Continuing_Services_Contract_for_Design_of_FDOT_LAP_Projects.pdf

RFQ- 24 - 012

CONTINUING SERVICES CONTRACT FOR DESIGN OF

FDOT LAP PROJECTS

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: November 13, 2024

DEADLINE FOR QUESTIONS: December 4, 2024

RESPONSE DEADLINE: December 17, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Continuing Services Contract for Design of FDOT LAP Projects

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Evaluation Phases

V. Scope of Work

VI. General Terms

Attachments:

A - Draft AE Agreement

B - 2024 Project List

C - FDOT Forms

#RFQ- 24 - 012

Title: Continuing Services Contract for Design of FDOT LAP Projects

1. Introduction

1.1. Summary

The City of St. Petersburg, Florida (“City”), is requesting Statements of Qualifications (SOQ) and intends to award a maximum of five (5) contracts from FDOT pre-qualified firms or individuals interested in performing the professional services described in this RFQ. Firms should be pre-qualified by FDOT in

Major and Minor Work Types: 3.1, 3.2, 4.1, 7.0, and 8.0. A detailed description of the Scope of Services is contained in Section 5.

1.2. Background

Projects included in the Continuing Services Contract for Design of Florida Department of Transportation

(“FDOT”) Local Agency Program (“LAP”) Projects may be funded by the City of St. Petersburg, by the

FDOT, by other agencies or by a combination of funding sources. All projects within this RFQ shall be designed and constructed in conformance with the funding agency’s requirements, i.e. FDOT and/or

Federal Highway Administration (FHWA). Projects funded by FDOT are contingent upon legislative appropriation in funding year and are subject to change.

1.3. Contact Information

Gabriella DiPiazza Procurement Analyst Email: gabriella.dipiazza@stpete.org Phone: (727) 893-4248

Department:

Engineering

1.4. Timeline

*Timeline is subject to change

Solicitation Published November 13, 2024

Deadline for Questions December 4, 2024, 3:00pm

Deadline for Submittals December 17, 2024, 3:00pm

Evaluation/Shortlisting January 7, 2025, 1:00pm

1 4th St N, Saint Petersburg, Fl 33701, Conference

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

Interviews/Selections January 27, 2025, 1:00pm

1 4th St N, Saint Petersburg, Fl 33701, Conference

Room 800

2. Solicitation Information

2.1. Submission or Receipt of Proposal

Statement of Qualifications will be received through the OpenGov no later than 3:00 pm on Tuesday, December 17, 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).

If two (2) or more ranked firms are tied, and it is necessary to break the tie, the tie shall be broken and the higher rank firm or firms, shall be selected by the following criteria presented in order of importance and consideration: Preference to the firm receiving the highest points given for the highest weighted evaluation criteria.

If less than three responses are submitted, the City may elect to extend the solicitation to encourage more responses, upon concurrence from FDOT and/or FHWA. At least two more qualified responses than number of contracts being awarded will be shortlisted.

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 member, officer or employee of the City during their tenure or for two (2) years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

No consulting service contract will be awarded to any firm or for a period of two (2) years after they have employed any City employee, provided, however, that this provision will not apply in the event the employee so hired is not involved in any way with the 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 and Public Law 92-582 - Brooks 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

Continuing Services Contract for Design of FDOT LAP Projects

City of St. Petersburg, Florida

Instructions: The Request for Qualifications must include the following information using Standard Form 330, in the order listed. Upload all responses as one continuous PDF labeled “Statement of Qualifications Requirements”.

A. Submittal Requirements

Item Section Page Maximum

B. Transmittal Letter 1

C. Table of Contents/PDF Bookmarks 1

D. Project Team (SF 330, Sections A – E) 15 E. Experience and Reference Projects (SF 330, 10

Sections F – G)

F.1. Firm Specific Qualifications 4

F.2. Project Approach 4

F.3. Safety 1

F.4. CADD and GIS capabilities 1

F.5. General Qualifications (SF 330, Part II) 1 Per Firm or Subconsultant

F.6. References 1

F.7. FDOT LAP Experience 2

F.8. Contractual Failures No Maximum

F.9. FDOT LAP Design Elements 1

F.10. Licenses 1 Per Person on Team

Maximum Number of Pages for SOQ Response: 75*

*Proposals in excess of 75 pages may be deemed non-responsive by the Procurement and Supply Management Director.

