For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/flaglercounty

County of Flagler

REQUEST FOR QUALIFICATION

26-RSQ-009

DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND

BRIDGE REPAIR AND MAINTENANCE PROJECTS

RELEASE DATE: May 7, 2026

RESPONSE DEADLINE: June 8, 2026, 2:00 pm

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

Request For Qualification #26-RSQ-009 Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

Table Of Contents

1. Advertisement

2. Scope of Services

3. Terms & Conditions

4. Special Conditions

5. Proposal Submittal and Requirements

6. Evaluation of Responses

7. Evaluation Criteria

8. Submittal Forms

9. Attachments/Exhibits

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

1. Advertisement

FLAGLER COUNTY ADVERTISEMENT

FOR REQUEST FOR STATEMENT OF QUALIFICATIONS (RSQ)

FOR

DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

26-RSQ-009

Flagler County (“County”), through its Engineering Department, Road and Bridge Division, is seeking to pre-qualify three (3) to four (4) qualified Design-Build Contractors to provide on-call, miscellaneous design-build services on an as-needed basis.

The intent of this Request for Statement of Qualifications (RSQ) is to establish continuing, indefinite-delivery / indefinite-quantity (IDIQ) design-build agreements to supplement the County’s in-house Road and Bridge staff for small to mid-scale transportation, drainage, bridge, and related infrastructure projects.

Selection under this RSQ will be based solely on qualifications. There is no guarantee of work or minimum contract value associated with these agreements.

The scope of work includes but is not limited to the following:

When project needs arise, the County will issue a project-specific scope of work, including design criteria package (if required), to a minimum of three (3) pre-qualified on-call Design-Build Contractors requesting fee proposals. A Work Authorization or Task Work Order will be issued to the lowest responsive and responsible proposer, consistent with County procurement policies and applicable Florida Statutes.

The selected Design-Build Contractor(s) shall furnish all labor, materials, equipment, tools, supervision, professional design services, construction services, and incidentals necessary to complete assigned projects.

Services may include, but are not limited to:

• Preliminary engineering and constructability reviews

• Surveying and geotechnical coordination (as required)

• Engineering design and preparation of construction documents

• Permitting and regulatory coordination

• Construction and installation activities

• Construction engineering and inspection support

• Project scheduling, cost estimating, and coordination

• Quality control and quality assurance

• Project documentation and close-out services

All work shall be performed in accordance with FDOT Standard Specifications, FDOT Design Standards, the Florida Greenbook, County standards, and all applicable local, state, and federal regulations.

Proposers shall provide documentation for FDOT Prequalification in the following work types:

Design-Build Contractors must demonstrate experience and capability in one or more of the following FDOT classifications of work, as applicable to assigned projects:

A. Bridge Deck Overlays

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

B. Bridge Painting

C. Cathodic Protection

D. Debris Removal (Emergency)

E. Drainage

F. Fencing

G. Flexible Paving

H. Grading

I. Grassing, Seeding, and Sodding

J. Guardrail

K. Hot Plant-Mixed Bituminous Course

L. Intermediate Bridges

M. Landscaping and Tree Removal

N. Pavement Markings

O. Portland Cement Concrete Paving

P. Roadway Signing

Q. Traffic Signal Work

R. Other Related Work Classes

The prequalification requirements may be met by either the Prime Contractor or a combination of Subcontractors to the Prime as part of a constructing team. Additional relevant FDOT or construction-related classifications are encouraged.

A Non-Mandatory Pre-Proposal Meeting for all interested parties will be held on Thursday, May 14, 2026 at 10:00 am in the Engineering Department conference room located at 1769 E. Moody Blvd, Building 2, Bunnell, FL 32110. Although the Pre-Bid Meeting is not mandatory, it will offer potential bidders the only opportunity to ask questions and discuss the project directly with staff.

Interested firms may secure required documents and all other pertinent information by visiting the website of OpenGov at https://procurement.opengov.com/portal/flaglercounty.

Interested firms are to submit a statement of qualifications to provide this service and/or product(s), please provide the requested information in this solicitation, complete the included forms, and submit these documents with your response through OpenGov Procurement, at https://procurement.opengov.com/portal/flaglercounty by the date and time posted. Bids must be received on or before Monday, June 8, 2026, at 2:00 pm (local time).

Statements of qualifications received after the specified date and time will not be accepted. Mailed, Faxed or E-mailed Bids will not be accepted.

