Marina_Redevelopment_(Project_No._25204-130).pdf

RFQ- 26 - 022

MARINA REDEVELOPMENT (PROJECT NO. 25204-130)

City of St. Petersburg

P.O. Box 2842

St. Petersburg, FL 33731

RELEASE DATE: October 28, 2025

DEADLINE FOR QUESTIONS: November 18, 2025

RESPONSE DEADLINE: December 2, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

City of St. Petersburg

Marina Redevelopment (Project No. 25204-130)

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. Insurance

Attachments:

A - Exhibit A - Insurance and Bonds

B - Exhibit B - Design-Build Admendment Exhibit_00807833_DRAFT

C - Exhibit C - Statement of Qualifications Requirements

D - Exhibit D - Owner Direct Purchase Policy

E - Exhibit E - Design Criteria Package

F - AIA A141 Desgin-Build Agreement_00807830_DRAFT

G - Attachment - St Pete Marina South Basin

H - Attachment - St Pete Marina Central Basin

I - SF330-21a

J - Public Construction Bond

#RFQ- 26 - 022

Title: Marina Redevelopment (Project No. 25204-130)

1. Introduction

1.1. Summary

The City of St. Petersburg invites qualified Firms to submit qualifications to provide progressive Design-

Build services at a Guaranteed Maximum Price for the design and construction the Marina

Redevelopment Project. This Project involves the design and construction of floating docks, dock houses, the renovation or replacement of ship store, fueling facilities, seawalls adjacent to each of the marina basins, and bridge connecting to Demens Landing and associated infrastructure. Work will also include routinely inspecting the existing facilities for safe operations, and sequencing the replacement or selective rehabilitation of elements. The project is multi-phased within the North, Central, and South Marina

Basins.

The Design-Build Firm should have experience in the development of coastal marine facilities (saltwater environment), including seawalls, accessory buildings with experienced design professionals specializing in bridge replacement and design of facilities within coastal high hazard zones.

1.2. Contact Information

Victoria Amerson Procurement Analyst 1 4th St N.

St. Petersburg, FL 33731 Email: victoria.amerson@stpete.org Phone: (727) 551-3387

Department:

Engineering

1.3. Timeline

*Timeline is subject to change

Solicitation Published October 28, 2025

Deadline for Questions November 18, 2025, 12:00pm

Deadline for Question Response November 25, 2025, 3:00pm

Deadline for Submittals December 2, 2025, 3:00pm

Evaluation/Shortlisting December 18, 2025, 1:30pm

One 4th St. N St. Petersburg, FL

CR800

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

Interviews/Selections January 13, 2026

2. Solicitation Information

2.1. Submission or Receipt of Proposal

Statement of Qualifications will be received through the City’s online bidding system no later than 3:00 pm on Tuesday, December 2, 2025.

2.2. Standard for Qualifications

The City will qualify one vendor 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/209260

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. Scope of Services

The City of St. Petersburg invites qualified Firms to submit qualifications to provide progressive Design-

Build services at a Guaranteed Maximum Price for the design and construction the Marina

Redevelopment Project. This Project involves the design and construction of floating docks, dock houses, the renovation or replacement of ship store, fueling facilities, seawalls adjacent to each of the marina basins, and bridge connecting to Demens Landing and associated infrastructure. Work will also include routinely inspecting the existing facilities for safe operations, and sequencing the replacement or selective rehabilitation of elements. The project is multi-phased within the North, Central, and South Marina

Basins.

The Design-Build Firm should have experience in the development of coastal marine facilities (saltwater environment), including seawalls, accessory buildings with experienced design professionals specializing in bridge replacement and design of facilities within coastal high hazard zones.

Refer to Exhibit E - Design Criteria Package for complete Scope of Services.

4.2. City's Responsibilities

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

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

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

C. 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 Minority Business Enterprise

(MBE)?

Pass / Fail 3

(3% of Total)

5. Is the Firm a Small Business Enterprise

(SBE)?

Pass / Fail 3

(3% of Total)

6. Is the Firm a Woman Owned Business

Enterprise (WBE)?

Pass / Fail 3

(3% of Total)

7. Is the Firm a Disadvantaged Business

Enterprise (DBE)?

