Consulting_Services,_Albert_Whitted_Airport_Projects_(Addendum_#1_Revision).pdf

RFQ- 24 - 207

CONSULTING SERVICES, ALBERT WHITTED AIRPORT

PROJECTS

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: July 9, 2024

DEADLINE FOR QUESTIONS: July 30, 2024

RESPONSE DEADLINE: August 8, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Consulting Services, Albert Whitted Airport Projects

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Evaluation Phases

V. Scope of Work

VI. General Terms

VII. Insurance

Attachments:

A - Appendix A - Scope of Services

B - Appendix B - Multi-Year - AE Agreement

C - Appendix C - SOQ Requirements - Multi-Year Agreements Addendum No. 1

D - Appendix D Airport CIP Summary - 2025-2030

E - SF 330 Architect-Engineer Qualifications

#RFQ- 24 - 207

Title: Consulting Services, Albert Whitted Airport Projects

1. Introduction

1.1. Summary

The City of St. Petersburg is seeking firms for design & consulting services related to the Albert Whitted

Airport project(s). Services include but are not limited to the services listed in the attached Scope of

Services. Albert Whitted Airport projects may be funded by the City, by FDOT, by FAA, by SWFWMD, by other agencies or by a combination of funding sources. Projects funded in whole or in part with non-

City funds shall be designed in conformance with the funding agency’s requirements – i.e. FAA, FDOT, SWFWMD, etc.

1.2. Contact Information

Gabriella DiPiazza Procurement Analyst 1 4th Street N, 5th Floor St. Petersburg, FL 33701 Email: gabriella.dipiazza@stpete.org Phone: (727) 893-4248

Department:

Engineering

1.3. Timeline

*Timeline is subject to change

Solicitation Published July 9, 2024

Deadline for Questions July 30, 2024, 3:00pm

Deadline for Submittals August 8, 2024, 3:00pm

Evaluation/Shortlisting September 3, 2024, 1:00pm 1 4th St N, Saint Petersburg, Fl 33701, Conference

Room 800

Interviews/Selections September 24, 2024, 1:00pm 1 4th St N, Saint Petersburg, Fl 33701, Conference

Room 800 mailto:gabriella.dipiazza@stpete.org tel:(727)893-4248

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 Thursday, August 8, 2024.

2.2. Standard for Award

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. Rejection Rights

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

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

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

2.5. 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.

2.6. 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.

2.7. Submittal Requirements

Please refer to Appendix C - Statement of Qualifications Requirements.

https://procurement.opengov.com/portal/stpete/projects/98504

3. Vendor Questionnaire

3.1. General Information

3.1.1. Is the Vendor registered with the Florida Department of State, Division of

Corporations (Sunbiz) in accordance with Florida Statute §607.1501?*

☐ Yes

☐ No

*Response required

3.1.2. Is the Vendor a City of St. Petersburg certified SBE? * ☐ Yes

☐ No

*Response required

3.1.3. Is the Vendor a City of St. Petersburg certified MWBE? * ☐ Yes

☐ No

*Response required

3.1.4. Address for Headquarters location.*

*Response required

3.1.5. Address of office providing service, if different than above.

3.1.6. Contact Information for Contact Person.*

This person must be capable of committing the company to an agreement with the City.

• Name

• Title

• Phone

• Email

*Response required

3.1.7. Description of nature of company’s business.*

*Response required

3.1.8. Year the Company was Founded.*

*Response required

3.1.9. Number of years company has operated under the current name.* *Response required

3.1.10. Number of years company has been in the present business.* *Response required

3.1.11. Company’s bank of record.*

3.1.12. Describe any litigation that the vendor has been a party to in the last five years where it was alleged that the offeror breached a contract for similar services with a client/customer and describe any contracts for similar services that the vendor failed to complete for similar services. Describe the facts and status of any such litigation or contract. * Type N/A if not applicable.

