RFP - Non-Construction 18038-26

Proprietary and Confidential 7/23/26 3:54 PM

A NEW DAY.

Bid Specifications for

Construction Management Continuing Services

Company City of Jacksonville Buyer Benjamin Kemp

E-mail BKemp@coj.net

This document has important legal consequences. The information contained in this document is proprietary of City of Jacksonville. It shall not be used, reproduced, or disclosed to others without the express and written consent of City of Jacksonville.

All responses to this solicitation must be submitted through the City's e-procurement system 1Cloud. If you need to refresh yourself on the instructions for viewing and responding to solicitations, please refer to the training information posted on the supplier portal located on the COJ Procurement Division website.

https://www.jacksonville.gov/departments/finance/procurement https://www.jacksonville.gov/departments/finance/procurement

Table of Contents

1 Overview

1.1 General Information

1.2 Schedule

1.3 Negotiation Controls

1.4 Response Rules

1.5 Terms

2 Requirements

2.1 Affirmation

2.2 Submittal Statement

2.3 General Requirements

2.4 RFP Requirements

2.5 Insurance Requirements

2.6 Sample Services Contract

2.7 Bid Surety Requirements

2.8 Evaluation Criteria

2.9 Response Attachments

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

4 Contract Terms

1 Overview

1.1 General Information

Title Construction Management Continuing Services

Synopsis The purpose of this Request for Qualifications (RFQ) is to select qualified firms to provide high-quality Construction Management (CM) Continuing Services for minor CIP/CRA projects throughout Jacksonville, such as various horizontal and vertical construction and trade services, including, but not limited to, site work (remodels, renovations, energy management and conservation, ADA accessibility), HVAC and mechanical, plumbing, electrical, concrete, demolition, roadway reconstruction, traffic signals, specialty coatings, infrastructure rehabilitation such as bridges and seawalls, marine construction, landscaping and park improvements, environmental projects, solar installations, electric vehicle charging stations, right-of-way enhancements, parking garages, fire stations, police stations, and other Public Works and municipal government projects.

Buyer Benjamin Kemp Outcome Contract Purchase Agreement

E-Mail BKemp@coj.net

1.2 Schedule

Preview Date Open Date 7/23/26 3:54 PM

Close Date 8/20/26 10:00 AM Award Date Time Zone Eastern Standard Time

Pre-Bid Conference Location

N/A

Pre-Bid Date/Time n/a Question Cutoff

Date/Time

7/30/2026 @ 10:00 AM

1.3 Negotiation Controls

Response Visibility Sealed

Lines Settings Rank Indicator No indicator displayed

Ranking Method Multiattribute scoring

1.4 Response Rules

This negotiation is governed by all the rules displayed below.

Rule Suppliers are allowed to revise their submitted response up until Bid closing

1.5 Terms

Agreement Start Date Agreement End Date Agreement Amount

(USD)

Payment Terms Freight Terms Freight Prepaid

Shipping Method Best Way FOB FOB Destination Negotiation Currency USD (US Dollar) Price Precision 2

2 Requirements *Response is required

Suppliers must satisfy the following requirements. By submitting a response, Supplier warrants and represents that it satisfies all requirements. Failure to meet any of the requirements may result in the response being rejected as non-responsive. Any conflict between any section within this document shall be resolved by deferring to the most restrictive language of the solicitation document. Suppliers must respond to each section through the drop-down selection or arrows at the top right. All response attachments should be properly labeled to identify supplier and file contents.

2.1 Affirmation

*1.

Type name, title, and e-mail of person submitting bid in the comments box.

Select one of the following:-

a. Acknowledge

Comments:

*2.

Type name of company in the comments box.

Select one of the following:-

a. Acknowledge

Comments:

*3. No Alterations: Bidder has not altered the original Solicitation Document in any way and further understands that any such alteration of the original solicitation document may result in rejection of the bid.

Select one of the following:-

a. Acknowledge

*4. Solicitation Silence: The Solicitation Silence policy is in effect for this solicitation and all communications related to this solicitation must be in writing to the designated procurement representative. Violations of the solicitation silence policy may result in the rejection/disqualification of the submission.

Select one of the following:-

a. Acknowledge

*5. Legal authorization and solicitation specific minimum requirements: All bidders must be legally authorized to do business in Duval County and shall comply with all minimum requirements for this bid. Failure to submit evidence for meeting any of these requirements may be grounds for rejection. Vendor shall provide proof of applicable local business licenses and particulars such as specific licensure, experience on similar projects, years of expertise in the area etc.

Select one of the following:-

a. Acknowledge

Comments:

*6. Certification of No Conflict of Interest: Supplier certifies that no official or employee of the City or independent agency requiring the goods or services described in the specifications has a material financial interest in the Supplier's company. Supplier must complete and submit the attached Conflict of Interest Statement fully detailing any potential conflicts.

