CR_191_Henry_Street_Sidewalk_Project_(FDOT-LAP)_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

25-019

CR 191 HENRY STREET SIDEWALK PROJECT (FDOT-LAP)

September 4, 2025

OWNER:

BOARD OF COUNTY COMMISSIONERS

SANTA ROSA COUNTY, FLORIDA

BOBBY BURKETT – DISTRICT I

KERRY SMITH – DISTRICT II

RHETT ROWELL – DISTRICT III

RAY EDDINGTON – DISTRICT IV

COLTEN WRIGHT – DISTRICT V

25-019

REQUEST FOR PROPOSALS

CR 191 HENRY STREET SIDEWALK PROJECT (FDOT-LAP)

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

I. NOTICE

II. STANDARD RFP INSTRUCTIONS, SUBMITTAL REQUIREMENTS, AND GENERAL

REQUIREMENTS

III. SCOPE OF WORK

IV. Evaluation Process Instructions

V. EVALUATION CRITERIA

VI. STANDARD INSURANCE REQUIREMENTS

VII. FEDERAL REQUIREMENTS

VIII. VENDOR QUESTIONNAIRE

Attachments:

A - Sample Contract

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1. NOTICE

1.1. Summary

MEMORANDUM

TO: Company Addressed DATE: Thursday, September 4, 2025

FROM: Santa Rosa County Procurement Office

SUBJECT: 25-019 CR 191 Henry Street Sidewalk Project (FDOT-

LAP)

Notice is hereby given that the Santa Rosa County Board of County Commissioners is requesting letters of response and statement of qualification submittals from professional engineering firms for the Design of CR 191 Henry Street

Sidewalk Project (FDOT-LAP).

All submissions shall be considered in accordance with the Florida Competitive Consultant Negotiations Act. (F.S.

287.055).

Specifications may be secured through the Santa Rosa County Procurement Portal at https://procurement.opengov.com/portal/santarosafl Questions concerning this request should be submitted through the procurement portal by 12:00 pm on Thursday, September 18, 2025.

Please submit all proposals through the procurement portal at https://procurement.opengov.com/portal/santarosafl by 10:00 am on Tuesday, October 7, 2025, at which time will be publicly opened via Teams.

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 for sound documented reasons, 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. STANDARD RFP INSTRUCTIONS, SUBMITTAL REQUIREMENTS, AND GENERAL

REQUIREMENTS

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

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2.1. PRE-PROPOSAL ACTIVITY

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

Administrator, Commissioners, and County staff, 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 submitted through the Procurement

Portal.

All questions or inquiries must be received by 12:00 pm on Thursday, September 18, 2025. Any addenda or other modification to the bid documents will be issued through the Procurement Portal, five (5) days prior to the date and time of bid closing.

Such 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 when submitting their bid. No respondent may rely upon any verbal modification or interpretation.

2.2. PREPARATION OF RFP

The respondent shall submit proposals in accordance with the public notice.

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.

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

A proposal 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.

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

2.3. SUBMITTAL OF PROPOSAL

Proposals shall be submitted no later than 10:00 am Central Standard Time (CST) on Tuesday, October 7, 2025. It is the respondent’s responsibility to assure that its proposal is submitted by the proper time and date through the

Procurement Portal.

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2.4. INTEGRITY OF PROPOSAL DOCUMENTS

Respondents shall use the original documents provided by the Santa Rosa County Procurement Office 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 bid. 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, through the Procurement Portal, 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, through the Procurement Portal, 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 Responders shall be bound by such Addenda whether received by the Responders.

2.7. PROPOSALS 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 response security prior to the end of this period.

2.8. CONDITIONAL & INCOMPLETE PROPOSALS

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

2.9. ADDITION/DELETION OF 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. FAMILIARITY WITH LAWS

All applicable Federal and State laws, County and municipal ordinances, orders, rules, and regulations of all authorities having jurisdiction over the project shall apply to the bid throughout, and they will be deemed to be included in the contract the same as though they were written in full therein.

