_RFQ_Greenways_Blueways_Bikeways_Master_Plan_Revision_FINAL_9.12.22.pdf

City of Murfreesboro

REQUEST FOR QUALIFICATIONS (RFQ)

FOR

CONSULTANT FOR PLANNING AND DESIGN

UPDATES TO EXISTING

GREENWAYS, BLUEWAYS, & BIKEWAYS

MASTER PLAN

ISSUE DATE: SEPTEMBER 13, 2022

RESPONSE DUE DATE: SEPTEMBER 28, 2022

1) Introduction The City of Murfreesboro, Tennessee, an Equal Opportunity, Affirmative Action Employer, seeks to retain the services of a professional consulting firm to provide services related to updating the existing Parks and Recreation Greenways, Blueways, and Bikeways Master Plan. The existing plan was published in August of 2013, and the City would like to revise and update this Plan.

The City intends to establish a qualified vendor list of independent consulting firms who are licensed to practice in the State of Tennessee to submit proposals for these services.

The Request for Qualifications method is appropriate when qualifications and experience are of particular importance and price is not considered as one of the major factors used to determine the best service provider. This method requires each participant to submit a proposal based on certain specified elements with knowledge of the factors used to evaluate the proposal and their relative weight. Those interested in participating in the selection process are afforded the opportunity to pose questions in writing about the RFQ and services sought before submitting a proposal. The City will select a responsible and responsive propser whose proposal is determined to be most advantageous to the City taking into consideration the evaluation factors.

2) Schedule

2.1 Schedule Deadlines and Requirements

The City intends to adhere to the schedule provided for the selection process. Dates may be adjusted by City as needed.

No proposals will be accepted after September 28, 2022 at 2:00 P.M. Central Standard Time

The City is accepting only electronic submission for this RFQ. Respondent must create a free account with OpenGov, the City’s e-procurement portal, by signing up at:

https://procurement.opengov.com/murfreesborotn. All proposals received by the deadline will be opened via Zoom on September 28, 2022 at 2:00 P.M. CST in the Purchasing Department. All registered Respondent will be sent a Zoom link via email.

Activity Target Date

RFQ Issued September 13, 2022 Submittal of questions September 21, 2022 Answers to questions September 21, 2022 Proposals submitted September 28, 2022 Finalist Presentations if applicable TBD Select Top Respondent TBD City Council action TBD

2.2 Finalist Selection

The City may select two or more Respondents from the RFQ responses to further evaluate as semi-finalists. The finalist will be selected based on all of the evaluation criteria so that the City obtains the best professional services for an appropriate fee.

https://procurement.opengov.com/murfreesborotn.

3) Contact Information The City is accepting only electronic bid submissions. Bidders must create a free account with OpenGov by signing up at https://secure.procurenow.com/signup.

Any inquiries, questions, or requests for explanation in regard to the City requirements must be received no later than September 21, 2022 by 2:00 p.m. CST via OpenGov. No oral interpretation or clarifications will be given as to the meaning of any part of the Request for Qualifications documents. Prospective Respondents desiring further information or interpretations must make requests in writing through the Question/Answer Tab via the City's e-Procurement portal, OpenGov, on or before September 21, 2022 by 2:00 p.m. CST. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly.

All questions submitted and answers provided shall be electronically distributed to all who are on record as following this solicitation on the City's e-procurement portal. Answers to all inquiries or requests involving substantive matters will be provided in addendum form. Any addenda shall be posted on OpenGov. Addenda notifications will be emailed to all persons on record as following this RFQ. Failure of any Respondent to receive any such addenda or interpretation shall not relieve such Respondent from any obligation under their proposal as submitted. All addenda so issued shall become part of the contract documents.

4) Background In 2013, the City of Murfreesboro adopted it’s current Greenways, Blueways, & Bikeways Master Plan. The combination of unprecedented growth Murfreesboro has experienced in the last 10 years and the City’s continued desire to provide excellent opportunities for recreation and transportation outlets for the City’s current and future residents has prompted the need for this revision of the Master Plan. Firms submitting qualifications should demonstrate experience with other plans of this scale and nature.

