Enoch_Davis_Recreation_Center_Improvements_(Project_No._23096-100).pdf

RFQ- 26 - 007

ENOCH DAVIS RECREATION CENTER IMPROVEMENTS

(PROJECT NO. 23096-100)

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: December 11, 2025

DEADLINE FOR QUESTIONS: January 6, 2026

RESPONSE DEADLINE: January 20, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Enoch Davis Recreation Center Improvements (Project No. 23096-100)

I. Introduction

II. Solicitation Information

III. Vendor Questionnaire

IV. Scope of Work

V. Evaluation Phases

VI. General Terms

VII. Special Terms: Construction Exceeding $2M

VIII. Background Checks

IX. Insurance

Attachments:

A - Exhibit A-Scope of Services

B - Exhibit B-Insurance and Bonds

C - Exhibit C - Statement of Qualifications

D - Standard_Form_330_-_Architect-Engineer_Qualifications (1)

E - Exhibit E-Owner Direct Purchase Policy

F - AIA_A201-2017_DRAFT (1)

G - AIA_A133-2019_DRAFT (1)

H - Public Construction Bond

#RFQ- 26 - 007

Title: Enoch Davis Recreation Center Improvements (Project No. 23096-100)

1. Introduction

1.1. Summary

The City of St. Petersburg is seeking the services of a qualified construction management firm interested in providing Construction Manager at Risk services for Enoch Davis Center Improvements located 1111

18th Avenue South. The Construction Manager shall participate in the design process, perform construction cost estimating and constructability services, value engineering analysis, manage the schedule and perform construction services. All Offerors must be licensed to practice as general contractors in the

State of Florida pursuant to Chapter 489 Florida Statutes by the submittal date for proposals.

The contract for Construction Management Services shall consist of a pre-construction services phase and a construction phase. The pre-construction services phase, for which the Construction Manager will also be paid a fixed fee, will include value engineering, constructability analysis, estimating, and the development of a GMP at the 100% Construction Document phase. If the GMP is accepted, the Construction Phase will be implemented. In the Construction Phase of the contract, the Construction Manager serves as the single point of responsibility for successful performance of construction of the project and shall publicly bid trade contracts.

1.2. Background

The Enoch D. Davis Center is an 18,000 square foot multiservice center located adjacent to the 14,000 square foot James Weldon Johnson Community Library. The facility houses space for human service agencies, meeting rooms, multipurpose halls, a fitness center, and other community amenities. The facility provides a variety of services to the public, such as congregate dinning via Neighborly Care Network for the elderly, free tax preparation, healthy living and exercise assistance, and a city water bill payment location. This facility serves as an important location to connect residents to community services and programs. It is an accessible location for community events, meetings, and celebrations. The Library houses spaces that meet the community needs for reference, technology, study space, reading space and multipurpose rooms complimenting the services of the main center on site.

A programming study was conducted to establish spatial needs for the two functioning facilities. The results of this study determined that a total of 53,000 square feet is required to house the two functions and led to the decision to proceed to obtain design services for a new community center and library in a single facility. A design team has been selected and contracted to proceed with the first phase of the project which is to obtain community input, update the space needs program and develop a conceptual design leading to early Schematic Design plans. The selected Construction Manager at Risk will be contracted to provide pre-construction services at the conclusion of this first phase of the design. The project will require LEED

Certification with objective of Gold.

The Enoch D. Davis Center, which opened on September 13, 1981, serves as an important location to connect residents to community services and programs. It is a gem and community hub for culture and activism with a concentration on serving and advocating for St. Petersburg citizens. It provides a safe, clean, and accessible haven for the community, serving over 30,000 users annually, and is operated under the

Parks and Recreation Department. The facility was named for the Reverend Enoch D. Davis, a longtime activist and civic leader whose lifelong dedication was to make the community a rich and great place to live. Rev. Davis indicated that the opening and the honor of naming the Enoch D. Davis Center after him was “one of my greatest honors.”

1.3. Contact Information

Victoria Amerson Procurement Analyst Email: victoria.amerson@stpete.org Phone: (727) 551-3387

Department:

Engineering

1.4. Timeline

*Timeline is subject to change

Solicitation Published December 11, 2025

Deadline for Questions January 6, 2026, 12:00pm

Deadline for Question Response January 13, 2026, 3:00pm

Deadline for Submittals January 20, 2026, 3:00pm

Evaluation/Shortlisting (Non-Mandatory) February 3, 2026, 1:00pm

One 4th St. N St. Petersburg, FL Conference Room 800

Interviews/Selection February 18, 2026 mailto:victoria.amerson@stpete.org tel:(727)551-3387

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, January 20, 2026.

