Traffic Signal Maintenance Construction Solicitation - Final.pdf

REQUEST FOR SUPPLIER QUALIFICATIONS (RFSQ)

RFSQ-078-26-CPW

For Traffic Signal Maintenance &

Construction

Release date: 7/31/26

Procurement Agent:

Carolynn P. Wilhite

TABLE OF CONTENTS

SECTION 1.0 NOTICES / INSTRUCTIONS TO RESPONDENTS

1.1. INTRODUCTION

1.2. PERSONNEL TO CONTACT ON THIS SOLICITATION

1.3 SUBMITTAL RESPONSE REQUIREMENTS

1.4. EUNA SUBMITTAL REQUIREMENTS

1.5. EXPLANATIONS / INTERPRETATIONS

1.6. SPECIAL ACCOMMODATIONS FOR MEETINGS

1.7. MINORITY & WOMEN BUSINESS ENTERPRISE(MWBE)PARTICIPATION PLAN-NOT

APPLICABLE

1.8. LOCAL PREFERENCE

1.9. CONTRACT AWARD

1.10. RIGHT OF REJECTION

1.11. GENERAL TERMS AND CONDITIONS

1.11.1. EQUAL OPPORTUNITY AGREEMENT

1.12. PUBLIC ENTITY CRIMES

1.13. ISSUANCE OF ADDENDA

1.14. PAYMENT

1.15. INSURANCE REQUIREMENTS

1.16. FINANCIAL CONSEQUENCES OF NON-PERFORMANCE

1.17. GRIEVANCE PROCEDURES

1.18. SELECTION PROCESS AND AWARD

1.19. CONFIDENTIAL/PROPRIETARY INFORMATION

1.20. PROHIBITED COMMUNICATIONS

1.21. INDEMNIFICATION

1.22. CERTIFICATION OF DRUG-FREE WORKPLACE FORM

1.23. COSTS INCURRED BY RESPONDENT

1.24. LATE SUBMISSION, MODIFICATION, AND WITHDRAWAL OF QUALIFICATIONS

1.25. REVIEW AND APPROVAL OF CONTRACT STAFF

1.26. E-VERIFY

1.27. CONFLICT OF INTEREST

1.28. AVAILABILITY OF FUNDS

1.29. SEVERABILITY

1.30. REMEDIES

1.31. ENFORCEMENT COSTS

1.32. PURCHASES BY OTHER PUBLIC AGENCIES

1.33. CONTRACTOR QUESTIONS REGARDING CHAPTER 119, FLORIDA STATUTES

1.34. SCRUTINIZED COMPANY LIST

1.35. PREPARATION OF QUALIFICATIONS

1.36. REQUEST FOR COPY OF SUBMITTED QUALIFICATIONS SUBMITTAL

1.37. IDENTIFICATION OF HAZARDOUS MATERIALS

1.38.APPROVAL OF RESULTANT CONTRACT

1.39. SUPPLIER PORTAL

SECTION 2.0 SCHEDULE OF EVENTS AND EVALUATION

2.1SCHEDULE OF EVENTS

2.2 CONTRACT TERM

2.3SCOPE OF SERVICES

2.3.2. SERVICE CATEGORIES

2.4. MINIMUM QUALIFICATIONS / RELEVANT BACKGROUND AND EXPERIENCE

2.5 QUALIFICATION SUBMITTAL REQUIREMENTS AND FORMAT

2.5.1. REQUIRED TAB FORMAT

2.6. EVALUATION OF QUALIFICATIONS

3.0 SCORING CRITERIA TABLE

3.1. TECHNICAL SCORING TABLE

ATTACHMENTS

SECTION 1.0 NOTICES / INSTRUCTIONS TO RESPONDENTS

1.1. INTRODUCTION

The City of Tallahassee, Florida (“City”), is soliciting Statements of Qualifications from qualified contractors to provide multi-category traffic signal maintenance and construction continuing services for the City’s Traffic Engineering and Operations section within Underground Utilities and Public Infrastructure (UUPI). The intent of this Request for Supplier of Qualifications (“RFSQ”) is to establish a pool of prequalified contractors capable of furnishing labor, supervision, materials, equipment, tools, traffic control, incidentals, and related services necessary to support the inspection, maintenance, repair, rehabilitation, emergency response, and construction of traffic signal infrastructure on an as-needed basis throughout the City’s service area.

