Oberly_and_Washington_Terrace_Improvements_(Project_No._26005-130)_(Addendum_#2_Revision).pdf
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- Solicitation number
- RFQ- 26 - 037
- Issued by
- Pinellas County, Florida
About this file
This is an Addendum #2 Revision to a Request for Qualifications (RFQ) issued by the City of St. Petersburg, Florida, for engineering design services related to the Oberly and Washington Terrace Improvements project (Project No. 26005-130). The City seeks qualified Architectural/Engineering firms to provide comprehensive design services for critical water infrastructure improvements at two high-pressure pump stations that collectively serve 94 million gallons per day to the City's service area. The project encompasses storage tank replacements, pump upgrades, and valve and yard piping improvements at both the Oberly pump station (64 MGD capacity) and Washington Terrace pump station (30 MGD capacity). The solicitation was released on January 13, 2026, with a deadline for questions on February 3, 2026, at 12:00 p.m., and a response deadline of February 19, 2026, at 3:00 p.m., submitted electronically through the City's procurement portal. A non-mandatory shortlisting evaluation is scheduled for March 3, 2026, followed by interviews and final selection on March 31, 2026. The A/E firm will be required to complete seven primary tasks: conducting a project kickoff meeting, preparing a Basis of Design Report, developing 60% and 90% design documents, finalizing design documents, providing construction phase services, and executing additional services as needed. The contract will be executed through a Construction Manager at Risk delivery method.
Evaluation of submissions will be weighted as follows: team background and key staff availability (35%), experience and relevant project examples (25%), and project approach (25%), with pass/fail criteria for small business enterprise (SBE), minority business enterprise (MBE), women-owned business enterprise (WBE) certifications representing an additional 10% combined. The budget for A/E services is $3,284,000, funded through a Water Resource Development (WRD) Grant. All A/E firms must be registered with the Florida Department of State, comply with E-Verify requirements, and conduct criminal background checks for all employees with regular access to work sites per Florida Statute Section 373.6055. Required insurance includes Commercial General Liability of $1,000,000 per occurrence and $2,000,000 aggregate, Commercial Automobile Liability of $1,000,000 combined single limit, Workers' Compensation as required by Florida law, and Errors and Omissions/Professional Liability insurance of $1,000,000 per occurrence. The procurement is open to all qualified firms, with preference considerations given to certified SBE, MBE, and WBE firms and project teams that include such entities.
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Other files
| File | Type | Posted |
|---|---|---|
| Oberly_and_Washington_Terrace_Improvements_(Project_No._26005-130).pdf | ||
| 3_Appendix_C_-_SOQ_Requirements_-_Single_Project.docx | DOCX document | |
| 1_Appendix_A_-_Single_Project_Scope.docx | DOCX document | |
| 4_SF330-21a_(2).pdf | ||
| 2_Appendix_B_Single_Project_-_AE_Agreement_12-2024.docx | DOCX document | |
| _Solicitation_Development_Form_AE_Agreements.docx | DOCX document |
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Text version
RFQ- 26 - 037
OBERLY AND WASHINGTON TERRACE
IMPROVEMENTS (PROJECT NO. 26005-130)
City of St. Petersburg
P.O. Box 2842
St. Petersburg, FL 33731
RELEASE DATE: January 13, 2026
DEADLINE FOR QUESTIONS: February 3, 2026
RESPONSE DEADLINE: February 19, 2026, 3:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/stpete
City of St. Petersburg
Oberly and Washington Terrace Improvements (Project No. 26005-130)
I. Introduction
II. Solicitation Information
III. Vendor Questionnaire
IV. Scope of Work
V. Evaluation Criteria
VI. General Terms
VII. Background Checks
VIII. Insurance
Attachments:
A - Scope of Services
B - Base Agreement
C - Statement of Qualifications Requirements
D - SF330-21a
#RFQ- 26 - 037
Title: Oberly and Washington Terrace Improvements (Project No. 26005-130)
1. Introduction
1.1. Summary
The City of St. Petersburg, Florida (“City”) is seeking the services of a qualified Architectural/Engineering
(“A/E”) firms to provide engineering design services for the Oberly and Washington Terrace Improvements project, located in the City of St. Petersburg.