Attachments:

File Name or URL Type Description

CONFLICT OF

INTEREST CERTIFICA

File

Select one of the following:-

a. Contractor certifies that no official or employee of the City or independent agency requiring the goods or services described in the specifications has a material financial interest in the Contractor's company.

b. Contractor cannot certify that no official or employee of the City or independent agency requiring the goods or services described in the specifications has a material financial interest in the Contractor's company.

*7.

Equal Business Opportunity Program: Pursuant to Part 6 of Chapter 126, Jacksonville Ordinance Code, the City of Jacksonville encourages the utilization and participation of Jacksonville Small and Emerging Businesses (JSEBs) in its contract awards based upon availability. It is the City's intent in adopting this program to reflect the philosophy with regards to enhancing participation of JSEBs in all areas of procurement.

Attachments:

File Name or URL Type Description Bid Codes - PWEN- 502872-26 - C

File

Select one of the following:-

a. Acknowledge

*8. Electronic Signature: I understand this acknowledgment serves as my electronic signature and has the same force and effect as my manual signature.

Select one of the following:-

a. Acknowledge

2.2 Submittal Statement

*1. Submittal Statement

Bidder certifies that this proposal is made in good faith, without collusion or connection with any other entity bidding on this work.

Bidder has examined and read all Contract Documents and all Addenda thereto; and is acquainted with and fully understands the extent and character of the work covered by this Proposal and the specified requirements, for the proposed work.

Bidder certifies that no officer or agent of the CITY will directly or indirectly benefit from this bid.

Bidder states that this Proposal is made in conformity with the Contract Documents and agrees that in case of any discrepancy or differences between its Proposal and the Contract Documents, the provisions of the latter shall prevail.

Bidder certifies that it has carefully examined the foregoing Proposal after the same was completed and has verified every item placed thereon; and agrees to indemnify, defend and save harmless the CITY against any cost, damage or expense which may be incurred or caused by any error in the Bidder's preparation of same.

Bidder states that all applicable taxes are included in the unit prices or Lump Sum Bid and acknowledges this project is not exempt from the State or Local Sales or Use taxes, and payment of such taxes is the responsibility of the Bidder.

The undersigned Bidder agrees to keep its bid in effect for 120 calendar days after the Bid Opening date to allow the CITY time to award the bid, should it be awarded, and time to prepare and execute the contract (or issue the purchase order). This time period begins at the time bids are opened and ends upon the issuance of Notice to Proceed (NTP) by the CITY.

The bid prices shall remain in effect throughout the life of the Contract. Failure of the CITY to issue NTP within the specified time period shall allow Bidder to withdraw its Bid and terminate its contract without penalty or forfeiture of Bid Bond. Failure of the CITY to issue NTP within the specified time period shall not entitle Bidder to an adjustment of its Bid prices, unless mutually agreeable by the CITY.

Bidder certifies, under penalty of perjury and contract rescission, that it has all required licenses to perform the work required to fulfill the terms of the contract resulting from a successful bid.

Furthermore, the Bidder affirms that all subcontractors requiring to be licensed are listed in its response and are properly licensed to perform work on their respective portions of this project.

Select one of the following:-

a. Acknowledge

2.3 General Requirements

*1. Scope of Services: The Public Works Department of the City of Jacksonville, Florida is currently accepting bids to obtain source(s) of supply for the item(s) or service(s) as outlined in the bid documents provided. See the attachment(s) for additional information.

The purpose of this Request for Qualifications (RFQ) is to select qualified firms to provide high-quality Construction Management (CM) Continuing Services for minor CIP/CRA projects throughout Jacksonville, such as various horizontal and vertical construction and trade services, including, but not limited to, site work (remodels, renovations, energy management and conservation, ADA accessibility), HVAC and mechanical, plumbing, electrical, concrete, demolition, roadway reconstruction, traffic signals, specialty coatings, infrastructure rehabilitation such as bridges and seawalls, marine construction, landscaping and park improvements, environmental projects, solar installations, electric vehicle charging stations, right-of-way enhancements, parking garages, fire stations, police stations, and other Public Works and municipal government projects.

Additionally, the City seeks firms experienced in a wide range of utility construction, including, but not limited to, stormwater conveyance and water quality treatment, potable and reclaimed water distribution, wastewater collection including lift/pump stations, water and wastewater treatment facilities, water production, and SCADA systems.

The contract award encompasses potential construction projects of various sizes and scopes, with no single project exceeding the amount identified in Florida Statute, section 287.055, as adjusted annually. This amount is $7,550,000 as of July 1, 2026.

The City intends to award master agreement contracts to multiple firms. Contract terms will be three (3) years, with the option to renew them for one (1) additional three (3) year term. Services will be requested on an "as-needed" basis by the various City Agencies and coordinated by the Department of Public Works.