5) Services Requested/Specifications

5.1 Scope of Services Required

The City of Murfreesboro (“Owner”) is seeking proposals from qualified firms, (“Consultant”) to provide the planning services for updating and revising the current Master Plan. Within this revision, the City wishes to identify the strategies and performance measures that will guide the planning, funding and implementation of future projects.

The selected Consultant will submit a proposal that will enhance the existing plan with innovative design concepts and provide for future improvements. The selected firm’s revision would include preliminary cost estimates for further engineering, project administration, and future construction.

Respondent should become familiar with the current Greenways, Blueways, & Bikeways Master plan:

http://www.murfreesborotn.gov/610/Master-Plan-Greenways-Blueways-Bikeways as well as the 2040 Transportation Plan:

https://www.murfreesborotn.gov/1398/2040-Major-Transportation-Plan

5.2 Estimated Time of Performance

The estimated time of performance is November 1, 2022 – May 31, 2023.

http://www.murfreesborotn.gov/610/Master-Plan-Greenways-Blueways-Bikeways https://www.murfreesborotn.gov/1398/2040-Major-Transportation-Plan

5.3 Delivery of Request for Qualifications (RFQ)

When: RFQ must be submitted by 2:00 p.m., local time, September 28, 2022

Where: RFQ must be submitted electronically and uploaded via OpenGov at:

https://procurement.opengov.com/murfreesborotn

How: RFQ must be clearly marked “Request for Qualifications for City of

Murfreesboro’s Revised Greenways, Blueways, & Bikeways Master Plan,” and uploaded to OpenGov.

An RFQ sent by mail, fax, e-mail or other means will not be accepted.

Each RFQ must be 15 pages or less.

5.4 Consultant Selection Procedure

The City of Murfreesboro has appointed a five-person committee which will select a firm for this project based on competitive negotiations. Proposals with no more than 15 pages, submitted by the deadline established herein, will be evaluated by the committee in accordance with the following factors, each of which will carry a designated percentage weight (see Section 8):

1. Past experience in the type of requested services (25%)

2. Credentials, staff qualifications, and availability (25%)

3. Method of Project approach and reporting (25%)

4. Amount of current work under contract with other municipalities or government agencies for similar services (15%)

5. Project Schedule-will be evaluated as to the proposed timeline in meeting the City’s time frame (10%)

Following the submittal, the Committee will rank each factor on a scale of 1-5 (5-most qualified;

1-least qualified) point system. Rankings for each of the evaluation factors will be totaled and an overall most qualified firm, second most qualified, etc., will be identified (See sample “Consultant Selection Evaluation Sheet” attached).

The top three (3) firms may be invited to make an in-person oral presentation or may be requested to be available for telephone interviews with the selection committee.

The City desires a professional services contract with a not-to-exceed fee for the required services.

However, the firm selected as the overall most qualified may be expected to negotiate the fees for services with the City of Murfreesboro before entering into a formal contract. If reasonable negotiations fail with the most qualified firm, then the City of Murfreesboro will negotiate with the second most qualified firm. If agreement cannot be reached with the second firm, the same procedure will be followed with the third, etc., until a satisfactory agreement has been reached.

Once negotiations have been terminated with any firm, that firm will not be contacted further relative to this project.

https://procurement.opengov.com/murfreesborotn

The City of Murfreesboro reserves the right to waive any informality in the submitted Proposals, reject any Proposals, or re-advertise for additional Proposals.

All Respondents are responsible for costs associated with the preparation of materials in response to this RFQ. The City of Murfreesboro assumes no responsibility for such costs.

Per 2 CFR 200.319, all procurement transactions must be conducted in a manner providing full and open competition.

5.5 Federal Requirements/Assurance

The City of Murfreesboro’s purchasing procedures are governed by the State of Tennessee, the City of Murfreesboro, and various Federal laws, executive orders, and regulations. These require, among other things, that purchases (including purchases for fixed assets, materials and supplies, construction, and/or services) utilizing federal grant funds be made according to approved plans and specifications including the Federal Uniform Guidance rules found at 2 CFR Section 200.