*Response required

3.1.13. Identify any government entity that has debarred or otherwise prohibited the vendor from responding to its competitive solicitations within the last five years. Describe the circumstances surrounding such debarment or other prohibition. * Type N/A if not applicable.

*Response required

3.1.14. The vendor acknowledges that it has read, understands and will comply with

Florida Statute §448.095 pertaining to required use of the U.S. Department of

Homeland Security E-Verify system. Should the City terminate the contract with the vendor for violation of §448.095, vendor may not be awarded a contract with the City for at least one year.* ☐ Please confirm

*Response required

3.1.15. The vendor acknowledges that its solicitation response is subject to Public

Records laws (Chapter 119, Florida Statutes).* ☐ Please confirm

*Response required

3.1.16. Will vendor allow other agencies to piggyback the contract if awarded?* ☐ Yes

☐ No

*Response required

3.1.17. The vendor hereby makes all certifications required by Florida Statute

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

3.1.18. Is vendor required to provide any disclosures to the City regarding a foreign country of concern pursuant to Florida Statutes §286.101 (3)(a)? * ☐ Yes

☐ No

*Response required

3.1.19. If YES, please provide the disclosure(s) in accordance with the requirements of

Florida Statute §286.101 (3)(a).

3.1.20. The vendor certifies that it takes no exceptions to the terms and conditions of the solicitation.* ☐ Yes

☐ No

*Response required

3.1.21. If exceptions are taken, specify in space below.

3.1.22. Has the vendor identified any trade secrets or confidential information in its solicitation response?* ☐ Yes

☐ No

*Response required

3.1.23. If yes to the above question, please upload your redacted proposal here.

3.2. Service Contracts Over $200,000

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

☐ Yes

☐ No

*Response required

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

☐ No

*Response required

3.3. Statement of Qualification Information

3.3.1. Statement of Qualification *

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

4. Evaluation Phases

A rating of 0 to 3 equates to below expectations, a rating of 4 to 7 equates to meeting expectations, and a rating of 8 to 10 equates to exceeding expectations.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Team Background and Key Staff

Availability 0-10 Points 30

(31.6% of Total)

2. Experience and Relevant Project Examples 0-10 Points 25 (26.3% of Total)

3. Project Approach 0-10 Points 20 (21.1% of Total)

4. Is the Firm a Disadvantaged Business

Enterprise (DBE)?

Pass / Fail 3

(3.2% of Total)

5. Is the Firm a Minority Business Enterprise

(MBE)?

Pass / Fail 3

(3.2% of Total)

6. Is the Firm a Small Business Enterprise

(SBE)?

Pass / Fail 3

(3.2% of Total)

7. Is the Firm a Woman Owned Business

Enterprise (WBE)?

Pass / Fail 3

(3.2% of Total)

8. Does the Project Team include a

Disadvantaged Business Enterprise (DBE)?

Pass / Fail 2

(2.1% of Total)

9. Does the Project Team include a Minority

Business Enterprise (MBE)?

Pass / Fail 2

(2.1% of Total)

10. Does the Project Team include a Small

Business Enterprise (SBE)?

Pass / Fail 2

(2.1% of Total)

11. Does the Project Team include a Woman

Owned Business Enterprise (WBE)?

Pass / Fail 2

(2.1% of Total)

5. Scope of Work

5.1. Intent

The City of St. Petersburg is seeking responses from qualified vendors to provide design & consulting services for Albert Whitted Airport projects on as-needed basis.

5.2. Scope of Services

Services include but are not limited to the services listed below. Albert Whitted Airport projects may be funded by the City, by FDOT, by FAA, by SWFWMD, by other agencies or by a combination of funding sources. Projects funded in whole or in part with non-City funds shall be designed in conformance with the funding agency’s requirements – i.e. FAA, FDOT, SWFWMD, etc.

1. Studies and evaluations.

2. Technical investigations.

3. Technical evaluations and pilot studies.

4. Permitting and compliance with Federal, State and City regulations:

a) Preparation of permit applications.

b) Pre-application meetings with regulatory agency(s).

c) Presentations before appropriate regulatory agency(s).

d) Respond to agency(s) questions and/or requests for additional information.