The City anticipates awarding one or more continuing services agreements to qualified firms in one or more of the categories identified in this solicitation. Services may include, but are not limited to, the installation and replacement of traffic detection loops and associated minor underground work; drilled shaft installation, structural foundations, and minor signal construction; mast arm and pole repainting and coating rehabilitation; and traffic signal repair, maintenance, troubleshooting, and emergency response services.

The City intends for this solicitation to provide a flexible contracting vehicle to support recurring operational needs, planned maintenance activities, specialty rehabilitation work, and discrete signal-related construction assignments. This continuing services approach is intended to allow the City to efficiently obtain qualified contractor support across multiple traffic signal disciplines while maintaining category-specific expertise and performance standards.

For purposes of this solicitation, the work will be organized into the following core service categories:

1. Detection, Loops, and Minor Underground Work

2. Structural Foundations and Minor Signal Construction

3. Mast Arm / Pole Repainting and Coating Rehabilitation

4. Signal Repair, Maintenance, Minor Construction, and Emergency Response

5. Fiber Optic Cable Installation and Repair

Respondents may submit qualifications for one, multiple, or all categories, provided they demonstrate the experience, personnel, equipment, technical capability, and any required licenses or certifications applicable to each category for which they seek consideration.

The City reserves the right to evaluate qualifications and make awards by individual category, and nothing in this solicitation shall oblige the City to award all categories to a single firm.

Work performed under any resulting agreement(s) shall be assigned by the City on an as-needed basis through work orders, task authorizations, purchase orders, or other written directives issued in accordance with the contract documents.

The City makes no guarantee as to the volume, frequency, or value of work to be assigned.

Specific projects may vary in size, complexity, location, timing, and technical requirements, and may include routine maintenance, urgent response, specialty rehabilitation, or small construction tasks associated with traffic signal systems and related appurtenances.

All services shall be performed in accordance with the applicable contract documents, project requirements, manufacturer recommendations where applicable, and all governing federal, state, and local laws, regulations, codes, standards, and permitting requirements.

Work may require coordination with other City departments, utilities, field inspectors, roadway users, and outside agencies, as applicable. Where required by the scope of a particular assignment, the contractor shall provide safe and effective maintenance of traffic, protect adjacent property and facilities, furnish appropriate restoration, and complete the work within the time established by the City. The drilled shaft scope reflects the City’s need for signal-related structural construction support, while the mast arm repainting scope reflects the City’s need for recurring specialty maintenance services with category-specific technical requirements and performance expectations.

The City’s objective is to establish a qualified, reliable, and responsive contractor pool that can support Traffic Operations with timely, safe, and high-quality services across multiple traffic signal maintenance and construction disciplines. Respondents are encouraged to carefully review the solicitation requirements and submit qualifications demonstrating their ability to successfully perform in the category or categories for which they seek prequalification.

1.2. PERSONNEL TO CONTACT ON THIS SOLICITATION

Carolynn P. Wilhite

Carolynn.wilhite@talgov.com

Underground Utilities & Public Infrastructure

Office: 850-891-5348

2602 Jackson Bluff Rd., Tallahassee, FL 32304

1.3 SUBMITTAL RESPONSE REQUIREMENTS

Each Respondent MUST, by the date and time set for receipt of qualification submittals, accept, furnish and/or complete all documents specified in response to this solicitation. Failure to provide this information may be grounds for your submittal to be considered non-responsive.

The City of Tallahassee uses Euna (www.gobonfire.com) to administer the competitive solicitation process, including but not limited to soliciting bids, issuing addenda, posting results and issuing notification of an intended decision. There is no charge to register and download the solicitation from Euna. 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. The City shall not be responsible for a Respondent’s inability to submit qualifications by the due date and time for any reason, including issues arising from the use of Euna.

When submitting a response electronically through Euna, it is the sole responsibility of the Respondent to ensure that the response is received by Euna prior to the closing date and time.

