Tree_Trimming,_Pruning,_and_Removal_Services_(Addendum_#1_Revision).pdf

RFQ- 25 - 078

TREE TRIMMING, PRUNING, AND REMOVAL SERVICES

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: February 7, 2025

DEADLINE FOR QUESTIONS: March 4, 2025

RESPONSE DEADLINE: March 18, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Tree Trimming, Pruning, and Removal Services

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Evaluation Phases

V. Scope of Work

VI. General Terms

VII. Special Terms: Service Contract Exceeding $200k

VIII. Insurance

Attachments:

A - Base Agreement

B - Statement of Qualifications Requirements

#RFQ- 25 - 078

Title: Tree Trimming, Pruning, and Removal Services

1. Introduction

1.1. Summary

The City of St. Petersburg ("City") is seeking responses from qualified vendors to provide tree trimming, pruning, removal, stump grinding, and stump removal services at various locations within the City of St.

Petersburg, on an as needed basis.

The City of St. Petersburg will qualify up to ten (10) responsible and responsive vendors. When projects arise, the City of St. Petersburg will reach out to qualified vendors for quotes. The lowest and available qualified vendor will be awarded the project.

1.2. Contact Information

Victoria Amerson Procurement Analyst 1 4th St N.

Floor 5 St. Petersburg, FL 33731 Email: victoria.amerson@stpete.org Phone: (727) 551-3387

Department:

Citywide

1.3. Timeline

*Timeline is subject to change

Solicitation Published February 7, 2025

Deadline for Questions March 4, 2025, 12:00pm

Deadline for Question Response March 6, 2025, 3:00pm

Deadline for Submittals March 18, 2025, 3:00pm

Evaluation/Shortlisting April 2, 2025, 1:00pm

One 4th St North St. Petersburg, FL 33701 Conference Room 600 mailto:victoria.amerson@stpete.org tel:(727)551-3387

Anticipated Recommendation of Award to

City Council

May 1, 2025

2. Solicitation Information

2.1. Submission or Receipt of Proposal

Statement of Qualifications will be received through the City’s online bidding system no later than 3:00 pm on Tuesday, March 18, 2025.

2.2. Standard for Qualifications

The City will qualify multiple vendors whose statement is determined in writing to be the most advantageous to the City, taking into consideration the evaluation criteria set forth in this solicitation. All awards are contingent on the Vendor meeting the minimum qualifications outlined in this solicitation.

The City reserves the right, at any time, to evaluate more vendors for inclusion on the list of approved vendors. All Vendors must meet the minimum qualifications outlined in this solicitation.

2.3. Selection Process

The City will review responses to this RFQ that meet the minimum requirements set forth herein and are received by the closing date and time stated within the documents.

2.4. Award

Per City Code 2-194 (g): Award, A contract shall be awarded, or recommended for award subject to City

Council approval, if City Council approval is required, to qualified offerors in accordance with the solicitation documents.

2.5. Rejection Rights

The City reserves the right, at any time, to modify, waive or otherwise vary the terms and conditions of this RFQ including, but not limited to, the deadlines for submission and submission requirements. The

City further reserves the right to reject any or all SOQ, to cancel or withdraw this RFQ at any time.

Selection is dependent upon the negotiation of a mutually acceptable contract.

2.6. Submittal Requirements

Please see attachment: Statement of Qualification Requirements https://procurement.opengov.com/portal/stpete/projects/140726

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

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. a. 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

3.3. Statement of Qualification Information

3.3.1. Statement of Qualification *

Please upload your Statement of Qualification (SOQ) per the submittal requirement(s).

4. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Experience 0-10 Points 40 (40% of Total)

2. Firm Specific Qualifications 0-10 Points 30 (30% of Total)

3. References 0-10 Points 15 (15% of Total)

4. Vendor is City of St. Petersburg SBE Pass / Fail 5 (5% of Total)

5. Vendor is City of St. Petersburg MBE Pass / Fail 5 (5% of Total)

6. Vendor is City of St. Petersburg WBE Pass / Fail 5 (5% of Total)

5. Scope of Work

5.1. Intent

The City of St. Petersburg ("City") is seeking to responses from qualified vendors to provide tree trimming, pruning, removal, stump grinding, and stump removal services at various locations within the City of St.

Petersburg, on an as needed basis.

The City of St. Petersburg will qualify up to ten (10) responsible and responsive vendors. When projects arise, the City of St. Petersburg will reach out to qualified vendors for quotes. The lowest and available qualified vendor will be awarded the project.