1.2. Background
The City of St. Petersburg’s primary drinking water source is served by the Cosme Water Treatment Plant in Northern Hillsborough County. The water is transmitted to St. Petersburg through two larger diameter transmission mains (one 48-inch-diameter and one 36-inch-diameter), a booster pump station [Gulf-to-Bay
(GTB)], and two pump stations: Oberly and Washington Terrace. The Oberly (OBE) and Washington
Terrace (WAS) pump stations serve as the high-pressure pump stations delivering potable water to the
City’s service area.
The 48-inch transmission main delivers water to OBE, which has a firm pumping capacity of 64 million gallons per day (MGD), while the 36-inch transmission main directs water to WAS, with a firm pumping capacity of 30 MGD. Additionally, GTB is available to boost pressure in the 36-inch main, when necessary, though its use is limited to specific, infrequent conditions. The pump stations have above ground storage and chemical treatment.
In 2025, HDR Engineering, Inc. completed a “Treated Water Transmission, Storage, and Pumping Facilities
Plan” (Facility Plan) for the City of St. Petersburg. The plan outlined a strategic roadmap for the rehabilitation and sustainability of water services for the City. The Facility Plan identified and prioritized capital improvement projects to allow the City to mitigate risks, enhance operational efficiency, and meet future demands.
The Oberly and Washington Improvements includes the following capital projects that were included in the
Facility Plan:
OBE-1 Oberly Storage Tanks
OBE-2 Oberly Pumps
OBE-5 Oberly Valves and Yard Piping
WAS-1 Washington Terrace Storage Tanks
WAS-2 Washington Terrace Pumps
WAS-5 Washington Terrace Valves and Yard Piping
Although no additional projects are planned to be included at this time, the scope of the Oberly and
Washington Terrace Improvements project may be added to or subtracted from depending on various factors including funding, schedule, and other constraints and opportunities.
The project is planned to be completed by a Construction Manager at Risk.
1.3. 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
1.4. Timeline
*Timeline is subject to change
Solicitation Published January 13, 2026
Deadline for Questions February 3, 2026, 12:00pm
Deadline for Question Response February 10, 2026, 3:00pm
Deadline for Submittals February 19, 2026, 3:00pm
Evaluation/Shortlisting (Non-Mandatory) March 3, 2026, 1:00pm
One 4th St. N St. Petersburg, FL Conference Room 800
Interviews/Selections March 31, 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 Thursday, February 19, 2026.
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 Attachment C- Statement of Qualification Requirements https://procurement.opengov.com/portal/stpete/projects/214251
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
*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 Architectural/Engineering
(“A/E”) firms to provide engineering design services for the Oberly and Washington Terrace Improvements project, located in the City of St. Petersburg.
4.2. Scope of Work
A. TASK 1 KICK-OFF MEETING WITH THE A/E AND CITY STAFF
1. Under this task, the A/E shall have a kickoff meeting and complete the following services:
a. Introduce team members.
b. Establish roles and responsibilities.
c. Discuss preliminary design options (including energy efficiency and resiliency elements), budget, and schedule.
B. TASK 2 PREPARE BASIS OF DESIGN REPORT
1. Incorporate resiliency concepts.
2. Develop a Basis of Design Report including drawings, schematics, tables, calculations, details, construction cost estimates, etc. for evaluation of options and recommendations.
