Construction_Engineering_and_Inspection_Services.pdf

RFQ- 25 - 317

CONSTRUCTION ENGINEERING AND INSPECTION

SERVICES

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: October 28, 2025

DEADLINE FOR QUESTIONS: November 25, 2025

RESPONSE DEADLINE: December 9, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Construction Engineering and Inspection Services

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Evaluation Phases

VI. General Terms

VII. Background Checks

VIII. Insurance

Attachments:

A - Scope of Services

B - Base Agreement

C - Statement of Qualifications Requirements

D - SF330-21a

#RFQ- 25 - 317

Title: Construction Engineering and Inspection Services

1. Introduction

1.1. Summary

The services being requested will include, but not be limited to the services listed in the provided Scope of Services Construction Engineering and Inspection Projects may be funded by the City of St. Petersburg

(City), by the Florida Department of Transportation (FDOT), by other agencies or by a combination of funding sources. Projects funded in whole or in part with non-City funds shall be designed and constructed in conformance with the funding agency’s requirements, i.e. FDOT and/or

Federal Highway Administration (FHWA). FDOT projects for which the services are required are listed in Appendix A, and others to be determined. Projects funded by FDOT are contingent upon legislative appropriation in funding year and are subject to change.

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:

Engineering

1.3. Timeline

*Timeline is subject to change

Solicitation Published October 28, 2025

Deadline for Questions November 25, 2025, 12:00pm

Deadline for Question Response December 2, 2025, 3:00pm

Deadline for Submittals December 9, 2025, 3:00pm

Evaluation/Shortlisting January 6, 2026, 11:00am

One 4th St. N St. Petersburg, FL

CR800

mailto:victoria.amerson@stpete.org tel:(727)551-3387

Interviews/Selection January 23, 2026

One 4th St. N St. Petersburg, FL

CR800

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, December 9, 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 requirements set forth herein and are received by the closing date and time described herein. Upon review of the SOQ, the selection committee will designate and shortlist not less than three (3) of the most qualified respondents. The shortlisted respondents will be invited to appear for an interview by the selection committee with oral presentation and evaluation. After deliberation, the selection committee will rank the shortlisted respondents. The City will begin contract negotiations with the highest ranked firm(s). Once the negotiations are completed, City Council must approve the agreement(s).

2.4. Prohibited Interest

No consulting service contract will be awarded to any firm or corporation for a period of one (1) year after they have employed any exempt management employee directly from City, provided, however, that this provision will not apply in the event the employee so hired is not involved in any way with work being performed by the firm or corporation for the City.

2.5. Compliance with CCNA

The items, conditions and procedures in this Request for Qualifications are in conformance with City policies. These policies are designed to fully comply with Chapter 287.055, Laws of Florida (known as the "Consultants' Competitive Negotiation Act"). Teams are requested to notify the City, in writing, if they feel any portion of this Request for Qualifications is not in compliance with these policies.

2.6. Submittal Requirements

Please see Exhibit C- Statement of Qualification Requirements https://procurement.opengov.com/portal/stpete/projects/199651

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? * If you have submitted an application and it is pending, please send an email to osd@stpete.org. In the subject line- provide the solicitation number and due date.

☐ Yes

☐ No

*Response required

3.1.3. Is the Vendor a City of St. Petersburg certified MWBE? * If you have submitted an application and it is pending, please send an email to osd@stpete.org. In the subject line- provide the solicitation number and due date.

☐ 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 mailto:osd@spete.org mailto:osd@spete.org

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.*

*Response required

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.

3.1.24. I currently have the required insurance coverage as specified in the solicitation and will be able to provide a Certificate of Insurance if awarded. * ☐ Please confirm

*Response required

3.2. Statement of Qualification Information

3.2.1. Statement of Qualification *

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

4. Scope of Work

4.1. Intent

The City of St. Petersburg is seeking responses from qualified vendors to provide Construction Engineering and Inspection Services on as-needed basis.

