Countywide_Fencing_(Addendum_#1_Revision).pdf

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Attached to
Countywide Fencing
Solicitation number
24-031
Issued by
Charles County, Florida

About this file

This is an Invitation to Bid (ITB) #24-031 issued by the Santa Rosa County Board of County Commissioners in Florida for a Countywide Fencing project. The solicitation invites electronic bid responses through the county's e-Procurement Portal, with submissions due by 10:00 am on Tuesday, June 11, 2024. Potential bidders are required to submit any questions through the portal by 12:00 pm on Monday, May 13, 2024. The project involves providing industrial/commercial quality fencing with specific technical requirements, including K&K chain link fabric, precise post spacing, and commercial-grade gate installations. The Board reserves the right to use this bid for future fencing needs while retaining the option to bid out larger jobs, and contractors must be prepared to have materials and start work within 30 days of project notification.

The bid includes comprehensive insurance requirements, with vendors needing to maintain workers' compensation, commercial general liability, and business auto liability coverage with specific minimum limits. Contractors must also comply with various federal and state regulations, including provisions related to equal employment opportunity, Davis-Bacon Act wage requirements, and clean air/water standards. The solicitation encourages participation from small businesses, minority/women-owned businesses, and disadvantaged business enterprises, with no discrimination based on race, color, religion, national origin, disability, sex, or age. Additional compliance requirements include drug-free workplace certification, verification of business authority, active System of Award Management (SAM) registration, and submission of various certifications such as a sworn statement on entity crimes and conflict of interest disclosures.

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INVITATION TO BID

24-031

COUNTYWIDE FENCING

April 28, 2024

OWNER:

BOARD OF COUNTY COMMISSIONERS

SANTA ROSA COUNTY, FLORIDA

SAM PARKER – DISTRICT I

KERRY SMITH – DISTRICT II

JAMES CALKINS – DISTRICT III

RAY EDDINGTON – DISTRICT IV

COLTEN WRIGHT – DISTRICT V

24-031

INVITATION TO BID

COUNTYWIDE FENCING

Solicitation advertised utilizing Santa Rosa County Procurement & Purchasing Ordinance 2023-06 adopted June 19, 2023

I. Notice to Respondents II. Bid Instructions, Submittal Requirements, and General Requirements

III. FEDERAL LANGUAGE

IV. Insurance V. Scope of Work

VI. Vendor Questionnaire and Submission

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1. Notice to Respondents

1.1. Summary

Notice is hereby given that the Santa Rosa County Board of County Commissioners will receive sealed bids for

Countywide Fencing.

Please submit electronic responses via the County e-Procurement Portal:

https://procurement.opengov.com/portal/santarosafl. Submittals may be received up to but not later than 10:00 am on Tuesday, June 11, 2024.

Specifications may be secured through the Santa Rosa County e-Procurement Portal at https://procurement.opengov.com/portal/santarosafl Questions concerning this request should be submitted through the e-Procurement Portal by 12:00 pm on Monday, May 13, 2024.

Santa Rosa County Board of County Commissioners encourages all segments of the business community to participate in its procurement opportunities, including small businesses, minority/women owned businesses, and disadvantaged business enterprises. The Board does not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts.

The Board of County Commissioners reserves the right to waive irregularities in bids, to reject any or all bids with or without cause, and to award the bid that it determines to be in the best interest of Santa Rosa County.

By order of the Board of County Commissioners of Santa Rosa County, Florida.

2. Bid Instructions, Submittal Requirements, and General Requirements

2.1. Pre-Bid Activity

Except as provided in this section, respondents are prohibited from contacting or lobbying the County, County

Administrator, Commissioners, County staff, and Review Committee members, or any other person authorized on behalf of the County related or involved with the solicitation. All inquiries on the scope of work, specifications, additional requirements, attachments, terms and general conditions or instructions, or any issue must be directed in writing, via the County e-Procurement Portal located at https://procurement.opengov.com/portal/santarosafl.

All questions or inquiries must be received no later than the last day for questions stated in 24-031Countywide

Fencing & Legal Notice. Any addenda or other modification to the bid documents will be issued by the County prior to the date and time of bid closing, as written addenda, and will be posted to the Santa Rosa County e-Procurement

Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/santarosafl.

Such written addenda or modification shall be part of the bid documents and shall be binding upon each respondent. Each respondent is required to acknowledge receipt of all addenda. No respondent may rely upon any verbal modification or interpretation.

