For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofbradenton

City of Bradenton

REQUEST FOR QUALIFICATION

26-030EJ

WATER TREATMENT PLAN AND DISTRIBUTION SYSTEM FACILITIES PLAN

RELEASE DATE: April 1, 2026

RESPONSE DEADLINE: May 1, 2026, 2:30 pm

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

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Table Of Contents

1. INTRODUCTION

2. INSTRUCTION TO PROPOSERS

3. SCOPE OF SERVICES

4. SCORING AND EVALUATION CRITERIA

5. GENERAL TERMS AND CONDITIONS OF SOLICITATIONS

6. RFQ SUMBITTAL REQUIREMENTS

Attachments:

A - 2 CFR 200

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INTRODUCTION

1.1 Summary

The City of Bradenton is seeking services of a qualified engineering firm to complete a Water Treatment Plant and Drink Water Distribution System Facilities Plan. The Facilities Plan must address the key components of a

Florida Department of Environmental Protection (FDEP) sponsored facilities plan and the requirements established by FDEP and Rule 62-552, F.A.C., and others as applicable .

The Facilities Plan shall span a 20-year planning horizon and include specific documentation and details that address damage, impacts, loss of service, or disruption due to Hurricanes Helene and Milton in addition to the listed elements above.

Project is being funded through the Supplemental Agreement - Helene and Milton (SAHM), Consultants must adhere to the SAHM funding requirements, include 2 CFR 200. The City requires the final plan to be completed by October 30, 2026.

1.2 Timeline

Release Project Date: April 1, 2026

Pre-Proposal Meeting (Non-Mandatory): April 8, 2026, 2:00pm https://us06web.zoom.us/j/83646886692?

pwd=ZEkEH8bfbhpak62hcAuHgQ1CEfjfFe.1

Question Submission Deadline: April 15, 2026, 5:00pm

Response Submission Deadline: May 1, 2026, 2:30pm

Evaluation Meeting: May 15, 2026

Presentation by Short-Listed Proposers: June 1, 2026

Notice of Recommended Award: June 2, 2026

Contract Award: June 24, 2026

1.3 Procurement Contact

Erin Jones Department:

Purchasing Manager Public Works erin.jones@bradentonfl.gov

(941) 932-9467 https://us06web.zoom.us/j/83646886692?pwd=ZEkEH8bfbhpak62hcAuHgQ1CEfjfFe.1

Revised 12.19.24Request For Qualification #26-030EJ Title: Water Treatment Plan and Distribution System Facilities PlanPage 4 of 39

INSTRUCTION TO PROPOSERS

2.1 PURPOSE

City of Bradenton will receive proposals on the date indicated in OpenGov for the purpose of selecting a qualified proposer to provide Water Treatment Plan and Distribution System Facilities Plan. Proposers are required to comply with SCOPE OF SERVICES section of this RFQ.

2.2 PROPOSER

A. For the purpose of this RFQ, the term “Proposer” is defined as the legal entity submitting a proposal.

Proposals will be evaluated in accordance with Section 287.055, Florida Statute.

B. Proposers intending to submit an offer as a joint venture with another company must provide documentation attesting to the formation of that joint venture with their submittal. For purposes of this solicitation, all vendors who make up the joint venture will be considered together as the

Proposer.

2.3 QUALIFICATIONS

A. The Proposer must be a business organization registered, with the Florida Department of Business and

Professional Regulation (DBPR), to provide engineering services at the time of submittal.

B. At least one key personnel listed in the Proposal must be a registered Professional Engineer (PE) licensed by the Florida Board of Professional Engineers at the time of submittal. Key personnel must be an employee of the Proposer and not a subcontractor

C. Proposals should demonstrate experience with writing FDEP Facilities Plans for municipalities to qualify for State Revolving Funds

D. Preferred Qualifications

1. Proposer has successfully complete at least three projects related to plant expansions within the past 10 years.

2.4 RFQ SCHEDULE

An anticipated schedule is provided below. This schedule is subject to change at any time. All public meeting will be posted on OpenGov and the City’s webpage under the Government Calendar. Short-listed Proposers should be prepared to attend presentations and/or interviews either in person or virtually, at the City’s discretion.

Release Project Date: April 1, 2026

Pre-Proposal Meeting (Non-Mandatory): April 8, 2026, 2:00pm https://us06web.zoom.us/j/83646886692?

pwd=ZEkEH8bfbhpak62hcAuHgQ1CEfjfFe.1 https://procurement.opengov.com/portal/cityofbradenton/projects/246998/document?section=2359650

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Question Submission Deadline: April 15, 2026, 5:00pm

Response Submission Deadline: May 1, 2026, 2:30pm

Evaluation Meeting: May 15, 2026

Presentation by Short-Listed Proposers: June 1, 2026

Notice of Recommended Award: June 2, 2026

Contract Award: June 24, 2026

2.5 PRE-PROPOSAL CONFERENCE

A. A non-mandatory pre-proposal meeting is schedule for 2:00 pm on Wednesday, April 8, 2026 at https://us06web.zoom.us/j/83646886692?pwd=ZEkEH8bfbhpak62hcAuHgQ1CEfjfFe.1.