2.11. EXAMINATION OF DOCUMENTS AND SITE

Before submitting their proposal, the Respondent shall familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. Respondent shall examine all Contract

Documents to be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract.

2.12. RIGHT TO REJECT PROPOSAL

The Owner reserves the right to waive informalities in bids to reject any or all proposals with or without cause and accept the proposal that in its judgment is in the best interest of the County.

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2.13. DISQUALIFICATION OF RESPONDENTS

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

• Submission of more than one proposal 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.

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

• Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. Default under previous contract.

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

2.14. 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, may not submit a response on a contract with 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.

2.15. REVIEW OF PROCUREMENT DOCUMENTS

Per Florida Statute 119.071 (1) 2, 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 responses, proposals, or final replies, whichever is earlier.

2.16. 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.

mailto:WANDAP@SANTAROSA.FL.GOV

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2.17. 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.

2.18. 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.

2.19. 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.

2.20. 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 bid package.

2.21. 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 as it relates to the project. The respondent shall furnish to the Owner any additional information and financial data for this purpose as the County may request.

2.22. FORM OF AGREEMENT

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

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

Office before the successful Consultant may proceed with the work.

3. SCOPE OF WORK

3.1. Qualifications

The Consultant shall be a licensed professional in accordance with Florida law and be familiar with all applicable laws, regulations, and codes of the USDOT, FDOT, other Florida State agencies, Northwest Florida Water

Management District (NWFWMD), and Santa Rosa County. FDOT pre-qualification of the Consultant is required. In

8 | P a g e determining qualifications, the County shall consider such factors as the ability of professional personnel, familiarity of federal-aid requirements, past performance, willingness to meet time and budget requirements, and recent, current, and projected competing project workload of the firm. Experience of engineers who would be assigned to this work shall include work experience with FHWA, FDOT, LAP and other grant-related projects. The Consultant shall be prequalified by the Florida Department of Transportation as defined in work groups 3.1, 4.1.2 and 8.2.

3.2. Design Services

The design phases for 60%, 90%, and Final Plans will be required to be submitted to the FDOT Electronic Review

Comments System, and the digital PDF plans will be emailed to the County project manager. The Consultant will be required to maintain access to the FDOT systems, including Electronic Review Comments, Equal Opportunity

Compliance, One Stop Permitting, etc. The Consultant will be required to upload submittals and provide comments/responses on plan submittals.

3.3. Surveying Services

The Consultant shall perform topographic surveying services and prepare survey deliverables required to complete design phase work along with other associated/related work. All surveys shall reference NAVD ’88 and the appropriate horizontal datum. The Consultant shall work with the County Survey to ensure the survey includes all necessary data for the design. Refer to the final plan submittal requirements or the survey deliverables.

3.4. Scope of Work

The project is for the Design of CR 191 Henry Street Sidewalk project (FDOT LAP Project), which includes the design activities of a new sidewalk along the east side of Henry Street from Municipal Drive to the south side of the

Simpson Bayou Bridge along with the design for a timber pedestrian bridge to cross Davison Bayou (Bridge No.

580025) and Simpson Bayou (Bridge No. 580024). The design will also include an inspection of the existing sidewalk located from Municipal Drive to the Davison Bayou Bridge. The existing sidewalk may need to be modified in order to meet the design requirements. The project consists of all necessary services for the construction of the sidewalks and pedestrian bridges.

The Consultant shall follow the standard engineering process to ensure that all required project components are included in the development of the Contract documents and the project can be built as designed and to specifications. The sidewalks and pedestrian bridges will be constructed within the existing right of way. The design shall be based on the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (“Florida Greenbook”), FDOT Design Manual (FDM), FDOT Design Standards, and the Manual on

Uniform Traffic Control Devices.

The Consultant is responsible for coordinating its design work with the utility providers that have existing and/or planned facilities within the project limits. Prior to the 60% Design Phase, the Consultant shall notify all utility providers that may have utilities within the project limits. The notification shall include a description of the project and an outline of the design schedule.