5.5.1 Civil Rights Requirements.

a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 USC §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 12132, Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability.

b. Equal Employment Opportunity. Race, Color, Creed, National Origin, Sex – In accordance with Title VII of the Civil Rights Act, as amended, 42 USC §2000e, awarded Respondent shall comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No.

11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 USC §2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the awarded Contract. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:

employment; upgrading demotion or transfer, recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

c. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, Contractor shall refrain from discrimination against present and prospective employees for reason of age.

d. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, Contractor shall comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.

5.5.2 Government-Wide Debarment and Suspension.

a. The awarded Respondent shall comply and facilitate compliance withthe U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR Part 180.

The Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by an Federal department or agency to be:

1. Debarred from participation in any federally assisted Award;

2. Suspended from participation in any federally assisted Award;

3. Proposed for debarment from participation in any federally assisted Award;

4. Declared ineligible to participate in any federally assisted Award;

5. Voluntarily excluded from participation in any federally assisted Award; or

6. Disqualified from participation in any federally assisted Award.

b. By signing submitting a Proposal, Respondent certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. If it is later determined by the City that the bidder or Respondent knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 CFR Part 180, Subpart C throughout the period of the awarded Agreement.

Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

5.6 Additional Information

For additional information, please contact:

City of Murfreesboro Purchasing Department

111 West Vine Street, Murfreesboro, TN 37130 Email: purchasing@murfreesborotn.gov

Telephone 629-201-6312

6) City Terms and Conditions

It is important for each Respondent to become familiar with each paragraph within this section, as these paragraphs will prevail in the event of any discrepancies or differences between project-related or contractual documents.

The Respondent must clearly and specifically detail all exceptions to the Terms and Conditions imposed in this section in the transmittal letter that will accompany its RFQ response.

6.1 Standards

Respondent must affirm that under its employment policies, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to the individual’s race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities.

It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, or disability in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this contract, Respondent will be required to certify and warrant that it will comply with this policy.

Respondent further acknowledges that the City is a federal government contractor, and that by virtue of any contract awarded pursuant to this RFQ, Respondent will be a federal government subcontractor. Therefore, in accordance with federal law, Respondent specifically acknowledges and agrees as follows:

mailto:purchasing@murfreesborotn.gov

a. The City and Respondent shall abide by the requirements of 41 CFR 60-1.4(a). This regulation prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires federal government contractor and subcontractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

b. The City and Respondent shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

c. The City and Respondent shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

Respondent understands that it shall be a breach of City’s ethical standards policies for any person to offer, give, or agree to give to any City employee or former employee, or for any City employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, evaluation, recommendation, preparation of any part of a requirement or request, influencing the content of this RFQ, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to this RFQ or any contract or subcontract resulting therefrom.

A breach of these ethical standards may result in civil and/or criminal sanctions and/or debarment or suspension from being a contractor or subcontractor for any City contract.

6.2 Warranties

Respondent warrants it will perform the services in a professional manner according to the standards established in the industry for the type of work to be performed and as outlined in this

RFQ.

6.3 Indemnification

a. Respondent must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of any Agreement entered, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

b. Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Respondent from any claims arising from any failure, regardless of any language in any attachment or other document that Respondent may provide.

6.4 Terms for Payment

Payment for services delivered will be thirty (30) days from the date of the invoice.

6.5 Assignment

The successful Respondent shall not assign, transfer, convey, sublet or otherwise dispose of any contract award or any or all if its rights, title or interest therein, without prior written consent of the City. Such consent by the City shall not relieve the assignor of liability in the event of default by the assignee.

6.6 Insurance

The successful Respondent shall maintain at least the following commercial insurance policies for the duration of the Contract in the amounts specified:

Workers’ compensation and employer’s liability insurance – Workers’ compensation in compliance with the applicable State and Federal laws; employer’s liability with a limit of $1,000,000 per occurrence.

