing Method (Standard)

A. Contractor shall cover openings with one-half inch (1/2") exterior grade CDX plywood, overlapping the opening by a minimum of two (2") inches. Power driven nails may be used to secure plywood covering to masonry or metal surfaces.

B. Acceptable fasteners will be used to secure plywood covering to frame structures.

1. The contractor shall secure the structure using two inch (2") eight penny nails or 1-5/8'' No. 6 deck screws. Tap Con nails are acceptable to use on masonry structures.

C. Maximum clearance at the bottom of door openings shall be one-eighth (1/8") of an inch.

D. When a structure is found to be partially secure with plywood, the contractor shall secure specified openings.

E. Spacing between nails shall not exceed eight (8") inches.

F. Painting of plywood in an appropriate neutral color that blends with the exterior color of the structure will be required. Painting of boards should be completed prior to attachment to the structure, in order to prevent paint residue on the structure itself.

G. Ventilation of plywood is not required.

4.10. Securing Openings

A. Except as noted below, all windows sashes, frames, glass, and hardware are to be undamaged by the boarding installation.

B. All screen inserts are to be removed, marked as to location, and stored in a convenient closet or in the utility room.

C. In all cases wherein it is possible to adjust the position of the sashes to accommodate the specifications for boarding above, the sashes are to remain in the frame.

D. In instances wherein the sashes cannot be adjusted to accommodate the boarding specifications above, the sashes are to be removed from the frames and stored in a convenient closet or in the utility room. This includes all stationary lights secured by stops.

E. In cases wherein the sash cannot be removed and/or the frame is permanently built into the house and cannot be removed (i.e. Fenesta windows) it will be necessary to break the corner panes to accommodate the boarding and bolts. If the location of the bolt holes in the plywood requires modification because of the mounting bar these locations are to be modified. In no case, in any type of window, is a sash or frame part to be damaged.

F. In all instances where items must be removed from the frame and stored, the items shall be clearly marked as to the area from which it was removed.

G. All items are to be stored on edge and braced to prevent accidental tripping, sliding, etc. In no instance is any item to be stored laid flat.

H. Hinged windows are to be completely removed from the frame and stored as stated in (G) above.

If possible, the hinge pins are to be removed and remain with the removed item.

4.11. Removal of Doors, Windows, and/or Other Items

When it is necessary to remove doors, windows, screens, or other items to secure a structure, the following procedure shall be followed:

A. Notify the requesting City department for approval.

B. Clearly mark the area(s) from where item(s) were removed.

C. When possible, all hardware is to remain attached to or with the item(s) removed.

D. Store all removed items inside structure, on edge, braced to prevent tripping, sliding, etc. Under no circumstances are removed items to be stored flat.

4.12. Call-back

Contractor shall not charge the City for follow-up or call-back work to correct improper repairs or installation of substandard materials furnished by the contractor, or faulty workmanship by the contractor.

4.13. Warranty

Contractor shall guarantee and provide warranty as stated at no cost to the City as follows:

1. All work and services (Services) to be performed and all equipment, parts, and materials (Product) to be furnished under the Agreement shall be free from defects in structural and functional design, material, and workmanship.

2. Product and Services shall meet or exceed the standards required by all applicable laws, regulations, ordinances, manufacturer specifications, and appropriate standards generally accepted in the industry.

3. Contractor guarantees and conveys free title of all products upon delivery to the City.

4. Contractor shall, within five (5) continuous days after receipt of written notice thereof, repair or replace any defective materials or workmanship and shall repair or replace other items of the work which were damaged by such defects.

5. If Contractor is unable to remedy defect within five (5) continuous days or if the

Product continues to exhibit defects, causing serious disruption of use or repeated periods of downtime over a continuous period of sixty (60) days, City may reject such

Product and Contractor shall replace with another comparable Product.

6. Contractor agrees to honor all manufacturer’s warranties for the term set forth by the manufacturer which shall commence upon dated, written acceptance by the

Administrator, including defect replacement.

7. Contractor shall warrant all Services and make all necessary adjustments, repairs, and replacements to maintain the Product in good operating condition for a period of ninety

(90) days from the acceptance by the Administrator including any period that extends beyond the expiration date of the Agreement.

5. Cost Proposal

GROUP A: SECURING OF STRUCTURES, 8:00 A.M. TO 5:00 P.M.

Contractor must bid on normal and after hours, weekends, and City recognized holidays to be considered for award.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 First Floor Opening, Standard Method, Plywood; 4' by 4' or less

1 EA

2 First Floor Opening, Standard Method, Plywood; larger than 4' by 4', including Sliding Glass Doors

1 EA

3 Second Floor Opening, Standard

Method, Plywood; 4' by 4' or less

1 EA

4 Second Floor Opening, Standard

Method, Plywood; larger than 4' by 4', including Sliding Glass Doors

1 EA

5 Third Floor or higher opening, Standard Method, Plywood; 4' by 4' or less

1 EA

6 Third Floor or higher opening, Standard Method, Plywood; larger than 4' by 4', including Sliding Glass

Doors

1 EA

7 Secure Opening using existing mechanism

1 EA

8 Install Chain Link Fence around perimeter

1 LF

9 Re-secure Structure; open and re-secure opening for inspection

1 EA

10 Re-secure Structure, hourly charge to stand by during inspection (in addition to item 9 above)

1 HR

11 Garage Door Opening, 8' by 8' or less 1 EA

Line Item Description Quantity Unit of

Measure Unit Cost Total

12 Garage Door Opening, larger than 8' by 8' up to 8' by 16'

1 EA

13 Emergency Service, fixed fee for mobilization in addition to applicable hourly rate or unit pricing

1 EA

TOTAL

GROUP B: SECURING OF STRUCTURES, 5:00 P.M. TO 8:00 A.M., WEEKENDS, AND CITY

RECOGNIZED HOLIDAYS

Contractor must bid on normal and after hours, weekends, and City recognized holidays to be considered for award.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 First Floor Opening, Standard Method, Plywood; 4' by 4' or less

1 EA

2 First Floor Opening, Standard Method, Plywood; larger than 4' by 4', including Sliding Glass Doors

1 EA

3 Second Floor Opening, Standard

Method, Plywood; 4' by 4' or less

1 EA

4 Second Floor Opening, Standard

Method, Plywood; larger than 4' by 4', including Sliding Glass Doors

1 EA

5 Third Floor or higher opening, Standard Method, Plywood; 4' by 4' or less

1 EA

6 Third Floor or higher opening, Standard Method, Plywood; larger than 4' by 4', including Sliding Glass

Doors

1 EA

7 Secure Opening using existing mechanism

Line Item Description Quantity Unit of

Measure Unit Cost Total

8 Install Chain Link Fence around perimeter

1 LF

9 Re-secure Structure; open and re-secure opening for inspection

1 EA

10 Re-secure Structure, hourly charge to stand by during inspection (in addition to item 9 above)

1 HR

11 Garage Door Opening, 8' by 8' or less 1 EA

12 Garage Door Opening, larger than 8' by 8' up to 8' by 16'

1 EA

13 Emergency Service, fixed fee for mobilization in addition to applicable hourly rate or unit pricing

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 Friday, December 27, 2024. Questions will be answered via City's online sourcing system no later than NO VALUE on NO VALUE. 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/116379 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/116379 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 mailto:stephanie.swinson@stpete.org 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.

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.