The Consultant shall demonstrate good project management practices while working on the project. Consultants are expected to know the laws and rules governing their professions and to provide services in accordance with current regulations, codes, ordinances, and recognized standards applicable to such professional services, permit requirements for federal, state, or local agencies, FDOT LAP regulations, and FHWA Federal Grant requirements.

Tasks may include, but are not limited to:

Attend other agency presentations/meetings

Conduct field reviews

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Professional survey services by a licensed Surveyor

Preparation of Plans, Specifications and Engineer’s reports

Develop cost estimates and project schedule

ERC (Electronic Review Comments) responses

Specification package preparation

Respond to design variation/exception requests

Prepare back of sidewalk profiles and elevations and typical sections

Prepare timber pedestrian bridge designs

Stormwater design & permitting (if required)

Design of retaining walls and handrails

Design of Signage and Pavement Marking

Utilities Coordination (Water, Sewer, Gas, Fiber, Electric, etc.)

Environmental assessments, investigations, permit acquisition, reports, and other environmental services as required.

3.5. Project Deliverables

The Consultant shall furnish 60%, 90%, and Final Plans in accordance with the schedule to be determined upon award of the Contract.

60% Design Submittal:

The consultant shall prepare 60% construction drawings, construction cost estimates, draft bid specifications, draft permit applications, preliminary utility conflict reports, and perform other associated/related work to reflect current conditions and scope.

90% Design Submittal:

The consultant shall prepare 90% construction drawings, construction cost estimate, bid specifications, clear letters, construction checklist, and copies of submitted permit applications and perform other associated/related work, incorporating County and FDOT comments and changes requested during the 60% design phase.

Final Design Documents

Consultant shall prepare final, signed and sealed construction drawings along with a final engineer’s estimate of probable construction cost, final technical specifications package, final signed clear letters, final construction checklist, approved permits, final utility conflict report, and perform other associated/related work, incorporating

County and FDOT comments and changes requested during the 90% design phase. The consultant shall also provide the design files in AutoCAD format, signed/sealed survey in pdf format, survey report, field notes, raw data, and point files.

3.6. Project Schedule

60% Submittal: Due one hundred twenty (120) days from contract award

90% Submittal: Due ninety (90) days from the 60% plan submittal

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Final Submittal: Due sixty (60) days from the 90% plan submittal

4. Evaluation Process Instructions

4.1. STAFF EVALUATION AND SHORTLISTING

Santa Rosa County reserves its right to reject any or all Responses, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Bids. The County further reserves the right to reject the Response of any

Responder whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating Responses, the County may consider the qualifications of Responders and may consider the qualifications and experience of

Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted with the Response.

4.2. EVALUATION METHOD AND CRITERIA

All proposals will be subject to review and an evaluation process. All proposers responding to the Request for

Qualifications (RFQ), who meet the requirements, will be ranked in accordance with the criteria established in these documents. The County will consider all responsive and responsible proposals received meeting the requirements of the RFQ.

Proposals shall include all the information solicited in this RFQ, and any additional data that the Consultant deems pertinent to the understanding and evaluating of the proposal. Each proposer will be ranked based on the criteria herein addressed.

Proposals will be reviewed by the selection committee and evaluated based on the format and content outlined in this proposal.

4.3. SELECTION

County Staff will review the information submitted and score each firm based on the evaluation guideline provided in the RFQ and provide a shortlist of the top three firms. Once the final ranking is complete, the top-ranked firm will be presented to the Board of County Commissioners for final approval. Should a tie occur, an alternate committee member will be asked to evaluate the firms based on the submitted proposals. The alternate score will be the tie-breaker.

If the Board of County Commissioners concurs with the staff recommendation, the firm name with the required selection documentation will be forwarded to FDOT for approval of the selected firm. Should FDOT concur with the

Board’s recommendation, contract price negotiations will begin between the selected firm and Santa Rosa County.