Comprehensive general liability insurance – insurance including blanket contractual, broad form property damage, completed operations, and independent contractor’s liability, all applicable to personal injury, bodily injury, and property damage to a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

Technology errors and omissions insurance with minimum coverage of $500,000 per claim.

Such insurance policy shall include, at a minimum, coverage for data breach, data loss, and expense reimbursement. In addition, Respondent must notify City if the insurance policy is renewed, cancelled, or altered in any manner and provide written documentation of such alteration.

Professional liability insurance with minimum coverage of $1,000,000 per occurrence.

The selected Respondent must provide City with the required insurance certificates and endorsements naming the City as an additional insured on the liability coverages prior to contract execution.

6.7 Scope of Insurance and Special Hazards

The insurance required under the preceding paragraphs shall provide adequate protection for the successful Respondent and any sub-contractors against damage claims that may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the successful Respondent.

6.8 Governing Law and Venue

The contract will be governed by the laws of the State of Tennessee. Venue for any action shall be in the applicable court for Rutherford County, Tennessee.

6.9 Compliance with Laws

The Respondent’s contract shall comply with applicable Federal, State, and local statutes, rules, and regulations. Respondent shall be approved by the appropriate regulatory authorities, if any, in the State of Tennessee to provide the services herein described.

7) Guidelines for this Request for Qualifications

7.1 Basis for Proposals

Only information supplied by the City in writing should be used in the preparation of a proposal.

Oral and other interpretations or clarifications shall not be binding. Respondent must acknowledge any subsequently issued addenda via OpenGov.

7.2 Respondent Terms and Conditions

The Respondent must submit a complete set of any additional terms and conditions that it proposes to have included in contract negotiations with the City with its proposal. City will not accept any contract term limiting Respondent’s liability to the amount of the contract.

Additionally, the Respondent must submit any and all documents/agreements City must sign with its proposal.

7.3 Disclosure of Proposals

As a matter of state law, each Respondent’s RFQ response in its entirety will become a public record after completion of the selection process. The content of any proposal will not be disclosed to other Respondent during the selection process.

7.4 Late Proposals

Proposals must be received via the procurement portal, OpenGov, on or before the published proposal due date and time. Any proposal received after the time and date set for receipt of proposals will be late and, at the discretion of City, may not be considered.

7.5 Signing of Proposals

The submission and signature of a proposal shall indicate the intention of the Respondent to adhere to the provisions described in this RFQ and therefore must be signed by a representative with the authority to do so.

7.6 Cost of Proposal

This RFQ does not commit the City to pay any costs incurred by any Respondent in preparation and/or submission of a proposal or for procuring or contracting for the items to be furnished under the RFQ. All costs directly or indirectly related to responding to this RFQ (including all costs incurred in supplementary documentation or on-site interviews) until contract execution will be borne by the Respondent.

7.7 Conflict of Interest, Non-Collusion and Anti-Lobbying

The Respondent promises that its officers, employees or agents will not attempt to lobby or influence a vote or recommendation related to the firm’s proposal, directly or indirectly, through any contact with City Council members or City employees between the release of this RFQ and award of contract by City and that there will be no collusion and no conflict of interest.

7.8 Ownership of Proposals

All documents submitted in response to this RFQ shall become the property of City.

7.9 Disqualification or Rejection of Proposals

Respondent may be disqualified for any of the following reasons:

• The Respondent’s proposal does not satisfy the technical, or service specifications set forth in this RFQ;

• There is reason to believe that collusion exists between or among two or more Respondent;

• The Respondent is in arrears on an existing City contract or has defaulted on a previous City contract;

• The Respondent lacks financial stability;

• The Respondent has failed to perform under a previous or current City contract;

• The Respondent has failed to adhere to one or more of the provisions established in this RFQ;

• The Respondent has failed to submit its proposal in the format specified herein;

• The Respondent has failed to submit its proposal on or before the deadline established herein; or

• The Respondent has failed to adhere to generally accepted ethical and professional principles during the proposal process.

7.10 Right to Waive Irregularities

Proposals shall be considered irregular if they show any omissions, alterations of form, additions, conditions not called for, or irregularities of any kind.

