Construction_Engineering_Inspection_Services_for_Design_Build_projects_(Addendum_#1_Revision).pdf

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County of Flagler

Request for Statement of Qualifications

25-RSQ-079

CONSTRUCTION ENGINEERING INSPECTION SERVICES FOR DESIGN BUILD

PROJECTS

RELEASE DATE: August 5, 2025

RESPONSE DEADLINE: September 4, 2025, 3:00 pm

Please refer to the project timeline in this document for all important deadlines.

25-RSQ-079

Title: Construction Engineering Inspection Services for Design Build projects

Table Of Contents

1. Introduction

2. Scope of Services

3. Purpose and Overview

4. Instructions for Proposers

5. Terms and Conditions

6. Special Conditions

7. Proposal Submittal Requirements

8. Evaluation Criteria

9. Vendor Questionnaire

10. Attachments/Exhibits

Attachments:

A - A - SAMPLE PROFESSIONAL SERVICES AGREEMENT

B - CEI Services Design Build Bid Docs

1. Introduction

1.1. Summary

Flagler County Board of County Commissioners is seeking qualified firms to submit competitive sealed Statements of Qualifications (RSQs) to provide Construction, Engineering & Inspection (CEI) services. These services will support two Design-Build capital improvement projects and include pay app certification, quality assurance, inspection, materials sampling, testing, monitoring, plan review, schedule review, progress meeting and reporting, as well as any required State threshold inspections. All work must comply with project design documents, contract requirements, and Flagler County standards.

1.2. Contact Information

Jessica Martin

Senior Procurement Coordinator

1769 E. Moody Blvd

Building 2

Bunnell, FL 32110

Email: jmartin@flaglercounty.gov

Phone: (386) 313-4063

Department:

Engineering

Department Head:

Hamid Tabassian, PE, DBIA

County Engineer

1.3. Timeline

Release Project Date August 5, 2025

Question Submission Deadline August 22, 2025, 12:00pm

Final Addendum August 27, 2025 mailto:jmartin@flaglercounty.gov tel:(386)313-4063

Proposal Submission Deadline and Bid

Opening

September 4, 2025, 3:00pm

3rd Floor Financial Services Conference Room

1769 East Moody Blvd Bldg. 2

Bunnell, FL 32110

Microsoft Teams meeting

Join on your computer, mobile app or room device https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

Meeting ID: 211 374 063 014 1

Passcode: 8Nw9ay79

Evaluation Committee Meeting Week of September 8, 2025

Shortlisted Firms

Presentations/Discussions (if required)

Week of September 15, 2025

Flagler BOCC Approval to Award with

Top Ranked Firms

October 6, 2025 https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

2. Scope of Services

2.1. Scope of Services

The selected Consultant Firm will serve as Flagler County’s representative for assigned construction projects and faithfully represent the County’s interest in all matters, with special emphasis given to issues involving quality of the work. Exercise independent professional judgment in performing obligations and responsibilities under this Agreement.

The scope of work includes construction engineering & inspection (CEI) services to support the County’s specified Progressive

Design-Build projects. The selected Consultant Firm will support the County in developing a specific scope of services for each project and detailed within the Work Authorization developed by the County and Consultant.

The general objective is for the selected firm/team to be capable of providing project administration assistance, possibly including but not limited to review of major equipment submittals, inspection of Design-Build Firm’s QA/QC documentation and verification of materials sampling and testing for the construction project as assigned on a per project basis in accordance with the design, regulatory permits, contract documents and County, State, and Federal standards and requirements.

2.2. PROPOSED PROJECTS

The following projects will be included in the scope for the CEI services:

Flagler County Multipurpose Emergency Preparedness Facility

The building will be approximately 15,000 square feet in size to serve as community storm shelter capable of withstanding a

Category 5 hurricane. The main 10,000 sf area will be dividable with a retractable wall that can be stowed when not in use. The building will include a front entrance with a large foyer and public restrooms, a kitchen area, storage rooms, an IT room, and Electrical/Mechanical rooms. A diesel generator will be included to power the facility in the event of a power outage. It is envisioned that this structure will be primarily a pre-engineered metal building with a concrete wainscot to reduce/eliminate chances that the metal wall structure will be in contact with standing water at any time.