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/204665

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, Florida (“City”) is seeking the services of a qualified construction management firm interested in providing Construction Manager at Risk services for Enoch Davis Center

Improvements located 1111 18th Avenue South.

4.2. Minimum qualifications/Contractor Qualifications for Construction

Refer to Exhibit C - Statement of Qualifications for full details.

4.3. Scope of Services

A. TASK 1 PRE-CONSTRUCTION

1. SCHEMATIC DESIGN PHASE

a. Kickoff Meeting between Designers, Construction Manager, City of St. Pete Contracting, and End-User Groups to review the project scope, list of required items, list of desired items, timeframes, understand existing traffic patterns, soil characteristics from a structural and environmental perspective and discuss the overall site/facility master plan.

b. Evaluate the Owner’s Schedule and Construction Budget and provide feedback as to validity, challenges and opportunities.

c. Review Geotechnical Report, Hazardous Material Surveys and other site Environmental reports that may be required.

d. Attend meetings with the Owners, End Users, and Designers during the design period to discuss option Analysis.

e. At completion of the Schematic Design Documents, review the Design submittal and provide detailed quantity surveys of earthwork, utilities, structural members, building components and equipment and provide costs estimate organized in CSI order.

f. Develop preliminary staging, access and phasing plan.

g. Develop preliminary procurement and construction schedule.

h. Develop “Shopping List” of project scope items so that City can prioritize incorporation into the project as funding becomes available.

i. Provide list of alternatives based on their added value or life cycle cost analysis versus first cost to the project.

j. Assemble and present bound deliverable including narrative, schedule of values, detailed cost breakdowns, list of alternates, allowances, unit prices, clarifications, project schedule, list of documents and other exhibits necessary. Attend in-person meetings as necessary. A minimum of two (2) meetings are included, the first is an on-site meeting to review site conditions and site logistics, the second of which is to present the deliverable to the project team at the completion of the Schematic Phase.

2. DESIGN DEVELOPMENT PHASE

a. Update quantity surveys based on partial structural drawings, civil drawings, architectural and MEP drawings.

b. Update staging, access, and phasing plan. Update Construction Schedule.

c. Develop Safety Plan and delineate costs and procedures. Develop Quality Control Plan.

d. Develop project specific SBE / WMBE Opportunity Program by conducting workshops with potential vendors to understand the market capabilities so that scope of work can be delineated to allow for maximum participation.

e. Update cost estimate, clarifications, and other exhibits.

f. Perform interdisciplinary plan review and provide written report of findings including suggestions to the Design team for alternative building techniques or products that can add value to the project.

g. Assist Design team with any data or means and methods descriptions that are required to be submitted with the Environmental permits. (FDEP, SWFWMD, EPC) Participate in conference calls with Design team and/or City during the Design Development phase.

h. Attend team meetings.

3. 90% CONSTRUCTION DOCUMENT PHASE

a. Update quantity surveys based on completed structural drawings, completed civil drawings, partial architectural and MEP drawings.

b. Update staging, access and phasing plan. Update Construction Schedule.

c. Develop Safety Plan and delineate costs and procedures. Develop Quality Control Plan.

d. Advertise project on social media, local publications, and state publications to maximize

SBE and MBE awareness and participation. Assist SBE / MBE subcontractors with project scope review in preparation for Subcontractor Bidding Phase. Host information meetings as needed.

e. Update cost estimate, clarifications and other exhibits.

f. Perform interdisciplinary plan review and provide written report of findings including suggestions to the Design team for alternative building techniques or products that can add value to the project.

g. Assist Design team with any data or means and methods descriptions that are required to be submitted with the Environmental permits. (FDEP, SWFWMD, EPC)

h. Participate in meetings with Design team and/or City during the 90% phase.

i. Attend one interim meeting and one meeting at the completion of the 90% phase to present an updated deliverable.

j. GMP 100% Construction Documents, Permitting & Subcontractor Procurement Phase

Finalize quantity surveys for buildings and site improvements.

k. Verify that Design Team has incorporated all required scope items, comments from interdisciplinary review and properly delineated Alternates.

l. Finalize staging, access, phasing plans. Finalize Construction Schedule.

m. Finalize Safety and Quality Control Plans.

n. Finalize Subcontractor/Vendor Proposal Packages including scopes of work to comply with SBE / WMBE Opportunity Plan.

o. Update cost estimate, clarifications, list of documents and other exhibits for deliverable.

p. Attend one meeting to review deliverable with the project team and one meeting to review the final GMP with the City prior to submitting to City Commission for approval.

q. Apply for building permits and other required utility connections requests.

r. Assist Design team if needed for response to comments by Authorities Having

Jurisdiction until Permits are approved.

s. Produce request for proposal from local subcontractors and vendors for the scopes of work delineated on the project.

t. Conduct pre-proposal meetings and communicate with potential awardees to explain the project approach, timeline and specific requirements for administration and performance of the work.

u. Review proposals, tabulate results and make recommendations for award to the City.