5. Facility planning and maintenance of Airport Master Plan:

a) Facilities implementation plan updates.

b) Airport layout plan updates and narratives.

c) Coordination with FAA or facility implementation and funding.

6. Environmental evaluations including:

a) Feasibility studies.

b) Assessments.

c) Impact statements.

d) Permitting assistance.

e) Determination of regional impact.

7. Designs (conceptual, preliminary, detailed):

a) New and rehabilitation of existing aviation infrastructure.

b) New and rehabilitation of existing aviation support facilities.

c) Seawall/revetment facilities.

d) Stormwater collection and treatment facilities necessary as a part of an airport project.

e) Environmental mitigation, including wetlands, necessary as a part of an airport.

8. Preparation of biddable and constructible documents:

a) Plans.

b) Technical specifications.

c) Bid forms.

d) Construction sequencing.

e) Cost estimates,

9. Project bidding including:

a) Review of bids.

b) Attendance at pre-bid meeting.

c) Recommendation for bid award.

10. Services during construction including:

a) Attendance at pre-construction meeting.

b) Review of shop drawings.

c) Site observations and inspections.

d) Review of change orders.

e) Review of contractor’s pay estimates.

f) Attendance at final inspection.

g) Providing required certifications.

h) Facility start-up.

i) Preparation of operation and maintenance manuals.

j) Staff training in proper operation and maintenance.

11. Review and/or update previously prepared plans and reports.

12. Review of various agreements between the City and its customers, suppliers and consultants.

13. Assistance with obtaining governmental grants and loans (FAA, FDOT, and others).

14. Expert witness testimony, preparation and legal/litigation assistance services.

15. Attendance and/or presentations at City Council meetings.

16. Attendance and/or presentations at public meetings and workshops.

17. Assistance to the City in development of project renderings and exhibits, etc.

18. Subconsultant and/or subcontractor administrative services.

19. Quality control/quality management.

20. Surveying:

a) Property surveys.

b) Topographic surveys.

c) Hydrographic surveys.

d) Preparation of easement descriptions.

e) Preparation of legal descriptions for acquisition of property.

f) Preparation of right-of-way maps.

g) Other surveying services.

21. Subsurface investigations.

22. Materials testing.

23. Noise studies.

24. Intermodal facility planning:

a) Evaluate intermodal transportation systems at the airport.

b) Evaluate and develop appropriate means of vehicle ingress/egress.

c) Evaluate and design site parking facilities.

d) Evaluate passenger and pedestrian flow.

e) Other related work.

25. Management, operations and marketing studies:

a) Conduct management studies of the existing operations at the airport.

b) Conduct operational studies of the existing airport.

c) Conduct marketing tests for programs and/or facilities proposed to be developed at the airport.

d) Evaluate retail/commercial needs and opportunities for any of the above programs

e) Other related work.

26. Provide assistance with regulatory compliance and general consulting, including but not limited to:

a) Existing and/or new FAA regulations and requirements.

b) Existing and/or new stormwater quality requirements.

c) Coordinate and arrange meetings as needed with regulatory agency(s).

d) Monitor and brief City staff on any new and/or proposed changes in regulatory requirements that will impact the operation of the City’s airport.

e) Preview of draft regulatory agency(s) documents; representation and presentations at public hearings and meetings; negotiation with regulatory agency(s); and representation at regulatory agency(s) and/or court hearings.

f) Provide other miscellaneous assistance related to regulatory and permitting issues.

27. Provide services related to energy reduction and conservation:

a) Evaluate existing facilities and processes for potential areas where energy conservation can be implemented.

b) Design modifications to existing facilities and/or new facilities with the intent of reducing energy consumption.

c) Evaluate existing and/or proposed facilities and processes to determine the carbon foot print and areas where the carbon foot print can be reduced.

d) Design modifications to existing facilities and/or new facilities with the intent of reducing their carbon foot print.

e) Evaluate existing and/or proposed facilities and processes to determine the availability of carbon credits and/or green energy credits.

f) Design modifications to existing facilities and/or new facilities with the intent of developing carbon credits and/or green energy credits.

g) Other services related to energy reduction and conservation.