The City reserves the right to waive irregularities. The City also reserves the right to waive any mandatory requirement provided that all proposals failed to meet the same mandatory requirement, and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of City.

7.11 Withdrawal of Proposals

Proposals may be withdrawn through the City’s procurement portal, OpenGov. The responding firm may “unsubmit” their proposal in OpenGov. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time prior to the deadline for submitting proposals if received by the City prior to the exact hour and date specified for receipt of proposals.

7.12 Amendment of Proposals

A Respondent must submit any amended proposal before the deadline for receipt of proposals.

Such amended proposal must be a complete replacement of a previously submitted response and must be clearly identified as such in the transmittal letter. City will not merge, collate, or assemble proposal materials.

7.13 Proposal as Firm Offer

Responses to this RFQ will be considered firm for one hundred twenty (120) days after the due date for receipt of response. All proposals must include a statement to that effect.

7.14 Exceptions to RFQ Specifications

It is extremely important that the Respondent make very clear where exceptions are taken to the specifications and how the Respondent will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of City’s specifications must be clearly identified as such together with reasons for taking exception, and inserted into the proposal response. If the Respondent does not make clear that an exception is being taken, City will assume the proposal response is responding to and will meet the specification as written.

However, the City does not anticipate approving any exceptions to the specifications stated herein.

Where the Respondent does not agree with City’s terms and conditions, the proposal must enumerate the specific clauses that the Respondent wishes to amend or delete and suggest alternative wording. Any minimum terms that City will have to agree to in order to enter into a contract with the Respondent and any item the Respondent considers to be a mandatory term must be submitted with the RFQ response.

7.15 Consideration of Proposals

Discussions may be conducted with responsible Respondents for the purpose of clarification to assure full understanding of the proposal. In conducting discussions, there will be no disclosure of any information derived from proposals submitted by competing Respondents. Until the City awards the contract, it reserves the right to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered in the best interest of City.

7.16 Termination

The City reserves the right to cancel this RFQ at any time. City reserves the right to reject any or all proposals submitted in response to this RFQ.

7.17 Taxes

Respondent will be responsible for the payment of any applicable tax on the services it will provide. Respondent will include in its fee proposal all applicable local, City, state, and federal taxes.

7.18 Award of Contract

The City reserves the right to withhold final action on the RFQ for a reasonable time, not to exceed one hundred and twenty (120) days after the date of submitting proposals, and in no event will an award be made until further investigations have been made as to the responsibility of the proposed Respondent. The award of the contract, if an award is made, will be to the most responsible and responsive Respondent whose proposal meets the requirements and criteria set forth in the Request for Qualifications and whose contract terms are acceptable to City. City reserves the right to abandon, without obligation to the Respondent, any part of the project, or the entire project, at any time before the successful Respondent begins any work authorized by City.

The award of the contract shall not become effective until the contract has been executed by the successful Respondent and City.

7.19 Execution of Contract

The City shall authorize award of the contract to the successful Respondent. City will require the successful Respondent to sign the necessary documents entering into the required contract with City within ten (10) days of receipt and to provide the necessary evidence of insurance as required under the contract. A sample City contract is provided at the end of this RFQ.

No contract for this project may be signed by City without the authorization of the City Council.

No contract shall be binding on City until it has been approved as to form by the City Attorney, and approved and executed by the Mayor or designee.

7.20 Interviews and Presentations

If deemed necessary to fully understand and compare the Respondents’ capabilities, the City may request presentations by Respondents with possible subsequent interviews. Oral presentations may be time-limited. Presentations may include but not be limited to demonstrations of requested services or products.

7.21 Auditable Records

The successful Respondent must be prepared to maintain accounts and records in connection with its performance of services for City as reasonably required. The Respondent must afford City agents or auditors reasonable facilities and access for the examination and audit of its records pertaining to its performance. The records may be examined at any reasonable time during the term and for a period of three years following the completion of work under any contract. Upon request by the City, winning Respondent shall be able to produce and exhibit all such records as requested. Records must be available within an office environment located not more than a 45 minutes’ drive from the City’s local office or the reasonable expenses incurred to access the records must be borne by successful Respondent.