The kitchen will include heavy duty commercial grade appliances, adequate cold storage, food preparation equipment, and sufficient counter space to serve as a community storm shelter.

Required completion of the project is June 30, 2026 to support receipt of Grant funding which will be used to pay for this facility.

Flagler County Eco Discovery Center

The facility will serve the county and the region with eco-tourism opportunities and to create access and elevate awareness of the county’s vast natural areas for all through education and high-quality recreational opportunities. The Center will be conveniently located between two major north-south highways on a 23-acre county owned parcel on SR100 approximately 1 mile east of I-95 and 2.5 miles west of the Florida Coastal State Road A1A. The 23-acre parcel is also within hundreds of feet of the newly constructed Graham Swamp Trail pedestrian bridge over SR100 that will serve as a connection of Graham Swamp and Lehigh trails to the future 1,000-acre Bulow Creek Headwaters Regional Park conservation property and the Center. The

Center will be advantageously located to serve as a gateway for the conservation nature center park and its many miles of connected trails. Once completed the Center will house the administrative offices for Flagler County Tourism Development and Economic Development departments as well as intentionally selected community partners to enhance the offerings from within the Center. A large center atrium will welcome both locals and visitors with activities and information as well as offer areas for respite from travel, a gallery with displays highlighting local art, culture & history stories, and a gift shop with locally sourced and environmentally sensitive products. A combined 3,000 square feet of flexible use indoor/outdoor space will be available as rental space for community meetings, classes, and events. Situated in an ecologically significant part of the county, the Center will offer interactive exhibits, guided tours, recreational services (biking, hiking, birding, kayaking, wildlife viewing) and create multiple new revenue streams to ensure sustainability and growth. The Center will also fulfill the need to orient the public to local businesses, offer “one-stop shopping” ticketing opportunities to support partner businesses, and make recommendations of other recreational leisure activities and related amenities and services not only in Flagler County but within the region to bring awareness of local ecosystems, learn about native flora and fauna, wildlife, cultural heritage, and engage in eco-friendly recreational activities.

2.3. ANTICIPATED CEI SERVICES

Upon project assignment by the county, the CEI Firm shall with the support of the County, prepare a Scope of Services document based on assigned project requirements and County expectations. The Scope of Services shall include, but may not be limited to, the following:

• Provide CEI services which are required for contract administration, inspection, and materials sampling and testing for the assigned vertical building construction project.

• If requested by County, provide:

o Required ecological and environmental services such as gopher tortoise relocation permitting and obtain permitting prior to construction, and o Perform ecological and environmental monitoring services as required by FDEP ERP and other project permits.

• Review Design-Builder’s QA/QC Plan. Conduct quarterly audits of Design-Builder’s QA/QC documentation and provide verification Design-Builder’s documentation is complete.

• Provide a monthly project progress report to document CEI services provided.

• Observe the Design-Build Firm’s work to determine the quality of work. Identify discrepancies, report significant discrepancies to the County, and support the County in directing the Design-Build Firm to correct such observed discrepancies. (Note: Daily onsite observance is not required. Coordinate with the County regarding observance expectations.)

• Monitor the Design-Build Firm's on-site construction activities and inspect materials in accordance with the Contract

Documents for the Construction Contract to determine that the projects are constructed in conformity with such documents. Inform the County of any significant omissions, substitutions, defects, and deficiencies noted in the Design-

Build Firm’s work and the recommended corrective action to be performed by them.

• Review Design-Build Firm’s major equipment submittals to verify they are in accordance with design specifications.

• Provide qualified personnel necessary to carry out the requirements of the project services. Exercise independent engineering judgment in pursuit of the project. Personnel are expected to gather information from project inspections and inform the County when concerns are identified for the successful completion of the project. It is the County’s expectation that this experience and expertise will be employed by Consultant staff to make sound engineering judgments and recommendations throughout the project.

• Attend (in person or virtually) project meetings (e.g., kickoff, preconstruction and biweekly progress meetings) to discuss the project as determined by the County.

• Perform periodic site visits to verify required Construction Materials Testing (CMT) is being completed in accordance with project contract documents. Coordinate site visits with Design-Build Firm.