Example projects include:

-Lane reduction, traffic calming and "complete street" projects: for example: Flagler Avenue Shared Street – reconstruction of an approximately four block shared street running from Prudential Drive to the Riverfront on Flagler Avenue- to include sidewalk, streetscape, curb movement, etc.

-Parks: for example: Broadcast Place Park – pickleball courts, tennis courts, public restrooms and public parking under FDOT bridge structures.

-Restaurants: for example: Friendship Fountain Restaurant, approximately 2,400 – 3,000 square feet with rooftop.

-Riverwalk: widening, increased lighting, shade structures, etc.

-Various hardscaping and landscaping projects, sidewalk improvement projects, etc.

-Various trade projects: for example: electrical, plumbing, roofing, etc.

-Earthwork projects: for example: tributary widening projects.

-Historic renovation projects: for example: Genovar's Hall, LaVilla Shotgun Houses.

-Wayfinding projects: for example: wayfinding signage installation and manufacturing, striping.

Firms warrant and represent themselves to be experienced and qualified in the projects to be performed. Firms further understand that by awarding the Prequalification, the City is relying upon these representations and warranties.

All firms are required to be licensed general contractors, licensed and insured in the State of Florida for the projects they are proposing for prequalification. In their response, firms shall include a current copy of their license(s) with their proposal. All licenses will be verified by the City. Firms that do not meet license requirements at time of proposal opening will be considered non-responsive and ineligible for pre-qualification.

All pre-qualified firms must maintain current licenses throughout the course of this contract. All requirements shall be met by employees of the firm who can be assigned to the project(s) during the life of the project, which includes all design, construction and warranty periods, as applicable.

The firms shall have the ability to propose, plan, organize, direct, manage and prioritize the work of its personnel and subcontractors, and shall be knowledgeable of supervisory practices, procedures, inspection techniques, codes, ordinances, permitting, regulations, record-keeping and reporting duties.

The firm shall provide professional construction management services for a project from pre-construction through project closeout. Services include, but are not limited to, the following:

1. Pre-Construction Phase

• Distribute bid documents to prospective subcontractors and develop a complete, responsive, responsible bid proposal for the prospective construction Task Order.

• Optional services that may be paid on a time and materials basis:

• Review project goals, budget, schedule, and delivery method with the Owner.

• Participate in design meetings and provide constructability reviews.

• Prepare and update detailed cost estimates at various design milestones.

• Develop and maintain a preliminary project schedule.

• Provide value engineering recommendations to optimize cost, schedule, and quality.

• Identify long-lead items and procurement strategies.

• Advise on phasing, sequencing, and site logistics.

• Assist with permitting strategy and regulatory coordination, as applicable.

2. Procurement & Contracting

•Prepare and distribute subcontractor bid packages for the prospective Task Order.

•Assist with pre-bid meetings and provide technical input for responses to bidder inquiries.

•Assist the Owner in reviewing subcontractor bids and preparing award recommendations.

•Coordinate contract execution and notice-to-proceed.

•Establish procedures for subcontractor coordination and communication.

•Actively participate in the City's Direct Material Purchase Program.

•Provide recommendations regarding construction feasibility, labor availability, material usage, time requirements and projected completion dates based on project plans, specifications, verbal instructions, or a combination thereof.

3. Construction Phase

•Act as the Owner's Representative on site.

•Coordinate and manage the work of contractors and subcontractors.

•Monitor construction progress for compliance with contract documents.

•Conduct regular site meetings and issue meeting minutes.

•Review and process shop drawings, submittals, and RFIs.

•Maintain and update the project schedule and cost reports.

•Identify, document, and manage changes, claims, and potential risks.

•Coordinate inspections and testing as required.

•Monitor quality control and safety compliance.

4. Cost & Schedule Control

•Track project costs against the approved contract amount.

•Forecast project completion costs.

•Implement corrective actions to mitigate delays or cost overruns.

•Provide monthly written progress reports to the Owner.

5. Project Closeout

•Coordinate substantial and final completion activities.

•Manage punch list preparation and completion.

•Verify submission of closeout documents, including warranties, as-built drawings, and O&M manuals.

•Coordinate final inspections and approvals.

•Assist with final payment and contract closeout.

•Support project handover to the Owner.

•Assemble and deliver sufficient hard copies and electronic copies of closeout documents, operational manuals, and repair and parts manuals, as directed by the Project Manager.

•Coordinate completion of as-built documents with the Project Manager.

•Coordinate completion of punch list items with the Project Manager.

•Warrant all workmanship and material for one year from the date of substantial completion, regardless of equipment start-up or commissioning dates.

•Solicit a minimum of three (3) bids for each item of work. If the firm proposes to self-perform an item of work, it shall include at least two other competitive bids for that work item.

