2-RFSQ-086-25-CW JakeGaitherPASS Design Final.pdf

REQUEST FOR QUALIFICATIONS (RFQ)

RFSQ-086-25-CW

Design of Jake Gaither Community Pedestrian and Street Safety (PASS)

Project

Release Date: 7/07/2025

Procurement Agent:

Catrina Wilson

TABLE OF CONTENTS

SECTION DESCRIPTION

1.0 Notices/Instructions to Respondents

1.1 Introduction

1.2 Personnel to Contact on this Solicitation

1.3 Submittal Response Requirements

1.4 Disadvantaged Business Enterprises

1.5 Title VI Assurances

1.6 Contract Award

1.7 Right of Rejection

1.8 General Terms and Conditions

1.9 Grievance Procedures

1.10 Selection Process/Award

1.11 Confidentiality

1.12 Prohibited Communications

1.13 Termination

1.14 Indemnification

1.15 Certification of Drug-Free Workplace

1.16 Cost Incurred by Respondents

1.17 Late Submission/Modification/Withdrawal of Submittals

1.18 Review and Approval of Contract Staff

1.19 E-Verify

1.20 Conflict of Interest

1.21 Availability of Funds

1.22 Severability

1.23 Remedies

1.24 Enforcement Costs

1.25 Purchases by Other Public Agencies [Intentionally Omitted]

1.26 Consultant Questions Regarding Chapter 119, Florida Statutes

1.27 Scrutinized Company List

1.28 Preparation of Qualifications Submittal

1.29 Request for Copy of Submitted Qualifications Submittal

1.30 Approval of Resultant Contract

1.31 Supplier Portal

TABLE OF CONTENTS (cont.)

2.0 Schedule and Evaluation

2.1 Schedule of Events

2.2 Proposal Response Requirements

2.3 Technical Proposal (Bonfire Line Item 1)

2.4 Evaluation of Responses

2.5 Evaluation Criteria of Qualification Submittal

2.6 Overall Score and Ranking

3.0 Scope of Work

3.1 Intent

3.2 Scope of Work/Specifications

3.3 Contractor Personnel Requirements

Attachments and Forms (see Attachments and Forms Table of Contents)

SECTION 1.0 NOTICES / INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

On behalf of the City of Tallahassee Florida, (herein referred to as the “City”), the Procurement Services Office is requesting written Statements of Qualifications (hereinafter referred to as “SOQ(s)”) from experienced Respondents interested in providing design services for the Jake Gaither Community Pedestrian and Street Safety Project (herein referred to as the “Project”) in accordance with this Request for Qualifications (RFQ). One respondent will be selected to provide design services for this project.

(a) “Statement of Qualifications (SOQ)”, as used in this RFQ, means the complete documentation submitted to the City in response to this RFQ.

Respondents shall submit all required SOQ documentation in accordance with the instructions in this RFQ.

There is no intent to limit the content of the SOQ information; additional information deemed appropriate by the Respondent should be included in the documentation.

SOQs shall be prepared simply and economically, providing a straightforward, concise delineation of Respondent's intentions to satisfy the requirements of all submittal requests. Emphasis must be placed on completeness and clarity of content.

(b) “Respondent(s)”, “Firm”, or “Vendor” in this document shall mean any individual, partnership, corporation, association, or other legal entity permitted by law to practice engineering, or surveying or mapping in Florida, that submit SOQs to this RFQ.

(c) “Contractor” means a Respondent, that enters into a contract for services with the City.

(d) “Consultant” means a Respondent who submits an SOQ to this RFQ or has entered into a contract with the City, depending upon the context of the term.

(e) “Grant Agreement” means the U.S. Department of Transportation’s Grant Agreement Under the Fiscal

Year 2024 Safe Streets and Roads for All Grant Program for the Jake Gaither Community Pedestrian and Street Safety Project, including:

i. The U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program: FHWA Projects, as may be amended (herein referred to as the “Grant Agreement General Terms”), copy of which is included in this RFQ as Attachment Dand

ii. The U.S. Department of Transportation Exhibits to FHWA Grant Agreements Under the Fiscal Year 2024 Safe Streets and Roads for All (SS4A) Grant Program, as may be amended (herein referred to as the “Grant Agreement Exhibits”), a copy of which is included in this RFQ as Attachment E.