Each of the following steps in Euna MUST be completed in order to place an offer:

1. Login to:https://www.gobonfire.com

2. Locate the solicitation to which you are responding:

mailto:Carolynn.wilhite@talgov.com https://www.gobonfire.com/

• Click the “Search” tab on the top left of the page.

• Enter keyword for solicitation number and click “Search”

3. Click on the “Solicitation title/description” to open the solicitation Information Page.

4. “View and Accept” documents in the documents section and complete all as required.

5. Select “Place Offer” found at the bottom of the page.

6. Click “Submit” at the bottom of the page.

7. Review offer; and

8. Enter your password and click “Confirm”.

The final step in submitting a response requires the Respondent to acknowledge that the information and documents entered into Euna are accurate and constitute the Respondent’s Qualification Submittal. This acknowledgment is recorded when the Respondent clicks “Confirm.” Euna will display confirmation that the response has been received. The Respondent is responsible for ensuring that this confirmation is received before the closing date and time.

NOTE: RESPONSES ARE NOT VISIBLE UNTIL AFTER THE DUE DATE AND

TIME.

1.4. EUNA SUBMITTAL REQUIREMENTS

The response to this RFSQ shall include all information required by the solicitation. Qualification Submittals must be prepared and organized in accordance with the instructions and tab format set forth herein. Failure to provide the required information may result in the submittal being considered incomplete, non-responsive, or not qualified for one or more categories.

The City reserves the right to request clarifications, additional supporting information, or supplemental materials as needed to evaluate a Respondent’s qualifications.

1.5. EXPLANATIONS / INTERPRETATIONS

Any questions related to this solicitation must be submitted in writing through the Euna System via the Questions and Answers (Q&A) section and received by the City by the deadline date and time specified. The Purchasing Agent / Bid Contact identified for this solicitation will respond to questions submitted via Bonfire in accordance with the solicitation timeline for answering questions.

Do not contact other City employees or representatives regarding this solicitation. See Section

1.20 Prohibited Communications.

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.

1.6. 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

1.7. MINORITY & WOMEN BUSINESS ENTERPRISE(MWBE)PARTICIPATION

PLAN-NOT APPLICABLE

This solicitation does not have a project-specific goal for the participation of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) firms certified by the Office of Economic Vitality (OEV) MWSBE Division.

Although MBE and WBE participation is not a requirement for this solicitation, each Respondent is strongly encouraged to secure MBE and WBE firm participation. Respondents needing assistance or guidance with securing MBE and WBE firms should contact LaTanya Raffington of the MWSBE Division at Lraffington@oevforbusiness.org or Shanea Wilks of the MWSBE Division at Swilks@oevforbusiness.org. A directory of certified MBE and WBE firms is available on the OEV website: https://oevforbusiness.mwsbe.com.

1.8. LOCAL PREFERENCE

a. To qualify for the 5 points for Local Vendor Preference the Prime Vendor must maintain a permanent place of business with full-time employees within Leon, Wakulla, Gadsden or Jefferson County, Florida, for a minimum of six (6) months prior to the scheduled qualification submittal due date. Vendor must complete the Local Vendor Affidavit Form within Euna.

b. Preferences shall not apply to solicitations for purchases or contracts which are funded, in whole or in part, by a Federal governmental entity and the laws, regulations, or policies governing such funding prohibit application of this preference.

1.9. CONTRACT AWARD

1.9.1 The City reserves the right to award contracts to one or more Respondents determined by the City to be responsive, responsible, and qualified to provide the services described in this Request for Supplier Qualifications (RFSQ).

1.9.2 This RFSQ is intended to establish a pool or roster of prequalified firms eligible to perform work for the City on an as-needed basis during the term of the resulting contract(s).

Prequalification under this RFSQ does not guarantee any minimum amount of work, compensation, or issuance of any particular project assignment, task order, work order, purchase order, or notice to proceed.

1.9.3 The City reserves the right to incorporate all or part of the successful Respondent’s Statement of Qualifications, representations, certifications, and supporting materials into any resulting contract. Failure of a Respondent to accept this obligation may result in rejection of the Respondent’s submittal, withdrawal of an intended award, or termination of negotiations.