Provide reports of buyout versus GMP and utilization of SBE / WMBE firms.

v. Attend one meeting upon completion of the Preconstruction services and transition into the Construction phase of the project.

4. KEY DELIVERABLES

a. Schematic Construction Budget

b. Design Development Phase Construction Budget

c. 90% Construction Document Phase Construction Budget

d. 90% Construction Document Phase Drawing and Specification Document Review

(Provide red-marked PDF set of plans and specifications)

e. Construction Schedule

f. Construction Site Utilization Plans

g. Construction Schedule

4.4. City’s Responsibilities

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

1. City shall provide a point of contact (City Project Manager) to administer the Agreement.

2. City Project Manager shall assist with planning, strategy, and objectives prior to performance of the Work.

3. City Project Manager shall promptly respond to issues and inquiries so as not to hinder the progress, completion, or compensation for the Work.

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 Disadvantaged Business

Enterprise (DBE)?

Pass / Fail 3

(3% of Total)

5. Is the Firm a Minority Business Enterprise

(MBE)?

Pass / Fail 3

(3% of Total)

6. Is the Firm a Small Business Enterprise

(SBE)?

Pass / Fail 3

(3% of Total)

7. Is the Firm a Woman Owned Business

Enterprise (WBE)?

Pass / Fail 3

(3% of Total)

8. Does the Project Team include a

Disadvantaged Business Enterprise (DBE)?

Pass / Fail 2

(2% of Total)

9. Does the Project Team include a Minority

Business Enterprise (MBE)?

Pass / Fail 2

(2% of Total)

10. Does the Project Team include a Small

Business Enterprise (SBE)?

Pass / Fail 2

(2% of Total)

11. Does the Project Team include a Woman

Owned Business Enterprise (WBE)?

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, January 6, 2026. Questions will be answered via City's online sourcing system no later than 3:00 pm on Tuesday, January 13, 2026. 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/204665 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/204665 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. Special Terms: Construction Exceeding $2M

7.1. Consideration of Sea Level Rise and Resiliency

It is the policy of the City to apply the consideration of sea level rise and resiliency to the City's decision-making, including in the procurement of City construction projects. Vendors are encouraged to provide documentation addressing the following:

A. Whether the project considers the latest regional best available science regarding the effects of sea level rise, climate- related vulnerability and resiliency in St. Petersburg;

B. Whether the project affects an area that is vulnerable to the impacts of sea level rise;

C. Whether the project will increase the resiliency of the City with respect to sea level rise;

D. Whether the project is compatible with the City’s sea level rise mitigation and resiliency efforts.

7.2. Small Business Enterprise (SBE)

Vendor agrees to be subject to and shall comply with the requirements for designating the percentage of work identified in the Scope for small business enterprises (as defined in Section 2-232 of the St.

Petersburg City Code), or making a good faith effort to do so, as those requirements are set forth in

Chapter 2, Article V, Division 4, of the St. Petersburg City Code, as may be amended from time to time

(collectively, “SBE Requirements”).

7.3. Green Certification Requirements

Vendor agrees to be subject to and shall comply with the applicable requirements for incorporating sustainable design and construction practices, as those requirements are set forth in Chapter 2, Article V, Division 5 of the St. Petersburg City Code, as may be amended from time to time (collectively the “Green

Certification Requirements”).

8. Background Checks

8.1. Level 2- Parks and Recreation

The Vendor shall conduct a security background investigation that meets the standards set forth in Florida

Statute Section 435.04 (“Level 2 Background Screening”) for each 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 employee or subconsultant/subcontractor employee to perform Work at the work site, the Vendor shall submit to the City's Project 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 Vendor becomes aware that any employee or subconsultant/subcontractor employee has been arrested or convicted for a disqualifying offense, Vendor shall immediately remove that employee from the work site.

An updated list of all employees or subconsultant/subcontractor employees with access to the work site shall accompany the affidavit and be provided to the City's Project Manager along with the cell phone number of the Vendor's representative responsible for those employees. At any time, the City may request to view the Clearance Letters of any or all employees or 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 Vendor 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 Vendor shall not be allowed an extension of the Contract Time due to any delay in the performance of the Work attributable to a employee or subconsultant/subcontractor employee's inability to perform Work due to a Clearance Letter being unavailable for inspection. The failure of the Vendor 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.