•Assemble its team of subcontractors to accomplish the work. Each proposed subcontractor shall possess and document that it is properly licensed and insured in accordance with applicable City and State requirements for its type of construction.

•Prepare a complete bid package that is the lowest combined price of the bids received and is responsive and responsible in the sole judgment of the City.

•Include all required bonds, insurance and documentation to ensure a complete, standalone bid package for the specific Task Order.

•The proposal shall include a Construction Management fee of 7.5% of the sum of all subcontracted work in the Task Order. The fee shall not include any self-performed work in the sum of work basis for this percentage.

Failure of the firm to obtain three responsive bids for each item of work does not preclude the City from accepting a proposal. The City, in its sole discretion, may elect to waive this requirement if the City determines that it is in the best interest of the City and the project.

The City reserves the right to reject any written quote or bid package.

A firm may elect to pass on a prospective construction Task Order. The number of task orders accepted/declined will have no bearing on task order performance rating. Due to the variety of potential Task Orders as well as unpredictable timing, it may not always be practical for firms to accept all task orders when offered.

Examples of Task Order Requirements:

1. General Construction Management Services that May Be Requested a.Perform all trades necessary to complete work as detailed in the construction documents, specifications and/or as directed by the Project Manager.

b.Ensure all work complies with current codes and OSHA requirements. The CM will ensure the safety and security of the construction site, staging areas, and adjacent roadways and sidewalks at no additional cost to the City.

c.Provide picture identification to staff and subcontractor personnel.

d.Coordinate the construction team as assigned.

e.Actively participate in the City's Direct Material Purchase Program.

f.Provide continuous site supervision during the performance of services.

g.Prepare studies, planning documents, and cost estimates as directed by the Project Manager.

h.Coordinate trade services required for recovery from natural or manmade disasters.

i.Attend meetings with Project Manager.

j.Provide recommendations regarding construction feasibility, labor availability, material usage, time requirements and projected completion dates based on project plans, specifications, verbal instructions, or a combination thereof.

k.Prepare and coordinate the construction schedule for the construction team.

l.Update schedules, activity sequences, and milestone dates as needed.

m. Prepare a long lead-time items list, provide samples and submittals, and recommend approvals to Project Manager.

2. Close-out Phase a.Assemble and deliver sufficient hard copies and electronic copies of closeout documents, operational manuals, and repair and parts manuals, as directed by the Project Manager.

b.Coordinate completion of as-built documents with the Project Manager.

c.Coordinate completion of punch list items with the Project Manager.

d.Warrant all workmanship and material for one year from the date of substantial completion, regardless of equipment start-up or commissioning dates.

The items provided on this page are for informational purposes only and are not an exclusive list of tasks that may be assigned in a task order issued under the multiple award contracts.

Attachments:

File Name or URL Type Description

2.3.6 Volume of Work

Form.doc

File Attachment A-1

Select one of the following:-

a. Acknowledge

*2. Specifications: Provide all items or services as identified on each line or identified below in accordance with all other Terms and Conditions specified herein. See the attachment(s) for additional information.

Select one of the following:-

a. Acknowledge

*3. Firms must satisfy the mandatory minimum requirements listed below. By submitting a Response, the Firm warrants and represents that it satisfies these requirements. Failure to meet these requirements will result in the Response not being evaluated and being rejected as non-responsive:

1. Must be a General Contractor currently licensed in the State of Florida;

2. Must have the ability to obtain and maintain liability insurance as required by the City;

3. Must have documented, qualifying experience as demonstrated by the project experience and prequalification information required in the Response Format below;

4. Must be licensed to do business in the State of Florida and possess a Local Business Tax Certificate if applicable;

and

5. Must explicitly identify each of the Service Groups (types of work) for which it is seeking prequalification. Current Service Groups are:

•Horizontal construction

•Vertical construction •Landscape and hardscape construction •Marine construction •Underground utility construction •Traffic signal construction

To demonstrate capabilities in any of the above Service Groups, proposers shall supply a minimum of three (3) completed projects (where they were the prime contractor) in each Service Group applied for. Include client references including contact information, project value and year(s) work was completed.

In lieu of example completed projects, proposer may provide current City pre-qualifications in horizontal construction, vertical construction or JEA pre-qualification for underground utility construction. The firm may also supply Florida Department of Transportation (FDOT) prequalification in roadway, traffic signal, stormwater / drainage and other types of construction for which FDOT certifies prequalification for consideration by the Evaluation Committee.

Select one of the following:-

a. Acknowledge

*4.

Response format:

Select one of the following:-

a. Acknowledge

*5. Federal Funding does not apply to this bid.