Santa Rosa County shall provide notice of a decision or intended decision concerning a solicitation, contract award, or exceptional purchase by Board of County Commissioner Agenda posting. The notice shall contain the following statement: “Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.”

5. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

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1. Company Profile

Respondent shall provide a brief profile of their company, which should include their firm's legal name and type of ownership; length of company's existence; locations of their parent company, branch or subsidiary and proposed project team including any sub-consultants, and availability of adequate personnel.

Points Based 10 (10% of Total)

2. Qualifications of Key Personnel

Identify the roles and responsibilities of the proposed key personnel and include everyone's experience and qualifications. Identify sub-consultant(s) that may be used for the project. Include resumes for each team member involved with the project. Show the current workload of available personnel and hours projected on this project.

Points Based 20 (20% of Total)

3. Approach to Project and Understanding

Describe your understanding of the project scope and requirements necessary for the proper completion of the work proposed.

Describe your proposed approach in delivering the requirements of the Scope of Services for this project, how the firm will monitor the project schedule, and how the firm will communicate throughout the life of the project. Provide the firm's Quality

Assurance/Quality Control program, which details the system used to ensure quality products.

Points Based 30 (30% of Total)

4. Project Timelines

Provide a tentative project sheudle and how the firm will monitor the project schedule to ensure project delivery with the allotted contract time.

Points Based 20 (20% of Total)

5. Similar Project Experience and References

Provide five (5) projects that demonstrate experience with a similar scope of work and complexity to this project, including experience on LAP projects. A reference list for each project is required, including the name of the client contact familiar with the project, project name, telephone number and/or email address, brief description of the project, actual cost, and project length.

Points Based 20 (20% of Total)

6. STANDARD INSURANCE REQUIREMENTS

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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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6.1. Additional Insurance Required

The following outlines additional insurance coverage requirements, along with their minimum limits, for the given project. This coverage is in addition to the standard requirement.

General Requirements:

a. Carrier rating shall be A.M. best rating of B++V or better.

b. Notice of Cancellation, Non-Renewal, or material change in coverage shall be provided to Santa

Rosa County at least 30 days prior to action.

c. Santa Rosa County shall be named as additional insured on all policies except Workers'

Compensation.

6.2. Professional Liability

Professional Liability $1,000,000 Per Occurrence

7. FEDERAL REQUIREMENTS

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

7.1. Misc. Federal Requirements

All respondents should be aware that some federal funds may be utilized int he 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.

7.2. 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;

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b) Fails to meet reasonable contract performance requirements; or

c) Is only available at an unreasonable price.

7.3. 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.

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.

7.4. 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.

7.5. Special Conditions – Additional Federal Requirements

As some or all of the Services to be provided under this Agreement may be funded with federal funds. Contractor agrees to adhere to the required additional federal requirements set forth in Attachment “E” and incorporated herein by reference.

7.6. Grant or Agreement Requirements

Through the course of this Agreement the County may be awarded state or federal grants that may fund some or all of the Services to be provided under this agreement. Contractor will be provided a copy of the executed grant agreement should one be awarded for all or part of the project and agrees to comply with all the requirements of the grant agreement.

7.7. Access to Records. The following access to records requirements apply to this contract

1. The Contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

http://www.sam.gov/

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2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. In compliance with the Disaster Recovery Act of 2018, the (write in name of the non- federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.

This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-

Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

7.8. 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 of requirements at the time of contract award. Noncompliance will result in no award of contract for this submission.

7.9. 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.

7.10. Domestic preference

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

7.11. Contract with the Enemy

In accordance with 2CFR 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.

7.12. 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

16 | P a g e 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 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.

7.13. 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 int he 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 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 such services or employment. Santa Rosa County reserves the right to request documentation shoeing compliance with the requirements.

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.

7.14. Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C. § 50101.

