PLB RFSQ-112-26-RR FINAL.pdf

REQUEST FOR SUPPLIER QUALIFICATIONS (RFSQ)

RFSQ-112-26-RR

Passenger Loading Bridge Replacement

Release date: August 27, 2026

Procurement Agent:

ReGina Register

TABLE OF CONTENTS

SECTION DESCRIPTION

1.0 Notices/Instructions to Respondents

1.1 Introduction

1.2 Solicitation Contact Information

1.3 Submittal Response Requirements

1.4 Disadvantaged Business Enterprise Participation

1.5 Local Vendor Affidavit

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 Contractors

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

1.26 Contractor 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 Identification of Hazardous Materials

1.31 Approval of Resultant Contract

1.32 1.33

Supplier Portal Federal Provisions

FAA ITEM P-620 - RUNWAY AND TAXIWAY MARKING

SECTION 1.0 NOTICES / INSTRUCTIONS TO RESPONDENTS

1.1 INTRODUCTION

On behalf of the City of Tallahassee (herein may be referred to “City” or “COT”), Florida, the Procurement Services Office is requesting written Statement of Qualifications (SOQ) from multiple firms to provide Services in support of this request

(a) “Statement of Qualifications”, as used in this RFQual, means any qualification information/documents requested by the City in response to this RFQual.

(b) Contractors shall submit all required SOQ information and documents in accordance with all the instructions contained in this RFQual.

(c) There is no intent to limit the content of the SOQ information requested. Additional information deemed appropriate by the contractor should be included.

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

(e) The contractor's authorized agent shall print or type his/her name and sign the submittal documents. The person signing the documents must initial erasures or other changes. SOQs signed by an agent of the contractor shall be accompanied by evidence of that agent's authority.

1.1.1 DESIGN-BUILD PROCUREMENT

This solicitation is a qualifications-based procurement for Design-Build services.

The City intends to procure the design and construction services identified herein through a single Design-Build Team consisting of the entities responsible for design, engineering, equipment manufacture, installation, construction, testing, commissioning, and related services, as applicable to the project.

The Design-Build Team shall be responsible for coordinating and integrating the design and construction components necessary to provide a complete, operational, code-compliant, and accepted Passenger Loading Bridge installation.

The City reserves the right to establish one or more Design-Build agreements, issue project-specific scopes, and negotiate project-specific compensation in accordance with the procurement method established by the City.

1.2 SOLICITATION CONTACT INFORMATION

Purchasing Agent:

ReGina Register @ regina.register@talgov.com 850/891-8433 300 S. Adams Street Tallahassee, FL 32301 mailto:regina.register@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 Euna (formerly Bonfire) at https://talgov.bonfirehub.com. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum.

The specific Agent / Solicitation Contact information for this solicitation is provided in Euna.

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 in the format requested. Failure to provide this information in required format 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 EUNA PROCUREMENT PORTAL (formerly 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 EUNA for the City opportunities. Respondents are strongly encouraged to read the various vendor Guides and Tutorials available in EUNA well in advance of their intention of submitting a response to ensure familiarity with the use of EUNA.

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

EUNA.

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

1.3.5 PRE-BID CONFERENCE AND / OR SITE VISIT (MANDATORY)

1.3.5.1 All interested prime Respondents attending the above-required 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 the above- required 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. No attendance at a mandatory event shall be grounds for deeming the vendor not responsive.

https://talgov.bonfirehub.com/ 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

1.3.7 ISSUANCE OF ADDENDA

1.3.7.1 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.

1.3.7.2 Respondent shall accept the Addendum in the Euna Portal.

1.3.7.3 The Respondent shall acknowledge receipt of each addendum or as a whole to this solicitation using the Euna Portal

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

1.4 DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL ZERO PERCENT (0%)

FOR THIS PROJECT

Pursuant to the U.S. Department of Transportation’s (DOT) Interim Final Rule (“IFR”) issued on October 3, 2025, and accompanying DOT guidance, the City is temporarily pausing the establishment of DBE/ACDBE contract goals for procurements under this program. Accordingly, no DBE percentage goal is being set for the resulting contract, and Respondents are not required to meet the DBE participation targets that may otherwise be reflected in their proposals, subject to further guidance from DOT.

For informational purposes only, Respondent(s) seeking general information or guidance regarding the Disadvantaged Business Enterprise (DBE) program and any updates thereto may contact the City’s local DBE Liaison Officer (“DBELO”), LaTanya Raffington of the Minority, Women & Small Business Enterprise (“MWSBE”) Division at Lraffington@oevforbusiness.org or Shanea Wilks of the MWSBE Division at Swilks@oevforbusiness.org.