Select one of the following:-

a. Acknowledge

*6. Buy American Preference: As per Section 126.114 of the City of Jacksonville Ordinance Code, preference will be given to a responsive and responsible vendor offering American manufactured, assembled, or produced goods, and who is within 5% of the lowest responsive and responsible bidder. To receive this preference, the bidder must select the Buy American Preference Compliance Certificate indicator and attach supporting documentation and/or evidence attesting that at least 51% offered in the bid response is manufactured, assembled, or produced in the United States.

Bidder is not required to submit for the Buy American Preference. Bidders may quote items that are less than 51% American made but will not be eligible for the preference. Restrictions and exemptions may apply. Please refer to Section 126.114 for specifics. Are you requesting the Buy American Preference?

Attachments:

File Name or URL Type Description

BUY AMERICAN

PREFERENCE - 1Cl

File

Select one of the following:-

a. Yes

b. No

2.4 RFP Requirements

*1.

1. Introduction

The City of Jacksonville ("Buyer") intends to hire Multiple Firms ("Contractors") to provide the services described in this Request for Qualification("RFQ"). Persons interested in submitting a response to this RFQ (a "Response") should carefully review this RFQ for instructions on how to respond and for the applicable contractual terms.

2. Questions and Requests for Amendment to RFQ. If a Contractor (i) has questions about the RFQ, (ii) finds discrepancies, omissions or ambiguities in the RFQ, or (iii) believes any term or condition of the RFQ is unreasonable, Contractor should request an amendment to the RFQ. The request should reference the RFQ section at issue and include any specific language that Contractor recommends using.

All requests for amendment must be submitted in writing (via the 1Coud Procurement System) and, unless otherwise specified in the RFQ, be received by the Purchasing Analyst (Analyst) at least ten (10) calendar days before the Response Due Date. Questions and requests for amendments directed to the Analyst or to any other Buyer personnel shall not constitute a formal protest of the RFQ. Failure to request an interpretation or change will be considered evidence that Contractor understands and agrees to the provisions of the RFQ.

The posting of a written amendment is the only official method by which interpretations, clarifications, changes or additional information will be given by Buyer prior to the opening of Responses. Any other interpretation, clarification, change or information will have no legal effect.

Buyer reserves the right to amend, cancel or reissue the RFQ at its discretion. Buyer reserves the right to request or obtain additional information about any and all Statement of Qualifications submitted in response to RFQ. They may also issue addenda to this RFQ which will be sent to each Supplier who received this RFQ. This includes the right to change the Response Due Date and the Contract award date. Notice of all amendments and cancellations will be posted on Buyer's website (please contact the Analyst if you are uncertain of the website address or if you experience problems accessing it). Contractor is responsible for monitoring this website for new or changing information.

3. Terms of Agreement. After award to the successful Contractor, Buyer and Contractor will promptly enter into a written agreement (the "Contract") incorporating the terms of the RFQ, the successful Response, and other terms and conditions as may be agreed to between the parties. To the extent the Response contains exceptions to or modifications of the RFQ, such exceptions or modifications are stricken unless Buyer affirmatively accepts the exceptions or modifications in the Contract. The Contract will be substantially in the form set forth in an attachment to the RFQ.

Buyer will not be obligated to pay Contractor for the RFQ services until the Contract is signed by both parties. Buyer retains the right to reject all bids and/or amend its notice of award at any time prior to the full execution of the Contract.

If the successful Contractor fails to perform the Services as agreed, Buyer reserves the right to (i) issue a new solicitation for the Services; (ii) reopen the RFQ for the purpose of awarding a second contract to another Contractor in accordance with the criteria and processes set forth herein; and/or (iii) take such other actions permitted by law.

4. Public Meetings and Special Accommodations. Any meetings of the RFQ evaluation committee (i.e., the Jacksonville Procurement Awards Committee or Technical Review Committee) shall be noticed on Buyer's website and shall comply with Florida's Open Meetings Laws. Please contact the Analyst if you are uncertain of Buyer's website address or if you experience problems accessing it. Persons requiring a special accommodation because of a disability should contact the Analystidentified in the Overview Section at least forty-eight (48) hours prior to the meeting.

5. Cost of Developing RFQ Response. All costs related to the preparation of RFQ Responses and any related activities are the sole responsibility of Contractor. Buyer assumes no liability for any costs incurred by Contractors throughout the entire selection process.

6. Response Ownership. All Responses, including attachments, supplementary materials, addenda, etc., shall become property of Buyer and shall not be returned to Contractor. Buyer will have the right to use any and all ideas or adaptation of ideas presented in any Response. Acceptance or rejection of a Response shall not affect this right.