The City of Tallahassee is the “Recipient” referenced within the Grant Agreement. The Respondents of this RFQ are prospective first tier participants, and any subcontractors or subconsultants are prospective lower tier participants as referenced within the Grant Agreement.

1.2 PERSONNEL TO CONTACT ON THIS SOLICITATION

Catrina Wilson, catrina.wilson@talgov.com

1.2.1 EXPLANATIONS/INTERPRETATIONS

Any questions related to this solicitation, must be received in writing by the City by the date and time specified in the schedule of events, please utilize the question / answer feature provided by Bonfire at https://talgov.bonfirehub.com. Material changes, if any, to the scope of services or submittal procedures will only be transmitted by written addendum.

mailto:catrina.wilson@talgov.com https://talgov.bonfirehub.com/

The specific Agent / Solicitation Contact information for this solicitation is provided in Bonfire. Oral explanations or instructions will not be binding. Any information given to a Respondent, which, in the opinion of the Procurement Services Office, affects all Respondents or would be prejudicial to other Respondents if not communicated, shall be furnished to all other Respondents as an addendum to the solicitation.

1.2.2 SPECIAL ACCOMMODATIONS FOR MEETINGS

Persons with disabilities requiring reasonable accommodations to attend any scheduled meetings please contact the Purchasing Agent at least forty-eight (48) hours in advance, excluding Saturday, Sunday, and City observed holidays.

For speech and hearing impaired: FRS TDD at 711.

1.3 SUBMITTAL RESPONSE REQUIREMENTS

1.3.1 Each Respondent MUST, by the date and time set for receipt of qualifications submission, accept, furnish and/or complete, and submit all documents specified in response to this solicitation. Failure to provide this information may be grounds for your qualifications submission to be considered non-responsive and not considered for any award.

1.3.2 The City of Tallahassee (“City”) uses BONFIRE https://talgov.bonfirehub.com to administer the competitive solicitation process, including but not limited to soliciting qualifications, issuing addenda, posting results, and issuing notification of an intended decision. There is no charge to register, download, or submit a response with BONFIRE for the City opportunities. Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in BONFIRE well in advance of their intention of submitting a response to ensure familiarity with the use of

BONFIRE.

1.3.3 The City shall not be responsible for a Respondent’s inability to submit a qualifications submission by the due date and time for any reason, including issues arising from the use of

BONFIRE.

1.3.4 When submitting a qualifications submission electronically through BONFIRE, it is the sole responsibility of the Respondent to review all documents for completeness and to ensure that the response is received by BONFIRE prior to the closing date and time. See Section 2 for Bonfire submittal instructions.

1.3.5 MANDATORY PRE-SUBMITTAL CONFERENCE AND / OR SITE VISIT

1.3.5.1 All interested prime Respondents attending mandatory meetings MUST sign-in, as proof of attendance.

1.3.5.2 Responses shall be rejected if submitted by prime Respondents that do not attend mandatory meetings and sign attendance.

1.3.5.3 Respondents are cautioned that in no event shall failure to familiarize themselves with the requirements of this solicitation or to resolve ambiguous or inconsistent terms or conditions of this solicitation or proposed contract constitute grounds for a claim of any kind after contract award.

1.3.5.4 All meetings and or site visits designated as mandatory must be attended/represented by the vendor submitting a response. Not attending a mandatory event shall be grounds for deeming the Respondent not responsive.

https://talgov.bonfirehub.com/

1.3.6 SPECIAL ACCOMMODATIONS FOR MEETINGS

Persons with disabilities requiring reasonable accommodations to attend any scheduled meetings please contact the Purchasing Agent at least forty-eight (48) hours in advance, excluding Saturday, Sunday, and City observed holidays.

For speech and hearing impaired: FRS TDD at 711

1.4 DISADVANTAGED BUSINESS ENTERPRISES (DBE)

It is the policy of the City to ensure that DBEs as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in Federal-assisted contracts. Under the Grant Agreement, the city will expend funds in compliance with the requirements of 2 CFR 200.321, and any amendments thereto. It is also our policy:

1. To ensure nondiscrimination in the award and administration of Federal - assisted contracts;

2. To create a level playing field on which DBEs can compete fairly for Federal-assisted contracts;

3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;

4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;

5. To help remove barriers to the participation of DBEs in Federal assisted contracts; and

6. To assist the development of firms that can compete successfully in the marketplace outside the DBE Program.

1.5 TITLE VI ASSURANCES

1.5.1 In accordance with the Grant Agreement Exhibits, the City of Tallahassee inserts the following notice in this solicitation:

“The City of Tallahassee, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

1.6 CONTRACT AWARD

1.6.1 The City reserves the right to incorporate the successful firm(s) SOQ into a contract. Failure of a firm to accept this obligation may result in the cancellation of any award.