7.22 Miscellaneous

The City reserves the right to cancel this RFQ and contract under a separate process. The selected Respondent will be required to contract with the City and all contract terms are subject to negotiations after the selection is made. The City may contract with any other Respondent without renewing the RFQ in the event the City and selected Respondent are unable to mutually agree upon a contract for the desired services. Nothing herein may be taken as a commitment by the City upon which any Respondent may act in reliance. All costs incurred in preparing a response are to be borne solely by each Respondent.

7.23 Compliance With Iran Divestment Act

By submission of this proposal, each Respondent and each person signing on behalf of any Respondent certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each Respondent is not a person included within the list created pursuant to T.C.A. §12-12-106.

7.24 Non-Boycott of Israel

NOTE: All responses are subject to public disclosure in accordance with the Tennessee Public Records Law. In the event a Respondent desires to share proprietary or confidential information, arrangements must be made with the City prior to disclosure of that information to any person or agent of the City.

8) Criteria Used To Evaluate Proposals/Qualifications

The City will use a combination of objective and subjective criteria to determine each consultant’s suitability to perform this work. Evaluation criteria for the proposals are as follows:

Description % Past experience in the type of requested services 25%

Credentials, staff qualifications, and availability 25%

Method of Project approach and reporting 25%

Amount of work under contract with other municipalities or government agencies for similar services

15%

Project Schedule-proposed timeline in meeting the City’s time frame

10%

A selection committee will evaluate and rank the submitted Statement of Qualifications, containing no more than 15 pages, based on a weighted rating scale, from which negotiations leading to a formal contract will proceed.

9) RFQ Requirements and Format

Please use the following format to structure your RFQ response. Your response should include each section detailed below in the order presented. The detail represents the items that are to be covered in each section of your response. Failure to follow the directions or to address all items will impact the evaluation. Failure to address a significant portion of the items may classify the response as non-responsive and preclude it from further consideration. The number of pages in the RFQ response cannot exceed 15 pages. Appendices will not be counted as part of the 15-page limit. Resumes and marketing material may be included and will not be counted towards the 15-page limit; however this information must be in its own section at the end of the RFQ response.

Proposal

1) Respondent Profile: The Respondent will provide a description of its organization and any other firms who will be providing products or services through a subcontracting arrangement with the Respondent.

2) Qualifications: Respondent’s qualifications to perform the services requested that will also address the evaluative criteria.

3) Experience: Please describe your organization’s experience in providing similar services.

Identify and briefly describe any pending criminal or civil suits brought against the Respondent, or suits which have resulted in an adverse judgment or settlement within the past five (5) years, arising out of Respondent’s inability to complete similar services and projects.

4) References: Please provide references for at least three organizations for whom Respondent is providing or has provided similar services. Identify any public sector experience in Tennessee.

5) Key Personnel: Identify and provide a brief professional resume of the key personnel anticipated to be used to provide the services sought.

6) City’s responsibilities: Identify and briefly describe the role and responsibilities Respondent would expect City to perform in achieving delivery of the requested services.

Submittal

All Proposals should be uploaded via OpenGov. All Proposals must be received by 2:00 p.m.

local time, September 28, 2022.

Protest & Appeal Procedures Each Respondent shall be notified of the Respondent selected for recommendation to the City Council before the proposed City Council action. A protest by an aggrieved Respondent who is not selected will be heard by the City Council if filed with the City Council, through the City Recorder, within seven (7) days after the intended award is announced. Any issue raised by the protesting party after the seven-day period shall not be considered as part of the protest. The City Council may stay an award due to a pending protest without financial or other obligation to the Respondent recommended to the Council. The City Council may, by resolution, adopt rules and procedures applicable to protests.

Failure to comply with the above protest procedures will render a protest untimely and/or inadequate and shall result in its rejection.

Sample Agreement for Professional Consult ing Services

This Agreement is entered into and effective as of the ____ day of _______ 2022, by and between the City of Murfreesboro, a municipal corporation of the State of Tennessee (the "City"), and __________________, a ___________________ (“Contractor”).