The services being requested will include, but not be limited to the services listed below. Construction

Engineering and Inspection Projects may be funded by the City of St. Petersburg (City), by the Florida

Department of Transportation (FDOT), by other agencies or by a combination of funding sources. Projects funded in whole or in part with non-City funds shall be designed and constructed in conformance with the funding agency’s requirements, i.e. FDOT and/or Federal Highway Administration (FHWA). FDOT projects for which the services are required are listed in Appendix A, and others to be determined. Projects funded by FDOT are contingent upon legislative appropriation in funding year and are subject to change.

4.2. Scope of Services

A. General:

1. It shall be the responsibility of the firms or individuals to administer, monitor, and inspect the

Construction Contract between the City and Contractor, such that the project is constructed to conform with the plans, specifications, and special provisions, including State and Federal

Funding Requirements, for the Construction Contract.

2. Observe the Contractor’s work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to the City, and direct the Contractor to correct such observed discrepancies.

3. Assist in preparing a supplemental funding request and coordinate with the City for processing change order requests with funding agency.

4. Coordinate with the City Construction Manager for any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor.

B. Survey Control:

1. Check or establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project in order to:

a. Make and record measurements necessary to calculate and document quantities for pay items,

b. Make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and

c. Perform incidental engineering surveys.

C. On-Site Inspection:

1. Monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction

Contract to determine that the projects are constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work.

2. Monitor and inspect Contractor’s work zone traffic control plan and review modifications to the work zone traffic control plan, including alternate work zone traffic control plan, in accordance with FDOT’s procedures. Firm's or individual's employees performing such services shall be qualified in accordance with FDOT’s procedures.

D. Sampling and Testing:

1. When directed by the City, the firms or individuals shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's quality control activities and perform the sampling and testing of materials and completed work items for verification and acceptance.

2. Determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, certified labels and stamps, etc.

3. The City will monitor the effectiveness of the firm's or individual's testing procedures through observation and independent assurance testing.

4. Sampling, testing and laboratory methods shall be as required by the City and/or FDOT's

Standard Specifications, FDOT's Supplemental Specifications or as modified by the special provisions of the Construction Contract.

5. Documentation reports on sampling and testing performed by the firms or individuals shall be submitted during the same week that the construction work is done.

6. Input verification testing information and data into FDOT’s database using written instructions provided by FDOT.

E. Engineering Services:

1. Coordinate the Construction Contract administration activities of all parties other than the

Contractor involved in completing the construction project.

2. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract.

Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed:

a. Attend a Pre-Construction Conference, Resident Compliance Officer to attend meeting.

b. Schedule and attend a meeting with the District Contract Compliance Manager prior to the Pre-construction Conference (if required). The Resident Compliance Officer shall attend this meeting. In most cases, the above will take two (2) separate meetings based on experience and knowledge of the particular firm.

c. Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control

Training and Certification Program for Inspectors and Contractors”. The firms or individual’s inspector will be familiar with the requirements set forth in the FEDERAL

REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final

NPDES General Permits for Storm Water Discharges from Construction Sites" and

FDOT’s guidelines.

d. Analyze the Contractor’s schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and Temporary Traffic Control (TTC) sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in the Construction Project Administration Manual (CPAM).

e. Analyze problems that arise on a project and proposals submitted by the Contractor; work with the Construction Manager to resolve such issues and process the necessary paperwork for City approval.\

f. Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the City to make timely payment to the Contractor.

g. Prepare and make presentations for meetings and hearings in connection with the project covered by the Agreement and Task Order.

h. Monitor each Contractor and subcontractor’s compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with contract requirements.

i. Provide a Resident Compliance Officer for surveillance of the Contractor’s compliance with Construction Contract requirements. The Resident Compliance Officer is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal

Training, Payroll, Subcontracts, Commercial Use Functions, and On The Job Training.