5.2. Categories

Tree Service vendors may be qualified in one of more of the following three categories:

A. Category I – City Facility Tree Services:

Tree Services may include City of St. Petersburg facilities and public properties such as airports, community centers, fire stations, gardens, golf courses, offices, operations centers, marinas, museums, parks, police stations, public spaces, theaters, utility facilities and water resources facilities.

A. Category II - Right-of-Way Tree Services:

Tree Services may include Florida Department of Transportation (FDOT) Highway, local road streetscapes, right–of-way landscape, bridges, easements, greenways, trails and transportation related sites within the City of St. Petersburg. Please see section 5.5 for FDOT Requirements.

A. Category III - Private Property Services:

Tree Services may include removal from private properties to address trees that are considered hazardous.

Note: Each category may include emergency services when under a State of Local Emergency.

5.3. Contract Term

The initial term of the agreement is three (3) years from date of contract execution, with one (1), two (2) year renewal option by mutual written agreement of the parties.

5.4. Estimated Annual Expenditure

It is estimated that approximately $350,000 may be purchased annually under this solicitation. This is an estimate only and may vary.

5.5. Minimum Qualifications

The Vendor shall submit sufficient documentation to demonstrate compliance with all minimum requirements listed herein. Where a certification or license is required, provide a clearly legible copy of the license and certifications for persons who will actually be performing the work indicated.

The Vendor shall maintain all minimum qualifications and requirements throughout the term of the

Agreement. The City reserves the right to request certifications and licenses periodically for work performed under this agreement. Requests will be made to the Vendor's Project Manager and shall not relieve the Vendor of responsibility for compliance with all Federal, State and Local regulations.

Category I – City Facility Tree Services and Category III – Private Property Services:

At a minimum the Vendor shall meet or exceed the following minimum requirements.

A. Have been in the business of providing tree services as described herein for a minimum of three years and have supervisory staff with a minimum of two years experience in tree trimming and removal services.

B. Have the ability to obtain the minimum insurance requirements set forth in this Agreement.

C. Have the facilities, capacity, equipment, tools and staff to provide continuous timely, quality services for the term of agreement, including emergency service.

1. During a State of Local Emergency, response time shall not exceed 4 hours.

D. Be registered to do business in the State of Florida prior to award of this Agreement and maintain current registration at all times during the Term of Agreement.

E. Vendor shall self-preform all work, without the use of subcontractors.

F. Vendor shall posses a International Society of Arboriculture (ISA) certification.

Category II - Right-of-Way Tree Services

A. Meet or exceed requirements "A" through "F" as set forth in Category I.

B. Vendor shall provide service personnel who are State certified and educated in the safe handling, transportation, application and disposal of chemicals and at a minimum, have three years experience in chemical applications.

C. Vendor shall be prequalified with the Florida Department of Transportation in the Work Classes of

Tree Trimming and Tree Removal as required to perform work on state rights of way within the

City of St. Petersburg. Submit current FDOT prequalification letter if applicable.

D. Vendor will be responsible for all necessary licenses, permits, and inspections, as required by the

City or FDOT.

E. Provide a minimum of one (1) right–of-way herbicide and pesticide applicator that holds the following:

1. A valid Florida Department of Agriculture and Consumer Services (FDACS) Commercial

Applicator License in Category 6 - Right-of-Way for the purchase and application of Restricted

Use Pesticides (RUP) under the provisions of Florida Statute, Chapter 487.

F. Provide trucks and vehicles licensed by the State of Florida for use on public streets and FDOT rights-of-way. Commercial vehicles in the State of Florida are subject to Federal Motor Carrier

Regulations and must display a valid Florida DOT or USDOT number in compliance with Florida

Statute, Chapter 316.

G. Provide a minimum of three (3) field personnel with a valid FDOT approved course Intermediate or Advanced Maintenance of Traffic (MOT) Certificate. MOT certified personnel shall have a minimum of three (3) years experience in FDOT right-of-way landscape construction; at least one year of which shall have been with the Vendor's company.

H. Vendor shall provide readily available equipment and vehicles for use on FDOT rights-of-way that comply with all applicable FDOT standards. The Vendor is responsible for contacting FDOT and ensuring that the equipment and its operations meet all necessary requirements throughout the contract period.

I. Vendor shall furnish, erect and maintain all necessary traffic control and safety devices in accordance with the latest editions of the FDOT Standard Specifications for Road and Bridge

Construction, the FDOT Design Standards for Design, Construction, Maintenance and Utility

Operations of the State Highway System, and the Federal Highway Administration’s Manual on

Uniform Traffic Control Devices, Part VI.