B. Transmittal Letter

Offerors must submit a transmittal letter on the firm’s letterhead. It must be signed by a representative of the offeror authorized to sign such material and to commit the offeror to the obligations contained in the SOQ. The transmittal letter must include the name, address, phone number and e-mail address for the offeror’s contact, and must specify who would be the firm’s signatory to any contract documents executed with the City. The transmittal letter may include other information deemed relevant by the offeror.

C. Table of Contents/PDF Bookmarks

Include a Table of Contents and Bookmark each section of the PDF.

D. Project Team (SF 330, Sections A – E)

In this section, the offeror must use SF 330 Part I, A – E to describe the composition and organization of the team.

Identify any other firms (such as sub-contractors and sub-consultants) included on the project team along with the offeror.

The organizational chart should indicate the reporting relationships and responsibilities of the offeror, including any subconsultants and subcontractors.

Key personnel shall include the offeror's project manager, at least one (1) substitute project manager, and other individuals with specific skills relevant to the anticipated work. The proposed project manager and the proposed substitute shall have a minimum of ten (10) years of applicable experience and shall remain with the project throughout the term of the City's standard agreement. The project manager shall not be replaced or substituted without the prior approval of the City. The City may request an interview with the short -listed firm's proposed project managers. The key project manager or their approved substitute(s) shall be available for all meetings. Experience included on the resume(s) must be limited to projects completed within the past ten (10) years.

E. Experience and Reference Projects (SF 330, Sections F – G)

In this section, the offeror must use SF 330 Part I, F – G to describe the performance history and experience of the project team on similar FDOT LAP projects.

The information should demonstrate the firm’s ability to work cooperatively with multiple clients and any third-party. Submit a combination of five (5) reference projects completed in the past eight (8) years, each with a construction value between 100,000 and ten (10) million dollars that demonstrate relevant experience.

F. Additional Information (SF 330, Section H)

1. Firm Specific Qualifications

The offeror should identify the key strengths of the firm, highlight capabilities and areas of specialization provided by the firm, and state the availability of prequalified FDOT personnel.

2. Project Approach

The offeror should identify the process utilized on other FDOT LAP contracts and the process envisioned for the services identified in this RFQ to ensure task authorizations meet expectations.

This should include the process envisioned for interfacing with the City through the project manager. If subconsultants are part of the team, describe the specific scope of work for each firm’s services and specifically in which types of projects the subconsultants will participate. Describe the firms approach to the management of subconsultants and subcontractors.

3. Safety

Provide a discussion on the firm’s approach to safety.

4. CADD and GIS Capabilities

Provide a discussion on the firm’s CADD and GIS capabilities. The City currently uses AutoCAD Civil 3D 2020, ESRI ARC MAP 10.6. All submitted electronic drawings will need to be compatible with this version of CADD.

5. General Qualifications (SF 330, Part II)

Provide one (1) updated SF 330 Part II, for the offeror's office(s) which will provide services identified in this RFQ. Provide the same information for each subconsultant.

6. References

Provide a list of three (3) client contact persons for whom the offeror has provided services similar in nature to the services identified in this RFQ.

7. FDOT LAP Experience & Relevant Project Examples

Provide a list of projects, including dates and contract amounts for previous and current work performed by offeror for the City of St. Petersburg.

8. Contractual Failures

Describe any alleged, significant prior or ongoing contract failures, licensing or permit violations, claims on bonds, any civil or criminal litigation or investigation pending (including wage theft complaints filed) which involves the firm or in which the firm has been judged guilty or liable.