2.2. Preparation of Bid

The respondent shall submit bids in accordance with the public notice. The respondent shall submit bids in accordance with bid documents and must be listed on the Division of Corporations website (Sunbiz) for the FEIN provided.

Any proposal which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of public notice may be rejected.

https://procurement.opengov.com/portal/santarosafl https://procurement.opengov.com/portal/santarosafl https://procurement.opengov.com/portal/santarosafl https://procurement.opengov.com/portal/santarosafl

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A bid submitted by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature.

A bid submitted by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

A bid submitted by an individual shall show the respondent’s name and official address.

A bid submitted by a joint venture shall be executed by each joint venture in the manner indicated on the bid form.

The official address of the joint venture must be shown below the signature.

The bid shall contain an acknowledgement of receipt of all addenda, the numbers of which shall be filled in on the form. The address and telephone number for communications regarding the bid shall be shown.

If the respondent is an out-of-state corporation, the bid shall contain evidence of respondent’s authority and qualification to do business as an out-of-state corporation in the State of Florida. A state contractor license number for the State of Florida shall also be included on the bid form. Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

The bid shall be based upon the completion of the Work according to the drawings and specifications, together with all addenda thereto.

2.3. Submittal of Bid

A bid shall be submitted no later than the date and time prescribed in the solicitation and shall be accompanied by the bid security and other required documents. Applicable bond documents may be uploaded, but any physical checks presented must be delivered to the Procurement Office prior to the Bid Opening. Offers by email, facsimile, or telephone will NOT be accepted.

2.4. Integrity of Bid Documents

Respondents shall use the original documents provided on the Santa Rosa County e-Procurement Portal and enter information only in the spaces where a response is requested. Respondents may use an attachment to the documents if sufficient space is not available. Any modifications or alterations to the original documents by the respondent, whether intentional or otherwise, will constitute grounds for rejection of a submittal. Any such modification or alteration that a respondent wishes to propose must be clearly stated in the respondent’s response in the form of an addendum to the original bid documents.

2.5. Withdrawal of Submittals

Any Respondent may withdraw its Submittal, either personally or by written request, at any time prior to the scheduled time for opening Submittals.

2.6. Interpretation

No oral interpretation will be made to any Respondent as to the meaning of the drawings or specifications. Every interpretation made to a Respondent will be in the form of an Addendum to the specifications. Addenda will be furnished to each Respondent, but it shall be the Respondent’s responsibility to make inquiry as to Addenda issued.

All such addenda shall become part of the contract and all Respondents shall be bound by such Addenda whether received by the Respondent.

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2.7. Bids to Remain Subject to Acceptance

All responses will remain subject to acceptance or rejection by Santa Rosa County for sixty (60) calendar days after the day of the response opening. The County may, in its sole discretion, release any response and return the bid security prior to the end of this period.

2.8. Conditional and Incomplete Bids

Santa Rosa County specifically reserves the right to reject any conditional response.

2.9. Addition/Deletion of an Item

The County reserves the right to add or delete any item from this response or resulting contract when deemed to be in the County’s best interest.

2.10. Specification Exceptions

Specifications are based on the most current literature available. Respondent shall clearly list any change in the manufacturer’s specifications which conflict with the proposal specifications. Respondent must also explain any deviation from the proposal specification in writing. Failure of the respondent to comply with these provisions will result in respondents being held responsible for all costs required to bring the equipment in compliance with bid specifications.

2.11. Familiarity with Laws

All applicable Federal and State laws, County and municipal ordinances, orders, rules, regulations and General

Terms and Conditions of all authorities having jurisdiction over the project shall apply to the solicitation throughout, and they will be deemed to be included in the contract the same as though they were written in full therein.

2.12. Examination of Documents and Site

It is the responsibility of the respondent to inspect the site, scope of the work, and to understand the relevant documents, such as drawings, specifications, addenda, and any other information that may affect the execution of the work and the resources needed. Respondents should ensure that they have a clear and comprehensive knowledge of all the conditions and requirements that may impact the performance of the work under the contract.

2.13. Right to Reject

The County reserves the right to waive informalities in a submission, to reject any or all submissions with or without cause, and accept the submission that in its judgment is in the best interest of the County.