• Review Design-Builder’s CMT reports in accordance with the contract documents.

• Using qualified personnel, verify that the Design-Build Firm is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project in accordance with project specific SWPPP requirements.

• Observe the construction progress and quality of foundations, slabs, and other structural components of the work to determine that they are properly constructed and at the correct location and elevation, identify discrepancies, and notify the Design-Build Firm of any such discrepancies. All discrepancies shall be documented and submitted to the County.

• Analyze and monitor construction baseline and progress schedule updates.

• Review Design-Build Firm developed “As-Built” Plans for conformance with the Project Documents, and completed work.

• Provide evaluation and feedback regarding Design-Build Firm performance.

• Provide certified personnel to complete threshold inspections in accordance with the Florida Building Code if required for the project and file required documentation with enforcement agencies.

• Review Design-Build Firm’s shoring design when required to verify conformance with the shoring and reshoring plans submitted to the enforcement agency by the Design-Build Firm and provide a report.

• Review Design-Builder Pay Applications and certify that they reflect the work completed and are acceptable.

3. Purpose and Overview

4. Instructions for Proposers

4.1. INSTRUCTIONS TO PROPOSERS

The purpose for this Request for Statement of Qualifications (RSQ) is to solicit competitive sealed proposals from qualified firms to provide construction engineering & inspection (CEI) services which are required for contract administration, inspection, and materials sampling and testing for the construction of future capital improvement vertical projects in accordance with the design and contract documents and all and Flagler County standards and requirements.

It is the intent and purpose of the Flagler County Board of County Commissioners (County) that this Request for Statement of

Qualifications promotes competitive selection. It shall be the proposer’s responsibility to advise the Purchasing Department if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this

RSQ to a single source.

The selected Consultant Firm(s) will serve as Flagler County’s representative for assigned Progressive Design-Build projects and faithfully represent the County’s interest in all matters, with special emphasis given to issues involving public safety, quality, timely completion of the work, and financial responsibility. Exercise independent professional judgment in performing obligations and responsibilities under this Agreement.

Flagler County is seeking to contract with one (1) firm to provide services for various projects on an assigned, as-needed basis.

Flagler County reserves the right to award to fewer or greater number of firms at its discretion.

4.2. REQUIREMENTS

It is the intent and purpose of the Flagler County Board of County Commissioners (County) that this Request for Statement of

Qualifications promotes competitive selection. It shall be the proposer’s responsibility to advise the Purchasing Department if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this

RSQ to a single source.

The selected Consultant Firm will serve as Flagler County’s representative for assigned construction projects and faithfully represent the County’s interest with special emphasis given to the requirements of 2.0 Scope of Services . Exercise independent professional judgment in performing obligations and responsibilities under this Agreement.

Flagler County is seeking to contract with one (1) firm to provide services for the projects listed above on an assigned, as-needed basis. Flagler County reserves the right to award to none of the firms or more than one of firms at its discretion.

The general objective is for the selected firm/team to be capable of providing CEI services as defined in the 2.0 Scope of

Services document.

4.3. QUESTIONS REGARDING THIS RSQ

All questions or concerns regarding this Request for Statement of Qualifications must be submitted in writing, to the

Purchasing Division. Questions will be asked in Opengov under the Questions and Answers section.

Proposers shall not direct any queries or statements concerning their proposal to the County staff and/or Evaluation

Committee during the selection process, from the time of submission of a proposal until recommendation of award. Any

Proposer who initiates any discussions with staff in any manner other than that described below is subject to disqualification from this procurement.

4.4. ADDENDA OF THE REQUEST FOR STATEMENT OF QUALIFICATIONS

When appropriate, the Purchasing Department will issue an addendum to the RSQ. Proposers are instructed not to contact the initiating division directly. No oral interpretation of this RSQ shall be considered binding. The County shall be bound by information and statements only when such statements are written and executed under the authority of the Purchasing

Manager. It shall be the responsibility of the Proposer, prior to submitting their proposal, to determine if addenda were issued, acknowledging and incorporating them into their proposal.

The failure of proposers to submit acknowledgement of any addenda that affects the RSQ price(s) is considered a major irregularity and will be cause for rejection of the proposal.