Pass / Fail 3

(3% of Total)

8. Does the Project Team include a Minority

Business Enterprise (MBE)?

Pass / Fail 2

(2% of Total)

9. Does the Project Team include a Small

Business Enterprise (SBE)?

Pass / Fail 2

(2% of Total)

10. Does the Project Team include a Woman

Owned Business Enterprise (WBE)?

Pass / Fail 2

(2% of Total)

11. Does the Project Team include a

Disadvantaged Business Enterprise (DBE)?

Pass / Fail 2

(2% of Total)

6. General Terms

6.1. Vendor Registration

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

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

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

Statute 607.1501.

6.2. Solicitation Review

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

6.3. Solicitation Response Preparation

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

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

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

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

6.4. Questions

All questions must be submitted via City's online sourcing system's Question & Answer feature no later than 12:00 pm on Tuesday, November 18, 2025. Questions will be answered via City's online sourcing system no later than 3:00 pm on Tuesday, November 25, 2025. More complex questions may require a written addendum to the solicitation. Explanations or instructions will not materially alter this solicitation unless they are in writing. Oral explanations or instructions given before the award of an Agreement will not be binding. If necessary, a written addendum to this solicitation will be issued and posted on the

City’s online sourcing system at https://procurement.opengov.com/portal/stpete/projects/209260 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/209260 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. Insurance

The Design-Builder shall not commence Work under the Contract until all insurance required below has been obtained and approved by the Owner. The Design-Builder shall not allow any Architect/Engineer, Consultant or Contractor to commence Work pursuant to a contract with Design-Builder until all insurance required of the Architect/Engineer, Consultant or Contractor has been obtained and approved. If a Subcontractor does not obtain insurance in its own name and its principal Design-Builder wishes to provide insurance protection for such Subcontractor and such Subcontractor’s employees, a rider shall be attached to the principal Design-Builder’s policy, which rider shall identify the persons thereby covered or else the principal Design-Builder shall obtain appropriate policies in the name of the

Architect/Engineer, Consultant or Contractor. The Design-Builder shall provide the Owner with

Certificates of Insurance for all new and renewal insurance policies. 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 Design-Builder 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 Design-Builder. 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 Design-Builder 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 Design-Builder’s insurance limits are greater than the minimum limits set forth herein, then the Design-Builder’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 Design-Builder of the responsibility to provide insurance as required. At the Owner’s request, the Design-Builder 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 Design-Builder’s and all its Architect/Engineer, Consultant or Contractor ’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

Design-Builder’s obligation to fulfill the insurance requirements herein. The Design-Builder 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 Design-Builder. 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 Design-Builder. The

Design-Builder’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 selfinsured retention conditions of the policy or policies shall remain with the Design-Builder. Design-Builder 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.

8.1. Commercial General Liability

Coverage: The Design-Builder shall obtain and maintain during the life of the Contract, such Commercial

General Liability Insurance as shall provide coverage for the Design-Builder, Architect/Engineer, Consultant or Contractor, 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 Design-Builder or by any Architect/Engineer, Consultant or

Contractor, or any of their agents, representatives, guests, employees, invitees or anyone contracting with

Design-Builder or by anyone directly or indirectly employed by any of them. Explosion, collapse and underground hazards shall be covered by the Design-Builder’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 $10,000,000 is required, on applicable projects. A separate general aggregate limit of liability shall apply to the Project in the Contract. If the Design-Builder 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 - $10,000,000 General Aggregate Limit applicable per

Project - $10,000,000 Products and Completed Operations Aggregate Limit - $10,000,000 Personal and

Advertising Injury Limit - $10,000,000 Medical Expense Limit - Optional

8.2. Commercial Automobile Liability

Coverage: The Design-Builder shall obtain and maintain Business Automobile Insurance providing liability coverage for “any auto”, which shall include, but not be limited to, all leased, owned, non-owned, and hired vehicles. Limits: Combined Single Limit - $1,000,000 each Accident

8.3. Worker's Compensation

Coverage: The Design-Builder shall obtain and maintain during the life of the Contract, Workers'

Compensation Insurance for all of Design-Builder’s employees employed at the site of the Project.