This Agreement consists of the following documents:

⋅ This document ⋅ ___[Solicitation]__________________________ issued ________________ (the

“Solicitation”);

⋅ Contractor’s Proposal, dated ______________ (“Contractor’s Proposal”); and, ⋅ Any properly executed amendments to this Agreement.

In the event of conflicting provisions, all documents will be construed according to the following priorities:

⋅ First, any properly executed amendment or change order to this Agreement (most recent amendment or change order given first priority);

⋅ Second, this Agreement;

⋅ Third, the Solicitation; and ⋅ Lastly, Contractor’s Proposal.

1. Duties and Responsibilities of Contractor.

1.1 Contractor is engaged to ____________________________________.

1.2 In undertaking the work set forth herein, Contractor must to comply with all applicable federal, state, and local laws and regulations, including acquiring and maintaining in good standing all permits, licenses and other entitlements necessary to its performance under this Agreement. Contractor is solely responsible for any and all taxes imposed upon Contractor and acknowledges it cannot claim exemption from taxes by virtue of any municipal exemption from taxation.

2. Term.

2.1 The term of this Agreement commences on the Effective Date and expires on ______________, unless extended by mutual agreement of Contractor and the City or earlier terminated as set forth herein.

2.2. Termination. Contractor's services may be terminated in whole or in part:

a. Upon 30-day prior notice, for the convenience of the City.

b. For the convenience of Contractor, provided that Contractor notifies the City in writing of its intent to terminate under this paragraph at least 30 days prior to the effective date of the termination and surrenders all documentation relating to the services provided.

c. For cause, by either party where the other party fails in any material way to perform its obligations under this Agreement. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to remedy the problem within 15 days after receiving the notice.

d. Should Contractor fail to fulfill in a timely and proper manner its obligations under this Agreement or if it should violate any of the terms of this Agreement, the City has the right to immediately terminate the Agreement. Such termination does not relieve Contractor of any liability to the City for damages sustained by virtue of any breach by Contractor.

e. Should the appropriation for Contractor’s work be withdrawn or modified, the City has the right to terminate the Agreement immediately upon written notice to Contractor.

3. Compensation; Method of Payment. Contractor will be compensated upon the completion of tasks as outlined in the Proposal and upon the completion of a Task and submission of an invoice to the City at its address for Notices.

4. Work Product. Except as otherwise provided herein, all data, documents and materials produced by Contractor under this Agreement are the property of the City, which retains the exclusive right to publish, disclose, distribute and otherwise use, in whole or in part, any such data, documents or other materials. Any of the City’s property, including but not limited to books, records and equipment, that is in Contractor's possession must be maintained in good condition and repair and returned to the City by Contractor at the end of this Agreement

5. Insurance. During the term of this Agreement, Contractor must maintain comprehensive general liability insurance with limits of not less than $1,000,000, as well as automotive and workers’ compensation insurance policies. Contractor will provide to the City: (i) a standard certificate of insurance evidencing this coverage prior to commencement of work and upon renewal or expiration of the policies reflected thereupon, (ii) upon request, an endorsement naming the City as additional insured under the terms of the policy as follows: “The City of Murfreesboro, Tennessee, its officers, employees, contractors, consultants, and agents.”

6. Indemnification.

6.1 Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from any claims, penalties, damages, costs and attorney fees (“Expenses”) arising from injuries or damages resulting from, in part or in whole, the negligent or intentional acts or omissions of contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, in connection with the performance of this Agreement, and, Expenses arising from any failure of Contractor, its officers, employees and/or agents, including its subcontractors or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

6.2 Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

6.3 Copyright, Trademark, Service Mark, or Patent Infringement.

a. Contractor, at its own expense, is entitled to and has the duty to defend any suit which may be brought against the City to the extent that it is based on a claim that the products or services furnished infringe a copyright, Trademark, Service Mark, or patent. Contractor will indemnify, defend, and hold harmless the City against any award of damages and costs made against the City. The City will provide Contractor immediate notice in writing of the existence of such claim and full right and opportunity to conduct the defense thereof, together with all available information and reasonable cooperation, assistance and authority from the City in order to enable Contractor to do so. The City reserves the right to participate in the defense of any such action.