2.14. Disqualification of Respondents

Any of the following reasons may be considered as sufficient for the disqualification of a respondent and the rejection of its response:

• Submission of more than one response for the same work from an individual, firm, or corporation under the same or different name. Evidence that the respondent has a financial interest in the firm of another respondent for the same work.

• Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant has been reinstated as a qualified respondent.

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• Incomplete work which in the judgment of the County might hinder or prevent the respondents prompt completion of additional work if awarded.

• Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the solicitation or default under previous contract.

• Listing of the respondent by any Local, State or Federal Government/Agency on its debarred/suspended vendor list.

2.15. Discrimination

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a response on a contract to provide goods or services to a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

2.16. Review of Procurement Documents

Per Section 119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

2.17. Compliance with Florida Statute 119.0701

The Respondent shall comply with all the provisions of section 119.0701, Florida Statutes relating to the public records which requires, among other things, that the Respondent: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (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 public agency all public records in possession of the respondent upon termination of the contract.

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 (850) 983-1857, susant@santarosa.fl.gov; 6495 CAROLINE STREET, SUITE M, MILTON, FLORIDA 32570.

2.18. Suspension or Termination for Convenience

The County may, at any time, without cause, order Respondent in writing to suspend, delay or interrupt the work in whole or in part for such period as the County may determine, or to terminate all or a portion of the Contract for the County’s convenience. Upon such termination, the Contract Price earned to the date of termination shall be paid to Respondent, but Respondent waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the County orders a suspension, the Contract price and Contract time may be adjusted for increases in the cost and time caused by suspension, delay, or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by reason for which

Respondent is responsible; or that an equitable adjustment is made or denied under another provision of this

Contract.

mailto:WANDAP@SANTAROSA.FL.GOV

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2.19. Failure of Performance/Delivery

In case of default by the Vendor, the County after due notice (oral or written) may procure the necessary supplies or services from other sources and hold the Vendor responsible for difference in cost incurred. Continuous instances of default shall result in cancellation of the award and removal of the Vendor from the response list for duration of one (1) year, at the option of the County.

2.20. Audit

If requested, respondent shall permit the County or an authorized, independent audit agency to inspect all data and records of respondent relating to its performance and its subcontracts under this bid from the date of the award through three (3) years after the expiration of contract.

2.21. Non-Collusion

Respondent certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in an unfair advantage over other respondents. See Florida Statute 838.22.

2.22. Public Entity Crime Information

Pursuant to Florida Statute 287.133, a respondent 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 more than the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

Note: For respondent’s convenience, this certification form is enclosed and is made a part of the solicitation package.

2.23. Investigation of Respondent

The County may make such investigations, as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest. The respondent shall furnish to the County any additional information and financial data for this purpose as the County may request.

2.24. Form of Agreement

The Contract form shall be provided by the Procurement Office. The successful contractor shall, within 10 days after receipt of the Notice of Award and the contract forms or documents, sign and return to the County

Procurement Office all required contract documents. The awarded contractor shall also provide the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Santa Rosa County

Risk Management before the successful contractor proceeds with the work.

The contractor is responsible for submitting along with their response any exceptions it has to the standard terms of contract, within the attached sample contract. Failure to submit exceptions at time of submittal of the bid will be considered a waiver by the respondent to contest or request exception to the contract provisions. Any exceptions to the standard terms of contract will be taken into consideration as part of the County’s review of the response. The County reserves the right to reject bids depending on the substance of the exceptions.

2.25. System of Award Management (SAM)

All respondents must be registered with the Federal System of Award Management (SAM) and be up to date on all registration requirements at the time of contract award. Noncompliance will result in no award of contract for this submission.

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2.26. Procurement of Recovered Materials

All respondents must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

2.27. Domestic Preference

Although the County has no local preference, in accordance with 2 C.F.R. 200.322, the County may consider preference for the use of products and materials produced in the United States.

2.28. Contract with the Enemy

In accordance with 2 C.F.R. 200.215, it is acknowledged that no services under this contract are to be performed outside the United States and its territories nor in support of a contingency operation in which members of the

Armed Forces are actively engaged in hostilities.