Executive Order 14005)

Applies to purchases of iron, steel, manufactured products and construction materials permanently incorporated into infrastructure projects, where federal grant funding agency requires it or if the grant funds which may come from any federal agency, but most commonly: the U.S. Environmental Protection Agency (EPA), the U.S. Federal

Transit Administration (FTA), the US Federal Highway Administration (FHWA), the U.S. Federal Railroad

Administration (FRA), Amtrack and the U.S. Federal Aviation Administration (FAA). Requirement: All iron, steel, manufactured products and construction materials used under a federally grant funded project must be produced in the United States. Additional requirements may apply depending on the Federal Granting Agency provisions.

Proposers shall be required to submit a completed Buy America Certificate with this procurement, an incomplete certificate may deem the proposer’s submittal non-responsive.

7.15. Equal Employment Opportunity (2 CFR Part 200, Appendix II(C); 41 CFR § 61-1.4; 41 CFR 61-4.3; Executive Order 11246).

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, 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 identify, 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.

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(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 considerations for employment without regard to race, color, religion, sex, or national origin.

(3) The Contractor will send to each labor union or representative of workers with which it 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.

(4) 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.

(5) 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.

(6) 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.

(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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.

7.16. LENGTH OF SERVICE

The Consultant's engineering design services shall begin upon written Notice to Proceed (NTP) by the County with the design schedule not to exceed 210 days. It is anticipated that the NTP will be issued by November 17, 2025. It is projected that all work will be completed by June 17, 2026.

7.17. TERMS FOR FEDERAL AID CONTRACTS

For this FDOT assisted contract, the Terms for Federal Aid contracts (FDOT Form 375-040-84) shall be incorporated into the final agreement. These include, but are not limited, to mandatory nondiscrimination clauses required for compliance with Title VI of the Civil Rights Act of 1964 and other federal and state authorities. The Prime

Consultant will be responsible for including these terms in any sub-consultant contracts used for the project.

7.18. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

For this FDOT assisted contract, Santa Rosa County has adopted the FDOT DBE Program goal. The FDOT began its race-neutral DBE program on January 1, 2000, and has an overall 10.54% goal it must achieve. While the utilization is not mandatory to be awarded the contract, continuing utilization of DBE firms on contracts supports the success

18 | P a g e of Florida's Race-Neutral DBE Program and supports contractor's Equal Employment Opportunity and DBE

Affirmative Action Programs.

The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non-DBEs. You must complete the Bidders

Opportunity List through the Equal Opportunity Compliance system within three (3) business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted to you for a specific project for this letting. The web address to the Equal Opportunity Compliance system is:

https://fdotwp1.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOpportunity

7.19. CONFLICT OF INTEREST

Any County employee, Board member or member of his or her immediate family seeking to contract with the

County shall seek a conflict of interest opinion from the County Attorney or his designated representative prior to submittal of a response or application of any type to contract with the County. The affected employee or Board member shall disclose his or her assigned function within the County and interest or the interest of his or her immediate family in the proposed Contract and the nature of the intended Contract. Florida Statutes 112.313(12)

Standards Of Conduct For Public Officers, Employees Of Agencies, And Local Government Attorneys controls contracting with County employees or board members, and provides directions accordingly.

7.20. PROHIBITED INTERESTS

Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the

Recipient, the Recipient, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the

Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any

Project, and shall require its contractors to insert in each of their subcontracts, the following provision:

"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.

7.21. RATES

Consultant shall provide an FDOT Pre-Qualification Letter showing indirect cost rate established by audit report. This letter will be used for comparison to the consultants fee proposal rates and Automated Fee Proposal

Spreadsheet for a determination of allowable costs in accordance with the Federal cost prinicples. This letter WILL

NOT be published. Consultant shall provide calculations per worker to show how the loaded rates are calculated prior to conclusion of fee negotiations. Consultant will fill out Automated Fee Proposal Spreadsheet (AFP) and provide to County with Audit Package. The AFP can be found at https://www.fdot.gov/procurement/formmenu.shtm https://fdotwp1.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOpportunity https://www.fdot.gov/procurement/formmenu.shtm

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7.22. PERFORMANCE EVALUATIONS

Recipients are evaluated on a…