Contractor has the right to enter into negotiations for and the right to effect settlement or compromise of any such action provided (I) any amounts due to effectuate fully the settlement are immediate due and payable and paid by Contractor; (ii) no cost or expense whatsoever accrues to the City at any time; and (iii) such settlement or compromise is binding upon the City upon approval by the Murfreesboro City Council.

b. If the products or services furnished under this Agreement are likely to, or do become, the subject of such a claim of infringement, then without diminishing Contractor's obligation to satisfy the final award, Contractor may at its option and expense:

(1) Procure for the City the right to continue using the products or services.

(2) Replace or modify the alleged infringing products or services with other equally suitable products or services that are satisfactory to the City, so that they become non-infringing.

(3) Remove the products or discontinue the services and cancel any future charges pertaining thereto; provided however, Contractor will not exercise this option until Contractor and the City have determined that each of the other options are impractical.

c. Contractor has no liability to the City if any such infringement or claim thereof is based upon or arises out of the use of the products or services in combination with apparatus or devices not supplied or else approved by Contractor, the use of the products or services in a manner for which the products or services were neither designated nor contemplated, or the claimed infringement in which the City has any direct or indirect interest by license or otherwise, separate from that granted herein.

7. Notices. Notice of assignment of any rights to money due to Contractor under this Agreement must be mailed first class mail or hand delivered to the following:

If to the City of Murfreesboro:

City Manager City of Murfreesboro 111 West Vine Street Murfreesboro, TN 37130

If to Contractor:

8. Maintenance of Records. Contractor must maintain documentation for all charges against the City. The books, records, and documents of Contractor, insofar as they relate to work performed or money received under the Agreement, must be maintained for a period of three full years from the date of final payment and will be subject to audit, at any reasonable time and upon reasonable notice by the City or its duly appointed representatives. Accounting records must be maintained in accordance with the Generally Accepted Accounting Principles.

9. Modification. This Agreement may be modified only by written amendment executed by all parties and their signatories hereto.

10. Relationship of the Parties. Nothing herein may in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of principal and agent between or among any of the parties. None of the parties hereto may hold itself out in a manner contrary to the terms of this paragraph. No party becomes liable for any representation, act, or omission of any other party contrary to this section.

11. Waiver. No waiver of any provision of this Agreement affects the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.

12. Employment. Contractor may not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age, sex, veteran status, or any other status or class protected under federal or state law or which is in violation of applicable laws concerning the employment of individuals with disabilities.

13. Non-Discrimination.

13.1 It is the policy of the City not to discriminate on the basis of age, race, sex, color, national origin, veteran status, disability, or other status or class protected under federal or state law in its hiring and employment practices, or in admission to, access to, or operation of its programs, services, and activities. With regard to all aspects of this Agreement, Contractor certifies and warrants it will comply with this policy. No person may be excluded from participation in, be denied benefits of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in the City’s contracted programs or activities, on the grounds of handicap and/or disability, age, race, color, religion, sex, national origin, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor may they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with the City or in the employment practices of the City’s Contractors. Accordingly, all Respondent entering into contracts with the City may upon request be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

13.2 Contractor further acknowledges that the City is a federal government contractor, and that by virtue of this Contract, Contractor is a federal government subcontractor. Therefore, in accordance with federal law, Contractor specifically acknowledges and agrees as follows:

(a) The City and Contractor shall abide by the requirements of 41 CFR 60- 1.4(a). This regulation prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires federal government contractors and subcontractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

(b) The City and Contractor shall abide by the requirements of 41 CFR 60- 300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.

(c) The City and Contractor shall abide by the requirements of 41 CFR 60- 741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

14. Gratuities and Kickbacks. It is a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter, pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therewith. It is a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or a person associated therewith, as an inducement for the award of a subcontract or order.