2.29. Misc. Federal Requirements

All respondents should be aware that some federal funds may be utilized in the course of services being performed under this agreement, as such, respondent agrees that it shall adhere to all necessary federal regulations and the

Uniform Administrative Guidance (2 CFR 200). Further, the respondent acknowledges that the Federal government is not a party to this agreement and is not subject to any obligations or liabilities to the non-federal entity, Respondent, or any other party pertaining to any matter resulting from any award. Should a federal awarding agency require adherence to Supplemental Standard Terms and Conditions relevant to any award hereunder, such conditions will be included for review and approval as a condition of any amendment or task order.

2.30. Unauthorized Aliens/Patriot's Act

Knowing employment by respondent or its subcontractors of any alien not authorized to work by the immigration laws is prohibited and shall be a default of the contract. If the respondent is notified or becomes aware of such default, the respondent shall take steps as are necessary to terminate said employment with 24 hours of notification or actual knowledge that an alien is being employed. Respondent’s failure to take such steps as are necessary to terminate the employment of any said alien within 24 hours of notification or actual knowledge that an alien is being employed shall be grounds for immediate termination of the contract. Respondent shall take all commercially reasonable precautions to ensure that it and its subcontractors do not employ persons who are not authorized to work by the immigration laws.

2.31. Protection of Resident Workers

The Santa Rosa County Board of County Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States

(i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility

Verifications. The respondent shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform

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Respondents doing construction business with Santa Rosa County are required to use the Federal Government

Department of Homeland Security’s website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States.

3. FEDERAL LANGUAGE

The following special conditions apply to the Agreement and are incorporated herein by reference:

3.1. Supplementary Terms and Conditions for Federal Awards

As some or all of the Services to be provided under this Agreement may be funded with federal funds, In compliance with 2 Code of Federal Regulations (CFR) 200 Uniform Guidance Appendix II – Contract Provisions For

Non-Federal Entity Contracts Under 2 C.F.R. §§ 200.317, 200.322, and 200.326.Federal Awards and the Federal terms and conditions, Contractor shall agree to the following conditions and clauses.

3.2. Equal Employment Opportunity Clause.

The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the

Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any

Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

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(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the

United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of

Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the

Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to

Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future

11 | P a g e compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

3.3. Davis-Bacon Act ((40 U.S.C. 3141-3148).

1) pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

2) to pay wages not less than once a week.

3) place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.

4) The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

5) The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

3.4. Copeland “Anti-Kickback” Act ((18 U.S.C. 874 and 40 U.S.C. 3145)

The Copeland (Anti-Kickback) Act (18 U.S.C. 874 and 40 U.S.C. 3145) makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment.

In compliance with the Copeland Act, the contractor agrees to:

1) Furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.

3.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).

In compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

In compliance with the Contract Work Hours and Safety Standards Act, the contractor agrees to:

1) Compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

3.6. Clean Air Act (42 U.S.C. 7401-7671q.)

This agreement is subject to Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33

U.S.C. 1251-1387), and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

3.7. Debarment and Suspension

Contractor as part of the procurement response, Attachment “A” has submitted to the County a certification that

Contractor and its principals, if applicable, are not presently debarred or suspended by any Federal department or agency from participating in this transaction. Contractor now agrees to verify, to the extent applicable, that for each lower tier subcontractor that exceeds $25,000 as a “covered transaction” under the Services to be provided is not presently disbarred or otherwise disqualified from participating in the federally assisted services. The

Contractor agrees to accomplish this verification by:

1) Checking the System for Award Management at website: http://www.sam.gov.

http://www.sam.gov/

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2) Collecting a certification statement similar to the Certification of Offeror/Bidder Regarding Debarment, above.

3) Inserting a clause or condition in the covered transaction with the lower tier contract.

3.8. Byrd Anti Lobbying Amendment (31 U.S. C. 1352).

This agreement is subject to Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

3.9. Procurement of Recovered Materials

Contractor and any subcontractors agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection

Agency (EPA) under 40 CFR Part 247 whenever:

1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or

2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:

a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;

b) Fails to meet reasonable contract performance requirements; or

c) Is only available at an unreasonable price.

3.10. Minority/Women’s Business Enterprises

Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible, in accordance with 2 CFR 200.321. If subcontracts are to be let, prime contractor will require compliance by all sub-contractors. Information regarding certified

M/WBE firms can be obtained from (the following list is not exhaustive):

• Florida Department of Management Services (Office of Supplier Diversity);

• Florida Department of Transportation;

• Minority Business Development Center in most large cities; and

• Local Government M/DBE programs in many large counties and cities.