1.6.2 [Intentionally Omitted]

1.6.3 The selected firm(s) will be required to assume responsibility for all services offered in the SOQ.

The City will consider the selected firm(s) to be the sole point of contact with regard to contractual matters, including payment of any or all charges for their contract.

1.6.4 A copy of the recommended ranking will be available for review in the Purchasing Division upon completion of the evaluation by the committee.

1.6.5 After the Intent to Award has been successfully posted and received City Commission Approval, the City will enter into negotiations with the successful firm.

1.6.6 The City may cancel the contract due to default. Consultants and their subcontractors’ employees’ performance, non-performance, service, conduct, actions and/or administrative contract support may result in disciplinary action to include, but not be limited to warning letters, remediation period, notice or breach, notice of default, suspension, up to immediate cancellation of the contract.

1.7 RIGHT OF REJECTION

1.7.1 The City reserves the right to reject any or all qualifications submittals in whole or in part, with or without cause, to waive any minor irregularity, and/or to accept the Respondent’s qualifications submission that in its judgment will be in the best interest of the City of Tallahassee and its citizens.

1.7.2 Without limiting the foregoing, the Director for Procurement Services can disqualify any Respondent and reject the Respondent’s qualifications submission for any of the following reasons:

1.7.2.1 The submission of more than one Response for the same work from an individual, firm, or other business entity under the same or a different name.

1.7.2.2 Evidence that a Respondent has a financial interest in the firm or business entity of another Respondent for the same work.

1.7.2.3 Evidence of collusion among Respondents.

1.7.2.4 Uncompleted work on another project or projects that, in judgment of the Director for

Procurement Services, could hinder or prevent the prompt completion of the work that is the subject of this solicitation.

1.7.2.5 Failure to pay or satisfactorily settle all bills due for labor or material on any other contract.

1.7.2.6 Default under a contract with the City, or with any other, federal, state, or local governmental entity.

1.7.2.7 Employment of unauthorized aliens in violation of Section 274A of the Immigration and Nationality Act.

1.7.2.8 Falsification or misrepresentation on any form required by the City.

1.7.2.9 Failure to meet contract qualifications or specifications.

1.8 GENERAL TERMS AND CONDITIONS

1.8.1 EQUAL OPPORTUNITY AGREEMENT

1.8.1.1. In connection with work performed under a City of Tallahassee contract, the Respondent agrees, upon receipt of a written award or acceptance of a contract, to support and abide by the City’s Equal Opportunity Pledge.

1.8.1.2 By submitting a qualifications submission, the Respondent agrees to:

a. Not discriminate against any employee or job applicant because of their race, creed, color, sex, marital status or national origin;

b. Post a copy of this pledge in a conspicuous place, available to all employees and job applicants.

1.8.1.3 Place or cause to be placed a statement in all solicitations or advertisement for job applicants, including subcontractors, that the Respondent is an “Equal Opportunity Employer.”

1.8.2 PUBLIC ENTITY CRIMES

As required by section 287.133 (2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO [$35,000] for a period of 36-months from the date of being placed on the convicted vendor list. Any person must notify the City within 30-days after a conviction of a public entity crime applicable to that person or to an affiliate of that person.

1.8.3 ISSUANCE OF ADDENDA

1.8.3.1 If this solicitation is amended, the City will issue an appropriate addendum to the solicitation. If an addendum is issued, all terms and conditions that are not specifically modified shall remain unchanged.

1.8.3.2 Respondent shall accept the Addendum in Bonfire.

1.8.3.3 The Respondent shall acknowledge receipt of each addendum to this solicitation using

Bonfire.

1.8.3.4 The City must receive the acknowledgment by the time and date, and at the location specified for receipt of qualifications submission.

1.8.4 PAYMENT

1.8.4.1 Prompt Pay Policy

It is the policy of the City of Tallahassee to fully implement the provisions of the State of Florida Local Government Prompt Payment Act. For more information, please refer to sections 218.70-218.80, Florida Statutes.