The Flagler County Board of County Commissioners reserves the right to consider the omission of an acknowledgement of addendum as cause for rejection of the RSQ submittal.

This provision exists solely for the convenience and administrative efficiency of Flagler County. No Proposer or other third party shall gain any rights by virtue of this provision or the application thereof, nor shall any proposer or third party have any standing to sue or cause of action arising there from.

4.5. CLARIFICATIONS

It is the Proposer’s responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this RSQ. Lack of understanding and/or misinterpretation of any portions of this RSQ shall not be cause for withdrawal of your proposal after opening or for subsequent protest of award. Proposers must contact the Purchasing Representative, at the phone number or email provided, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the parties.

4.6. CONTRACTUAL TERMS

If you are taking exception, indicate those exceptions as stated on the Proposer’s Certification Form.

4.7. NO PROPOSAL

Where more than one item is listed, any items not proposed must be indicated “NO PROPOSAL”.

4.8. MISTAKES

In the event of extension error(s), the unit price will prevail, and the proposer’s total offer will be corrected accordingly. In the event of mathematical errors, the extended totals will prevail, and the proposer’s total will be corrected accordingly.

Proposers must check their proposal where applicable. Failure to do so will be at the proposer’s risk. Proposals having erasures or corrections must be initialed in ink by the Proposer.

4.9. CORRECTION OF PROPOSALS

Correction of inadvertently erroneous proposals shall be permitted up to the time of opening. Proposers shall not be allowed to modify their proposals after the opening time and date.

4.10. WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn by written request at any time prior to proposal opening by the Proposal. Negligence on the part of the Proposer in preparing the proposal confers no right of withdrawal or modification after the proposal has been opened at the appointed time and place by Flagler County. Any such withdrawn proposal shall not be resubmitted.

4.11. FINANCIAL ABILITY

Every Proposer may be required to demonstrate financial stability as evaluated at the sole discretion of Flagler County.

4.12. BINDING OFFER

A Proposer’s submittal will be considered a binding offer to perform the required services, assuming all terms are negotiated satisfactorily. The submission of a proposal shall be taken as prima facie evidence that the Proposer has familiarized itself with the contents of this RSQ.

4.13. SUBMISSION OF PROPOSALS

Firms or companies desiring to provide services, as described herein shall submit proposals in OpenGov.

All proposals must be received in OpenGov no later than Thursday, September 4, 2025 at 3:00 pm. Proposals are to be uploaded onto OpenGov prior to the specified opening date and time is solely and strictly the responsibility of the Proposer.

Opengov will automatically close bid submissions at the deadline, and no bids will be accepted thereafter. Only bids submitted electronically through Opengov will be accepted. Mailed or faxed bids will not be considered.

4.14. OPENING OF PROPOSALS

Proposals will be received until the date and time stated in this RSQ and will be publicly opened and read at the place, time and date stated. No responsibility will be attached to the Purchasing Department for the premature opening of a proposal not properly addressed and identified.

4.15. PROPOSAL TABULATION AND RESULTS

Proposal tabulations shall be available upon written request thirty (30) days after opening. Requests may be emailed to purchasing@flaglercounty.gov. Proposal opening results will be available on the final day of the month following the proposal opening.

4.16. DEFINITION OF RESPONSIVE AND RESPONSIBLE FOR THIS PROPOSAL

Each proposal submittal shall be evaluated for conformance as responsive and responsible using the following criteria:

A. Proper submittal of ALL documentation as required by this proposal. (Responsive).

B. The greatest benefits to Flagler County. (Responsible).

4.17. REJECTION/DISQUALIFICATION OF PROPOSAL

The County reserves the right to reject any and/or all proposals when such rejection is in the best interest of the County and/or the following reasons:

A. Failure to update the information on file including address, product, service or business descriptions.

B. Failure to perform according to contract provisions.

C. Conviction in a court of law of any criminal offense in connection with the conduct of business.

D. Evidence of a violation of any federal or state anti—trust law based on the submission of bids or proposals, or the awarding of contracts.

E. Evidence that the vendor has attempted to give a Board employee a gratuity of any kind for the purpose of influencing a recommendation or decision in connection with any part of the Board’s purchasing activity.