4. Insurance

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Vendor/Contractor agrees to carry and keep in force for the entire term of the contract with Santa Rosa County, and any extensions thereof, the following minimum levels of insurance coverage for any claims that may result from or relate to the services or products provided by Vendor/Contractor.

Workers’ Compensation: The contractor shall provide a workers' compensation insurance policy that meets the statutory requirements of the Florida Workers' Compensation Law. The policy shall also include employer's liability coverage with a minimum limit of $100,000 per accident, $500,000 per policy for occupational disease, and $100,000 per employee for occupational disease. The contractor shall furnish a certificate of insurance as evidence of such coverage before commencing work under this contract.

Commercial General Liability: The business shall maintain a commercial general liability insurance policy with minimum limits of $1,000,000 for each occurrence and $2,000,000 in the aggregate, covering bodily injury and property damage. The policy shall include the following coverages:

a. Premises/operations liability

b. Products/completed operations liability

c. Contractual liability

d. Liability for independent contractors

Business Auto Liability: The Contractor shall maintain a minimum amount of $500,000 for each occurrence of bodily injury and property damage liability. This amount may be provided by a Combined Single Limit policy or a Split limit policy with at least $500,000 per person, $500,000 per accident and $500,000 for property damage.

This policy shall cover the following types of vehicles:

a. Vehicles owned by the Contractor or its employees

b. Vehicles rented or leased by the Contractor for the performance of the contract

c. Vehicles operated by the Contractor or its employees but not owned, rented, or leased by them

Additionally, the Contractor shall obtain a Special endorsement to extend the coverage to any contractual liability arising from the contract.

Before signing any contract or agreement, the contractor must provide certificates of insurance that meet the following criteria:

a. Santa Rosa County must be included as an additional insured on all coverages related to the contractor's work.

b. Santa Rosa County must receive a written notice at least 30 days before any cancellation or change of any insurance policy.

c. The contractor is responsible for ensuring that all subcontractors comply with the same insurance requirements.

d. These are the minimum requirements that may be modified depending on the nature and risk of the work.

If there are any exceptional circumstances, the county administrator or his designee has the authority to adjust these requirements.

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5. Scope of Work

5.1. Fencing

All fencing is to be of industrial/commercial quality per following specifications. All fencing will be inspected before posts are set in concrete to determine depth and diameter of setting and a final inspection will be made prior to final payment. No payment will be made until all specifications are complied with. The successful bidder is to request the inspection a minimum of 48 hours in advance. If the contractor fails to request and receive an inspection as specified, no payment will be made until the inspection is made and if inspection has not been done prior to the setting of posts, all posts are to be removed and reset with proper inspection.

All fencing is to be K&K and follow the ground contour in such a manner that a standard baseball can not roll under the fence at any point, except where fence goes along asphalted area, install the fence on the asphalt with a 6" clearance from the fabric to the edge of asphalt. This specification may be waived if approved by Santa Rosa County representative.

Chain link fabric to be 9 GA. 2" mesh, 2 oz. G.A.W (Galvanized After Weaving). A manufactures certificate to this fact must be presented before payment.

All gate latches to be of the commercial saddle types. At the Representative for Santa Rosa County’s option, a chain and lock with the lock shackle welded to the chain and the chain attached to one side of the fence is to be provided. The lock shall be a Master Brand # 5 (No Substitutes). Locks shall be keyed alike if more than one lock is to be provided per job. All gates to be of commercial quality, welded joint, 1-5/8" O.D. and same fabric as fence, bolted in type.

Post Location - Space line posts equidistant at intervals not exceeding 10 ft (3.05m) in straight line runs. Measure the interval parallel to the grade of the proposed fence and in the line of fence from center to center of the post.

Set terminal posts (end, corner, and gate) at the beginning and end of each straight continuous length of fence and at abrupt changes in horizontal alignments.

Bidder shall agree to have all materials and start work within 30 days after being notified for each project that has been approved.

The Board of County Commissioners reserves the right to use this bid to set pricing for future fencing needs, however will retain the option to bid out large jobs.

All fencing shall be hung on the exterior of the enclosure.

All contractors shall have the required insurance for working in Santa Rosa County, and on the County rights-of-way.

FENCING SPECIFICATIONS

FABRIC: K & K, 2" x 9 gauge, 2 oz. G.A.W.