B. When applicable, Proposers are advised to visit each location to familiarize themselves with all work areas. Failure to do so will in no manner relieve the Proposer from furnishing materials or services that may be required to carry out and complete the contract in accordance with the intent of the specifications listed here.

C. Questions asked at a pre-proposal conference will be formally answered via an addendum. Proposers shall not rely on oral communication.

2.6 SUBMITTAL INSTRUCTIONS

A. Proposal must be submitted electronically in OpenGov no later than the bid end date specified in

OpenGov. OpenGov will not accept any submittals past the due date and time. Proposals submitted by any other method will not be accepted. The City assumes no responsibility for any Proposals received after the bid end date. Late submittals will not be accepted.

B. Proposals submitted cannot be viewed by anyone other than the Proposer until the official bid opening occurs. Submitted proposals will be made public in accordance with Florida Public Record laws found in

Chapter 119.071(b)2, Florida Statutes.

2.7 SUBMITTAL REQUIREMENTS

A. Electronic Forms - The forms below are provided in the RFQ SUBMITTAL REQUIREMENTS section.

Failure to complete and submit any of the forms listed below with a submittal may cause a Proposer to be declared non-responsive.

1. Interest in Competitive Bid Form

2. Non-Collusive Form

3. Public Entity Crimes Form https://procurement.opengov.com/portal/cityofbradenton/projects/246998/document?section=undefined

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4. Negligence or Breach of Contract Form

5. Anti-Human Trafficking Affidavit

6. SunBiz Registration Documentation

B. Certifications - The following certifications must be made in the RFQ SUBMITTAL REQUIREMENTS section. Failure to certify will cause the Proposer to be declared non-responsive.

1. Examination of Documents

2. Scrutinized Companies

3. Drug-Free Work Place

2.8 SUBMITTAL DOCUMENTS

In addition to the forms listed above, proposals must include the documents below. Failure to provide any of the below documents with a submittal may cause a Proposer to be deemed non-responsive. Proposal documents shall be uploaded in the appropriate area(s) of the RFQ SUMBITTAL REQUIREMENTS section.

A. Letter of Interest – Provide a single-page Letter of Interest

B. Proposer Information – Provide basic information about the Proposer, including years in business, contact information, company location, company history, summary of qualifications, and disclosure of conflict of interest.

C. Licenses and Certifications – Provide copies of required licenses and certifications as listed in

QUALIFICATIONS Section above.

D. Resumes of Key Personnel demonstrating the minimum and preferred qualifications as outlined above.

E. Experience & Capabilities - Provide a maximum of five (5) projects that have been completed within the past ten (10) years for consideration. Projects submitted should demonstrate the experience of the

Proposer, sub-contractors, and current team members who may have worked for other firms on similar projects and provide detailed information regarding the Proposer’s capabilities, project management techniques, and project controls. Projects submitted should also include the project reference name and telephone number, project start date, scheduled end date and actual end date, and project budget and actual cost.

F. Current and Projected Workload - Provide a list of all active and awarded projected projects.

G. Project Approach -Provide a detailed project approach, including the proposed strategy for providing the services requested. Anticipated resources, including staffing levels, technology, and equipment should be provided.

o Project management techniques, controls, programs, and technologies to be employed to meet project schedule and budget requirements.

https://procurement.opengov.com/portal/cityofbradenton/projects/246998/document?section=undefined https://procurement.opengov.com/portal/cityofbradenton/projects/246998/document?section=2359651

Revised 12.19.24Request For Qualification #26-030EJ Title: Water Treatment Plan and Distribution System Facilities PlanPage 7 of 39 o Proposed public outreach approach and components.

o Assignment of personnel to provide the most efficient service.

o Organizational chart delineating personnel assigned to the project including sub-contractors).

o Who in the organizational chart (including sub-contractors) will oversee the performance of the work to provide the most efficient services.

o Detailed information explaining how the location of the firm, key personnel, and sub-contractors will affect the project, including how the impact of any physical distance will be mitigated.

o Organizational chart showing the corporate management structure of the Proposer.

H. Schedule/Timeline - Prove a graphical representation of the proposed schedule/timeline indicating major milestones and deliverables.

2.9 EVALUATION

A. All timely responses meeting the criteria set forth in this RFQ will be evaluated by members of the

City’s Evaluation Review Committee (“Committee”).