F. Other reasons deemed appropriate by the Board of County Commissioners.

4.18. NO LOBBYING

All Proposers are hereby placed on notice that Flagler County Board of County Commissioners, County Employees/Staff, Members of the Evaluation Committee (with the exception of the Flagler County Purchasing Department personnel mailto:purchasing@flaglercounty.gov designated to receive requests for interpretations or corrections) are not to be lobbied, directly or indirectly either individually or collectively, regarding this RSQ. During the entire procurement process, all Proposers and their subcontractors, sub-consultants, or agents are hereby placed on notice that they are not to contact any persons listed above for such purposes as holding meetings of introduction, dinners, etc., if they intend to submit or have submitted proposals for this project. Any Proposer contacting individuals mentioned herein in violation of this warning may automatically be disqualified from further consideration for this RSQ.

4.19. RIGHT TO PROTEST

Any Proposer affected adversely by an intended decision with respect to the award of any RSQ shall file, with the Purchasing

Department, a written notice of intent to file a protest in accordance with the Flagler County Purchasing Policy. Failure to follow the protest procedure requirements within the time frames prescribed herein as established by Flagler County shall constitute a waiver of your protest and resulting claims.

4.20. OWNERSHIP OF DOCUMENTS

All documents resulting from this project will become the sole property of Flagler County. The Proposer must meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the

Proposer upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County.

4.21. COST OF PREPARATION

The costs of preparation of a response to this RSQ are solely those of the Proposer. The County assumes no responsibility for any such costs incurred by the Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

5. Terms and Conditions

5.1. GOVERNING LAWS/RULES/REGULATIONS

All Proposers shall hold all State, Federal, and County licenses required to perform the scope of work as described within the RSQ documents. The Proposer shall ensure compliance with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and County.

5.2. AWARDS

Flagler County is seeking to contract with one (1) firm to provide services for various projects on an assigned, as-needed basis.

Flagler County reserves the right to award to fewer or greater number of firms at its discretion.

Results from the evaluation committee will be considered by the Flagler County Board of County Commissioners at the earliest possible regular meeting subsequent to the evaluation process. This RSQ is issued in accordance with and shall be governed by the provisions of the County’s Purchasing Policy and Florida Statutes.

The Flagler County Board of County Commissioners reserves the right to make award(s) by individual sections, groups, all or none, or a combination thereof, with one or more proposers; to reject any and all proposals, or to waive any informality or technicality in proposals received as deemed to be in the best interest of the County.

5.3. VENDOR’S PRODUCT OR SERVICES

The vendor’s product (if applicable) delivered to the County shall be free of all liens, claims or encumbrances, and the vendor warrants that it has a clear title to the product being delivered. If the vendor is contracted to provide services, such services shall be fully satisfactory to the County as determined by the County. The vendor shall provide the County with any data, reports or other information as required and requested by the County to enable it to utilize the product or service furnished by the vendor. In furnishing the service or product to the County, the vendor shall comply with all federal, state, and county laws, rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, Contract, proposal or quote.

5.4. RESERVATION OF RIGHTS

The County reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment, best serves the interest of the County, or to award a contract to the next most qualified Proposer if the successful Proposers do not execute a contract within thirty (30) days after approval of the selection by the

Board of County Commissioners or other competent authority.

Flagler County reserves the right, and the Purchasing Manager has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Flagler County Purchasing Policy. Flagler County reserves the right to request clarification of the information submitted and to request additional information of one or more applicants.

5.5. UNIFORM COMMERCIAL CODE (APPLICABLE ONLY FOR THE PURCHASE OF

GOODS)

The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded proposer/contractor and Flagler County for any terms and conditions not specifically stated in this Request for

Statement of Qualifications.

5.6. FEDERAL AND STATE TAX

Flagler County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida Sales/Use Tax Exemption Certificate). The Purchasing

Department will provide an exemption certificate to the successful proposers. Vendors or contractors doing business with

Flagler County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any vendor/contractor be authorized to use the County’s Tax Exemption Number in securing such materials.

5.7. AVAILABILITY OF PERSONNEL

Personnel described in the proposal shall be available to perform the services as described. All personnel shall be considered to be, at all times, the employees, or agents of the Proposer, and not employees or agents of Flagler County.