TOP RAIL: 1-5/8" O.D. SS20

LINEPOST: 2" O.D. SS20

TERMPOST: 3" O.D. SS20

GATEPOST: 3" O.D. SS20

DRIVE GATEPOST: 4" O.D. SS20

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GATEFRAME: 1-5/8" O.D. with center brace SS20

DRIVE GATEFRAME: 2" O.D. SS20

TIES: 9 gauge aluminum

TENSION WIRE: 7 gauge spring steel

ALL CAPS AND HARDWARE: Galvanized steel

POST SETTING: 10' on center and full depth in concrete of 2500 lb psi

CORNER BRACING AND TIES: 18" on center

POST DEPTH/CONCRETE DIAMETER: Line posts 6"x36"; corners 8"x36"; gates 12"x36"

6. Vendor Questionnaire and Submission

6.1. Solicitation Requirements*

I certify that I have read through the solicitation, in its entirety, and verify that I understand all materials provided.

☐ Please confirm

*Response required

6.2. BID FORM*

Please download the below documents, complete, and upload.

• Bid_Form.pdf

*Response required

6.3. Scrutinized Company Certification*

I certify this respondent is not participating in a boycott of Israel, is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and it does not have business operations in Cuba or Syria.

☐ Please confirm

*Response required

6.4. Contract Execution and Payment/Performance Bond*

I certify, if selected, the contract shall be executed and returned, along with the Payment/Performance Bond (if required), to Santa Rosa County Procurement within 10 days of respondent's receipt of draft contract. Failure to do so shall be just cause for forfeiture of the respondents guaranty.

☐ Please confirm

*Response required

6.5. Human Trafficked Labor*

I certify this respondent does not utilize human trafficked labor, in compliance with Section 787.06, Florida Statute.

☐ Please confirm

*Response required https://government-project.s3.us-west-2.amazonaws.com/92012/b5d1332e-5540-49f0-b39b-ba97646461d9_Bid_Form.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4LPKOIHGJ%2F20240528%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240528T145643Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEHUaCXVzLXdlc3QtMiJIMEYCIQCBsJdErlZr4%2Fb6WttchAdNxNeORZE%2BmBtsWTrl%2BXG2CgIhALzVm7%2BigGwFyN2uC9%2BFgdwzd2kr%2FLCtTypNx3u0i4t6KowFCO7%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgz0szp38TLodDK8674q4ARHhwBAeVYQpPqCF3Pzzic4rEBsQTD2cmmE3UZAxFgFoeO%2FosRWUiptxifGdjNneKVALsB2gqu8IyVR%2F6Ueglv51xHyzbAlzA6fgaQyQ4kx6FyNUEnJUPvHybnx4OG8I6VurhRrS7kjuMZvH5KzsVENteJ%2Fag6e19p14MaWjNO25S1J%2B%2BZi6hy0YRgBNBqcd83vdCad9DISxBQ8gf0xgeBadBEbwQgAV%2F2kyx4ZCAUudNEbPgCbXhfY9lQGeRNzPCWv6duVyMguyKbM7mU8nTCbDTNIvXaw7RIDW21ucj2YEe9bOyv3gAxrg7C3bU2P0f0z2HOWmsWOkUeiEzhUnf%2F1lZAoCvTgzq3zk%2Fbivp2INsiTImSsUZAL3vVyWbe7pwjWSMOE1RpeKqjWcNMPORVd7ke3HPdxyjV2nmpg4LaPP6Wx5z32gokKOxoTia28Wt44NzE99wxPO0HwSeZ7rZWfRvYq%2Fn2c7JaxFIo2WqUXQO24C7lmQbI%2BR636CeiKIm2Vzj0AVq2Ck%2Bu69FzAEp4OPfBL6wBWPPgy6s0t7%2BwsM01ARm1EYBXke4%2B48eyVFmGVEEgJzFy25C7yDNzXOaqR6y1RrxhVcMzHFRY4xlqaRnhiT2yWCuvKGeJPImnppKSyo%2By3FYzwUznCqYl%2FY3Wixa8bIbvAFBksjH0bnHr55G2HrOjq%2BHdFLClJIeSn4llCsiv9aIfiYxx2N%2FBa%2FIDYjnjAH0RubdictGgSOKkBoCGqhHWZw9vnEUel5K8H8n0r8p5gQWrZlYOULbi77gJ91Ou68XngK7LnbBDfBQiMTDDoq9eyBjqaAXny59wdkeSQVHcrzH3oAsrixHIvMhNgy5qAdbupnT6KNoYUNvuZd5jcJuAMFcEzsWB0OIYc8dLp7154B%2Ft%2FJLr2DiosyoFtdd70eoDY43rwF1RPEHWZHH2BqfdocDpMa%2FFyy5%2Fqaw%2BJt1DbV66gOFf0WiQtcI9%2Fayo%2F6RpSe1WFg82%2FvvgDuiande4fyKdCDHrd1Nd6gJR3e0U%3D&X-Amz-Signature=cbb3525ea06ffb799f861e13831e6d06ff56d6447d15540d93d04b4a3e887e88&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Bid_Form.pdf%22&x-id=GetObject