5.6. Vendor Responsibilities

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

A. Vendor shall provide a single point of contact to administer the Agreement on a day to day basis.

B. Vendor shall maintain Minimum Qualifications as described herein for the term of Agreement.

C. For Right-of-Way work, vendor shall be responsible for posting all required warning, traffic flow, and information signs for the safety of Vendor's crews and those in the vicinity of the work.

D. Continuously maintain the required insurance coverage at the prescribed limits for the term of

Agreement.

E. Provide a written service record to the authorized departmental representative upon completion of each service.

F. Provide resolution of discrepancies in service and invoicing within five business days of notification.

G. Notify the City within five business days of any changes in the account manager or other Vendor contact information.

H. Provide all equipment and labor to complete tree trimming and removal services operations as specified including proper disposal of debris and the loading and/or unloading of all materials as required.

I. Have a thorough understanding of all the requirements of this solicitation and fully train and instruct its employees in the standards, tasks, and equipment for performance of the requirements.

J. Vendor shall employ a work crew of no less than three workers, including a supervisor to provide tree trimming and removal services to the City unless otherwise stated in Vendor's project quote or as directed by the City’s Project Manager.

K. Vendor shall visually inspect each project site during a mandatory site inspection meeting conducted by the City's Project Manager. Failure to attend this meeting shall result in in the vendor not being eligible for consideration of award for the project.

L. Vendor shall remain responsible for inspecting each project site before submitting a quote if the mandatory site inspection meeting is not required.

M. Vendor shall return their quotations no more than two business days after issuance of the Request for Quotation from the City Project Manager unless otherwise specified. Failure to submit the quotation within the required time will be considered a "No Bid" and the Vendor will not be eligible for consideration of award for that project.

N. Vendor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work, including, but not limited to, irrigation sprinkler heads and vehicles parked near service areas. Should any public or private property be damaged or destroyed, Vendor, at its expense, shall subcontract with qualified vendor and make repairs and restoration as is acceptable to the City and owners of destroyed or damaged property within 30 days of the date damage occurs. Vendor shall utilize City approved, licensed and skilled tradesmen to complete any repairs that it is responsible for providing.

O. Vendor shall not charge the City for follow up or call back work to correct recent work, if the work is the result of incomplete or improper trimming/pruning methods.

P. Vendor shall work with the City’s Project Manager to determine permits required for Service.

Q. Vendor shall designate a 24-hour after-hours service contact individual.

R. Hours of Work:

1. Unless otherwise agreed upon with the City's Project manager, work for Category I and

Category III shall take place during normal business hours, Monday to Friday, between the house of 8AM to 5PM.

2. Unless otherwise agreed upon with the City's Project manager, work for Category II shall be performed Monday to Friday between the hours of 9:00 am and 3:30 pm.

3. The Vendor may be required to perform after-hour trimming and/or removal at times other than normal working hours of Monday through Friday, 8:00 a.m. - 5:00 pm.

4. The Vendor may be required to perform services during a Local State of Emergency.

a. During a Local State of Emergency, Vendor's 24-hour contact personnel must response to the City within 4 hours of contact. The vendor shall be onsite providing services within

24 hours of all requests for emergency services.

5.7. Procedures

Vendor shall adhere to the following procedures:

A. Tree Trimming and Pruning

1. Not use climbing irons, spurs or spikes on trees that are to be trimmed or pruned, including palms.

2. Pruning shall be done in accordance with the latest revision of the American National

Standards Institute (ANSI) A 300 Trees, Shrub, and Other Woody Plant Management-

Standard Practices (Pruning). These standards are made part of this contract by this reference.

3. Payment for tree trimming shall be made only when performed separate from tree removal.

4. The pruning requirements will be determined by the City and will be indicated for each specific project.

5. Trimmed or cut branches shall not be left in the tree(s) (hangers) overnight.

6. Under-clearance pruning, which provides for safe movement of pedestrian and vehicular traffic, shall be done as directed by the City. Clearance heights shall be determined at a point over the sidewalk and at the lowest point of branch overhang over the street, generally eight feet and 15 feet respectively.

7. Crown reduction pruning refers to the practice of cutting back dominant top, side, or under branches to their point of attachment with a lateral branch. Also known as drop crotch pruning, this method shall be used at all times.

8. Every effort should be made so that the diameter of the pruned branch is at least one-third the diameter of the lateral to which it is being cut.