28. Provide services related to fuel, chemicals and/or regulated substances:

a) Study and evaluate existing and proposed fuel systems.

b) Design modifications to existing fuel systems and/or new fuel systems in accordance will all applicable rules and regulations.

c) Submit appropriate permit applications and documents for fuel systems to the regulatory agency(s).

d) Study and evaluate existing and proposed chemical storage and feed systems

e) Design modifications to existing chemical storage and feed systems and/or new chemical storage and feed systems in accordance with all applicable rules and regulations.

f) Submit appropriate permit applications and documents for the chemical systems to the regulatory agency(s).

g) Study, test and evaluate existing facilities for the presence of regulated substances, including but not limited to lead and asbestos, in existing buildings, equipment, structures, and/or other facilities.

h) Design methods to safely remove and legally dispose of regulated substances in accordance will all applicable rules and regulations.

i) Submit appropriate permit applications and documents to the regulatory agency(s) for the removal and legal disposal of regulated substances.

29. Provide financial services:

a) Construction cost estimates during the study and design phase.

b) Operating cost estimates for equipment and processes.

c) Cost effective analysis and present worth analysis for proposed projects.

d) Rate and user charges analysis for airport customers.

e) Services related to issuance of additional bonds – traditional tax free bonds, taxable bonds, government subsidized taxable bonds (i.e. Build America bonds), and/or others.

f) Inspections, analysis, and reports necessary to comply with bond requirements.

g) Other financial services related to operating revenues and expenses.

h) Other financial services related to capital improvement revenues and expenses

i) Analysis of revenues and expenses for the airport.

j) Value engineering and/or cost effectiveness of proposed facilities.

k) Financial analysis related to capital and operating costs for public-private joint venture projects.

l) Other related financial work.

30.Provide services related to facility security:

a) Study, evaluate and design for the security requirements for existing and proposed facilities.

b) Study, evaluate and design video and other forms of remote surveillance at existing and proposed facilities.

c) Study, evaluate and design modifications and/or revisions to existing tanks, buildings and structures to “harden” them from potential damage from severe weather – i.e. Hurricanes, tornadoes, storm surge, etc.

d) Other services related to facility security.

31.Professional specialty services, including but not limited to:

a) Airport engineering.

b) Environmental engineering.

c) Civil/sanitary engineering.

d) Electrical engineering.

e) Mechanical engineering.

f) Structural engineering.

g) Architecture.

h) Landscape architecture.

i) Computer/Scada/instrumentation engineering.

j) Hydraulic engineering.

k) Geotechnical.

32.Professional services necessary to serve needs of potential projects as listed in Appendix D.

33.Other related work.

6. General Terms

6.1. Vendor Registration

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

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

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

Statute 607.1501.

6.2. Solicitation Review

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

6.3. Solicitation Response Preparation

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

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

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

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

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 3:00 pm on Tuesday, July 30, 2024. Questions will be answered via City's online sourcing system no later than NO VALUE on NO VALUE. More complex questions may require a written addendum to the solicitation. Explanations or instructions will not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of an Agreement will not be binding. If necessary, a written addendum to this solicitation will be issued and posted on the City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/98504 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/98504 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.

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 https://procurement.opengov.com/signup https://procurement.opengov.com/portal/stpete https://procurement.opengov.com/portal/stpete/projects/98504

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 a bid bond as indicated in the solicitation, if applicable.

6.10. Cash Discounts

When the City is entitled to a cash discount, the period of computations will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the Agreement, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies.