1.9.4 Each prequalified firm shall be fully responsible for the performance of all services assigned under any resulting contract, including services performed by subcontractors, suppliers, or other persons or entities engaged by the firm.

mailto:Lraffington@oevforbusiness.org https://oevforbusiness.mwsbe.com/

1.9.5 A copy of the recommended ranking, shortlist, or intended award decision, as applicable, will be made available in accordance with the City’s procurement procedures following completion of the evaluation process.

1.9.6 After posting of the City’s intended award or intended decision, and after conclusion of any applicable protest period, the City may enter into negotiations with one or more selected Respondents for execution of the resulting contract(s).

1.9.7 The City reserves the right to decline to enter into a contract with any Respondent, to cease negotiations with any Respondent at any time, to reject any or all responses, to waive minor informalities or irregularities, and to make such award(s) as determined to be in the best interest of the City.

1.9.8 Firms awarded contracts through this RFSQ may thereafter be invited, on an as-needed basis, to submit quotes, proposals, pricing, schedules, or other project-specific information for individual assignments. Project-specific work may be authorized by task order, work order, purchase order, notice to proceed, or other written authorization issued by the City.

1.9.9 Any resulting contract may be canceled, suspended, or terminated in accordance with its terms for default, non-performance, breach, or other cause. The acts or omissions of the Contractor, its employees, agents, subcontractors, suppliers, or representatives may result in corrective action, including but not limited to written warning, required remediation, suspension of assignments, notice of breach, notice of default, termination for cause, or removal from the prequalified pool, as applicable under the resulting contract.

1.9.10 Respondents are hereby notified that, pursuant to Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor’s social, political, or ideological interests when determining whether the vendor is a responsible vendor.

1.10. RIGHT OF REJECTION

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

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

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.

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

Evidence of collusion among Respondents.

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.

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

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

Employment of unauthorized aliens in violation of Section 274A of the Immigration and

Nationality Act.

Falsification or misrepresentation on any form required by the City.

Failure to meet contract qualifications or specifications.

1.11. GENERAL TERMS AND CONDITIONS

1.11.1. EQUAL OPPORTUNITY AGREEMENT

1.11.1.1. 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.

1.11.1.2. By submitting a qualifications submittal, the Respondent agrees:

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

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

c. 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.”

1.12. 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 or subcontractor 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.

1.13. ISSUANCE OF ADDENDA

1.13.1. 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.

1.13.2. Respondents shall accept the Addendum in Euna.

1.13.3. The Respondent shall acknowledge receipt of each addendum using Euna.

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

1.14. PAYMENT

1.14.1. 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.

1.14.2. 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.

1.14.3. 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 this contract, less any deductions.

1.14.4. Discounts for Prompt Payment

a. Discounts for prompt payment will not be considered in the evaluation of qualifications submittal.

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.

b. 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.

1.15. 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 persons 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.

The insurance requirements set forth in this solicitation and any resulting contract are minimum requirements of the City. If a Respondent, Contractor, subcontractor, or vendor has any question concerning its exposures to loss under this solicitation or any resulting contract, or the possible insurance coverages needed therefor, it should seek professional advice from a qualified insurance or risk management professional.

1.15.1. Contractor shall maintain limits no less than:

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

▪ Premises/Operations

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

▪ Products/Completed Operations

▪ Contractual

▪ Independent Contractors

▪ Broad Form Property Damage

▪ Personal Injury

Business Automobile/Umbrella Liability Insurance - $2,000,000 limit per accident for property damage and personal injury.

a. Owned/Leased Autos

b. Non-owned Autos

c. 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.

1.15.2. Other Insurance Provisions:

Commercial General Liability and Automobile Liability Coverage

The City of Tallahassee, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers are to be covered as additional insureds as respects:

liability arising out of activities performed by or on behalf of the 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.

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.

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

Coverage shall state that 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.

1.15.3. Workers' Compensation and Employers’ Liability and Property Coverage

The insurer shall agree to waive all rights of subrogation against the City of Tallahassee, members 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.

1.15.4. All Coverage

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

▪ If 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.

▪ 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.

1.15.5. Deductibles and Self-Insured Retention

Any deductibles or self-insured retention’s must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions 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.

1.15.6. Acceptability of Insurers

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

1.15.7. Verification of Coverage

Contractors 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.