5.8. ASSIGNMENT OF CONTRACT

The selected Proposer may not make any assignments of their obligations resulting from this RSQ without the prior written authorization of Flagler County.

5.9. NON-EXCLUSIVITY OF CONTRACT

The selected Proposer understands and agrees that any resulting contractual relationship is non-exclusive, and Flagler County reserves the right to seek similar or identical services elsewhere if deemed in the best interest of Flagler County.

5.10. CANCELLATION

The contract with the successful Proposer may be terminated by the County without cause by giving a minimum of thirty (30) days written notice of intent to terminate. Contract prices must be maintained until the end of the thirty (30) day period. The

County may terminate the contract at any time as a result of the Contractor’s failure to perform in accordance with these specifications and applicable contract. The County may retain/withhold payment for nonperformance if deemed appropriate to do so by the County.

5.11. AGREEMENT

The selected Proposer shall be expected to execute an agreement containing the terms and conditions herein. Any exceptions to the terms and conditions contained herein must be identified and agreed upon as outlined herein before consideration of the proposal.

This Request for Statement of Qualifications shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), proposal document and response. Any and all legal actions associated with this Request for Statement of Qualifications and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Seventh Circuit Court in and for

Flagler County, Florida.

5.12. FLORIDA PROMPT PAYMENT ACT

Payments shall be in accordance with the Florida Prompt Payment Act applicable to local governments.

5.13. AVAILABILITY OF FUNDS

Flagler County is obligated only to the extent that funds are included in the County’s fiscal year budget. Should the County not include funds for this expense the Contract is null and void.

5.14. ADDITIONAL REQUIREMENTS

The County reserves the right to request additional services relating to this Agreement from the Contractor. When approved by the County as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary.

5.15. NON-PERFORMANCE

Failure to meet the expected quality of workmanship, schedule, or other criteria agreed upon, shall be considered a default.

A. In case of default, the County may procure the required services from other sources and hold the Consultant responsible for any excess costs occasioned thereby and may immediately cancel the contract, inclusive of any lease extension costs on the current tower sites.

5.16. PATENT/COPYRIGHT/TRADE SECRET (INDEMNIFY, DEFEND, HOLD

HARMLESS)

The Proposer shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product or device which is the subject of patent rights or copyrights.

The Proposer shall indemnify, hold harmless, and defend the Flagler County Board of Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and against all liabilities, damages, claims, demands, or actions at law or in equity, including court costs and attorneys’ fees that may hereafter at any time be made or brought by anyone arising out of any infringement of patent rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by the Proposer while providing services under this agreement.

5.17. PUBLIC RECORDS

Pursuant to Section 119.0701(2), Florida Statutes, the Proposer shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the Proposer in conjunction with this Agreement. Specifically, the Proposer must:

A. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service, including but not limited to: emails and correspondence, meeting notes, daily progress reports, correspondence, test results and reports, videos, progress schedule updates, financial records, permits, and certifications; and

B. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in the County’s Public Records Policy, or as otherwise provided by law; and

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and

D. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Proposer upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County.

In performing the requirements herein, the Proposer shall promptly provide the County with a copy of any request to inspect or to copy public records in possession of the Proposer and consult with the County to ensure the request is responded to in accordance with the law. The Proposer shall promptly provide the County with a copy of the Proposer’s response to each such request. Failure to grant such public access shall constitute a material default and the County shall be entitled to terminate any Agreement and to pursue any other remedies against Proposer available in equity or at law.

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 (386) 313-4001,

PUBLICRECORDS@FLAGLERCOUNTY.GOV, FLAGLER COUNTY BOARD OF COUNTY

COMMISSIONERS, ATTN: ADMINISTRATION, 1769 E. MOODY BLVD, BLDG 2, BUNNELL, FL

32110.

mailto:PUBLICRECORDS@FLAGLERCOUNTY.GOV

5.18. AUDITABLE RECORDS AND RECORDS RETENTION

The awarded Proposer shall establish and maintain a reasonable accounting system, which enables ready identification of

Proposer’s cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all fees for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the Proposer or its sub-consultants as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the Consultant's place of business. This right to audit shall include the Proposer’s subcontractors used to procure goods or services under the contract with the County. Awarded Proposer shall ensure the County has these same rights with subcontractor(s) and suppliers.