9. Insurance

The Construction Manager shall not commence Work under the Contract until all insurance required below has been obtained and approved by the Owner. The Construction Manager shall not allow any

Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained and approved. If a Subcontractor does not obtain insurance in its own name and its principal Construction Manager wishes to provide insurance protection for such Subcontractor and such

Subcontractor’s employees, a rider shall be attached to the principal Construction Manager’s policy, which rider shall identify the persons thereby covered or else the principal Construction Manager shall obtain appropriate policies in the name of the Subcontractor.

The Construction Manager shall provide the Owner with Certificates of Insurance for all new and renewal insurance policies. Policies and certificates shall name the City of St. Petersburg as an additional insured except for the Workers’ Compensation and Professional Liability insurance and show the City of St.

Petersburg as the Certificate Holder. No insurance policy required herein may be canceled, non-renewed, or adversely changed without thirty days written notice to the Owner. Insurance shall be maintained at all times by the Construction Manager until final acceptance of the Work by the Owner except for completed operations coverage which shall be maintained for a period of one year beyond final acceptance of the

Project. Completed operations coverage shall not serve to limit the liability of the Construction Manager.

All insurance required shall be on a primary and noncontributory basis and shall be provided by responsible insurers licensed in the State of Florida and rated at least A- in the then current edition of AM

Best’s Rating Services, or similar rating agency acceptable to the City.

If the insurance carried by the Construction Manager has broader coverage than required in this

Agreement, then that broader coverage, including but not limited to additional insured requirements, shall be the requirement in this Agreement. If the Construction Manager’s insurance limits are greater than the minimum limits set forth herein, then the Construction Manager’s insurance limits shall be the required limits in this Agreement.

Certificates of Insurance shall be delivered to the Procurement & Supply Management Director. Failure to provide Certificates or failure to renew Insurance shall not relieve the Construction Manager of the responsibility to provide insurance as required. At the Owner’s request, the Construction Manager shall allow the Owner and/or the Owner’s designated representative to come to its local office, during regular business hours, to review complete copies of Construction Manager’s and all its Subcontractor’s insurance policies. The Owner shall have the right to take notes during its review of the policies. Receipt of Certificates of Insurance which indicate less coverage than required does not constitute a waiver of the

Construction Manager’s obligation to fulfill the insurance requirements herein.

The Construction Manager may, at its option, provide the limits of liability as set out herein by a combination of the policies described herein, including an Umbrella or Excess Liability Insurance Policy.

Any Excess or Umbrella policy must provide coverage on at least a following form basis and must include completed operations and excavation, collapse and underground coverage, along with professional liability.

Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the

Construction Manager. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Construction Manager.

The Construction Manager’s deductibles or self-insured retention may be disapproved by the Owner. All responsibility for payment of any sums resulting from any deductible provisions, corridor, or self-insured retention conditions of the policy or policies shall remain with the Construction Manager. Construction

Manager hereby waives all subrogation rights of its insurance carriers in favor of the Indemnified Parties.

This provision is intended to waive fully, and for the benefit of the Indemnified Parties, any rights or claims which might give rise to a right of subrogation in favor of any insurance carrier.

The City reserves the right to change or alter the above insurance requirements as it deems necessary.

9.1. Commercial General Liability

Coverage:

The Construction Manager shall obtain and maintain during the life of the Contract, such Commercial

General Liability Insurance as shall provide coverage for the Construction Manager, Subcontractors, and the Owner from claims for bodily injury and personal injury, including accidental death, as well as from claims for property damage which may arise from operations under the Contract, whether such operations be by the Construction Manager or by any Subcontractors, or any of their agents, representatives, guests, employees, invitees or anyone contracting with Construction Manager or by anyone directly or indirectly employed by any of them.

Explosion, collapse and underground hazards shall be covered by the Construction Manager’s and

Subcontractor’s Commercial General Liability Insurance. If such policy does not cover asbestos abatement liability, then a separate asbestos abatement policy with a limit of no less than $8,000,000 is required, on applicable projects.

A separate general aggregate limit of liability shall apply to the Project in the Contract. If the

Construction Manager works on more than one project, a general aggregate shall apply to each of such projects. The project(s) shall be specifically described in the endorsement.

Limits:

Occurrence type Commercial General Liability in amounts not less than: Each Occurrence Limit -

$8,000,000 General Aggregate Limit applicable per Project - $8,000,000 Products and Completed

Operations Aggregate Limit - $8,000,000 Personal and…