1.8.4.2 Withholding Payment

In the event a contract is canceled under any provision herein, the City of Tallahassee may withhold from the Consultant any monies owed on that or any contract, an amount sufficient to compensate for damages suffered because of the violation resulting in cancellation.

1.8.4.3 Payment Method

The City shall pay the Consultant, either by government credit card or check/ACH Payment upon the submission of proper invoices or contract pay requests in accordance with the Compensation section in the Contract.

1.8.5 INSURANCE REQUIREMENTS

Prior to commencing work, the Consultant shall procure and maintain, at Consultant's own cost and expense for the duration of the agreement, the following insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Consultant, his agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in Consultant's qualifications submittal.

1.8.5.1 Consultant shall maintain limits no less than:

Commercial General/Umbrella Liability Insurance - $1,000,000 limit per occurrence for property damage and bodily injury. The service provider should indicate in its proposal whether the coverage is provided on a claims-made or preferably on an occurrence basis. The insurance shall include coverage for the following:

• Premise/Operations

• Explosion, Collapse and Underground Property Damage Hazard (only when applicable to the project)

• Products/Completed Operations

• Contractual

• Independent Consultants

• Broad Form Property Damage

• Personal Injury

Business Automobile/Umbrella Liability Insurance - $1,000,000 limit per accident for property damage and personal injury.

• Owned/Leased Autos

• Non-owned Autos

• Hired Autos

Workers’ Compensation and Employers’/Umbrella Liability Insurance - Workers’ Compensation coverage with benefits and monetary limits as set forth in Chapter 440, Florida Statutes. This policy shall include Employers’/Umbrella Liability coverage for $1,000,000 per accident. Workers’ Compensation coverage is required as a condition of performing work or services for the City whether or not the Consultant or Vendor is otherwise required by law to provide such coverage.

Professional Liability Insurance - $1,000,000 or as per project (ultimate loss value per occurrence).

1.8.5.2 Other Insurance Provisions

1.8.5.2.1 Commercial General Liability and Automobile Liability Coverage

• The City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant;

premises owned, leased or used by the Consultant or premises on which Consultant is performing services on behalf of the City. The coverage shall contain no special limitations on the scope of protection afforded to the City of Tallahassee, members of the City Commission, boards, commissions and committees, officers, agents, employees, and volunteers.

• The Consultant's insurance coverage shall be primary insurance as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers shall be excess of Consultant's insurance and shall not contribute with it.

• Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees, and volunteers.

• Coverage shall state that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability.

1.8.5.2.2 Workers' Compensation and Employers’ Liability and Property Coverage The insurer shall agree to waive all rights of subrogation against the City of Tallahassee, member of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers for losses arising from activities and operations of Consultant in the performance of services under this Agreement.

1.8.5.2.3 All Coverage

• Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City.

• If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach.

• Alternatively, City may purchase such required insurance coverage (but has no special obligation to do so), and without further notice to Consultant, City may deduct from sums due to Consultant any premium costs advanced by City for such insurance.

• City must be named as "additional insured" as its interest may appear.

1.8.5.2.4 Deductibles and Self-Insured Retention

Any deductibles or self-insured retention’s must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retention’s as respects the City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses.

1.8.5.2.5 Acceptability of Insurers

Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M.

Best's rating service.

1.8.5.2.6 Verification of Coverage

Consultant shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences.

1.8.5.2.7 Subcontractors

Consultant shall include each of its subcontractors as insureds under the policies of insurance required herein.

1.8.5.3 Delay Penalties

(a) If the Contractor fails to provide the deliverables, reports, or perform the services within the time specified in this contract, or any extension, the Contractor shall pay to the City as fixed, agreed, and delay penalties, the minimum sum of $100.00 for each calendar day of delay, not to exceed $1,500.00 per month;

and/or in the event the City is penalized monetarily by federal, state, or local entities as a result of Contractor delay, error, and/or other poor-performance issues, the Contractor may be required to reimburse the City the full amount of the penalty assessed.

(b) Alternatively, if delivery or performance is so delayed, the City may terminate this contract in whole or in part under the Termination clause in this contract and in that event, the Contractor may be liable for 1) reimbursement to the City for costs spent to procure services from another vendor, or 2) for a fixed, agreed, and delay penalties accruing until the time the City may reasonably obtain delivery or performance of similar supplies or services. The delay penalties shall be in addition to excess costs under the Termination clause.