Coverage should include Employers Liability, Voluntary Compensation and U.S. Longshore and Harbor

Workers' Act coverage where applicable. If any Work is subcontracted, the Design-Builder shall require each Architect/Engineer, Consultant or Contractor to provide Workers' Compensation Insurance for all the Architect/Engineer, Consultant or Contractor’s employees unless such employees are covered by the

Workers' Compensation Insurance afforded by the Design-Builder. The Design-Builder and

Architect/Engineer, Consultant or Contractor shall purchase any other insurance or coverage required by law for the benefit of their employees. The Design-Builder and Architect/Engineer, Consultant or

Contractor shall obtain and maintain such insurance and coverage in amounts not less than the following:

Limits: Workers' Compensation - as required by Florida Law Employer’s Liability - $500,000 each

Accident Employer's Liability - Disease - $500,000 each Employee/Policy Limit

8.4. Pollution/Environmental Liability

Coverage: Design-Builder shall obtain and maintain Pollution/Environmental Liability Insurance, covering sudden and gradual pollution conditions including the discharge, release, or escape of fumes, vapors, smoke, acids, alkalis, asbestos, toxic chemicals, liquids or gases, waste materials, or other contaminants, irritants, or pollutants into or upon any structure, land, body of water, or atmosphere.

Coverage shall include bodily injury, property damage, loss of use of tangible property whether or not it has not been physically injured or destroyed, cleanup and remediation costs, penalties or fines, and defense costs including costs incurred in the investigation or adjustment of the claim. Coverage may be provided by a stand-alone policy or by endorsement(s) to one of Design-Builder’s other policies.

Coverage shall be provided both for the use of pollutants on site and during transit. If the policy is on a claims-made basis, it must include the retroactive date of coverage and shall be maintained for at least two (2) years past the date that the Work is completed. Limits: Each Occurrence - $5,000,000

8.5. Professional Liability

Coverage: Design-Builder: When Design-Builder and Architect/Engineer are a Single Legal Entity: The

Design-Builder shall obtain and maintain Professional Liability Insurance providing coverage including bodily injury and property damage from design, management such as construction project supervision, payment authorization and including Errors and Omissions coverage for the Work required to be performed by the Design-Builder pursuant to the Contract with a limit of $5,000,000 per occurrence. If the policy is on a claims-made basis with a limit of $5,000,000 then an extended reporting period of at least two (2) years past the date that the Work is completed. Design-Builder: When Design-Builder and

Architect/Engineer are Separate Legal Entities: The Design-Builder shall, and shall ensure that any

Architect/Engineer, Consultants or Contractors, obtain and maintain Professional Liability Insurance for their respective project responsibilities providing coverage including bodily injury and property damage from design, management such as construction project supervision, payment authorization and including

Errors and Omissions coverage for the Work required to be performed by the Design-Builder and any

Architect/Engineer, Consultants or Contractors pursuant to the Contract with a limit of $5,000,000 per occurrence. If the policy is on a claims-made basis with a limit of $5,000,000 then an extended reporting period of at least two (2) years past the date that the Work is completed.

8.6. Builder's Risk

Design-Builder shall obtain and maintain Builder’s Risk Insurance insuring the Design-Builder’s work at the site to its full insurable replacement value. This insurance shall insure the interests of the Owner, the

Design-Builder, and any Architect/Engineer, Consultants or Contractors in the Work and shall insure against special form causes of loss (all risk perils), including collapse during construction for replacement cost (including fees and charges of architects/engineers, attorneys and other professionals). The Design-

Builder shall obtain and maintain similar property insurance on equipment, materials, supplies and other property and portions of the Work stored on or off site or in transit. Builder’s Risk Insurance shall be endorsed to permit occupancy until such time as the facilities are completed and accepted by the Owner and written notice of that fact has been issued by the Owner. Builder’s Risk Insurance shall also provide coverage to installed equipment and building systems that must undergo testing or commissioning to prove its ability or function.

8.7. Riggers Liability

Coverage: The Design-Builder shall obtain and maintain Riggers Liability Insurance in the amount of at least $5,000,000 per occurrence to insure against physical loss of damage of the materials or equipment being lifted. Coverage shall provide for replacement of any property material or equipment damaged through Construction Manager’s work involving lifting, picking, rigging, or setting. Limits: Each

Occurrence - $5,000,000