9. FDOT LAP Design Elements

Describe the process your firm will use on FDOT LAP projects to address the needed requirements to adhere to LAP guidelines. Possible elements include, but are not limited to, the need for public meetings, what design criteria to use and when to use it, what to do when additional right-of-way is needed, how to address Utility Agency Owners, etc.

10. Licenses

Provide copies of offeror's and individual’s current applicable Florida License.

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. Address for Headquarters location.*

*Response required

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

3.1.4. 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

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

*Response required

3.1.6. Year the Company was Founded.*

*Response required

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

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

3.1.9. Company’s bank of record.*

*Response required

3.1.10. 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

3.1.11. 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

3.1.12. 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

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

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

*Response required

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

☐ No

*Response required

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

§287.135 related to scrutinized companies.* ☐ Yes

☐ No

*Response required

3.1.16. 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

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

Florida Statute §286.101 (3)(a).

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

☐ No

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

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

☐ No

*Response required

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

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. Evaluation Phases

No. Evaluation Criteria Scoring Method Weight (Points)

1. Team Background and Experience 0-10 Points 30 (37.5% of Total)

2. Availability of Personnel Pre-Qualified by

FDOT

0-10 Points 20

(25% of Total)

3. Project Approach 0-10 Points 10 (12.5% of Total)

4. Relevant FDOT LAP Design Project

Examples 0-10 Points 20

(25% of Total)

5. Scope of Work

5.1. Scope of Services

A. INTENT

The City of St. Petersburg, Florida (“City”) is seeking the services of qualified

Architectural/Engineering (“A/E”) firms to provide engineering design services for various projects, located in the City. Projects included in the Continuing Services Contract for Design of Florida

Department of Transportation (“FDOT”) Local Agency Program (“LAP”) Projects may be funded by the City of St. Petersburg, by the FDOT, by other agencies or by a combination of funding sources. All projects within this RFQ shall be designed and constructed in conformance with the funding agency’s requirements, i.e. FDOT and/or Federal Highway Administration (FHWA). Projects funded by FDOT are contingent upon legislative appropriation in funding year and are subject to change.

B. BACKGROUND

The City has been awarded various grants for the design and construction of projects related to traffic safety, pedestrian safety, complete streets improvements, and general roadway improvements. These projects will be administered through FDOT’s LAP within District 7.

The selected firms will work on behalf of the City to design plans for submission and approval by

FDOT, FHWA, and the City.

C. SCOPE

The work will consist of performing engineering design services to prepare construction plans for roadway improvements, sidewalk improvements, traffic and signal improvements, and various complete streets elements. The work may also include surveying services at the election of the City.

The below tasks should be utilized on all projects within this agreement; however, they are not limited to these specific tasks. Each Task Order will review the defined scope and adjust each task accordingly.

TASK 1 TOPOGRAPHIC SURVEY SERVICES

Depending on the task order scope, the City may elect to either include survey services within the A/E’s task order or perform the survey in-house. If the City elects to perform the survey in-house, the City will state this within the Qualification Request when selecting the most qualified A/E. The City will supply the survey data in CAD to the selected A/E.

1. Topographic Survey

If directed by the City, the A/E shall perform topographic surveying services and prepare survey deliverables required to complete design phase work along with other associated/related work.

TASK 2 DESIGN SERVICES

Each design phase listed below (30/60/90/Final) will be required to be submitted to FDOT and the

City within their preferred online system. Each preferred system will be stated in the work request.

The A/E will be required to maintain access to the FDOT systems, but not limited to, Electronic

Review Comments, Equal Opportunity Compliance, One Stop Permitting, etc. The A/E will be required to upload submittals and provide comments/responses on plan submittals.

The A/E will be required to attend a Design Review Meeting for each design submittal, as requested in each task order. The A/E will be required to address each comment from all City staff and FDOT staff.

At the time when needed, the A/E will be required to complete and submit to the City & FDOT all

Clear Letters and the Construction Checklist.

2.1 30% Design

A/E shall prepare 30% construction drawings and construction cost estimate and perform other associated/related work, following the previously prepared Conceptual Plan and updating to reflect current conditions and scope.