5.19. HOLD HARMLESS / INDEMNIFY

The Proposer agrees to indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Contract.

5.20. INDEMNIFICATION: (GENERAL LIABILITY)

The selected Proposer shall indemnify, hold harmless, and defend Flagler County and their respective Boards of Commissioners, their agents and employees, and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses, or actions, either at law or in equity, including court costs and attorney's fees, that may hereafter at any time be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the Proposer, or anyone performing any act required of Proposer in connection with performance of the agreement awarded pursuant to this RSQ.

These obligations shall survive acceptance of any goods and/or performance and payment therefore by Flagler County.

5.21. DRUG-FREE WORKPLACE CERTIFICATION

By submitting a proposal in response to this RSQ you are certifying that your company is a drug-free workplace in accordance with Florida Statute 287.087.

5.22. PUBLIC ENTITY CRIMES

A person or affiliate who has been placed on the convicted Proposer 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 public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted

Proposer list.

5.23. CONFLICT OF INTEREST / STATEMENT OF NON-COLLUSION

The award hereunder is subject to Chapter 112, Florida Statutes. All Proposers must disclose with their proposal the name of any officer, director, or agent who is also an employee of the Flagler County Board of County Commissioners. Further, all

Proposers must disclose the name of any Flagler County Board of County Commissioners employee who owns, directly or indirectly, an interest of five percent (5%) or more of the Proposer’s firm or any of its branches. The Proposer shall certify that he/she has not, either directly or indirectly, entered into any Contract, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the RSQ and that the Proposer is not financially interested in, or otherwise affiliated in a business way with any other Proposer on the same land or improvements.

5.24. TITLE VI / EEO

Flagler County is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, national origin, sex, age, disability, religion or familial status.

5.25. GRATUITIES AND KICKBACKS

Gratuities: It shall be unethical for any person to offer, give, or agree to give any Flagler County BOCC employee or former Flagler

County BOCC employee, or for any Flagler employee or former Flagler County BOCC 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, or 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 to the County.

County in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal, therefore.

Kickbacks: It shall be unethical 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 sub-contractor or any person associated therewith, as an inducement for the award of a subcontract or order.

Contract Clause: The prohibition against gratuities and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and solicitation therefore.

5.26. AMERICANS WITH DISABILITIES ACT (ADA)

If you need special services provided for under the Americans with Disabilities Act, contact the ADA Coordinator in our Human

Resources office at 386-313-4007 at least 48 hours before the scheduled event.

5.27. LICENSES

The Proposer shall be responsible for obtaining and maintaining city or county occupational license and any licenses required pursuant to the laws of Flagler County or the State of Florida. In furnishing the service or product to the County, the vendor shall comply with all federal, state and county rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, Contract, and proposal or quote.

5.28. COPIES

Copies of documents, records, materials, and/or reproductions upon request will be charged in accordance with Flagler County’s fee schedule. Copyrighted materials may be inspected but cannot be copied or reproduced per Federal law.

5.29. PROPRIETARY/RESTRICTIVE SPECIFICATIONS

Prospective proposers, who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Purchasing Division upon receipt of this Request for Statement of

Qualifications and prior to proposal opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Request for Statement of Qualifications.

5.30. VENDOR ASSISTANCE WITH SPECIFICATIONS

Any prospective proposer which assisted the County in developing or writing the specifications contained herein are requested to so note such on the proposal page of their proposal response.

5.31. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

By submission of this proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this proposal have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor.

B. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly to any other Proposer or to any competitor; and, C. No attempt has been made or will be made by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

5.32. SUBCONTRACTING

The Proposer will not sub-contract or enter into any subcontracting agreements pertaining to this contract, without obtaining approval from the Flagler County Purchasing Department.

5.33. SUCCESSORS AND ASSIGNS

The County and the vendor each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the County nor the vendor shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and the vendor.

5.34. EMPLOYEES OF THE CONTRACTOR

All work under this contract shall be performed in a professional and skillful manner. The County may require, in writing, that the contractor removes from this contract any employee the County deems incompetent, careless, or otherwise objectionable.