9. Trees shall be trimmed in a manner that maintains the natural symmetry and form typical of the species.

10. Care should be taken in pruning thin bark trees. Remove only those limbs necessary to obtain the desired effect without admitting excessive sunlight to the trunk or top of large branches.

11. “Lion’s tailing", the removal of all inner lateral branches and foliage, creates tufts of branches and foliage at the ends of branches, and is forbidden

12. “Topping” (also known as “heading,” “tipping,” “hat-racking,” and “rounding over”) is the indiscriminate cutting of tree branches to stubs, and is forbidden.

13. When removing limbs 1- ½” or greater in diameter, the three-cut method shall be used to prevent damaging the tree.

14. Palm trees trimmed for maintenance shall be trimmed so that no fronds are removed above the three and nine o’clock positions, unless specified by the PM, and shall include the removal of any seed pods/fruit. Seed pods shall be trimmed flush so that no stems remain;

boots shall be trimmed tight to the trunk. Saws should be cleaned/sanitized between trees with isopropyl alcohol.) All seed pods and any residue will be cleaned up and removed.

15. In cases where the City may require any Mangrove trimming, the Contractor shall provide a

Professional Mangrove Trimmer registered through the Pinellas County Department of

Environmental Protection, Water and Navigation section.

B. Stump Removal

1. Stumps designated for removal shall be hand dug and manually removed to a depth of five (5) feet and width of five (5) by five (5) feet. Stump and all associated debris shall be properly disposed of by the Contractor.

2. Excavated holes shall be backfilled with clean organic fill and compacted to prevent settling.

3. Removal, disposal and backfilling cost shall be included in the Contractor’s unit cost for stump removal.

C. Stump Grinding

1. Grind stumps a minimum of 12" below grade or as directed by the City’s Project Manager.

2. Return chips and residue to the hole to a level one (1) to two (2) inches below the grade. Any excess grindings shall be removed and legally disposed of by the Contractor at its expense.

3. Place a layer of quality topsoil at least three (3) inches thick shall be placed over the stump area. The area shall be crowned at least two (2) inches above surrounding grade to allow for settling and shall be raked smooth. In no case shall the final grade be any higher than six (6) inches above surrounding grade.

4. Proper disposal of all debris (limbs, brush, leaves, chips, log debris) are the responsibility of the Contractor. Debris shall not be burned, buried, left for collector, placed in dumpsters, or taken to a brush site. Debris shall be disposed of in a legal manner in accordance with existing

City, County and State ordinances.

5. Contractor’s cost for topsoil shall be included in the unit cost provided for stump grinding.

D. Fuels, Oils, and Other Petroleum Products

1. Contractor shall store all fuels, oils, and other petroleum products, in the original container(s), or Department of Transportation (“DOT”) approved and properly labeled containers. The City reserves the right to order, at Contractor’s expense, immediate disposal per Florida Department of Environmental Protection (“FDEP”) requirements of any fuels, oils, and other petroleum products not properly stored or labeled.

2. Contractor shall not dispose of any fuels, oils, and other petroleum products on City property, nor into drains, storm drains, sewer systems, or into refuse containers.

E. Herbicide Application

1. f necessary and as requested, the Contractor shall provide the application of Garlon to stumps left in place to insure that new growth does not develop. Application must be made by personnel possessing a current, appropriate license from the State of Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, under the provisions of Chapter 482

F.A.C. for the application of restricted use herbicides in the State of Florida. A copy of this license shall be provided with the bid submittal.

2. Compensation for this Service will be based on the Contractor’s hourly rate for a certified spray technician.

5.8. City's Responsibilities

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

A. City shall provide a single point of contact (Project Manager) at each User Department to administer the Agreement.

B. City shall provide access to sites.

C. Timely inspection of completed work.

D. City shall provide permits by property owners when required.

E. City shall provide debris pick up when agreed upon and with prior City approval.

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 12:00 pm on Tuesday, March 4, 2025. Questions will be answered via City's online sourcing system no later than 3:00 pm on Thursday, March 6, 2025. 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/140726 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/140726 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. Special Terms: Service Contract Exceeding $200k

7.1. Living Wage

Vendor agrees to be subject to and shall comply with the living wage requirements set forth in St.

Petersburg City Code Chapter 2, Article V, Division 9, as those requirements may be amended from time to time, (collectively, the “Living Wage Requirements”).

8. Insurance

8.1. Commercial General Liability

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

8.2. Commercial Automobile Liability

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

8.3. Worker's Compensation

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