The Resident Compliance Officer must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested.

j. Conduct inspection of Job Boards and Employee Interviews.

k. City shall provide Public Information Services.

l. Prepare and submit to the City Construction Manager monthly, a Construction Status

Reporting System (CSRS) report, in a format to be provided by the City.

m. Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy.

n. Provide a digital camera for photographic documentation of pre- construction state and of noteworthy incidents or events during construction.

i. These photographs will be filed and maintained on the firms or individual's computer using a digital photo management system.

ii. Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken the days of conditional, partial and final acceptance.

F. Geotechnical Engineering:

1. Become familiar with the existing site conditions and the contract documents. Observe and record the progress and quality of foundation work to determine that the foundations are constructed at the correct location and elevation, identify discrepancies, submit monthly progress reports to the City Construction Manager, and direct the Contractor to correct such observed discrepancies. Attend the preconstruction conference and/or special geotechnical meeting for the Construction Contract. All services under this section will be performed in accordance to FDOT Specification Section 455. The geotechnical engineer will provide the following services with the assistance of a qualified inspector who has completed the FDOT

Drilled Shaft/Pile Driving Qualification courses.

a. Drilled Shafts:

i. Review the drilled shaft installation plan submitted by the Contractor for materials, methods, equipment, etc., and provide recommendations to the City within five (5) working days of the Contractor’s submission.

ii. Observe installation of test hole {methods shaft(s)} such that it is constructed in accordance with the plans, specifications, and special provisions for the

Construction Contract. The firms or individuals shall report on the adequacy of the

Contractor’s methods within three (3) working days of completion of the test hole

{methods shaft(s)} construction.

iii. Observe construction of test holes, load test shafts, and production shafts. This includes review of testing of drilling slurry, core drilling and core logs, and other procedures as required.

iv. Inspect the bottom of the shafts for cleanliness using manual soundings or shaft inspection device as required in the contract documents.

v. Provide all necessary forms and keep a log of all inspections made of the shafts.

These logs made during the shaft inspections shall be turned over to the City within three (3) working days after completion of any shaft. Logs shall be signed and sealed by the geotechnical engineer.

vi. Provide a written report of all test shaft installations to the City Construction

Manager within three (3) working days of shaft completion.

vii. When conditions occur which are different from those indicated on the plans, the geotechnical engineer shall immediately report them to the City Construction

Manager. Recommend adjustments to the authorized depths as necessary to obtain the shaft capacity to the City for approval.

viii. Hire a qualified engineer to perform non-destructive integrity testing of drilled shafts as required to estimate shaft uniformity and to detect possible shaft defects.

ix. Review concrete placement records to identify possible causes of shaft integrity problems.

x. Evaluate problems encountered during construction, and coordinate with the City

Construction Manager to resolve such problems.

b. Piles:

i. Review Contractor’s Pile Installation Plan and provide comments to the City

Construction Manager within five (5) working days of the Contractor’s submittal.

ii. Perform Wave Equation Analysis for Piles (WEAP) to determine suitability of hammer driving system for the project. Provide results (check stresses, design capacity, and ultimate capacity) to the City Construction Manager within five (5) working days of the Contractor’s submittal.

iii. Ensure dynamic testing performed (per the contract documents and when deemed necessary by the City Construction Manager) during initial driving and re-drives.

iv. When monitoring the test pile driving process, determine proper fuel settings, thickness of pile cushions and when they need changing. Record all pertinent information that is needed to determine the driving criteria such as jetting, preforming, pre-drilling, reference elevation, hammer serial number hammer cushion material and thickness, pile cushion material and thickness, etc. This information shall be provided to the City Construction Manager within 24 hours after the test pile driving process is completed. In most cases this information will be requested immediately following test pile completion. Submit electronic Pile Driving Analyzer

(PDA) files within 24 hours after the test pile is completed.

v. Ensure Case Pile Wave Equation Analysis (CAPWAP) is performed on test pile data for selected blows, using the latest version. At a minimum, CAPWAP shall be performed on initial drive data where required resistance is obtained below the minimum tip elevation and on set-check data (if any). If requested, the end of drive

CAPWAP will be performed in the field upon completion of the drive, otherwise it shall be completed within 24 hours of driving the instrumented pile.

vi. Analyze the test data and available soils data as required to establish production pile lengths and driving criteria. The analysis must include WEAP utilizing CAPWAP results, to determine the driving criteria that will correlate accurately with driving resistance, blows per foot, energy, stresses and capacity. Submit preliminary report(s) recommending production pile lengths and driving criteria to the City Construction

Manager for approval within four (4) working days after the test pile program is completed, unless requested sooner. The preliminary report shall include CAPWAP and WEAP printed & plotted outputs, and all raw data obtained by the PDA and

CAPWAP solutions on DVD or CD computer disks.

vii. Furnish final written letters, signed and sealed, in the agreed format for production pile lengths and the driving criteria. The driving criteria letter must include blow count criteria, special requirements and limitations on settings (strokes/energy) to limit the stresses per the Specifications. Include recommendations as to what to consider firm driving when applicable, to obtain the required minimum penetration.

viii. For projects with Embedded Data Collectors (EDCs), provide personnel proficient in operation of EDC monitoring equipment for data collection, interpretation and analysis. Utilize the most current version of Smart- Structures software along with antenna, workstation and stand. Provide qualified personnel capable of making accurate determination of pile acceptability in real time. Pack and submit the collected EDC data to the City Construction Manager within 24 hours of driving each pile.

G. Other Services:

1. Upon written authorization by the district construction engineer or designee, the firms or individuals will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the City to supplement the firm's or individual's services under this

Agreement.

a. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by the Agreement and Task

Order.

b. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement and Task Order.

c. Provide inspection services in addition to those provided for in the Agreement and Task

Order.

d. Provide services determined necessary for the successful completion and closure of the

Construction Contract.

5. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Team Background & Key Staff Availability 0-10 Points 33 (33% of Total)

2. Experience and Relevant Project Examples 0-10 Points 25 (25% of Total)

3. Project Approach 0-10 Points 22 (22% of Total)

4. Is the Firm a Minority Business Enterprise

(MBE)?

Pass / Fail 3

(3% of Total)

5. Is the Firm a Small Business Enterprise

(SBE)?

Pass / Fail 3

(3% of Total)

6. Is the Firm a Woman Owned Business

Enterprise (WBE)?

Pass / Fail 3

(3% of Total)

7. Is the Firm a Disadvantaged Business

Enterprise (DBE)?

Pass / Fail 3

(3% of Total)

8. Does the Project Team include a Minority

Business Enterprise (MBE)?

Pass / Fail 2

(2% of Total)

9. Does the Project Team include a Small

Business Enterprise (SBE)?

Pass / Fail 2

(2% of Total)

10. Does the Project Team include a Woman

Owned Business Enterprise (WBE)?

Pass / Fail 2

(2% of Total)

11. Does the Project Team include a

Disadvantaged Business Enterprise (DBE)?

Pass / Fail 2

(2% of Total)

6. General Terms

6.1. Vendor Registration

Vendor must register online with the City of St. Petersburg via their online sourcing system at https://procurement.opengov.com/signup and subscribe to City's Portal at https://procurement.opengov.com/portal/stpete for solicitation notifications. Prior to an award of an

Agreement resulting from this solicitation, Vendor shall be registered with the Florida Department of

State, Division of Corporations to do business within the State of Florida in accordance with Florida

Statute 607.1501.

6.2. Solicitation Review

Vendors are required to carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defects and questionable or objectionable material must be made in writing to the Procurement Analyst of record for this solicitation and received by the City at least 10 days before the solicitation submission deadline. This will allow issuance of any necessary addendum. A protest based on omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the City, in writing, at least 10 days before the time set for submission deadline.

6.3. Solicitation Response Preparation

Vendors are expected to examine this solicitation and all related documents. Failure to do so is at the

Vendor’s risk. Each vendor shall furnish the information required by this solicitation. Vendor(s) shall retain a copy of all documents for future reference. All solicitation responses must be submitted with the

Vendor’s legal name and by an officer or employee having the authority to bind the Vendor by his or her signature.

The City will not pay any costs associated with the preparation, submittal, presentation, or evaluation of any solicitation response.

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 12:00 pm on Tuesday, November 25, 2025. Questions will be answered via City's online sourcing system no later than 3:00 pm on Tuesday, December 2, 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/199651 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/199651 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.Scarbrough@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 mailto:stephanie.swinson@stpete.org real property to a public entity, (iv) be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an Agreement with any public entity, or (v) transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.

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. Background Checks

7.1. Level 2- Parks and Recreation

Parks & Recreation - A Level 2 background check is required for individuals accessing a Parks &

Recreation location with childcare facilities.

The A/E shall conduct a security background investigation that meets the standards set forth in Florida

Statute Section 435.04 (“Level 2 Background Screening”) for each A/E employee and subconsultant/subcontractor employee performing Work at the work site in accordance with the screening requirements set forth in Florida Statute Section 402.302 and Florida Administrative Code Chapters 65C-

20, 65C-22 and 65C-25.

Prior to allowing an A/E employee or subconsultant/subcontractor employee to perform Work at the work site, the A/E shall submit to the City's Design Manager an affidavit certifying that each such employee possesses, and shall continue to possess for the duration of the Project, a valid letter determining that a

Level 2 Background Screening was performed and did not identify criminal convictions or other criminal history factors that would disqualify that employee from accessing the work site (“Clearance Letter”). In the event A/E becomes aware that any A/E, subconsultant/subcontractor employee has been arrested or convicted for a disqualifying offense, A/E shall immediately remove that employee from the work site.

An updated list of all A/E, subconsultant/subcontractor employees with access to the work site shall accompany the affidavit and be provided to the City's Design Manager along with the cell phone number of the A/E's representative responsible for those employees. At any time, the City may request to view the

Clearance Letters of any or all A/E, subconsultant/subcontractor employees working at the work site. The requested information shall be made available for viewing as soon as possible, but no later than twenty-four (24) hours after the request. If the A/E fails to provide the requested documentation, the employee(s) in question will not be allowed to continue work until the appropriate documentation has been received.

The A/E shall not be allowed an extension of the Contract Time due to any delay in the performance of the Work attributable to a A/E, subconsultant/subcontractor employee's inability to perform Work due to a Clearance Letter being unavailable for inspection. The failure of the A/E to submit an appropriate affidavit or the submission of an affidavit containing false information shall be considered a substantial violation of the terms and conditions the Contract Documents and shall provide a basis for termination of the Contract.

7.2. Port- A Federal Transportation Worker Identification Card (TWIC)is required to access port facilities.

Any A/E, subconsultant/subcontractor employee performing Work at the Work site shall (i) comply with the Maritime Transportation Security Act of 2002, 46 U.S.C. § 70101, et seq. (including any amendments thereto and any regulations or rules promulgated thereunder), (ii) comply with Florida Statute § 311.12, and (iii) possess a valid federal Transportation Worker Identification Credential (TWIC). The A/E shall not be allowed an extension of the Contract Time due to any delay in the performance of the Work attributable to an A/E, subconsultant/subcontractor employee’s inability to obtain a TWIC.

7.3. Water Resources Department- Criminal background checks in accordance with state statute are required for persons having regular access to the Water Department's buildings, facilities and structures.

The A/E shall conduct a criminal history check (“Background Check”) for each A/E, subconsultant/subcontractor employee that will have regular access to the work site in accordance with the background check requirements set forth in Florida Statute Section 373.6055.

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