1.5 LOCAL VENDOR PREFERENCE

Reserved.

1.6 CONTRACT AWARD

1.6.1 The contract shall be awarded to the responsible and responsive firm whose Response is determined in writing to be the most advantageous to the City, taking into consideration all criteria set forth in this RFSQ.

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

1.6.3 The City reserves the right to award to one or more qualified firms for same service areas to be rendered on an as-needed basis, whatever serves the best interest of the City.

1.6.4 The selected firm(s) will be required to assume responsibility for all services offered in the SOQual. The City will consider the selected firm(s) to be the sole point mailto:Lraffington@oevforbusiness.org mailto:Swilks@oevforbusiness.org of contact with regard to contractual matters, including payment of any or all charges for their contract.

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

1.6.6 After the Intent to Award has been successfully posted the City will enter into negotiations with the successful firms.

1.6.7 The City may cancel this contract due to default. Contractors 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.

1.6.8 NOTICE: This Contract and subsequent purchase orders are intended to comply with federal competitive selection and contractual requirements, including the requirements of 2 C.F.R. §§ 200.31-.326.

1.7 PURPOSE AND EFFECT OF QUALIFICATION

This RFSQ is intended to identify and qualify responsible and qualified Design-Build Firms capable of providing the services described in this solicitation.

No price, cost, fee, or other compensation shall be requested, evaluated, scored, or considered as part of the evaluation of Responses to this RFSQ.

Qualification under this RFSQ does not constitute an award of a construction contract or authorization to commence Design-Build Services.

Qualification does not guarantee that the City will issue a project, purchase order, task order, notice to proceed, or other authorization to a qualified Design-Build Firm.

When the City determines to proceed with a specific Passenger Loading Bridge project, the City may establish the applicable project scope, design requirements, schedule, compensation, and other contractual requirements through a subsequent procurement or contracting process authorized by applicable City policies, procedures, and law.

Nothing in this RFSQ shall be construed to require the City to purchase any minimum quantity of Design-Build Services or to enter into a contract with any Respondent.

1.8 RIGHT OF REJECTION

1.8.1 The City reserves the right to reject any or all qualifications submitted in whole or in part, with or without cause, to waive any informality, 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.

1.8.2 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:

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

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

1.8.2.3 Evidence of collusion among Respondents.

1.8.2.4 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.

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

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

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

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

1.8.2.9 Failure to meet contract qualifications or specifications.

1.9 GENERAL TERMS AND CONDITIONS

1.9.1 EQUAL OPPORTUNITY AGREEMENT

1.9.1.1 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.

1.9.1.2 By submitting a qualifications submission, the Respondent agrees – --

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

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

1.9.1.3 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

1.9.2 CONTRACTOR’S CONFLICT OF INTEREST

The Contractor shall promptly notify the City of Tallahassee Procurement Services 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 Contractor’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 Contractor 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 Contractor.

The City agrees to notify the Contractor of its opinion by certified mail within thirty

(30) days of receipt of the notification. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the City shall so state in the notification and the Contractor 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 Contractor.

1.9.3 PUBLIC ENTITY CRIMES

As required by subparagraph 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.

1.9.4 PAYMENT

1.9.4.1 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 Florida Statute 218.70.

1.9.4.2 Withholding Payment

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

1.9.4.3 Payment

The City shall pay the Contractor, either by government credit card or upon the submission of proper invoices or contract pay requests, the prices stipulated in the resulting contract, less any deductions.

1.9.4.4 Discounts for Prompt Payment

Discounts for prompt payment will not be considered in the evaluation of qualifications submission. However, any offered discount will form a part of the award and will be taken if payment is made within the discount period indicated by the Respondent in the proposed contract.

If a prompt payment discount is offered, the discount period shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the discount period shall be calculated from the date the Accounts Payable Office receives a proper invoice, provided the Accounts Payable Office annotates such invoice with the date of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, if authorized, the specified payment date. When the discount period ends on a Saturday, Sunday, or City observed holiday, such period shall be deemed extended until the following business day.

1.9.5 INSURANCE REQUIREMENTS

Prior to commencing work, the Contractor shall procure and maintain at Contractor’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 Contractor, his agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in Contractor's qualifications submittal.