5.35. CONFLICT OF INTEREST

No employee or officer of the County shall receive compensation from any entity doing business with Flagler County, in accordance with Chapter 112, Florida Statutes and 23 CFR 172.

5.36. ALIEN WORKERS

Flagler County does not award publicly funded Contracts to those who knowingly employ unauthorized alien workers in violation of section 274A of the Immigration and Naturalization Act. 8 United States Code §132a. Such employment deprives legal workers of job opportunities. Violation of section 274A shall be grounds for unilateral cancellation of the Contract, Agreement, Bid or

Quote for purchase of services and goods by Flagler County.

5.37. E-VERIFY

The Contractor and Subcontractors shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of all persons employed by the Contractor during the term of the Contract to perform employment duties within Florida and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the Contract with the Department.

5.38. INSURANCE REQUIRED

Before execution of the contract by the County and commencement of the operations and/or services to be provided, and during the duration of the contract, the vendor shall file with the County current certificates of all required insurance on forms acceptable to the County, which shall include the following provisions:

1. All insurance policies shall be issued by companies authorized to do business under the laws of the State of

Florida and acceptable to the County.

2. The Certificates shall clearly indicate that the vendor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section.

3. No material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County.

The vendor shall require and ensure that each of its subcontractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein.

Coverage Required – Unless otherwise specified, the Contractor shall, at its sole expense, always maintain in effect during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to County.

Coverage Minimum Amounts and Limits

Worker's Compensation

Statutory requirements at location of work Employer's Liability

$1,000,000 each occurrence

$1,000,000 disease, aggregate

$1,000,000 disease, each employee

Commercial General Liability

$2,000,000 General Aggregate

$2,000,000 Products-Comp. Ops Agg

$1,000,000 Each Occurrence

$ 100,000 Fire Damage

$ 5,000 Medical Expense

Automobile Liability

$1,000,000 Combined Single Limit

(owned, hired and non-owned)

Option of Split Limits:

(1.) Bodily Injury $1,000,000 per Person

$1,000,000 per Accident

(2.) Property Damage $1,000,000

Professional Liability $1,000,000 per claim

(when applicable) $1,000,000 annual aggregate

Insurance carrier(s) must have a minimum financial rating of A-.

Coverage shall apply to the indemnity provided to Flagler County and shall include Flagler County its officers and employees, as additional insured, as regards to liability arising out of Contractor's performance of the work or the work performed by others on behalf of Contractor under this Contract. The insurance afforded to the County shall state that it is primary insurance and shall provide for a severability of interest or cross-liability clause. Prior to entering into the Contract with the

County, Contractor shall furnish County with Certificates of Insurance (identifying on the face thereof the Project name and

Contract number) as evidence of the above required insurance and such Certificates shall include the following language:

Flagler County BOCC as additional insured and an endorsement for which has been issued, subject to a requirement for recurring certificate of insurance every fifteen (15) days from the contract award date until, all obligations under the

Contract/Agreement are completed.

Alternatively, in lieu of recurring certificates, the contractor or vendor may provide a certificate of insurance that contains a provision that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the County, except that in the event of cancellation for nonpayment of premium the County shall receive notice as prescribed by state law (10 days). The cancellation clause should read as follows: “Should any of the described policies be canceled or material modified before the expiration date thereof, the issuing company will mail 30-day prior written notice to the certificate holder named below, except that in event of cancellation for nonpayment of premium, the notice shall be 10 days unless a longer time is prescribed by Florida Statute.”

The County will not maintain any insurance on behalf of the Contractor covering loss or damage to the work or to any other property of the Contractor.

None of the requirements contained herein as to types, limits, and approval of insurance coverage to be maintained by

Contractor are intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under the Contract.

The contractor shall deliver the original Certificate of Insurance and one copy to the agent of the County.

Notices, in the original and one copy of cancellation, termination and alteration of such policies shall also be provided to the agent of the County.

6. Special Conditions

6.1. PRECEDENCE IN TERMS

In the event of a conflict, the Special Terms and Conditions shall take precedence over all other sections.

6.2. PERIOD OF OFFER VALIDITY

Proposals offered in this RSQ must remain firm for a period of one hundred twenty (120) days from the RSQ opening date.

6.3. ANTICIPATED SERVICES

Anticipated services to be…