6.11. Award

The solicitation will be awarded based on the requirements outlined in the scope, the criteria or factors identified in the solicitation, and the standard for award for the solicitation. The City reserves the right to accept or reject any or all parts of the solicitation response, waive informalities, and request re-solicitations on the services or products outlined in the scope. The City reserves the right to award the

Agreement on a split-order, lump-sum, or individual item basis, or such combination as shall best serve the interest of the City unless otherwise specified.

Pursuant to Florida Statute sec. 287.05701, the City will not request documentation of a Vendor’s social, political, or ideological interests, consider such interests, or give preference to a vendor based on such interests.

6.12. Acceptance Period

Unless otherwise specified in this solicitation, the solicitation response may be held by the City for a period of ninety (90) days after the submission deadline and will continue in full effect and not be subject to withdrawal during that period until an Agreement has been executed with a Vendor. If no Agreement has been executed within the ninety-day period, any solicitation response may be withdrawn or nullified by either the City or the Vendor, or be deemed to be confirmed and extended in time for as long as permitted by the Vendor submitting each solicitation response.

6.13. Right to Reject

Vendors must comply with all the terms of the solicitation, all applicable provisions of the City of St.

Petersburg City Code, and all applicable federal and state laws. The City may reject any solicitation response that does not comply with all material and substantive terms, conditions, and performance requirements of the solicitation.

The City may waive minor informalities that (i) do not affect responsiveness; (ii) are merely matter of form or format; (iii) do not change the relative standing or otherwise prejudice other vendors; (iv) do not change the meaning or scope of the solicitation; (v) are trivial, negligible or immaterial in nature; (v) do not effect a material change in the work; or (vi) do not constitute a substantial exclusion or modification of a requirement or provision in the solicitation.

6.14. Vendor Complaints

All complaints or grievances should be first submitted in writing to the Procurement & Supply

Management Director, by email at Stephanie.Swinson@stpete.org or by mail to P. O. Box 2842, St.

Petersburg, FL 33731 who will promptly investigate the validity of the complaint and present the findings in writing to the person who submitted the complaint.

6.15. Protest

(a) All protests related to a solicitation or award must be first submitted in writing to the POD no later than seven (7) days preceding the date of the City Council meeting approving the contract, or no later than seven (7) calendar days following the selection of the successful bidder if the contract does not require City Council approval.

(b) The POD will consider the protest if it is timely filed and contains the following:

(1) Sufficient information to identify the solicitation or award that is the subject of the protest;

(2) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive or legally flawed;

(3) Evidence or supporting documentation that supports the grounds on which the protest is based; and

(4) The relief sought.

(c) If the protest meets the requirements of subsection (b) of this section, the POD will investigate the validity of the protest and present the findings in writing to the person or entity that submitted the protest. Otherwise, the POD will promptly notify the person or entity that submitted the protest that the protest is untimely or that the protest failed to meet the requirements of subsection (b) of this section and give the reasons for the failure.

(d) If the person or entity is dissatisfied with the POD’s response, the person or entity may then make an appeal to the City

Administrator, who will hear the appeal. The City may not establish appellate jurisdiction of the courts; however, if allowed by the

Florida Rules of Appellate Procedure or other rule or judicial decision, the decision from the City Administrator is the final decision of the City and may be subject to judicial review in the manner provided by law.

6.16. Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not (i) submit a solicitation response on an Agreement to provide any goods or services to a public entity, (ii) submit a solicitation response on an Agreement with a public entity for the construction or repair of a public building or public work, (iii) submit a solicitation response for leases of real property to a public entity, (iv) be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an Agreement with any public entity, or (v) transact business with any public entity in 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.

mailto:stephanie.swinson@stpete.org

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.

7. Insurance

7.1. Commercial General Liability

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

7.2. Commercial Automobile Liability

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

7.3. Worker's Compensation

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

7.4. E&O/Professional Liability

Errors & Omissions/Professional Liability insurance appropriate to Contractor’s profession with a minimum limit of $1,000,000 per occurrence. If coverage is on a “Claims Made” basis, it must include a retroactive date of coverage beginning no later than the date this agreement is executed.