1.9.5.1 Contractor shall maintain limits no less than:

Commercial General/Umbrella Liability Insurance - $3,000,000 limit per occurrence for property damage and bodily injury. The service provider should indicate in its Response whether the coverage is provided on a claims-made or preferably on an occurrence basis. The insurance shall include coverage for the following:

1.9.5.1.1 Premise/Operations

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

1.9.5.1.3 Products/Completed Operations

1.9.5.1.4 Contractual

1.9.5.1.5 Independent Contractors

1.9.5.1.6 Broad Form Property Damage

1.9.5.1.7 Personal Injury

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

1.9.5.1.8 Owned/Leased Autos

1.9.5.1.9 Non-owned Autos

1.9.5.1.10 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 Contractor 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).

1.9.5.2 Other Insurance Provisions

1.9.5.2.1 Commercial General Liability and Automobile Liability Coverage

1.9.5.2.2 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 Contractor; products and completed operations of the Contractor;

premises owned, leased or used by the Contractor or premises on which Contractor 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.

1.9.5.2.3 The Contractor'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 Contractor's insurance and shall not contribute with it.

1.9.5.2.4 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.

1.9.5.2.5 Coverage shall state that Contractor'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.

1.9.5.3 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 Contractor in the performance of services under this Agreement.

1.9.5.4 All Coverage

1.9.5.4.1 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.

1.9.5.4.2 If Contractor, 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 Contractor resulting from said breach.

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

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

1.9.5.5 Deductibles and Self-Insured Retention

Any deductibles or self-insured retentions 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 Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses.

1.9.5.6 Acceptability of Insurers

Insurance is to be placed with Florida admitted insurers rated B+X or better by A.M. Best's rating service.

1.9.5.7 Verification of Coverage

Contractor 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.

1.9.5.8 Subcontractors

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

1.9.5.9 LIQUIDATED DAMAGES

(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 liquidated damages, the minimum sum of $100.00 for each calendar day of delay, not to exceed $1500.00 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 liquidated damages accruing until the time the City may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

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

1.9.5.10 FINANCIAL CONSEQUENCES OF NON-PERFORMANCE

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

If the Contractor fails to remedy the performance deficiencies, the Contractor may be assessed a non-performance retainage equivalent to 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 Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

1.10 INDEMNIFICATION

1.10.1 The Contractor 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 Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

1.10.2 In any and all claims against the City, or any of its agents or employees by any employee of the Contractor, 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 Contractor or any subcontractor under any Workers’ Compensation Act, Disability Benefit Act, or other Employee Benefit Act.

1.11 TERMINATION

1.11.1 Termination for Default

Under a resultant contract from this RFP, if the contractor fails to fulfill any of the terms and conditions, through no fault of the City, such failure shall be considered a default and shall entitle, but not obligate, the City to suspend or terminate the contract, in whole or in part, at the City's discretion, if the Respondent fails to cure such default within 30 days after receipt of a written notice from the City.

1.11.2 Termination for Convenience

The City shall have the right to terminate a resultant contract, in whole or in part, without the contractor being in default thereunder.

1.11.3 Termination Notice and Payment

The contractor will receive 10 days written notice specifying whether termination is for the default or for the City’s convenience. Termination shall be affected by delivery to the contractor of a written notice specifying whether termination is for the default or for convenience, the extent to which services under this Contract are to be terminated, and the date upon which such termination becomes effective. The After receipt of such written notice, and except as otherwise directed in writing by the City, the Respondent 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. The contractor shall be compensated for its services rendered up to the time of any such termination. Upon submittal to the City of proper detailed invoices for goods or services rendered in accordance with the resultant contract and purchase order, if any, up to the date of the termination, the City will pay the contractor for all satisfactorily rendered services, satisfactorily delivered goods, and any approved costs and expenses incurred which remain unpaid up until the termination date.

1.11.4 Financial Consequences of Non-Performance

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

If the Contractor fails to meet the minimum level of service or performance identified, the City will be injured as a result thereof. If the requirements are not timely and satisfactorily performed, the Contractor shall be subject to one or more of the financial consequences listed. The contract manager shall periodically review the progress made on the activities and deliverables. If the Contractor fails to meet and comply with the activities/deliverables established or to make appropriate progress and they are not resolved within two weeks of a written request for correction; the contract manager may approve: 1) withholding of payment proportionate to the deficient service or performance until the deficiency is cured,

(2) request the contractor redo or otherwise cure the work, or (3) a reduced payment by the rate established under this contract proportionate to the deficient service or performance.