B. Proposals will be evaluated in accordance with Section 287.055, Florida Statutes and the scoring and evaluation criteria listed in this RFQ.

C. The Committee will evaluate and score all responsive and responsible proposals using the evaluation criteria in the SCORING AND EVALUATION CRITERIA section of this RFQ. The Committee will conduct discussions with, and may require presentation by, no fewer than the three (3) highest scoring

Proposers.

D. Following discussions or presentations, the Committee will rank the short-listed Proposers and recommend the first rank Proposer for award.

2.10 AWARD

A. It is the intent of the City to award a contract(s) to the Proposer(s) who, in the sole opinion of the City are most qualified to perform the scope of services required.

B. In the event of a tie, the tie-breaking procedures identified in the General Terms and Conditions will apply.

C. The successful Proposal shall be required to submit proof of licenses or certifications as required by the

City.

2.11 CHANGES IN PROJECT TEAM

Any changes in the project team of a short-listed firm should be brought to the attention of the City as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individuals https://procurement.opengov.com/portal/cityofbradenton/projects/246998/document?section=2359652

Revised 12.19.24Request For Qualification #26-030EJ Title: Water Treatment Plan and Distribution System Facilities PlanPage 8 of 39 being substituted for an original project team member, must be submitted, prior to oral presentations, to Erin

Jones, prior to the scheduled evaluation committee meeting.

2.12 REUSE OF EXISTING PLANS

The plans on this project are subject to reuse in accordance with Section 287.055 (10), Florida Statutes.

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SCOPE OF SERVICES

3.1 Overview

A. The City is seeking a qualified Consultant to provide assessments and inspections, strategic planning, coordination, management, recommendations, and other necessary services to complete a Water

Treatment Plan and Distribution System Facilities Plan that is compliant with the requirements established by FDEP and Rule 62-552, F.A.C., and others as applicable.

B. Consultants planning documentations must include the following:

1. Executive Summary

2. Environmental Effects/Benefits

3. Development of Alternatives and selection of a Preferred Alternative

4. Public Participation Process

5. Financial Feasibility

6. Schedule

7. Adopting Resolution

C.

D. The City requires meeting the Plan requirements listed and a schedule provided in the response to the

RFQ to meet the City’s goal of a final plan by October 30, 2026.

E. Consultants shall adhere to Granting Provisions 2 CFR 200 requirements.

3.2 Consultants Responsibilities

A. The Consultant shall create a Facilities planning document that is compliant with the established FDEP requirements.

B. Consultant shall conduct a project kickoff meeting with required City staff and any identified stakeholders.

C. Throughout the duration of the project the Consultant shall conduct progress meetings and provide updated schedules as identified necessary by the City.

D. Consultant shall assess existing sites, buildings and structures related to the project and gather all necessary data to complete the plan requirements.

1. Information to be gathered through data collection and on-site inspections shall include all site information, including but not limited to location, address, acreage, retention, detention, and amenities, as well as building data, including but not limited to building type, occupancy types, Revised 12.19.24Request For Qualification #26-030EJ Title: Water Treatment Plan and Distribution System Facilities PlanPage 10 of 39 purpose, square footage, dimensions, utilities, parking as well as review of built conditions, age, and longevity

2. The selected Consultant shall also identify the status of all inventoried items including the possible need for repairs and replacement. Inventory Information to be gathered shall also include, but not limited to, asset type, purpose, occupancy, age, size, square footage requirement(s), status, and condition

3. The selected Consultant shall provide all methods and procedures for recording, developing and preparing a comprehensive facility planning strategy to ensure infrastructure long-term functionality and sustainability

3.3 Facilities Plan Requirements

A. The qualifying firm shall prepare and submit a Florida Department of Environmental Protection (FDEP) formatted Facilities Plan shall included but not limited to:

1. Executive Summary

a. Project Description

b. Project Location Map. Map clearly shows the location of the proposed project(s).

2. Environmental Review

a. Discuss environmental benefits associated with the proposed projects

b. Ascertain if the proposed projects will have any significant adverse effects upon flora, fauna, threatened or endangered plant or animal species, surface water bodies, prime agricultural lands, wetlands, or undisturbed areas

c. Provide a list of endangered/threatened plant and animal species (obtain from U.S. Fish and

Wildlife Service) for the project areas

d. Ascertain if the proposed projects will have any significant adverse human health or environmental effects on minority or low-income communities

e. Provide information on investigations/site visits performed to determine the environmental effects of the proposed project. This should be accomplished by a qualified individual. Submit any reports or findings.

3. Development of Alternative and selection of Preferred Alternative

a. Describe existing and recommended facilities

b. Provide cost comparisons of at least three feasible alternatives (alternatives may include the cost of a “no action” alternative)

c. Provide detailed cost estimate of preferred alternative

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4. Public Outreach

a. Hold public meeting(s) to explain the projects including alternatives considered and why, cost estimates, and allow public participation in evaluating alternatives

b. One Council Workshop, if deemed necessary by the City.

c. Provide minutes from the meeting, sign-in sheets, and copies of the advertisements

5. Fiscal Feasibility

a. Identify revenues to be dedicated to the loan.

b. Existing/Proposer User Charge System

c. Complete Business Plan

6. Schedule

a. Schedule for implementing the recommended facilities

7. Adopting Resolution

a. Specific Authorization to implement the planning recommendations.

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SCORING AND EVALUATION CRITERIA

Proposals will be evaluated based on price, quality and service, using the evaluation criteria below.

No. Evaluation Criteria Scoring Method Weight (Points)

1. ABILITY OF PROFESSIONAL PERSONNEL

Experience and qualifications of the Proposer.

Experience and qualifications of the Proposer’s

Key Personnel and sub-contractors

Points Based 30 (30% of Total)

2. PROPOSER’S PAST PERFORMANCE AND

EXPERIENCE

Relevant project experience of Proposer and sub-contractors with projects that indicate proficiency in similar work with public outreach.

Points Based 35 (35% of Total)

3. PROJECT APPROACH

Project management techniques, controls, program and technologies.

Proposed public outreach approach and components.

Proposed project management techniques & controls.

Personnel assigned.

Innovation

Proposed timeline, indicating major milestones.

Points Based 35 (35% of Total)

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GENERAL TERMS AND CONDITIONS OF SOLICITATIONS

5.1 SUBJECT TO THESE TERMS

All Offers submitted are subject to the terms and conditions specified herein (the “Terms and Conditions”).

Offers which do not comply with these conditions are subject to rejection. These Terms and Conditions are subject to the order of precedence set forth below.

5.2 DEFINITIONS

A. City shall mean City of Bradenton

B. Offer shall mean the response submitted by an offeror to the City’s solicitations

C. Offeror shall mean the legal entity or individual submitting an Offer to the City in response to a solicitation. Offeror may also be referred to in solicitation documents as bidder, consultant, firm proposer, vendor or contractor.

D. Solicitation shall mean a document or documents released by the City of Bradenton for the purpose of obtaining goods or services. Solicitation shall be considered the same as an Invitation for Bid (IFB), Request for Proposal (RFP) or any other title designated by the City to solicit goods or services.

E. Evaluation Committee shall mean those individuals approved by the City Administrator, or designee, to evaluate Offers.

5.3 ORDER OF PRECEDENCE

If a conflict arises between these “Terms and Conditions”, the following ORDER OF PRECEDENCE will apply:

A. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services”

B. City of Bradenton Procurement Code and Ordinances and Policies

C. Special Conditions and Supplemental Instructions

D. Detailed Scope of Work

E. These Terms and Conditions

5.4 AVAILABILITY OF DOCUMENTS

A. All documentation related to the Solicitation shall be available through the City's e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.

B. It is solely the responsibility of each Offeror to ensure they have obtained current copies of all documents issued by the City in relation to any Solicitation.

C. Only documents obtained directly through https://procurement.opengov.com/portal/cityofbradenton are official versions. Offerors who rely on any other sources for such documents, do so at their own risk.

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5.5 CLARIFICATION & ADDENDA

A. Any inquires, suggestions or requests concerning interpretations, clarification or additional information pertaining to the Solicitation shall be submitted electronically via OpenGov. All questions must be received no later than the deadline for questions specified in the solicitation. No verbal requests for information will be honored. All responses to inquiries will be posted in OpenGov.

B. The electronic response posted in OpenGov is the only official method whereby interpretations, clarifications or additional information will be provided. It shall be the responsibility of each Offeror, to visit https://procurement.opengov.com/portal/cityofbradenton and determine if addenda were issued and to make sure any such addenda are a part of the Offer.

C. The City shall not be responsible for oral interpretations or representations made by City employees, representatives or third parties. Any questions raised at a pre-solicitation meeting will be formally answered in an addendum.

D. By submitting an Offer, Offerors acknowledge receipt of any and all issues addenda, and agree to the provisions of each.

5.6 GOVERNMENTAL RESTRICTIONS

In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered in the Solicitation prior to delivery, it shall be the responsibility of the Offeror to immediately notify the Purchasing Division in writing, indicating in such notice the specific regulation requiring an alteration. The City reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the resulting contract at no further expense to the City.

5.7 PUBLIC MEETINGS

Notice of any public meeting pertaining to the Solicitation shall be posted on the City calendar.

5.8 RESPONSIVENESS TO SOLICITATION REQUIREMENTS

A. To be responsive, an Offeror shall submit an Offer that conforms in all material respects to the requirements set forth in the Solicitation.

B. Failure to submit the required forms and information in the manner specified may result in the Offer being found non-responsive, at the sole discretion of the City.

C. Offerors are required to submit pricing on forms supplied by the City. Offers, may be deemed non-responsive if required forms are not used and duly sign by an authorized representative of the Offeror.

D. The City objects to and shall not consider any additional terms or conditions submitted by an Offeror, including any appearing in documents attached as part of the Offer, that are inconsistent with these

Terms and Conditions. In submitting an Offer, Offeror agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with

Revised 12.19.24Request For Qualification #26-030EJ Title: Water Treatment Plan and Distribution System Facilities PlanPage 15 of 39 the Terms and Conditions, including those specifying information that must be submitted with an

Offer, shall be grounds for rejecting an Offer.

5.9 QUALITY GUARANTEE

A. Unless otherwise specifically provided in the specifications, all equipment, materials and articles incorporated in the work covered by any resulting contract shall be new and of the most suitable grade for the purpose intended.

B. If any product/service delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of such products or the specifications listed in this solicitation, the Offeror shall pick up the product of the City at no expense to the City. The City reserves the right to reject any or all materials if, in its judgement, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. Also, the Offeror shall refund the City any money which has been paid for same.

5.10 RESPONSIBILITY

A. To be responsible an Offeror shall have the demonstrated capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will ensure good faith performance. The City reserves the right to make such investigations as it deems necessary to determine the ability of any Offeror to deliver the goods or services requested in accordance with the Solicitation documents to City’s satisfactions within the prescribed time.

B. The Offeror shall provide information the City deems necessary to make this determination. Such information may include, but not limited to: project references, current financial statements, projected project schedule(s), verification of availability of equipment and personnel, evidence of authority to conduct business in the jurisdiction where services are being provided, and past performance records.

C. The City may review any scope of work with an Offeror before accepting the offer. Before award of a resulting contract, the Offeror shall furnish to the City an analysis of its prices, if requested to do so.

5.11 PROPOSAL DELIVERY AND SUBMISSION REQUIREMENTS

A. All documentation related to the Solicitation shall be available through the City e-Procurement Portal located at https://procurement.opengov.com/portal/cityofbradenton.

B. Trade Secrets – To the extent Offeror desires to maintain the confidentiality of materials deemed

“trade secrets” pursuant to Florida law, such material must be segregated from the portions of the

Offer that are not being declared as “trade secrets.” In addition, Offeror shall cite, for each trade secret being claimed on each relevant page, the Florida Statute which supports the designation. Further, Offeror shall offer a brief written explanation as to why information claimed as trade secret fits the cited statute number. Upon receipt of any request or demand by any person seeking release of

Offeror’s “trade secrets”, the City shall immediately notify Offeror in writing of such request, demand

Revised 12.19.24Request For Qualification #26-030EJ Title: Water Treatment Plan and Distribution System Facilities PlanPage 16 of 39 or obligation. Offeror shall within three (3) business days either (i) at its own expense and time, seek or initiate an action to quash, limit, modify, narrow the scope of, and/or otherwise intervene, obtain a protective order and/or defend against, any requested disclosure if it objects to the request or (ii) advise the City that it has no objection to the disclosure. Offeror shall defend and indemnify the City against any action brought to compel compliance, and against any out-of-pocket expense, including, but not limited to court costs, all costs of litigation, attorney’s fees, fines, and statutory damages, to the extent arising from the City’s failure to consent to disclosure of the requested “trade secrets.”

C. Solicitation Opening

1. To the extent required by law, the opening of the Offers shall be publicly opened on the date and at the time specified on the Solicitation. It is the Offeror's responsibility to assure that the Offer is delivered at the proper time and place for the opening. Offers, which for any reason are not so delivered, will not be considered. Offers by fax or telephone are not acceptable. An Offer may not be altered after the opening of the Offers.

2. All Offer documents shall be submitted in writing, signed by the Offeror or the Offeror's duly authorized agent, and shall be submitted as instructed on page one prior to the date and time scheduled for the opening of Offers.

3. The Purchasing Manager, or designee, shall publicly open, in the presence of a witness, all Offers at the time and place specified in the Solicitation.

D. An Offeror may withdraw an Offer any time prior to the opening of the Solicitation. After Solicitations are closed, but prior to award of the contract by the City Council or City Administrator, the City

Administrator, or designee, may allow the withdrawal of an Offer because of the mistake of the Offeror in the preparation of the Offer. In such circumstance, the decision of the City Administrator, or designee, to allow the Offer withdrawal, although discretionary, shall be based upon a finding that the

Offeror, by clear and convincing evidence, has met each the following four conditions:

1. The Offeror acted in good faith in submitting the Offer,

2. The mistake in the preparation of the Offer was of such magnitude that to enforce compliance by the Offeror would cause a severe hardship on the Offeror,

3. The mistake was not the result of gross negligence or willful inattention by the Offeror; and

4. The mistake was discovered and was communicated to the City prior to the City Council or City

Administrator formally awarding the resulting contract.

5.12 SOLICITATION EXPENSES

Offeror shall bear all costs and expenses incurred in developing, preparing, and submitting an Offer. This includes any expense related to demonstrations or the providing of sample materials or items requested by the City.

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5.13 IRREVOCABLE OFFER

As indicated above, any Offer may be withdrawn until the date and time set for opening of the Offers. All withdrawals must be requested in writing via email or letter. Any Offer not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one-hundred and twenty (120) days, unless specifically provided by the Solicitation, in which event that time period will prevail.

5.14 TIE BREAKING

A. IFB Tie Breaking Procedures

1. When two or more Offers for goods or services are determined to be equal with respect to price, quality and service, the Offer received from the business that certifies it has implemented a drug-free workplace program pursuant to Section 287.087; Florida Statutes, shall be given preference in the award process. If all of the tied Offerors have certified that they are drug-free workplaces, award shall be determined by coin toss conducted by the Purchasing Manager before at least one witness.

B. RFP Tie Breaking Procedures

1. In the event of any tie (in the ranking criteria) the following may take effect:

2. If there is a tie (two or more firms have the same number of 1st place rankings), then the firms that has the highest number of 1st place and 2nd place rankings shall be the first ranked firm. This method shall be used for all ties.

3. If there is a tie (two or more firms) having the same number of 1st and 2nd place rankings and both

Offerors have certified it has implemented a drug-work place program pursuant to Section

287.087; Florida Statutes, award shall be determined by a coin toss conducted by the Purchasing

Manager before at least one witness.

5.15 PROTEST

A. Protests are processed in accordance with the procedures set forth in the City of Bradenton’s Protest

Policy, which can be obtained on the City’s website.

5.16 INSURANCE

Before performing any services, awarded Offeror shall procure and maintain, during the life of the resulting contract, unless otherwise specified, the insurance listed below. The insurance policies shall be primary and written on forms acceptable to the City and placed with the insurance carriers approved and licensed by the

State of Florida Office of Insurance Regulation and meet a minimum financial AM Best Company rating of no less than "A-Excellent: FSC VII."

The City, its officers, agents, and employees, shall be named as additional insureds on all policies required

(excluding worker’s compensation). No changes may be made to these specifications without specific prior written approval of the City. The City shall retain the right to review, at any time, coverage, form, and amount of insurance.

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Workers’ Compensation/Employers Liability:

Part One - There shall be no maximum limit (other than as limited by the applicable statute) for liability imposed by Florida Workers' Compensation Act or any other coverage required by the Agreement which are customarily insured under Part One of the standard Workers' Compensation Policy.

Part Two - The minimum amount of coverage required by the Agreement which are customarily insured under

Part Two of the standard Workers' Compensation Policy shall be:

(Each Accident) $100,000

(Disease-Policy Limit) $500,000

(Disease-Each Employee) $100,000

Commercial General Liability.

The limits are to be applicable only to services performed under the Agreement and shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 2503) a Commercial General Liability Policy with the following minimum limits.

General Aggregate:

Products/Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage (Any One Fire) $Nil

Medical Expense (Any One Person) $Nil

ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida shall be specifically named as additional insured on the Commercial General Liability Policy.

Business Auto Policy

Each Occurrence Bodily Injury and

Property Damage Liability Combined $300,000

Annual Aggregate (if applicable) $1,000,000

ADDITIONAL INSURED: The City of Bradenton, a political subdivision of the State of Florida, shall be specifically named as additional insured on the Business Auto Policy.

ADDITIONAL OR OPTIONAL INSURANCE (Depends on project requirements.)

Umbrella Liability

N/A unless being used to meet underlying coverage requirements.

Liquor Liability

All awarded Offerors serving alcohol as part of the scope of the Solicitation will be required to obtain Liquor

Liability insurance.

Miscellaneous Insurance

All other types of insurance as required by the scope of work or specifications.

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Professional Liability

If applicable, in the minimum amount of $1,000,000.

Hazardous Material

If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out a resulting contract, no further work is to be performed in the area of the hazardous materials until the Project Manager and City’s Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverage through a change order to the project.

Contractor/Vendor’s Pollution Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under a resulting contract including, but not limited to, all hazardous materials identified under a resulting contract.

Asbestos Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under a resulting contract.

Disposal

When applicable, the awarded Offeror shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $1,000,000 per claim and

$2,000,000 in the aggregate.

Hazardous Waste Transportation

When applicable, the awarded Offeror shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance and Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $2,000,000 annual aggregate and provide valid EPA identification number.

The Certificates of Insurance (COI) shall clearly state the hazardous materials exposure work being performed under this Agreement.

Builder’s Risk

When applicable, special form coverage shall include, but not be limited to:

A. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to a resulting contract;

B. Theft coverage;

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C. Waiver of Occupancy clause endorsement;

D. Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis;

E. Maximum deductible clause of $50,000 each claim.

Certificates of Insurance and Copies of Policies

Certificates of Insurance in triplicate evidencing the insurance coverage specified herein shall be filed with the

Purchasing Division before services begin. The required certificates of insurance shall name the types of policy, policy number, date of expiration, amount of coverage, companies affording coverage, and also shall refer specifically to the Agreement. All insurance policies required herein shall be issued by companies that are authorized to do business under the laws of the State of Florida and hold an A.M. Best rating of A- or better.

Insurance, as specified herein, shall remain in force and effect for the duration of the Agreement, including any warranty periods.

Complete Policies:

The entire and complete insurance policies required herein shall be provided to the City on request. If the initial insurance expires prior to the completion of services by the awarded Offeror, renewal certificates of insurance and required copies of policies shall be furnished by the awarded Offeror and delivered to the

Purchasing Official thirty (30) days prior to the date of their expiration. Nothing herein shall in any manner create any liability of the City in connection with any claim against the awarded Offeror for labor, services, or materials, or of subcontractors; and nothing herein shall limit the liability of the awarded Offeror or its sureties to the City, or to any workers, suppliers, material men or employees in relation to the resulting contract.

By way of its execution of the resulting contract, awarded Offeror:

A. Represents that awarded Offeror maintains, and will maintain during the term of the resulting contract, insurance coverage from responsible companies duly authorized to do business in the State of Florida and deemed acceptable to the City; and

B. Agrees that insurance should not be cancelled without thirty (30) days’ notice to the City and must be endorsed to provide same. Failure of the awarded Offeror to obtain and maintain proper amounts of insurance at all times as called for herein shall constitute a material breach of the resulting contract, which may result in immediate termination.

Certification Requirements – In order for the certificate of insurance to be accepted it must comply with the following:

A. The certificate holder shall be:

The City of Bradenton, A political subdivision of the State of Florida

101 Old Main Street

Bradenton, FL 34205-7865

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B. Certificate shall be mailed to:

The City of Bradenton

101 Old Main Street

Bradenton, FL 34205

Attn: Purchasing

5.17 SUNBIZ

All Offerors shall be registered under the State of Florida to perform the services required in the Solicitation.

Registration Certificate to be provided by the Florida Department of State, Division of Corporations, establishing an Offeror as eligible to conduct business in the State of Florida. Please refer to website:

www.sunbiz.org.

5.18 RESERVED RIGHTS

A. The City reserves the right to accept or reject any or all Offers, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request clarifications or additional information from Offerors.

B. The City reserves the right to accept all or any part of the Offer and to increase or decrease quantities to meet additional or reduced requirements of the City.

C. Any sole Offer received by the submission date may or may not be rejected by the City Administrator or designee. In the event the City rejects the sole Offer, it may elect to negotiate with any responsible provider.

D. The City Administrator or designee, reserves the right to cancel a Solicitation at any time and to cancel any recommended award or recommended contract at any time prior to execution.

E. Offerors are advised that any person, firm, or other party to whom they propose to award a subcontract must meet all minimum qualifications as stated in the Specifications.

F. Unless otherwise stated in the Solicitation, any resulting contract resulting from the Solicitation is non-exclusive. The City reserves the right, in its sole opinion, to purchase goods or services listed in the

Solicitation through the State of Florida Contracts, cooperatives, other current government contracts, and non-profit contracts as provided in the City’s Procurement Code. The City reserves the right to solicit separate requirements that are a portion of a larger contract as a whole. Additionally, at the

City’s sole option, additional contracts may be entered into as a result of such situations as unusual volumes, time/delivery requirements, special requirements, other brands, lease, project specific requirements, or similar situations.

G. The City reserves the right to correct formula errors on forms provided by the City for use by the

Offeror.

H. After award of the Solicitation, the City reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. At contract renewal time(s) or in the event of https://www.sunbiz.org/

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I. If a resulting contract is terminated, the City reserves the right to go to the next lowest responsive

Offeror with the balance of the resulting contract, unless otherwise stated in the Solicitation.

J. The City reserves the right to refuse to award to any Offeror based upon prior contractual relationships between that Offeror, or a substantially related person or entity, and the City. This shall include, but is not limited to, situations in which the Offeror or, a substantially related person or entity, has had its contractual relationship with the City terminated or issued notice of default within three (3) years of the date of the issuance of the Solicitation.

K. Any awarded Offeror or subcontractor that will have access to City facilities or property may be required to be screened to a level that may include but is not limited to; fingerprints, statewide criminal and juvenile records check. There may be fees associated with these procedures. These costs are the responsibility of the Consultant or subcontractor.

5.19 CONTACT WITH CITY STAFF

A. After the issuance of the Solicitation, prospective Offerors or any agent, representative or person acting at the required of such Offer shall not contact, communicate with or discuss any matter relating in any way to the solicitation with any officer, agent, or employee of the City, including members of the

Evaluation Committee, other than the Purchasing Manager or Purchasing Analyst named in the

Solicitation. Failure to comply with this provision may result in the disqualification of the Offer, at the option of the City.

B. This prohibition begins with the issuance of any solicitation and ends upon issuance of a purchase order or execution of a resulting contract, whichever comes first, or upon cancellation of the solicitation. Violation of this prohibition may result in the Offeror being considered non- responsible.

C. Notwithstanding the forgoing, during the negotiation period, Offeror may communicate with those members of the City staff, consultants, or third parties designated by the City.

5.20 COLLUSION

A. By submitting an Offer to a Solicitation, the Offeror certifies that it has not divulged to, discussed or compared its offer with other Offerors and has not colluded with any other Offeror or parties to the

Offer whatsoever.

B. An offer may be disqualified if an offeror submits more than one Offer or if there is evidence of collusion.

5.21 RESULTING CONTRACT

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A. Any resulting contract may, at the sole discretion of the City, contain provisions that differ from the terms of the Solicitation.

B. The successful proposer shall covenant and agree that it and its employees have complied with the

Florida Statutes pertaining to the licensing of employees, as applicable.

C. In the event the successful proposer shall be placed in any form of bankruptcy or make an assignment for the benefit of creditors, the City Manager may declare the same a default of the agreement which may be terminated pursuant to these terms and conditions.

5.22 APPLICABLE LAWS

A. Prior to entering into a resulting contract with the City, an Offeror must be authorized to transact business in the State of Florida. Copy of the Registration Certificate and information should be submitted with Offer but is not required.

B. Applicable provisions of all federal, state, county and local laws and of all ordinances, rules and regulations shall govern development submittal and evaluation of all Offers received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting an Offer hereto and the City, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise and lack of knowledge by any Offeror shall not constitute a cognizable defense against the legal effect thereof. This includes revisions or as amended thereof. Any involvement with the City shall be in accordance with but not limited to:

1. City Administrative Regulation and Ordinances

City of Bradenton Procurement Ordinance 2-237

2. Florida State Statues

a. Chapter 287. Florida Statutes, Procurement of Personal Property and Services (where applicable).

b. Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed Offers received by the City. Pursuant to this solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I, of the Florida Constitution, until such time as the agency provides notice of a decision or intended decision pursuant to s.

119.071(2) or within 30 days after Offer opening whichever is earlier.

C. It shall be the responsibility of the Offeror to assure compliance with all other federal, state, county, or city codes, rules, regulations or other requirements, as each may apply. The Offer shall have and must provide all applicable insurance, permits, licenses, etc. which may be required by federal, state, or local law as requested by the City. The awarded Offeror shall be required to submit proof of all licenses and/or certifications required by the City upon request.

5.23 CONTRACT FORMS

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A. Any agreement, contract, or Purchase Order resulting from the acceptance of an offer shall be on forms either supplied by or approved by the City.

B. Any amendments to the resulting contract shall require the formal written approval of both parties.

5.24 TAXES

The City does not pay Federal Excise and State Taxes on direct purchases of tangible personal property or services. The exemption number will be provided to the contract holder upon issuance of a purchase order.

This exemption does not apply to tangible personal property purchased by awarded Offeror for their use in the performance of a resulting contract based on the Solicitation. Nothing herein shall affect the Offeror's normal tax liability. The City reserves the right, at the City's sole option, to issue Direct Purchase Orders for applicable supplies and equipment to be utilized in this project or service.

5.25 ERRORS AND OMISSIONS

A. In the event of multiplication/addition error(s), the unit rate shall prevail. Written prices shall prevail over figures where applicable. All Offers shall be reviewed mathematically and corrected, if necessary, using these standards, prior to additional evaluation.

B. Approval by City of the awarded Offeror’s work product for the project shall not constitute nor be deemed a release of the responsibility and liability of the awarded Offeror for the accuracy and competency of the awarded Offeror’s designs, drawings, specifications or other documents and work pertaining to the project.