16 | P a g e

6.6. Drug-Free Workplace Certification*

I certify this respondent complies fully with Drug-Free Workplace Section 287.087, Florida Statutes.

☐ Please confirm

*Response required

6.7. Certificate of Insurance*

Please upload a copy of current required insurance declaration page with Santa Rosa County named interest or

Letter of Insurability from carrier stating the the levels of coverage will be obtained.

*Response required

6.8. Certificate of Authority to do business from the State of Florida (SunBiz)* Please upload Certificate of Authority to do business here.

*Response required

6.9. System of Award Management (SAM)*

Please upload certification of active SAM status.

*Response required

6.10. Sworn Statement Pursuant to Section 287.133(3)(A), Florida Statutes on Entity Crimes.* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Sworn_Statement.pdf

*Response required

6.11. References*

Please download the below document, complete, and upload.

• REFERENCES.pdf

*Response required

6.12. Conflict of Interest*

Please download the below document, complete, and upload.

• Conflict_of_Interest.pdf

*Response required

6.13. Debarment Form*

Please download the below document, complete, and upload.

• Debarment_form.pdf

*Response required

6.14. Proposed Subcontractors

Please provide names and addresses for any proposed subcontractors to be utilized for work on this project. )if applicable) https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1706/aa4f67fb-d524-4aff-b654-0cd109f7c53d_Sworn_Statement.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4LPKOIHGJ%2F20240528%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240528T145643Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEHUaCXVzLXdlc3QtMiJIMEYCIQCBsJdErlZr4%2Fb6WttchAdNxNeORZE%2BmBtsWTrl%2BXG2CgIhALzVm7%2BigGwFyN2uC9%2BFgdwzd2kr%2FLCtTypNx3u0i4t6KowFCO7%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgz0szp38TLodDK8674q4ARHhwBAeVYQpPqCF3Pzzic4rEBsQTD2cmmE3UZAxFgFoeO%2FosRWUiptxifGdjNneKVALsB2gqu8IyVR%2F6Ueglv51xHyzbAlzA6fgaQyQ4kx6FyNUEnJUPvHybnx4OG8I6VurhRrS7kjuMZvH5KzsVENteJ%2Fag6e19p14MaWjNO25S1J%2B%2BZi6hy0YRgBNBqcd83vdCad9DISxBQ8gf0xgeBadBEbwQgAV%2F2kyx4ZCAUudNEbPgCbXhfY9lQGeRNzPCWv6duVyMguyKbM7mU8nTCbDTNIvXaw7RIDW21ucj2YEe9bOyv3gAxrg7C3bU2P0f0z2HOWmsWOkUeiEzhUnf%2F1lZAoCvTgzq3zk%2Fbivp2INsiTImSsUZAL3vVyWbe7pwjWSMOE1RpeKqjWcNMPORVd7ke3HPdxyjV2nmpg4LaPP6Wx5z32gokKOxoTia28Wt44NzE99wxPO0HwSeZ7rZWfRvYq%2Fn2c7JaxFIo2WqUXQO24C7lmQbI%2BR636CeiKIm2Vzj0AVq2Ck%2Bu69FzAEp4OPfBL6wBWPPgy6s0t7%