The contract manager must assess one or more of the financial consequences based on the severity of the failure to perform and the impact of such failure on the ability of the contract to meet the timely and desired results. These financial consequences shall not be considered penalties. The City, at its sole discretion, may offer the Contractor an extension for any listed tasks, timelines, or deliverables during which the indicated financial consequences shall not apply. Notification of any extension shall be provided to the Contractor in writing. If financial consequences are imposed and due, the City may offset the financial consequences from the next invoice or from the final retained payment or require separate payment. Any payment made in reliance on the Contractor's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an over payment.

1.12 SELECTION PROCESS/AWARD

The Evaluation Committee will review and score all responsive and responsible qualification submittals received by the due date/time. The City reserves the right to shortlist the highest ranked firm(s), if deemed necessary.

The Evaluation Committee may request to receive presentations/conduct interviews of the shortlisted firms and will establish ratings for each firm in accordance with the scoring criteria established for this project. The Committee reserves the right to make a single award or multiple awards. Recommendation will be submitted to the City Commission for approval.

1.13 CONFIDENTIALITY

1.12.1 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.

1.13.2 By submitting a Response 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. Note, the City does not consider cost bids to be proprietary and this information will be made public.

1.13.3 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 bid 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.

1.14 PROHIBITED COMMUNICATIONS

The Purchasing Agent/Procurement Officer identified in Section 1.2 and the solicitation contact section 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.

1.15 GRIEVANCE PROCEDURES

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

i Protest of Specifications or Proceedings Prior to an Opening

Any actual or prospective Respondent, or contractor, 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.

1.15.2 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.

1.15.3 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.

1.15.4 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.

1.15.5 Stay of Procurement During Bid Protest

In the event protest is filed in accordance with the bid 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.

1.16 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.

1.17 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).

1.18 LATE SUBMISSION, MODIFICATION, AND WITHDRAWAL OF QUALIFICATIONS

1.18.1 Any qualifications submission received by our Procurement Services Office via the Euna Portal after the exact time specified for receipt will not be considered. If a Respondent experiences any computer issues or system issues with Euna prior to the deadline, the Respondent must contact Euna 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 Euna system issue or the City mishandlings after submission, Procurement Services will evaluation all circumstances involved to determine if the Respondent’s submission can be accepted or not.

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

1.18.3 Qualification submittal may be withdrawn via Euna 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 contractor to participate on other current or future City solicitations.

1.18.4 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.

1.19 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 and the ability to request specific teams or individuals for specific tasks.

1.20 E-VERIFY

The Contractor, 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 this contract. If the Contractor enters into any agreement with a subcontractor for performance of services under this contract, the subcontractor must provide an affidavit to the Contractor which states that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens. The Contractor is required to maintain a copy of such affidavit throughout the term of this contract.

The Contractor 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 Contractor 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.

1.21 CONFLICT OF INTEREST

By submitting an SOQ to this RFSQ, 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 proposer further represents that no person having any interest shall be employed for said performance.

1.22 AVAILABILITY OF FUNDS

The City’s projects performed under the resulting Contract are contingent upon an annual appropriation for its purpose by the Board, or other specified funding source for this procurement.

1.23 SEVERABILITY

If a court deems any non-material provision of the RFSQ or a resultant Contract void or unenforceable, all other provisions will remain in full force and effect. Upon a determination that any material provision is void or unenforceable, the parties shall negotiate in good faith to modify any resultant Contract to give effect to the original intent of the parties as closely as possible in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

1.24 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.

1.25 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.

1.26 PURCHASES BY OTHER PUBLIC AGENCIES

With the consent and agreement of the successful Respondent(s), purchases may be made under this procurement by other governmental agencies or political subdivisions within the state of Florida. Such purchases shall be governed by the same terms and conditions stated herein. The resulting agreement in no way restricts or interferes with the right of any Florida State or political subdivision or other public entity to bid any or all of these items independently.

1.27 CONTRACTOR QUESTIONS REGARDING CHAPTER 119, FLORIDA STATUTES

IF THE 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 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

1.28 SCRUTINIZED COMPANY LIST

Before the Respondent enters into or renews a contract, Contractor must certify that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List and that it does not have business operations in Cuba or Syria, created pursuant to section 215.473, Florida Statutes. At the time the Respondent submits a bid or proposal for a contract or before the Contractor enters into or renews a contract with the City for goods or services of any amount, the Contractor must certify that the Contractor is not participating in a boycott of Israel.