1.15.8. Subcontractors

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

1.16. 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 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.

1.16.1 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 $500.00 for each calendar day of delay, not to exceed $5,000.00 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 fixed, agreed-upon 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.

1.17. GRIEVANCE PROCEDURES

1.17.1. 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).

1.17.2. 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 of irregularities in specifications or solicitation procedure.

1.17.3. Protest of Recommended Award

Any actual Respondent who is aggrieved in connection with the evaluation of the qualification 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.

1.17.4. Filing a Protest.

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

a. 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/cashier’s check, shall constitute a waiver of such protest.

b. 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.

1.17.5. 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.

1.17.6. 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.

1.17.7. 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.

1.18. SELECTION PROCESS AND AWARD

1.18.1. The Evaluation Committee will review Qualification Submittals received by the deadline. Minimum qualifications and technical scores will be evaluated separately for each service category requested by the Respondent.

1.18.2. A Respondent must meet all general and category-specific minimum qualifications and receive a minimum technical score of seventy (70) out of one hundred (100) points for each category in which prequalification is sought. Local Vendor Preference points will be added after calculation of the technical score and will not be used to determine whether the Respondent meets the minimum technical-score requirement.

1.18.3. The Evaluation Committee may request clarifications, presentations, or interviews when determined necessary. The City reserves the right to prequalify one or more Respondents in each service category. Recommendations will be submitted to the applicable approving authority.

1.19. CONFIDENTIAL/PROPRIETARY INFORMATION

1.19.1 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.

1.19.2. By submitting a qualification submittal in response to this solicitation, a respondent acknowledges that City is a governmental entity subject to the Florida Public Records Law (Chapter 119, Florida Statutes). The respondent further acknowledges that any materials or documents provided to City may be "public records" and, as such, may be subject to disclosure to, and copying by, the public unless otherwise specifically exempt by statute. Should a respondent provide City with any materials which it believes, in good faith, contain information which would be exempt from disclosure or copying under Florida law, the respondent shall indicate that belief by typing or printing, in bold letters, the phrase "Proprietary Information" on the face of each affected page of such material. The respondent shall submit to the City both a complete copy of such material and a redacted copy in which the exempt information on each affected page, and only such exempt information, has been rendered unreadable. In the event a respondent fails to submit both copies of such material, the copy submitted will be deemed a public record subject to disclosure and copying regardless of any annotations to the contrary on the face of such document or any page(s) thereof.

1.19.3. 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, regarding 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.

1.20. 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, from 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 submittal, termination of any resulting contract and suspension or debarment.

1.21. INDEMNIFICATION

1.21.1 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.

1.21.2 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.

1.22. 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.

1.23. 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).

1.24. LATE SUBMISSION, MODIFICATION, AND WITHDRAWAL OF

QUALIFICATIONS

1.24.1. Any qualifications submission received by our Procurement Office via Euna 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 an Euna system issue or the City mishandling after submission, Procurement Services will evaluate all circumstances involved to determine if the Respondent’s submission can be accepted or not.

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

1.24.3. 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 submission will not prejudice the right of the contractor to participate on other current or future City solicitations.

1.24.4. 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.

1.25. 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 to request specific teams or individuals for specific tasks.

1.26. 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 a result of the contract termination.

1.27. CONFLICT OF INTEREST

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

The Respondent shall promptly notify the City of Tallahassee Procurement Office in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the proposer’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 proposer 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 proposer.

The City agrees to notify the proposer of its opinion by certified mail within thirty (30) days of receipt of the notification by the proposer. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the proposer, the City shall so state in the notification and the proposer 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 proposer under the terms of this Contract.

1.28. AVAILABILITY OF FUNDS

Assignments issued under any resulting contract are anticipated to be locally funded unless otherwise stated in the applicable assignment. All work is subject to the availability of appropriated funds and any required City approval.

1.29. SEVERABILITY

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

1.30. 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.

1.31. 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.

1.32. PURCHASES BY OTHER PUBLIC AGENCIES

With the consent and agreement of the successful Respondent(s), purchases may be made under any resulting contract 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. This 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.

1.33. 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

1.34. SCRUTINIZED COMPANY LIST

In executing any resulting contract, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes.