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City of Port St. Lucie

20270016

TRAFFIC SIGNAL MAST ARMS (TSMA) INSPECTION SERVICES

RELEASE DATE: September 28, 2026 RESPONSE DEADLINE: October 30, 2026, 3:30 pm

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

Invitation For Bid (IFB) #20270016 Title: Traffic Signal Mast Arms (TSMA) Inspection Services

Table Of Contents

1. Introduction

2. Scope of Work

3. Instructions to Contractors

4. General Insurance

5. Proposal Certification & Permits

6. IFB Bid Factors

7. Cost Table

8. Cost/Pricing

9. Evaluation and Award

10. Contract Terms and Conditions

11. List of IFB Documents

12. Vendor Submission Requirements and Attestations

Attachments:

A - Sample_Contract_#_20270016

1. Introduction

1.1. Purpose of Procurement

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

(“IFB”) is being issued to establish a Contract with one or more qualified Contractors who will provide Traffic Signal Mast Arms (TSMA) Inspection Services to the City of Port St. Lucie (hereinafter, “City”) as further described in this IFB.

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

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

Please contact the Issuing Officer with any questions.

1.2. Overview of the IFB Process

The objective of the IFB is to select one (1) or more qualified Contractor (as defined by Section 1 – “Purpose of Procurement”) to provide the goods and/or services outlined in this IFB to the City. This IFB process will be conducted to gather and evaluate responses from Contractors for potential award.

All qualified Contractors are invited to participate by submitting responses, as further defined below.

After evaluating all Contractor’s responses received prior to the closing date of this IFB and resolution of any Contract exceptions, the preliminary results of the IFB process will be publicly announced, including the names of all participating Contractors and the evaluation results. Subject to the protest process, final Contract award(s) will be publicly announced thereafter.

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

1.3. Schedule of Events

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

Release of IFB: September 28, 2026 https://library.municode.com/fl/port_st._lucie/codes/code_of_ordinances?nodeId=TITIIIAD_CH35FIPU_S35.07FOBIPR https://www.cityofpsl.com/discover-us/about-psl

Pre-Proposal Meeting (Non- Mandatory):

October 12, 2026, 10:00am

Agenda

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/2 23433921163922?p=f5Suak7CyYTjlB8

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Meeting ID: 223 433 921 163 922 Passcode: s3CJ2pz6

Dial in by phone +1 561-437-3554,, Find a local number Phone conference ID: 664 830 173#

Question Submission Deadline: October 16, 2026, 4:00pm

Question Response Deadline: October 23, 2026, 5:00pm

Response Submission Deadline: October 30, 2026, 3:30pm

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/2 77106281489789?p=Yq44vGjN29L91

8T4KD

Meeting ID: 277 106 281 489 789 Passcode: nc9mZ2sy Dial in by phone +1 561-437-3554,, Find a local number Phone conference ID: 743 044 761# https://government-project.s3.amazonaws.com/303019/84cb6fb5-b89a-4624-86ed-168b70782572_Agenda.pdf https://teams.microsoft.com/meet/223433921163922?p=f5Suak7CyYTjlB8VO1 https://teams.microsoft.com/meet/223433921163922?p=f5Suak7CyYTjlB8VO1 https://teams.microsoft.com/meet/223433921163922?p=f5Suak7CyYTjlB8VO1 https://teams.microsoft.com/meet/277106281489789?p=Yq44vGjN29L918T4KD https://teams.microsoft.com/meet/277106281489789?p=Yq44vGjN29L918T4KD https://teams.microsoft.com/meet/277106281489789?p=Yq44vGjN29L918T4KD

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

1.4. Official Issuing Officer (Procuring Agent)

Max Previlon, Add Title

O. add phone # mprevilon@cityofpsl.com

1.5. Definition of Terms

Please review the following terms:

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

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

IFB.

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

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

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

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

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

- Sourcing Platform/Electronic Bidding System - OpenGov.

- Electronic Bid Bond ("eBond") – a digitally executed surety bond submitted through an approved electronic surety platform (Surety2000), carrying the same legal standing as a traditional bond and subject to all requirements in Section 5.1.

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

1.6. Contract Term

The Initial term of the contract(s) is for three (3) /two (2) calendar years or three hundred sixty (360) calendar days (EDIT/ADD terms) from the execution date . The City shall have three (3), one (1) year option(s) or one (1), two (2) year option(s) (EDIT/ADD/DELETE renewal terms) to renew, which options shall be exercisable at the sole discretion of the City. Renewal(s), if provided and selected solely by the City, will be accomplished through the issuance of Contract Amendment.

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

1.6.1 Hours of Service

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

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

2. Scope of Work

2.1. Scope of Work

General Description/ Requirements

• This is a structural inspection of the traffic signal mast arms and Overhead Sign Structures. The inspection will not include items related to functioning of the traffic signal. Mast Arm is a Structure that cantilevers over traffic. Each upright can have a single or double mast arm. The primary components are the foundation, the base plate, anchor rods, pole to base plate connection, pole, mast arm to pole connection, and mast arm(s). The mast arm horizontal member(s) (arm(s)) and the high light, pole top and the luminaries may be inspected using binoculars, with hands-on inspection if problem areas are detected.

• All Mast Arms in each intersection shall have one representative structural alpha numeric number. If there is an uncertainty as to the appropriate number, the City Project Manager should be contacted. The photo of each structural number should be added to report.

• The Consultant will perform (1) one full inspection cycle (60 Months).

• The Consultant shall coordinate with the City Project Manager to develop a five (5) year inspection plan. The plan is subject to change due to re-inspections or unforeseen occurrences.

• Each final Traffic Signal Mast Arm inspection report shall be signed by the field bridge inspector, which confirms the accuracy and completeness of all the report contents.

• The Consultant shall research documentation for recording mast arms identification data, the date erected, date manufactured erector and manufacturer. Much of this data will be provided by the City to the Consultant.

• The City shall conduct a Project kick-off meeting after the Consultant has received the Notice to Proceed (NTP) from the City. The NTP is often the Purchase Order issued by the City or the executed contract. This meeting will include but will not be limited to the following personnel; City’s Project Manager, City’s Traffic Operations Division Administrator, and the City’s Inspection Staff Supervisor. At the Project kick-off meeting the Consultant will provide the City with a proposed work schedule, and organization chart, and emergency contacts.

Field Inspection

• An inspection team will usually consist of a Team Leader and an Assistant. Due to the extent of welded members found in most ancillary structures, it desirable for at least one team member to have experience in visual weld inspection as well as training in locating and recognizing fatigue cracking. The Team Leader should be confirmed officially by the Florida Department of

Transportation (FDOT) as a Certified Bridge Inspector. Qualifications for Certification as a Bridge Inspector are stated in the Rules of the Florida Department of Transportation, Chapter 14-48.07. A qualified inspector must be in the field to supervise inspection activities at all times. To be qualified, an individual should be “CBI” or must be registered as a Professional Consultant in Florida and experienced in the inspection of Bridge Structures according to the National Bridge Inspection Standard.

• Every visible surface of all members of each Traffic Signal Mast Arm must be inspected. If any components cannot be examined due to debris, vegetation, or similar obstructions, they should be cleaned—provided the required effort is not excessive. “Excessive effort” is defined as any cleaning activity that would take the inspection team more than two hours to complete. The City Project Manager must be consulted before beginning any major cleaning work.Any surface or elements that still cannot be inspected before the report is finalized must be noted in the report, along with an explanation of why inspection was not possible.

• Where deficiency dimensions are documented, the actual width, length and location on the member should be recorded. In cases where dimensioning every deficiency is impractical, the FDOT’s Table of Deficiency Dimension Classes, must be used in lieu of undefined general term, such as narrow, fine, etc.

• If by field observation, deficiencies are sufficiently critical to warrant immediate and substantial traffic restrictions or present an imminent hazard to the public; the City Project Manager or designated representative must be immediately verbally notified. Verbal notification must be confirmed with written notification within 24 hours.

• Traffic control procedures must be in accordance with the FHWA/USDOT Manual on Uniform Traffic Control Devices and FDOT’s Roadway and Traffic Design Standards. All Lane Closure Requests must be submitted 7 calendar days prior to the closure date.

Inspection Report

• The Consultant will develop the Traffic Signal Mast Arm or Overhead Sign Structure inspection reports utilizing the software of their choice. Final version(s) shall be submitted in hard copy and Adobe PDF format. The layout of the report(s) shall be similar and include all information that is provided in the report prepared by FDOT’s Bridge Management System PONTIS software (latest version).

• Deficiencies described in previous inspection reports must be addressed again in the current report. Terminology not commonly understood by non-inspection personnel should be minimized and undefined values or rating shall not be used. An inspection report must provide a comprehensive description of all deficiencies and state probable causes of the deficiencies, specific required corrective action and contain an evaluation of any previous corrective action. Any deficiency that doesn’t fit within the standard report framework should be addressed in an addendum and attached to the report.

• Deficiencies shall be reported in the same numerical order as they appear in the inspection report and shall be indexed by the element number. Under each element subheading all deficiencies and their causes shall be reported referencing any attached sketches and photograph by number.

• Deficiencies shall be described in enough detail to allow rates of change to be monitored over consecutive inspections. This requires liberal use of size and location dimensions, sketches and photographs. A sketch illustrates only the essential features of a deficiency without distracting detail and whenever it is more effective, a sketch shall be used in lieu of a photograph.

• Photographs shall be used only when a sketch is not practical or to illustrate one typical example of severe and/or common type of deficiencies, photographs illustrating a typical example must be taken. When a photograph is taken, an object that provides a sense of scale such as a ruler should always be included in the photograph. The date the photograph was taken and the mast arm description (location) shall always be marked on the front. Photograph shall be taken in color.

When photographs are included in the report, each copy of the report submitted to the City shall include a color print of each photograph. All photographs shall become part of the report.

• Each inspection report shall be a stand-alone document. Letter size paper shall be used for reports.

• Reports must have a close numbering system, with the total number of pages in the report shown on each page, for example, Page 10 of 17.

• The Consultant will provide each inspection report with the structure location maps for the purpose of illustrating the physical location of each structure.

Evaluation of Previous Corrective Action

• The purpose of this section is to evaluate the effectiveness of repairs that were performed since the previous inspection. Repairs recommended in previous inspection but not completed shall be addressed in the Recommended Corrective Action Section. Each repair should be inspected carefully to determine if the repair effectively corrected the deficiency. The written evaluation of each repair should be presented in this section.

Corrective Action

• This section shall contain all deficiencies requiring maintenance, repairs, or rehabilitation with recommended corrective action for each deficiency without addressing methods, quantities, or cost of such action. All deficiencies identified shall be included in this section if only to note that no corrective action is required.

• Deficiencies serious enough to cause a current or imminent traffic safety hazard must be flagged in the left margin with the word “CRITICAL” in capital letters adjacent to the element number. The following items are considered critical deficiencies:

o Cracks or fatigue related deficiencies in fracture critical structural members.

o Deficiencies that require immediate attention and are deemed critical must be signed by the register Professional Consultant.

Publications

• National Bridge Inspection Standards Code of Federal Regulations 23, Part 650, Subpart C.

• Manual for Condition Evaluation of Bridges American Association of State Highway and Transportation Officials (AASHTO)

• Bridge Inspector’s Reference Manual U.S. Department of Transportation/Federal Highway Administration (UDOT/FHWA)

• Inspection of Fractural Critical Bridge Members FHWA-IP-86026.

Deliverables

The Consultant shall supply the City the following in CD format and one (1) original hard copy, 60 calendar days after completion of each field inspection:

• Signed Traffic Signal Mast Arm & Overhead Sign Structure Inspection Reports w/ photographs

- Each report will contain all documentation specified by this contract.

• Monthly Progress Report (PDF Only).

Administrative and Project Management Support

Provide administrative and project management support throughout the project.

This includes:

• Coordination with City staff

• Oversight of project tasks and schedule

• Facilitation of communications between stakeholders

Schedule of Work – Time of Performance

Will begin the analysis upon receipt of the Notice to Proceed (NTP) and complete the report as outlined, within the 60 calendar day timeframe.

3. Instructions to Contractors

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

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

1. Has read the information and instructions, and

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

3.1. General Information and Instructions

3.1.1 Familiarity with Laws and Regulations

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

3.1.2 Restrictions on Communicating with Staff/ Cone of Silence

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

3.1.3 Submitting Questions

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

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

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

3.1.4 Attending Bidders'/Offerors' Conference

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

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

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

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

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

3.1.6 Failing to Comply with Submission Instructions

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

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

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

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

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

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

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

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

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

3.1.9 Assigning of the Contract & Use of Subcontractors

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

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

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

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

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

3.1.10 Proposal of Additional Services

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

3.1.11 Protest Process

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

3.1.12 Costs for Preparing Responses

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

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

3.1.13 Public Access to Procurement Records

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

3.2. Submittal Instructions

Submittal Instructions to Electronic Bidding System

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

3.2.1 IFB Released

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

3.2.2 IFB Review

The IFB 20270016 consists of the following: this document, entitled “Traffic Signal Mast Arms (TSMA) Inspection Services,” and any and all information included in the IFB, as posted to OpenGov, including any and all documents provided by the City as attachments to the IFB or links contained within the IFB or its attached documents.

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

3.2.3 Preparing a Response

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

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

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

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

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

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

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

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

3.2.4 Reviewing, Revising, or Withdrawing a Submitted Response

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

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

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

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

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

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

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

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

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

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4. General Insurance

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

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

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

4.1. Indemnification/Hold Harmless

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

4.2. Workers’ Compensation Insurance & Employer’s Liability

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

4.3. Commercial General Liability Insurance

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

Each occurrence $1,000,000

Personal/advertising injury $1,000,000

Products/completed operations aggregate

$2,000,000

General aggregate $2,000,000

Fire damage $100,000 any 1 fire

Medical expense $10,000 any 1 person

4.4. Additional Insured

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

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

Except as to Workers' Compensation and Employers' Liability insurance, Certificates of Insurance and policies shall clearly state that coverage required by the Contract has been endorsed to include the City of Port St. Lucie, a municipality of the State of Florida, its officers, agents and employees as Additional Insured for Commercial General Liability and Business Auto Liability policies. The name for the Additional Insured endorsement issued by the insurer shall read: "City of Port St. Lucie, a municipality of the State of Florida, its officers, employees and agents shall be listed as additional insured and include Traffic Signal Mast Arms (TSMA) Inspection Services Contract #20270016” Copies of the Additional Insured endorsements shall be attached to the Certificate of Insurance. The policies shall be specifically endorsed to provide thirty (30) days written notice to the City prior to any adverse changes, cancellation, or non-renewal of coverage thereunder. Formal written notice shall be sent to City of Port St. Lucie, 121 SW Port St. Lucie Blvd., Port St. Lucie, FL 34984, Attn: Procurement. In the event that the statutory liability of the City is amended during the term of this Contract to exceed the above limits, the Contractor shall be required, upon thirty (30) days written notice by the City, to provide coverage at least equal to the amended statutory limit of liability of the City. Copies of the Additional Insured endorsement shall be attached to the Certificate of Insurance.

4.5. Business Automobile Liability Insurance

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

4.6. Waiver of Subrogation

By entering into this Contract, the Proposer agrees to a Waiver of Subrogation for each required policy.

When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss Contract to waive subrogation without an endorsement then the Vendor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should Proposer enter into such a Contract on a pre-loss basis.

4.7. Deductibles

All deductible amounts shall be paid for and be the responsibility of the Proposer for any and all claims under this Contract. Where an SIR or deductible exceeds $5,000, the City reserves the right, but is not obligated, to review and request a copy of the bidder’s most recent annual report or audited financial statement.

4.8. Compliance

It shall be the responsibility of the Proposer to ensure that all independent contractors and/or subcontractors comply with the same insurance requirements referenced herein. It shall be the responsibility of the Proposer to obtain Certificates of Insurance from all independent contractors and subcontractors listing the City as an Additional Insured without the language “when required by written contract”. If the Proposer, independent contractor and/or subconsultant maintain higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Proposer/independent contractor/subcontractor.

The Proposer may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employers’ Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employers’ Liability. When required by the insurer, or when Umbrella or Excess Liability is written on Non-Follow Form, the City shall be endorsed as an "Additional Insured."

The City by and through its Risk Management Department reserves the right, but is not obligated, to review, modify, reject or accept any required policies of insurance, including limits, coverages or endorsements, herein from time to time throughout the term of this Contract. All insurance carriers must have an AM Best rating of at least A:VII or better.

A failure on the part of the Proposer to execute the contract and/or punctually deliver the required insurance certificates and other documentation may be cause for annulment of the award.

4.9. Installation Floater Insurance

Contractor shall purchase and maintain Installation Floater insurance in an amount equal to 100% of the completed value of the project (contractor´s labor, equipment, materials, or fixtures to be installed, in-transit, or stored off-site during the performance of the contract) including any amendments thereto (without coinsurance). The Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the work site. Coverage shall be written on an all risk, replacement cost basis and shall include coverage for fire, lightening, windstorm/and hail, theft, flood and earth movement as well as coverage for losses that may occur during equipment testing. The policy shall include coverage for pollutant cleanup, debris removal, demolition, water damage, backup of sewer and drains, installation/testing of traffic signals and signs. Policy shall be maintained until whichever of the following shall first occur: (1) final payment has been made; or, (2) until no person or entity, other than the City of Port St. Lucie, has an insurable interest in the property required to be covered. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the City of Port St. Lucie. The Installation Floater shall provide coverage from the time the equipment/material becomes the responsibility of the Contractor and shall continue without interruption during the installation, including any time during which the equipment/material is being transported to the installation site, or awaiting installation, whether on or off site. Contractor is responsible for the payment of all deductibles under the Installation Floater policy. The Installation Floater coverage shall include a waiver of subrogation rights endorsement in favor of the City.

4.10. Pollution Insurance

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