2.2 60% Design

A/E shall prepare 60% construction drawings, construction cost estimate, draft bid specifications, and perform other associated/related work, incorporating City comments and changes requested during the 30% design phase.

2.3 90% Design

A/E shall prepare 90% construction drawings, construction cost estimate, bid specifications, clear letters, construction checklist, and perform other associated/related work, incorporating City comments and changes requested during the 60% design phase.

2.3 Final Design Documents

A/E shall prepare final, signed and sealed construction drawings along with a final engineer’s estimate of probable construction cost, final technical specifications package, final signed clear letters, final construction checklist, and perform other associated/related work, incorporating City comments and changes requested during the 90% design phase.

2.4 Bidding Phase Services

If directed by the City, the A/E shall provide bidding assistance services for task orders.

The City reserves the right to delete, alter, or add to any of the above tasks based on City needs and/or discussions with the selected A/E.

TASK 3 UTILITY AGENCY OWNER (“UAO”) COORDINATION

3.1 Utility Coordination

If directed by the City, the A/E shall provide Utility Coordination services for the task orders.

The A/E shall perform the necessary requirements to fully certify the utilities for each task order.

The requirements are as follows, but not limited to submitting a design ticket to Sunshine 811, contacting each UAO at the 30/60/90/Final phases, scheduling, attending, and hosting utility design meetings as needed, requesting Red-Green-Brown utility markups, requesting utility work schedules, identifying utility conflicts against the proposed work, and following up with UAO’s to ensure any relocations are scheduled.

The City reserves the right to delete, alter, or add to any of the above tasks based on City needs and/or discussions with the selected A/E.

D. CRIMINAL BACKGROUND CHECKS

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 of the Contract

Documents and shall provide a basis for termination of the Contract.

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 Wednesday, December 4, 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/64326 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/64326 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 https://procurement.opengov.com/portal/stpete/projects/64326

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. Errors and Omissions in the Solicitation

It is the responsibility of each Proposer before submitting a Proposal, to (1) examine the Solicitation

Documents thoroughly, (2) consider Federal, State and Local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (3) study and carefully correlate Proposer's observations with the Solicitation Documents, and (4) notify the Contact Person of all conflicts, errors or discrepancies in the Solicitation Documents prior to submitting a formal Proposal.

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. 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.

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.

6.11. 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.

6.12. 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.

6.13. 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.

mailto:stephanie.swinson@stpete.org

6.14. Protest

Protests arising from a solicitation, contract award, or exceptional purchase by electronic posting shall be handled pursuant to Chapter 120.57, Florida Statutes

Any actual or prospective vendor who is aggrieved in connection with the solicitation or award of an Agreement may protest to the Procurement and Supply Management Director. The protest shall be submitted in writing within 10 days after such aggrieved person knows or should have known of the facts giving rise thereto. The Procurement and Supply Management Director shall have the authority to settle and resolve a protest of an actual or prospective aggrieved vendor concerning the solicitation or award of an Agreement. If the protest is not resolved by mutual agreement, the

Procurement and Supply Management Director shall promptly issue a decision in writing stating the reasons for the action taken and inform the aggrieved person that he or she may make an appeal to the Mayor or designee within five working days.

Vendor’s appeal will be heard by either the Mayor or City Administrator. All complaints, grievances or appeals must be made no later than seven calendar (7) days preceding the date of the City Council meeting approving the

Agreement or no later than seven calendar (7) days following the selection of the successful Vendor if the Agreement is not subject to approval by City Council.

6.15. 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.

6.16. 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.

6.17. 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.

6.18. 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.

6.19. 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.

6.20. 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.

6.21. 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.

6.22. 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).

6.23. 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.

6.24. 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.

6.25. Federal Cost Principles

A determination of allowable costs in accordance with Federal cost principles will be performed for services rendered under any FDOT contract from this solicitation.

6.26. Firm or Individual Evaluation

At the end of each project assigned, or sooner if required, the City will complete an evaluation of the Firm or individual's work, to include communication, quality of work, ability to meet schedule, construction phase results, etc.