3. Prepare outline of technical specifications.
4. Provide funding support.
C. TASK 3 PREPARE 60% DESIGN DOCUMENTS
1. Prepare design drawings including plans, sections, notes, schematics, tables, etc. for construction.
2. Prepare draft technical specifications.
3. Continue incorporating energy efficiency and resiliency concepts.
4. Conduct pre-application meetings with regulatory agencies.
5. Prepare draft permit applications.
6. Review CMAR cost estimates.
7. Conduct or attend value engineering workshops.
8. Conduct public meetings and workshops.
9. Continued funding support.
D. TASK 4 PREPARE 90% DESIGN DOCUMENTS
1. Prepare design drawings including plans, sections, notes, schematics, tables, details, etc. for construction.
2. Continue incorporating energy efficiency and resiliency concepts.
3. Incorporate 60% design document review comments.
4. Prepare technical specifications.
5. Prepare construction cost estimate.
6. Apply for permit approvals.
7. Continued funding support.
E. TASK 5 PREPARE FINAL DESIGN DOCUMENTS
1. Incorporate 90% design document review comments.
2. Finalize incorporating energy efficiency and resiliency concepts.
3. Incorporate permit agency comments.
4. Prepare final design drawings, technical specifications, and construction cost estimate.
F. TASK 6 CONSTRUCTION SERVICES
1. Attend construction progress meetings.
2. Review shop drawings.
3. Respond to requests for information.
4. Observe construction.
5. Review change orders.
6. Attend final inspections.
7. Prepare record drawings.
8. Support with potential funding implementation.
G. TASK 7 ADDITIONAL SERVICES NEEDED
1. The City reserves the right to delete, alter or add to any of the above tasks based on City needs and/or discussions with the selected A/E.
5. Evaluation Criteria
No. Evaluation Criteria Scoring Method Weight (Points)
1. Team Background & Key Staff Availability 0-10 Points 35 (35% of Total)
2. Experience and Relevant Project Examples 0-10 Points 25 (25% of Total)
3. Project Approach 0-10 Points 25 (25% 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. Does the Project Team include a Minority
Business Enterprise (MBE)?
Pass / Fail 2
(2% of Total)
8. Does the Project Team include a Small
Business Enterprise (SBE)?
Pass / Fail 2
(2% of Total)
9. 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, February 3, 2026. Questions will be answered via City's online sourcing system no later than 3:00 pm on Tuesday, February 10, 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/214251 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/214251 and notifications will be released to vendors who are following the project by clicking "Follow". Vendors must submit their responses to the most current version of the solicitation as amended, if applicable.
https://procurement.opengov.com/signup https://procurement.opengov.com/portal/stpete
6.6. Submission of Solicitation Responses
Solicitation responses will be received through the City’s online sourcing system. E-mail or in-person submittals will not be considered unless approved before the solicitation submission deadline by the
Procurement and Supply Management Director. Late proposals and modifications will not be considered;
however, solicitation responses may be modified online at any time prior to the submission deadline.
Failure to follow the instructions in this solicitation is cause for rejection of the submittal.
6.7. Mistakes in the Solicitation
Solicitation responses may be modified or withdrawn in the online application portal prior to the time and date set for the solicitation opening. Correction or withdrawal of solicitation responses after the solicitation opening because of an inadvertent non-judgmental mistake in the solicitation requires careful consideration to protect the integrity of the competitive solicitation process and to assure fairness. If the mistake is attributable to an error in judgment, the solicitation response may not be corrected. Solicitation response corrections or withdrawals by reason of non-judgmental mistakes are permissible but only to the extent they are not contrary to the interest of the City or the fair treatment of other vendors.
6.8. Information Designated a Trade Secret and/or Confidential and/or Proprietary
All solicitation responses (including all documentation and materials attached thereto or provided in connection with this solicitation) submitted to the City are subject to Florida’s public records laws (i.e., Chapter 119, Florida Statutes), which requires disclosure of public records, unless exempt, if a public records request is made. Solicitation responses (including all documentation and materials attached thereto or provided in connection with this solicitation (even if in a separate electronic file)) submitted to the City cannot be returned. DO NOT LIST YOUR ENTIRE SOLICITATION RESPONSE AS TRADE
SECRET AND/OR CONFIDENTIAL. The City will not consider solicitation responses if the entire response is labeled a Trade Secret and/or Confidential and/or Proprietary.
If Vendor believes that its solicitation response contains information that is a trade secret (as defined by
Florida law) and/or information that is confidential and/or proprietary and therefore exempt from disclosure, then such information must be submitted in a separate electronic file and comply with the following requirements. In addition to submitting the information in a separate or electronic file, Vendor must include a general description of the information designated as a trade secret and/or confidential and/or proprietary and provide reference to the Florida statute or other law which exempts such designated information from disclosure in the event a public records request.
The City does not warrant or guarantee that information designated by Vendor as a trade secret and/or confidential and/or proprietary is a trade secret and/or confidential and/or proprietary and exempt from disclosure. The City offers no opinion as to whether the reference to the Florida statute or other law by
Vendor is/are correct and/or accurate. Please be aware that the designation of information as a trade secret and/or confidential and/or proprietary may be challenged in court by any person or entity. By designation of information as a trade secret and/or confidential and/or proprietary Vendor agrees to defend and indemnify the City, its employees, agents, and elected and appointed officials (“Indemnified Parties”) against any and all claims, demands, and actions (whether or not a lawsuit is commenced) arising out of or in connection with Vendor's designation of information as a trade secret and/or confidential and/or proprietary and to hold harmless the Indemnified Parties for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorney's fees (including those of the City Attorney’s office) incurred by the City by reason of any claim, demand, or action arising out of or related to the Vendor's designation of information as a trade secret and/or confidential and/or proprietary.
Failure to comply with the requirements above shall be deemed as a waiver by Vendor to claim that any information in its solicitation response is a trade secret and/or confidential and/or proprietary, regardless of whether such information is labeled trade secret and/or confidential and/or proprietary. Vendor acknowledges, understands, and agrees that all information in Vendor's solicitation response (not including information submitted in a separate electronic file and designated trade secret and/or confidential and/or proprietary in accordance with the requirements in this section) will be disclosed, without any notice to Vendor, if a public records request is made for such information, and the City shall not be liable to Vendor for such disclosure.
Vendor acknowledges and understands that Vendor's proposal, including the information submitted in a separate electronic file and designated trade secret and/or confidential and/or proprietary in accordance with the requirements in this section, will be distributed to the evaluation committee members, City staff, and City consultants to allow Vendor's entire solicitation response, including the information submitted in a separate electronic file, to be evaluated and considered for award of the Agreement. The entire contents of the Vendor's solicitation response, including the information submitted in a separate electronic file, may be discussed at meetings that are open to the public, subject to the requirements set forth in
Chapter 286, Florida Statutes.
6.9. Bonds
Vendors will need to furnish all bonds as indicated in the solicitation, if applicable.
6.10. Cash Discounts
When the City is entitled to a cash discount, the period of computations will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the Agreement, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies.
6.11. Award
The solicitation will be awarded based on the requirements outlined in the scope, the criteria or factors identified in the solicitation, and the standard for award for the solicitation. The City reserves the right to accept or reject any or all parts of the solicitation response, waive informalities, and request re-solicitations on the services or products outlined in the scope. The City reserves the right to award the
Agreement on a split-order, lump-sum, or individual item basis, or such combination as shall best serve the interest of the City unless otherwise specified.
Pursuant to Florida Statute sec. 287.05701, the City will not request documentation of a Vendor’s social, political, or ideological interests, consider such interests, or give preference to a vendor based on such interests.
6.12. Acceptance Period
Unless otherwise specified in this solicitation, the solicitation response may be held by the City for a period of ninety (90) days after the submission deadline and will continue in full effect and not be subject to withdrawal during that period until an Agreement has been executed with a Vendor. If no Agreement has been executed within the ninety-day period, any solicitation response may be withdrawn or nullified by either the City or the Vendor, or be deemed to be confirmed and extended in time for as long as permitted by the Vendor submitting each solicitation response.
6.13. Right to Reject
Vendors must comply with all the terms of the solicitation, all applicable provisions of the City of St.
Petersburg City Code, and all applicable federal and state laws. The City may reject any solicitation response that does not comply with all material and substantive terms, conditions, and performance requirements of the solicitation.
The City may waive minor informalities that (i) do not affect responsiveness; (ii) are merely matter of form or format; (iii) do not change the relative standing or otherwise prejudice other vendors; (iv) do not change the meaning or scope of the solicitation; (v) are trivial, negligible or immaterial in nature; (v) do not effect a material change in the work; or (vi) do not constitute a substantial exclusion or modification of a requirement or provision in the solicitation.
6.14. Vendor Complaints
All complaints or grievances should be first submitted in writing to the Procurement & Supply
Management Director, by email at Stephanie.Scarbrough@stpete.org or by mail to P. O. Box 2842, St.
Petersburg, FL 33731 who will promptly investigate the validity of the complaint and present the findings in writing to the person who submitted the complaint.
6.15. Protest
(a) All protests related to a solicitation or award must be first submitted in writing to the POD no later than seven
(7) days preceding the date of the City Council meeting approving the contract, or no later than seven (7) calendar days following the selection of the successful bidder if the contract does not require City Council approval.
(b) The POD will consider the protest if it is timely filed and contains the following:
(1) Sufficient information to identify the solicitation or award that is the subject of the protest;
(2) The grounds that demonstrate how the procurement process is contrary to law or how the solicitation document is unnecessarily restrictive or legally flawed;
(3) Evidence or supporting documentation that supports the grounds on which the protest is based; and
(4) The relief sought.
(c) If the protest meets the requirements of subsection (b) of this section, the POD will investigate the validity of the protest and present the findings in writing to the person or entity that submitted the protest. Otherwise, the
POD will promptly notify the person or entity that submitted the protest that the protest is untimely or that the protest failed to meet the requirements of subsection (b) of this section and give the reasons for the failure.
(d) If the person or entity is dissatisfied with the POD’s response, the person or entity may then make an appeal to the City Administrator, who will hear the appeal. The City may not establish appellate jurisdiction of the courts; however, if allowed by the Florida Rules of Appellate Procedure or other rule or judicial decision, the decision from the City Administrator is the final decision of the City and may be subject to judicial review in the manner provided by law.
6.16. Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not (i) submit a solicitation response on an Agreement to provide any goods or services to a public entity, (ii) submit a solicitation response on an Agreement with a public entity for the construction or repair of a public building or public work, (iii) submit a solicitation response for leases of mailto:stephanie.swinson@stpete.org real property to a public entity, (iv) be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an Agreement with any public entity, or (v) transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.
6.17. Nondiscrimination
Vendors for the City of St. Petersburg are required to comply with all applicable laws regarding discrimination in employment, including Pinellas County Code Section 70-53 (a)(1) (prohibiting discrimination in employment based on race, color, religion, national origin, gender, sexual orientation, age, marital status, or disability) and all other applicable federal, state and local laws. Vendors are encouraged to provide workplaces free of discrimination in terms of conditions of employment, including benefits.
6.18. Prohibited Communication
Vendors and their employees, agents, contractors, and representatives are prohibited from lobbying City
Council, the Mayor, City staff, selection committee members, and City project consultants relative to this solicitation until the solicitation selection and award processes have been completed. Non-compliance with this provision may result in disqualification from consideration of the award. Notwithstanding the foregoing, this provision shall not prohibit the Vendor from (i) providing public comment in accordance with applicable laws and City policies at public meetings where public comment is permitted, (ii) communicating with the assigned Procurement Analyst, (iii) making a presentation during a selection committee meeting if requested by the selection committee, or (iv) submitting a dispute or complaint in accordance with the requirements set forth in this solicitation.
6.19. Environmentally Preferable Purchasing
It is the policy of the City of St. Petersburg to purchase recycled and environmentally preferable goods.
Environmentally preferable goods are defined as “products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.” This includes products that contain recycled content, reduced toxicity and pollution, conserve energy, conserve water, prevent waste, and promote sustainability and resiliency initiatives.
This policy does not require the City to specify environmentally preferable products or services when it can be demonstrated that they are not in the best interest of the City compared to products and services that are not as environmentally preferable. Best interests include but are not limited to, service life, life cycle cost, product effectiveness, or compatibility. This policy will be carried out consistent with the
City’s obligations and purpose, and with an overall intent to obtain competitive prices and to provide value to the taxpayer.
6.20. Health In All Policies
Pursuant to Executive Order EO-2018-04, it is the policy of the City to apply the consideration of health, health impacts, and the social determinants of health to the City’s decision-making, including policy development and implementation, budgeting, and the delivery of services and procurement of supplies and construction. Vendors are encouraged to propose services, supplies, and construction that promote health to the greatest extent practicable in their responses to City solicitations. Vendors are further encouraged to provide workplaces that promote the health and well-being of their employees.
6.21. American with Disabilities Act (ADA) Public Notice
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of St. Petersburg will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities. If Vendor requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to adequately respond to this solicitation. Vendor should contact ADA Coordinator Lendel Bright at (727)-893-7229 or email at lendel.bright@stpete.org as soon as possible but no later than 72 hours before the applicable deadline.
6.22. Background Checks
In the event the solicitation or Agreement requires criminal history checks, Vendor will be responsible for conducting a criminal history check for each employee or subcontractor for which a criminal history check is required.
6.23. Disqualification
The City reserves the right to disqualify Vendors before or after opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Vendors.
6.24. Taxes
The City of St. Petersburg is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request.
6.25. Compliance with State and/or Federal Requirements
All Vendors entering into a contract with the City with permit(s) issued by a state or federal agency, shall comply with the requirements set forth in the permit(s).
6.26. E-Verify
Vendor shall comply with Florida Statute §448.095 pertaining to required use of the U.S. Department of
Homeland Security's E-Verify system, and that should the City terminate§ the contract with the Vendor for violation of §448.09(1), Vendor may not be awarded a contract with the City fort at least one year.
6.27. Exceptions to Terms and Conditions
If the Vendor takes exceptions to the terms and conditions of the solicitation and refuses to withdraw such exceptions, the City may deem the Vendor nonresponsive if the City determines that negotiating with the
Vendor to address such exceptions may affect the fair treatment of other vendors.
7. Background Checks
7.1. Water Resources Department- Criminal background checks in accordance with state statute are required for persons having regular access to the Water Department's buildings, facilities and structures.
The A/E shall conduct a criminal history check (“Background Check”) for each A/E, subconsultant/subcontractor employee that will have regular access to the work site in accordance with the background check requirements set forth in Florida Statute Section 373.6055.
Prior to allowing an A/E, subconsultant/subcontractor employee regular access to the work site, the A/E shall submit to the City's Design Manager an affidavit certifying that each such employee is qualified to regularly access the work site in accordance with Florida Statute Sections 373.6055(2), (3)(b) and (3)(c). If any A/E, subconsultant/subcontractor employee’s Background Check identifies criminal convictions or other criminal history factors that disqualify that employee from regular access to the work site, A/E shall not allow that employee to have regular access to the work site, and an appeal process is not available. In the event A/E becomes aware that any A/E, subconsultant/subcontractor employee has been arrested or convicted for disqualifying offense, A/E shall immediately remove that employee from the work site.
An updated list of all A/E, subconsultant/subcontractor employees with regular access to the work site shall accompany the affidavit and be provided to the City's Design Manager along with the cell phone number of the A/E's representative responsible for those employees. At any time, the City may request to view the
Background Checks of A/E, subconsultant/subcontractor employees working at the work site. A/E shall make the Background Checks available for viewing as soon as possible, but no later than twenty-four (24) hours after the request. If the A/E fails to provide the requested documentation, the employee(s) in question will not be allowed to continue work until the appropriate documentation has been received. The A/E shall not be allowed an extension of the Contract Time due to any delay in the performance of the Work attributable to an employee’s inability to perform Work due to a Background Check being unavailable for inspection. The failure of the A/E to submit an appropriate affidavit or the submission of an affidavit containing false information shall be considered a substantial violation of the terms and conditions of the
Contract Documents and shall provide a basis for termination of the Contract.
8. Insurance
8.1. Commercial General Liability
Commercial General Liability insurance in an amount of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate in occurrences form. This policy must include coverage for bodily injury, property damage, personal and advertising injury, products and completed operations, and contractual liability under this Agreement. This policy must also include contractual liability coverage that provides and pays for a defense for all claims or demands covered by A/E's indemnification obligations under this Agreement and that is in an amount sufficient to cover the A/E's indemnification obligations under this Agreement.
8.2. Commercial Automobile Liability
Commercial Automobile Liability insurance of One Million Dollars ($1,000,000) combined single limit covering all owned, hired and non-owned vehicles.
8.3. Worker's Compensation
Workers’ Compensation insurance as required by Florida law and Employers’ Liability Insurance in an amount of at least One Hundred Thousand Dollars ($100,000) each accident, One Hundred Thousand
Dollars ($100,000) per employee, and Five Hundred Thousand Dollars ($500,000) for all diseases.
8.4. Errors and Omissions/Professional Liability
Errors and Omissions or Professional Liability insurance appropriate to the A/E’s profession with a minimum limit of One Million Dollars ($1,000,000) per occurrence. If coverage is on a “Claims-Made” basis, it must include a retroactive date of coverage beginning no later than the Execution Date and an extended reporting period of at least 90 days.
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