7. Public Records Law; Process For Protecting Trade Secrets and Other Information. Article 1, Section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public records. As such, all responses to the RFQ are public records unless exempt by law. If Contractor considers any portion of its Response to be exempt from disclosure under Florida law, Contractor must provide Buyer with a separate redacted copy of the Response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation. Contractor shall be responsible for defending its determination that the redacted portions of its Response are confidential, trade secret or otherwise not subject to disclosure. Further, Contractor shall protect, defend, and indemnify Buyer for any and all claims arising from or relating to Contractor's determination that the redacted portions of its Response are confidential, trade secret or otherwise not subject to disclosure. If Contractor fails to submit a Redacted Copy with its Response, Buyer is authorized to produce the entire Response in answer to a public records request.

In accordance with Section 119.0701, Florida Statutes, the Contractor shall:

(a) Keep and maintain public records required by Buyer to perform the services; and

(b) Upon request from Buyer's custodian of public records, provide Buyer with a copy of the requested records or allow records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, or as otherwise provided by law; and

(c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of this Contract if Contractor does not transfer the records to Buyer; and

(d) Upon completion of this Contract, transfer to Buyer at no cost all public records in possession of Contractor or keep and maintain public records required by Buyer to perform the service. If Contractor transfers all public records to Buyer upon completion of this Contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of this Contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Buyer upon request from Buyer's custodian of public records in a format that is compatible with Buyer's information technology systems.

The above requirements apply to a "Contractor" as defined in Section, 119.0701, Florida Statutes.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS

CONTRACT, CONTACT THE BUYER'S CUSTODIAN OF PUBLIC RECORDS AT (904) 255-7674;

REQUEST@COJ.NET; BUYER OF JACKSONVILLE, PUBLIC RECORDS REQUEST, 214 N. HOGAN STREET, SUITE 1180, JACKSONVILLE, FLORIDA 32202.

8. Multiple Responses from Same Contractor; No Collusion. More than one Response from an individual firm, partnership, corporation or association under the same or different names is not permitted. Reasonable grounds for believing that a Contractor is involved in more than one Response for the same work will be cause for rejection of all Responses in which such Contractor is believed to be involved. Any or all Responses will be rejected if there is reason to believe that collusion exists between Contractors. Responses in which the prices obviously are unbalanced will be grounds for rejection.

9. Convicted Vendor List. A person or affiliate placed on the State of Florida convicted vendor list pursuant to Section 287.133, Florida Statutes, following a conviction for a public entity crime may not do any of the following for a period of 36 months from the date of being placed on the convicted vendor list:

submit a bid on a contract to provide any goods or services to a public entity;

submit a bid on a contract with a public entity for the construction or repair of a public building or public work;

submit bids on leases of real property to a public entity;

be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transact business with any public entity in excess of the Category Two threshold amount provided in Section 287.017, Florida Statutes.

10. Discriminatory Vendor List. An entity or affiliate placed on the State of Florida discriminatory vendor list pursuant to Section 287.134, Florida Statutes, may not:

submit a bid on a contract to provide any goods or services to a public entity;

submit a bid on a contract with a public entity for the construction or repair of a public building or public work;

submit bids on leases of real property to a public entity;

be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or transact business with any public entity.

11. Contractor Representations. In submitting a Response, Contractor understands, represents, and acknowledges the following (if Contractor cannot so certify to any of following, Contractor shall submit with its Response a written explanation of why it cannot do so).

Contractor currently has no delinquent obligations to the Buyer of Jacksonville or any of its independent agencies.

The Response is submitted in good faith and without any prior or future consultation or agreement with any other respondent or potential respondent;

To the best of the knowledge of the person signing the Response, neither the Contractor, its affiliates, subsidiaries, owners, partners, principals or officers:

is currently under investigation by any governmental authority for conspiracy or collusion with respect to bidding on any public contract;

is currently under suspension or debarment by any governmental authority in the United States;

has within the preceding three years been convicted of or had a civil judgment rendered against it, or is presently indicted for or otherwise criminally or civilly charged, in connection with (i) obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; (ii) violation of federal or state antitrust statutes; or (iii) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or has within the preceding three-year period had one or more federal, state, or local government contracts terminated for cause or default.

Contractor is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. [This certification applies to contracts of $1,000,000 or more. A list of the companies can be found as a link to "PFIA Quarterly Reports" at www.sbafla.com/fsb/ ]

Contractor has read and understands the RFQ terms and conditions, and the Response is submitted in conformance with those terms and conditions.

All representations made by Contractor to Buyer in connection with the RFQ have been made after a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the Response.

Contractor shall indemnify, defend, and hold harmless Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the Response.

All information provided by, and representations made by, Contractor are material and important and may be relied upon by Buyer in awarding the Contract.

12. Provision of Services. Contractor shall provide Buyer with all of the services and deliverables described in the RFQ, the Response and the resulting Contract (collectively, the "Services"). If any services, functions or responsibilities are not specifically described in the RFQ, the Response or the resulting Contract but are necessary for the proper performance and provision of the Services, they shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if specifically described herein.

13. Relationship of the Parties. In performance of the Services, Contractor shall be acting in the capacity of an independent contractor and not as an agent, employee, partner, joint venture or associate of Buyer. Contractor shall be solely responsible for the labor, supplies, materials, means, methods, techniques, sequences and procedures utilized to perform the Services in accordance with the Contract.

14. Buyer's Right to Make Changes. Buyer may unilaterally require, by written order, changes altering, adding to, or deducting from the Services ("Changes"), provided that such Changes are within the general scope of the Contract.

Buyer will make an equitable adjustment in the Contract price or delivery date if the Change materially affects the cost or time of performance. Such equitable adjustments require the written consent of Contractor, which shall not be unreasonably withheld. The Parties will cooperate with each other in good faith in discussing the scope and nature of the Change, the availability of Contractor personnel, the expertise and resources to provide such Change, and the time period in which such Change will be implemented.

15. Service Warranties. Contractor warrants that the Services shall be performed and delivered in a professional, first-class manner in accordance with the Contract and the standards prevailing in the industry. Contractor shall also undertake the following actions without additional consideration during the term of the Contract and for one year thereafter: (i) promptly making necessary revisions or corrections to resolve any errors and omissions on the part of Contractor; and (ii) conferring with Buyer for the purpose of interpreting any of the Services or information furnished.

Acceptance of the Services by Buyer shall not relieve Contractor of these responsibilities. The warranties and covenants in this paragraph will extend to all subcontractors as well.

The foregoing warranties and covenants shall not apply (i) with respect to any portions of the Service that have been produced by anyone other than Contractor or its subcontractors; (ii) to any modifications made by anyone other than Contractor or its subcontractors or without Contractor's specific prior written consent; or (iii) to any use of the Service in a manner or for any purpose other than those contemplated in the Contract. EXCEPT AS EXPRESSLY STATED

IN THE CONTRACT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION ANY IMPLIED WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE. CONTRACTOR'S WARRANTIES EXTEND SOLELY TO BUYER.

16. Buyer Will Assist Contractor. At Contractor's request, Buyer will provide reasonable assistance and cooperation to Contractor, including the supply of any data and information necessary for Contractor to provide the Services.

Buyer will also designate a Contract Manager who will, on behalf of Buyer, work with Contractor and administer the Contract in accordance with its terms.

17. Location Requirements for Services. Unless otherwise stated in the RFQ or the Response, the majority of the Services shall be performed within Duval County, Florida and no Services will be performed outside of the United States. These restrictions may be modified in writing if Buyer determines, in its sole discretion, that the restrictions impose an undue burden on Contractor's ability to perform the Services as contemplated in the Contract.

18. Use of Subcontractors; Flow-Down Provisions. Except to the extent the use of subcontractors is disclosed in the Response or consented to in writing by Buyer, Contractor shall not be allowed to subcontract or assign any of its duties and obligations hereunder. In all cases, Contractor will be responsible for the acts or omissions of its subcontractors.

Contractor will ensure that all relevant contractual obligations will flow down to the subcontractors and will be incorporated into the subcontracts (including the obligations relating to insurance, indemnification, delays, intellectual property rights, public records, non-discrimination, audits, security, location of services, termination, transition assistance, warranties, and the manner in which the Services are to be performed).

19. Meetings and Reports. Contractor must attend all meetings and public hearings relative to the Services where its presence is determined to be necessary and requested by Buyer and Contractor can reasonably schedule its appearance.

Unless otherwise agreed, Contractor shall provide a monthly report summarizing Contractor's performance. Contractor shall provide other periodic reports respecting the Services as Buyer reasonably requests.

20. Ownership of Works.

(a) The term "Work" shall mean each deliverable, drawing, design, specification, rendering, notebook, tracing, photograph, reference book, equipment, expendable equipment and material, negative report finding, recommendation, data and memorandum of every description, shared with or delivered to Buyer pursuant to the Contract.

(b) With the exception of Contractor's pre-existing intellectual capital and third-party intellectual capital as described in Section below, Buyer shall own all right, title and interest, including ownership of copyright (limited to the extent permitted by the terms of any governing licenses), in and to each Work including, but not limited to, software, source code, reports, deliverable, or work product developed by Contractor specifically for Buyer in connection with the Contract, and derivative works relating to the foregoing. The use of these Works in any manner by Buyer shall not support any claim by Contractor for additional compensation.

(c) Each Work, and any portion thereof, shall be a "work made for hire" for Buyer pursuant to federal copyright laws. Any software, report, deliverable, or work product as used in connection with the Work, but previously developed by Contractor specifically for other customers of Contractor or for the purpose of providing substantially similar services to other Contractor customers, generally shall not be considered "work made for hire", so long as the foregoing are not first conceived or reduced to practice as part of the Work. To the extent any of the Works are not deemed works made for hire by operation of law, Contractor hereby irrevocably assigns, transfers, and conveys to Buyer, or its designee, without further consideration all of its right, title and interest in such Work, including all rights of patent, copyright, trade secret, trademark or other proprietary rights in such materials. Except as provided in the foregoing sentences, Contractor acknowledges that Buyer shall have the right to obtain and hold in its own name any intellectual property right in and to the Work. Contractor agrees to execute any documents or take any other actions as may reasonably be necessary, or as Buyer may reasonably request, to perfect or evidence Buyer's ownership of the Work.

21. Intellectual Property.

(a) Contractor grants to Buyer an irrevocable, perpetual, royalty free and fully paid-up right to use (and such right includes, without limitation, a right to copy, modify and create derivative works from the subject matter of the grant and the right to sublicense all, or any portion of, the foregoing rights to an affiliate or a third party who provides service to Buyer. Contractor's intellectual property (including, without limitation, all trade secrets, patents, copyright and know-how) that is contained or embedded in, required for the use of, that was used in the production of or is required for the reproduction, modification, maintenance, servicing, improvement or continued operation of any applicable unit of Work.

(b) If the Work contains, has embedded in, or requires for the use of, any third party intellectual property, or if the third party intellectual property is required for the reproduction, modification, maintenance, servicing, improvement or continued operation of the Work, Contractor shall secure for Buyer an irrevocable, perpetual, royalty free and fully paid-up right to use all third party intellectual property. Contractor shall secure such right at its expense and prior to incorporating any third party intellectual property (including, without limitation, all trade secrets, patents, copyright and know-how) into any Work, including, without limitation, all drawings or data provided under the Contract, and such right must include, without limitation, a right to copy, modify and create derivative works from the subject matter of the grant of the right and a right to sublicense all or any portion of the foregoing rights to an affiliate or a third party service provider. This subparagraph does not apply to standard office software (e.g., Microsoft Office).

(c) Should Buyer, or any third party obtaining such Work through Buyer, use the Work or any part thereof for any purpose other than that which is specified in the Contract, it shall be at Buyer's and such third party's sole risk.

22. Software Development Processes and Standards. To the extent any software is developed, modified, or otherwise procured under the Contract, Contractor will use commercially-accepted software development and documentation processes and standards.

23. Limitation of Warranty for Buyer-Furnished Software. In lieu of any other warranty expressed or implied herein, Buyer warrants that any programming aids and software packages supplied for Contractor use as Buyer-furnished property shall be suitable for their intended use on the system(s) for which designed. In the case of programming aids and software packages acquired by Buyer from a commercial source, such warranty is limited to that set forth in the contractual document covering the product(s). Should Buyer furnish Contractor with any programming aids or software packages that are found not to be suitable for their intended use on the system(s) for which designed, Contractor shall notify Buyer and supply documentation regarding any defects and their effect on progress on the Contract. Buyer will consider equitably adjusting the delivery performance dates or compensation, or both, and any other contractual provision affected by the Buyer-furnished property in accordance with the procedures provided for in Section 3.3 above ("Buyer's Right to Make Changes").

24. Loss of Data. If any Buyer data or record is lost or corrupted due to the negligence of Contractor or any of its subcontractors or agents, Contractor shall be responsible for correcting and recreating all production, test, acceptance and training files or databases affected which are used in the provision of services, at no additional cost to the Buyer in the manner and on the schedule set by Buyer. This remedy shall be in addition to any other remedy Buyer may be entitled to by law or the Contract.

25. Purchase Orders. If the Contract requires a Service to be ordered by Buyer via purchase order, Contractor shall not deliver or furnish the Service until a Buyer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by Buyer directly with Contractor, and shall be deemed to incorporate by reference the Contract. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to Buyer.

26. Best Pricing for Comparable Services to Other Government Entities. Compensation for the Services shall be as set forth in the Contract. During the Contract term, if Contractor offers better pricing to other government entities for substantially the same or a smaller quantity of Services upon the same or similar terms of the Contract ("Better Pricing"), then the price under the Contract shall be immediately reduced to the better price. Buyer may require Contractor to certify on an annual basis that Better Pricing (as defined above) does not exist.

27. Invoicing and Payment.

(a) Unless otherwise specified in the RFQ, payment to Contractor for Services shall be made on a monthly basis for the Services provided by Contractor for the preceding month. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. Buyer may require any other information from Contractor that Buyer deems necessary to verify its obligation to pay under the Contract. Payments will be made to Contractor approximately thirty (30) days after receipt and acceptance of a proper invoice. Buyer does not pay service charges, interest or late fees unless required by law.

(b) To the extent Contractor's fees include reimbursement for travel or travel-related expenses, such travel and travel-related expenses shall be subject…