2BwsM01ARm1EYBXke4%2B48eyVFmGVEEgJzFy25C7yDNzXOaqR6y1RrxhVcMzHFRY4xlqaRnhiT2yWCuvKGeJPImnppKSyo%2By3FYzwUznCqYl%2FY3Wixa8bIbvAFBksjH0bnHr55G2HrOjq%2BHdFLClJIeSn4llCsiv9aIfiYxx2N%2FBa%2FIDYjnjAH0RubdictGgSOKkBoCGqhHWZw9vnEUel5K8H8n0r8p5gQWrZlYOULbi77gJ91Ou68XngK7LnbBDfBQiMTDDoq9eyBjqaAXny59wdkeSQVHcrzH3oAsrixHIvMhNgy5qAdbupnT6KNoYUNvuZd5jcJuAMFcEzsWB0OIYc8dLp7154B%2Ft%2FJLr2DiosyoFtdd70eoDY43rwF1RPEHWZHH2BqfdocDpMa%2FFyy5%2Fqaw%2BJt1DbV66gOFf0WiQtcI9%2Fayo%2F6RpSe1WFg82%2FvvgDuiande4fyKdCDHrd1Nd6gJR3e0U%3D&X-Amz-Signature=d34fd00023c693787847993807a1c9657ebe602e62bc4c59c1f3382dd9039e39&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Sworn_Statement.pdf%22&x-id=GetObject https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1706/21b95f41-9a6a-40e1-9c17-759523143e4a_REFERENCES.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4LPKOIHGJ%2F20240528%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240528T145643Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEHUaCXVzLXdlc3QtMiJIMEYCIQCBsJdErlZr4%2Fb6WttchAdNxNeORZE%2BmBtsWTrl%2BXG2CgIhALzVm7%2BigGwFyN2uC9%2BFgdwzd2kr%2FLCtTypNx3u0i4t6KowFCO7%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEQAhoMODkyMzY0Njg3NjcyIgz0szp38TLodDK8674q4ARHhwBAeVYQpPqCF3Pzzic4rEBsQTD2cmmE3UZAxFgFoeO%2FosRWUiptxifGdjNneKVALsB2gqu8IyVR%2F6Ueglv51xHyzbAlzA6fgaQyQ4kx6FyNUEnJUPvHybnx4OG8I6VurhRrS7kjuMZvH5KzsVENteJ%2Fag6e19p14MaWjNO25S1J%2B%2BZi6hy0YRgBNBqcd83vdCad9DISxBQ8gf0xgeBadBEbwQgAV%2F2kyx4ZCAUudNEbPgCbXhfY9lQGeRNzPCWv6duVyMguyKbM7mU8nTCbDTNIvXaw7RIDW21ucj2YEe9bOyv3gAxrg7C3bU2P0f0z2HOWmsWOkUeiEzhUnf%2F1lZAoCvTgzq3zk%2Fbivp2INsiTImSsUZAL3vVyWbe7pwjWSMOE1RpeKqjWcNMPORVd7ke3HPdxyjV2nmpg4LaPP6Wx5z32gokKOxoTia28Wt44NzE99wxPO0HwSeZ7rZWfRvYq%2Fn2c7JaxFIo2WqUXQO24C7lmQbI%2BR636CeiKIm2Vzj0AVq2Ck%2Bu69FzAEp4OPfBL6wBWPPgy6s0t7%2BwsM01ARm1EYBXke4%2B48eyVFmGVEEgJzFy25C7yDNzXOaqR6y1RrxhVcMzHFRY4xlqaRnhiT2yWCuvKGeJPImnppKSyo%2By3FYzwUznCqYl%2FY3Wixa8bIbvAFBksjH0bnHr55G2HrOjq%2BHdFLClJIeSn4llCsiv9aIfiYxx2N%2FBa%2FIDYjnjAH0RubdictGgSOKkBoCGqhHWZw9vnEUel5K8H8n0r8p5gQWrZlYOULbi77gJ91Ou68XngK7LnbBDfBQiMTDDoq9eyBjqaAXny59wdkeSQVHcrzH3oAsrixHIvMhNgy5qAdbupnT6KNoYUNvuZd5jcJuAMFcEzsWB0OIYc8dLp7154B%2Ft%2FJLr2DiosyoFtdd70eoDY43rwF1RPEHWZHH2BqfdocDpMa%2FFyy5%2Fqaw%2BJt1DbV66gOFf0WiQtcI9%2Fayo%2F6RpSe1WFg82%2FvvgDuiande4fyKdCDHrd1Nd6gJR3e0U%3D&X-Amz-Signature=8219a1f992161c791dd329e25a1d16fec96465fe73d81948f96defa9b9bca905&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22REFERENCES.pdf%22&x-id=GetObject…

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