(c) The Contractor shall not be charged with delay penalties when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor.

1.8.5.4 Financial Consequences of Non-Performance

The City may apply financial consequences if the Consultant fails to perform in accordance with the Contract.

If the Consultant fails to remedy the performance deficiencies after the contract executed, the Consultant may be assessed a non-performance retainage equivalent to 10% or $1,000.00, whichever is less, of the total invoice amount for the task or project, or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Consultant resolves the deficiency. If the deficiency is subsequently resolved, the Consultant may invoice the Customer for the retained amount during the next billing period. If the Consultant is unable to resolve the deficiency, the funds retained will be forfeited.

1.9 GRIEVANCE PROCEDURES

1.9.1 Right to Protest. Any prospective Respondent may protest the provisions of a formal solicitation (Invitation for Bid, Request for Qualifications, or Request for Proposal, etc).

i Protest of Specifications or Proceedings Prior to an Opening

Any actual or prospective Respondent, or consultant, who is aggrieved in connection with the solicitation, may protest on the grounds or irregularities in specifications or solicitation procedure.

ii Protest of Recommended Award Any actual Respondent who is aggrieved in connection with the evaluation of the qualifications submission, its evaluation, or the staff recommendation regarding award of a contract, provided that such Respondent would have been awarded the contract but for the aggrieved action, may protest such evaluation or award recommendation.

1.9.2 Filing a Protest. A written protest shall be considered filed, for purposes of this procedure when all related items are actually delivered to and received by the Procurement Services Division. All protest shall be directed to the attention of the Manager for Procurement Services.

i For any protest related to the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking qualifications submittal, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within the 72-hour period after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to timely file a written notice of protest or failure to file a formal written protest including the required protest bond/cashier’s check, shall constitute a waiver of such protest.

ii For protest related to the evaluation of qualifications submittal, evaluation of proposals, or staff recommendation regarding award of a contract, a written notice of intent to protest must be filed with Procurement Services within 72 hours (excludes weekends and holidays) after posting of the intended recommendation regarding award, and a written protest, must be filed with the Procurement Services Division no later than 5:00 p.m., ET, on the seventh (7th) calendar day following the date on which the written notice of intent to protest was filed. A weekend commences at 12:00 a.m., ET, on Saturday and ends at the same time on the following Monday.

A holiday begins at 12:00 a.m., ET, on the observed holiday and ends at the same time on the following day. Such written protest shall state, with particularity the facts and grounds upon which the protest is based, and shall include references to applicable laws, statutes, ordinances, policies, or other authority on which the protest is based. Failure to timely file either the notice of intent or the written protest including the protest bond/cashier’s check, shall constitute a waiver of such protest.

1.9.3 Protest Bond. Any person who files a formal written protest, shall post with the Procurement Services Division, at the time of filing the formal written protest, a cashier’s check or bond payable to the City of Tallahassee in an amount equal to 1 percent of the City’s estimate of the total volume of the contract or $5,000, whichever is less.

1.9.4 Final Decision. The City Attorney or designee shall consider each protest and shall render a final determination. If the decision of the City Attorney or designee upholds the action taken by the City, then the City shall retain the amount in payment of a portion of the cost and expense, including but not limited to, time spent by City staff in responding to the protest and in conducting the evaluation of the protest. If the decision of the City Attorney or designee does not uphold the action taken by the City, then the City shall return that amount, without deduction, to the person or entity filing the protest.

1.9.5 Stay of Procurement During Protest. In the event protest is filed in accordance with the protest procedures herein, Procurement Services shall not proceed further with the solicitation or award of the contract until the City Attorney or designee has rendered a written decision regarding the protest or until the City Manager or designee makes a written determination that continuation of the process and award of a contract without delay is necessary to protect the substantial interest of the City.

1.10 SELECTION PROCESS/AWARD

1.10.1 The Selection Committee will review and score all qualifications submittals received by the due date. The City reserves the right to shortlist the highest ranked firm(s), if deemed necessary.

1.10.2 The Selection Committee may request to receive presentations/conduct interviews of the shortlisted firms and will establish rankings for each firm in accordance with the scoring criteria established for this project.

1.10.3 The Selection Committee will recommend the order of ranking for City Commission approval, as required.

1.10.4 The contract for this project will be negotiated with the shortlisted firm(s) ranked highest first, then second highest, and so forth, as approved by City Commission.

1.11 CONFIDENTIALITY

1.11.1 The City takes its public records responsibilities as provided under Chapter 119, F.S., and Article I, Section 24 of the Florida Constitution, very seriously. If a Respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Respondent must clearly mark and identify in its Response those portions which are confidential, trade secret or otherwise exempt. The Respondent must simultaneously provide the City with a separate redacted copy of its Response only to exclude or obliterate those exact portions which are claimed confidential, proprietary, or trade secret.

1.11.2 By submitting a proposal in response to this solicitation, a respondent acknowledges that City is a governmental entity subject to the Florida Public Records Law (Chapter 119, Florida Statutes).

The respondent further acknowledges that any materials or documents provided to City may be "public records" and, as such, may be subject to disclosure to, and copying by, the public unless otherwise specifically exempt by statute. Should a respondent provide City with any materials which it believes, in good faith, contain information which would be exempt from disclosure or copying under Florida law, the respondent shall indicate that belief by typing or printing, in bold letters, the phrase "Proprietary Information" on the face of each affected page of such material.

The respondent shall submit to the City both a complete copy of such material and a redacted copy in which the exempt information on each affected page, and only such exempt information, has been rendered unreadable. In the event a respondent fails to submit both copies of such material, the copy submitted will be deemed a public record subject to disclosure and copying regardless of any annotations to the contrary on the face of such document or any page(s) thereof.

1.11.3 Should any person request to examine or copy any material so designated and provided the affected Respondent has otherwise fully complied with this provision, City, in reliance on the representations of the Respondent, will produce for that person only the redacted version of the affected material. If the person requests to examine or copy the complete version of the affected material, City shall notify the Respondent of that request, and the Respondent shall reply to such notification, in a writing that must be received by City no later than 4:00 p.m., ET, of the second City business day following Respondent’s receipt of such notification, either permitting or refusing to permit such disclosure or copying. Failure to provide a timely written reply shall be deemed consent to disclosure and copying of the complete copy of such material. If the Respondent refuses to permit disclosure or copying, the Respondent agrees to, and shall, hold harmless and indemnify City for all expenses, costs, damages, and penalties of any kind whatsoever which may be incurred by City, or assessed or awarded against City, in regard to City's refusal to permit disclosure or copying of such material. If litigation is filed in relation to such request and the Respondent is not initially named as a party, the Respondent shall promptly seek to intervene as a defendant in such litigation to defend its claim regarding the confidentiality of such material.

This provision shall take precedence over any provisions or conditions of any submittal submitted by a Respondent in response to the solicitation and shall constitute City's sole obligation with regard to maintaining confidentiality of any document, material, or information submitted to the City.

1.12 PROHIBITED COMMUNICATIONS

The Purchasing Agent/Procurement Officer identified in Section 1.2 of this RFQ is the sole point of contact regarding this solicitation. Respondents to this solicitation or persons acting on their behalf may not contact, any city commissioner, his or her staff or any evaluation committee members (evaluators) concerning any aspect of this solicitation, between the release of the solicitation until the City Commission or authorized designee awards or approves a contract, rejects all responses, or otherwise takes action which ends the solicitation process. Violation of this provision shall result in disqualification of Respondent’s qualifications submission, termination of any resulting contract and suspension or debarment.

1.13 TERMINATION

1.13.1 If the Consultant fails to fulfill any of its obligations under the Contract, or otherwise, through no fault of the City, such failure shall be considered a default and shall entitle, but not obligate, the City to suspend performance under or to terminate the Contract, in whole or in part, at the City's discretion, if the Consultant fails to cure such default within thirty (30) days after receipt of a written notice thereof from the City. Furthermore, the City shall have the right to terminate the Contract, in whole or in part, without the Consultant being in default thereunder. Termination shall be effected by delivery to the Consultant of a written notice specifying whether termination is for the default of the Consultant or for the City's convenience, the extent to which services under the Contract are to be terminated, and the date upon which such termination becomes effective. After receipt of such written notice, and except as otherwise directed in writing by the City, the Consultant shall promptly stop work under the Contract on the date and to the extent specified in the notice, terminate all subcontracts to the extent that they relate to the performance of services terminated by the notice, and complete performance of such services as shall not have been terminated by the notice.

1.13.2 In the event of termination for convenience, the City shall pay the Consultant (i) the full amount due for goods satisfactorily delivered and/or services satisfactorily rendered, (ii) approved costs and expenses incurred which remain unpaid at the time of such termination, and (iii) such other costs of termination, if any, as may be mutually agreed by the parties. The City shall have the right to set off against amounts otherwise owed the Consultant all amounts owed by the Consultant to the City under the Contract or otherwise.

1.14 INDEMNIFICATION

1.14.1 The Consultant shall indemnify and hold harmless the City, and its officials, officers, and employees, from and against all claims for infringement of any United States Patent and all other claims, damages, losses, and expenses (including without limitation costs of defending the same and attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods, or equipment) which is caused in whole or in part by any breach of contract, act, or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

1.14.2 In any and all claims against the City, or any of its agents or employees by any employee of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

1.15 CERTIFICATION OF DRUG-FREE WORKPLACE FORM

Respondents shall submit one (1) accurately completed Certification of Drug-Free Workplace Form with their Response certifying the Respondent has a drug-free workplace program. This document must be submitted with the Respondent’s Response. Failure to comply with this requirement may result in disqualification of Response.

1.16 COSTS INCURRED BY RESPONDENT

The City will NOT be responsible, under any circumstances, for any solicitation preparation costs or other costs incurred by any Respondent before execution of a contract between the City and the successful Respondent(s).

1.17 LATE SUBMISSION, MODIFICATION, AND WITHDRAWAL OF QUALIFICATIONS

1.17.1 Any qualifications submission received by our Procurement Office via Bonfire after the exact time specified for receipt will not be considered. If a vendor experiences any computer issues or system issues with Bonfire prior to the deadline, the vendor must contact Bonfire customer service for assistance so that the issue is documented. If it is determined by the Procurement

Services Office that a submission is late due to a Bonfire system issue or the City’s error after submission, Procurement Services will evaluate all circumstances involved to determine if the vendor’s submission can be accepted or not.

1.17.2 Modifications to any submitted Response may be made by or before the submission deadline date and time.

1.17.3 Qualification submittals may be withdrawn via Bonfire at any time before the deadline date and time for receipt of qualifications submittal. The withdrawal of a qualification’s submission will not prejudice the right of the vendor to participate on other current or future City solicitations.

1.17.4 If an emergency or unanticipated event interrupts normal City processes to cause postponement of the scheduled solicitation activities, the schedule of events will be amended as soon as possible. Procurement Services will provide a written notice to Respondents regarding the new schedule of events via addendum.

1.18 REVIEW AND APPROVAL OF CONTRACT STAFF

The City reserves the right to review for approval or denial the proposed key personnel and/or teams for their qualifications, experience, expertise prior to any job and may, at its discretion, accept or reject proposed staff for a specific task. The City also reserves the right the ability to request specific teams or individuals for specific tasks.

1.19 E-VERIFY

The Consultant, and its subcontractors, must register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees, pursuant to Section 448.095, Florida Statutes. Registration must take place prior to execution of the contract. If the Consultant enters into any agreement with a subcontractor for performance of services under the Contract, the subcontractor must provide an affidavit to the Consultant which states that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens. The Consultant is required to maintain a copy of such affidavit throughout the term of the Contract.

The Consultant agrees to adhere to the requirements of Section 448.095, Florida Statutes, and understands that failure to comply with the statute will result in termination of the contract. If such termination occurs, the Consultant will not be awarded another City contract for at least one (1) year from the date of contract termination and will be liable for any additional costs incurred by the City as result of the contract termination.

1.20 CONFLICT OF INTEREST

The Respondent represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in section 112.311, Florida Statutes. The Respondent further represents that no person having any interest shall be employed for said performance.

The Respondent shall promptly notify the City of Tallahassee Procurement Office in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the Respondent’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Respondent may undertake and request an opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Respondent.

The City agrees to notify the Respondent of its opinion by certified mail within thirty (30) days of receipt of the notification by the Respondent. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Respondent, the City shall so state in the notification and the Respondent shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City by the Respondent under the terms of the Contract.

1.21 AVAILABILITY OF FUNDS

The City’s projects performed under the resulting Contract are contingent upon an annual appropriation for its purpose by the City Commission, and allocation of the Fiscal Year 2024 Safe Streets and Roads for All Grant funding by the Federal Highway Administration. Project funds are subject to the terms of the Grant Agreement, .

1.22 SEVERABILITY

If any term or provision of this solicitation and subsequent contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this solicitation and subsequent Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this solicitation and subsequent Contract shall be deemed valid and enforceable to the extent permitted by law.

1.23 REMEDIES

This solicitation and subsequent Contract shall be governed by the laws of the State of Florida. Venue for any litigation involving this solicitation and subsequent contract shall be the Circuit Court in and for Leon County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or at equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

1.24 ENFORCEMENT COSTS

If any legal action or other proceeding is brought for the enforcement of this solicitation and subsequent Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this solicitation and subsequent Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled.

1.25 [Intentionally Omitted]

1.26 CONSULTANT QUESTIONS REGARDING CHAPTER 119, FLORIDA STATUTES

IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION

OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY

TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT,

CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

City Treasurer-Clerk (850) 891-8130 Mailing Address:

Tallahassee City Hall 300 S. Adams Street c/o Records Division, Box A-31 Tallahassee, FL 32301

1.27 SCRUTINIZED COMPANY LIST

In executing a resulting contract, Consultant certifies that it 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, created pursuant to section 215.473, Florida Statutes. Pursuant to subsection 287.135(5), F.S., Consultant agrees the City may immediately terminate the Contract for cause if the Consultant is found to have submitted a false certification or if Consultant is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract.

1.28 PREPARATION OF QUALIFICATIONS

1.28.1 The Respondent’s authorized agent shall sign any document in which a signature is required.

Qualifications submittal signed by an agent shall be accompanied by evidence of that agent’s authority.

1.28.2 Unless otherwise specified in this solicitation, Respondents shall also specify a definite time for performance of services. Time, if stated as a number of days, shall be “calendar days”.

1.28.3 Qualifications for services other than those specified shall not be considered unless authorized by the solicitation.

1.28.4 Respondents shall thoroughly examine all statement of work/specifications, schedules, drawings, instructions, other documents and attachments, and references included or cited in this solicitation. Failure to do so will not constitute grounds for withdrawal of a response after the response opening, for refusal to execute a contract if awarded by the City, or for a claim for equitable or other relief after execution of a contract.

1.29 REQUEST FOR COPY OF SUBMITTED QUALIFICATIONS SUBMITTAL

Qualifications submittal received by the City of Tallahassee pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State of Florida Constitution until such time as the City provides notice of an intended decision or until 30 days after opening the qualifications submittal whichever is earlier. If the City rejects all qualification submittals submitted in response to a competitive solicitation and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected qualifications, proposals, or replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the City provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A qualification submission is not exempt for longer than 12 months after the initial City notice rejecting all qualifications submittal.

1.30 APPROVAL OF RESULTANT CONTRACT

The Contract, which may result from this solicitation, is subject to City Commission approval and the terms of the Grant Agreement and shall not be executed until so authorized.

1.31 SUPPLIER PORTAL

a. As part of the City of Tallahassee’s paperless initiative, The City has launched a self-service business portal for vendors performing services on behalf of the City or providing commodities to the City. The Supplier Portal gives vendors the power to update contact information, manage direct deposit banking information for faster payment, review past transaction history with the City and monitor pending purchase orders or invoices.

b. As part of the registration process, the City sends awarded vendor(s) an electronic invitation to register as a supplier on the Supplier Portal after the protest period ends.

The responsibility for maintenance of the vendor information on the Supplier Portal resides with the vendor and not the City.

http://www.flsenate.gov/Laws/Statutes/2011/119.07 http://www.flsenate.gov/Laws/Statutes/2011/119.07

c. Failure to complete the online registration or to maintain current vendor information in the

Supplier Portal may impact receipt of purchase orders as well as payment.

For questions or concerns about the Supplier Portal, contact the assigned purchasing agent or send an email to suppliers@talgov.com.

1.32 FEDERAL PROVISIONS

1.32.1 This solicitation and resulting Contract are subject to the terms and conditions of the Grant Agreement, the Grant Agreement General Terms, and the Grant Agreement Exhibits, and the requirements of 2 CFR Part 200.

1.32.2 A list of applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds subject to the Grant Agreement, as provided by the U.S. Department of Transportation, are provided in Attachments D and E of this solicitation.

1.32.3 For any solicitation that involves, receives or utilizes Federal funding, the terms and conditions listed within Appendix II to Part 200, Title 2 of the Code of…