Flagler County reserves the right to reject any and all statements of qualifications, to award all or segments of the potential scope of services, and to waive any informality in proposals received, all as may be in the best interest of the County.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

NOTICE TO BIDDERS/PROPOSERS

To ensure that your Statement of Qualifications is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is the Office of Procurement and Contracts. Please direct all questions to the Question and Answers section in OpenGov.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

2. Scope of Services

2.1. Scope of Services

Flagler County (“County”), through its Engineering Department, Road and Bridge Division, is seeking to pre-qualify three (3) to four (4) qualified Design-Build Contractors to provide on-call, miscellaneous design-build services on an as-needed basis.

The intent of this Request for Statement of Qualifications (RSQ) is to establish continuing, indefinite-delivery / indefinite-quantity (IDIQ) design-build agreements to supplement the County’s in-house Road and Bridge staff for small to mid-scale transportation, drainage, bridge, and related infrastructure projects.

Selection under this RSQ will be based solely on qualifications. There is no guarantee of work or minimum contract value associated with these agreements.

When project needs arise, the County will issue a project-specific scope of work, including a design criteria package (if required), to a minimum of three (3) pre-qualified on-call Design-Build Contractors requesting fee proposals. A Work Authorization or Task Work Order will be issued to the lowest responsive and responsible proposer, consistent with County procurement policies and applicable Florida Statutes.

PROGRAM DESCRIPTION

The Road and Bridge Division is responsible for the operation, maintenance, repair, and improvement of the County’s transportation infrastructure, including but not limited to:

• Approximately 124 miles of unpaved roads

• Approximately 106 miles of paved roads

• Approximately 45 miles of canals and drainage ditches

• 34 bridge structures

• Approximately 15 miles of sidewalks and shared-use paths

Projects delivered under these on-call agreements may include planning, engineering, permitting, design, construction, inspection, and construction administration, performed under a single design-build contract.

ANTICIPATED GENERAL DUTIES OF THE DESIGN-BUILD CONTRACTOR

Upon request by the County, the qualified Continuing Services Design/Build firms will submit a detailed proposal for consideration based upon a scope and/or design criteria package (if required) issued by the County. The final negotiated scope of professional services for the specified project is anticipated to include, but may not be limited to, the following:

The selected Design-Build Contractor(s) shall furnish all labor, materials, equipment, tools, supervision, professional design services, construction services, and incidentals necessary to complete assigned projects.

Services may include, but are not limited to:

• Preliminary engineering and constructability reviews

• Surveying and geotechnical coordination (as required)

• Engineering design and preparation of construction documents

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

• Permitting and regulatory coordination

• Construction and installation activities

• Construction engineering and inspection support

• Project scheduling, cost estimating, and coordination

• Quality control and quality assurance

• Project documentation and close-out services

All work shall be performed in accordance with FDOT Standard Specifications, FDOT Design Standards, the Florida Greenbook, County standards, and all applicable local, state, and federal regulations.

TYPICAL PROJECT TYPES

Projects assigned under this contract may include, but are not limited to, the following types of work:

• Roadway rehabilitation and resurfacing

• Unpaved road grading and stabilization

• Drainage improvements and culvert replacements

• Bridge maintenance, repair, and minor rehabilitation

• Sidewalk and shared-use path construction or repair

• Traffic control, signing, and pavement markings

• Guardrail installation and repair

• Canal and ditch cleaning and restoration

• Emergency response and recovery projects

Projects may vary in complexity and size and may be funded through County, State, or Federal sources.

TYPICAL PROJECT TYPES

Projects assigned under this contract may include, but are not limited to, the following types of work:

• Roadway rehabilitation and resurfacing

• Unpaved road grading and stabilization

• Drainage improvements and culvert replacements

• Bridge maintenance, repair, and minor rehabilitation

• Sidewalk and shared-use path construction or repair

• Traffic control, signing, and pavement markings

• Guardrail installation and repair

• Canal and ditch cleaning and restoration

• Emergency response and recovery projects

Projects may vary in complexity and size and may be funded through County, State, or Federal sources.

FDOT CLASSIFICATIONS OF WORK

Design-Build Contractors must demonstrate experience and capability in one or more of the following FDOT classifications of work, as applicable to assigned projects. These classifications may be held by the Prime Contractor or by approved subcontractors as part of the Design-Build Team:

A. Bridge Deck Overlays

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

B. Bridge Painting C. Cathodic Protection D. Debris Removal (Emergency) E. Drainage F. Fencing G. Flexible Paving H. Grading I. Grassing, Seeding, and Sodding J. Guardrail K. Hot Plant-Mixed Bituminous Course L. Intermediate Bridges M. Landscaping and Tree Removal N. Pavement Markings O. Portland Cement Concrete Paving P. Roadway Signing Q. Traffic Signal Work R. Other Related Work Classes

Additional relevant FDOT or construction-related classifications are encouraged

TYPICAL CONSTRUCTION SERVICES

Typical services performed under this contract may include, but are not limited to:

• Grading and repair of unpaved roads

• Asphalt repairs and pothole patching

• Culvert installation and replacement

• Minor bridge repairs and structural rehabilitation

• Canal and drainage ditch cleaning

• Guardrail repair and replacement

• Shoulder repairs and stabilization

• Sign maintenance, cleaning, and replacement

• Pavement striping and roadway markings

EMERGENCY AND TIME-SENSITIVE SERVICES

Contractors may be required to support the County during emergencies or disaster response events, including but not limited to:

• Hurricane preparation, response, and recovery

• Debris removal and roadway clearance

• Wildfire response support, including fire line construction

• Flood mitigation and emergency drainage repairs

• Temporary roadway stabilization and access restoration

Emergency work may be authorized on an expedited basis in accordance with County policies.

SUB-CONSULTANTS AND SUB-CONTRACTORS

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

Flagler County reserves the right to approve all sub-consultants for this contract. If sub-consultants and/or sub-contractors are to be utilized, their names and references must be included within this initial Statement of Qualifications. Responsibility for the performance of the contract remains with the prime Contractor exclusively.

Sub-consultants and sub-contractors may be added to this contract during the contract period only with PRIOR WRITTEN PERMISSION from Flagler County.

DELIVERABLES

All project design and construction documentation (e.g. design plans, permits, survey, as-builts, QC testing, etc.) relative to the assigned project work effort is to be provided to Flagler County throughout the project.

TASK ORDER PROCESS

Work shall be authorized only through written Task Work Orders issued by the County. Each Task Work Order will define the specific scope, schedule, and compensation. No work shall commence prior to written authorization.

NO GUARANTEE OF WORK

The County makes no representation or guarantee as to the number, size, or value of Task Work Orders issued under this RSQ. Selection as an on-call Design-Build Contractor does not guarantee the award of any specific project.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

3. Terms & Conditions

GOVERNING LAWS/RULES/REGULATIONS

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

AWARDS

Flagler County is seeking to contract with three (3) to four (4) Design/Build firms to provide services for various projects on an assigned, as-needed basis. Flagler County reserves the right to award to a greater number of firms at its discretion.

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

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

PROPOSERS RESPONSIBILITY

The Proposer, by submitting a Response, represents that:

• The Proposer has read and understands the Solicitation in its entirety and that the Response is made in accordance therewith;

• The Proposer possesses the capabilities, resources, and personnel necessary to provide efficient and successful service to the County;

• The Proposer has made all investigations and examinations necessary to ascertain site and/or local conditions and requirements affecting the full performance of the Agreement and to verify any representations made by Flagler County, Florida, upon which the Proposer will rely. If the Proposer receives an award because of its Response, failure to have made such investigations and examinations will in no way relieve the Proposer from its obligations to comply in every detail with all provisions and requirements of the Agreement, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim by the Proposer for additional compensation or relief; and,

• The Proposer will be held responsible for any and all discrepancies, errors, etc., in discounts or rebates which are discovered during the Agreement term or up to and including three (3) fiscal years following the County’s annual audit.

VENDOR’S PRODUCT OR SERVICES

The Proposer’s product (if applicable) delivered to the County shall be free of all liens, claims or encumbrances, and the Proposer warrants that it has a clear title to the product being delivered. If the Proposer is contracted to provide services, such services shall be fully satisfactory to the County as determined by the County. The Proposer shall provide the County with any data, reports or other information as required and requested by the County to enable it to utilize the product or service furnished by the Proposer. In furnishing the service or

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS product to the County, the Proposer shall comply with all federal, state, and county laws, rules, regulations and codes and their successors or amendments. Violation of such laws, rules, regulations and codes may be grounds for delaying or reducing the amount due, or in rescinding the contract, proposal or quote.

RESERVATION OF RIGHTS

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

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

UNIFORM COMMERCIAL CODE (APPLICABLE ONLY FOR THE PURCHASE OF GOODS)

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

FEDERAL AND STATE TAX

Flagler County is exempt from Federal and State Sales and Use Taxes for tangible personal property (Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida Sales/Use Tax Exemption Certificate). The Purchasing Department will provide an exemption certificate to the successful proposers.

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

AVAILABILITY OF PERSONNEL

Personnel described in the Statement of Qualifications shall be available to perform the services as described.

All personnel shall be considered to be, at all times, the employees, or agents of the Proposer, and not employees or agents of Flagler County.

ASSIGNMENT OF CONTRACT

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

TASK ORDER PROCESS

Work shall be authorized only through written Task Work Orders issued by the County. Each Task Work Order will define the specific scope, schedule, and compensation. No work shall commence prior to written authorization.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

NON-EXCLUSIVITY OF CONTRACT

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

NO GUARANTEE OF WORK

The County makes no representation or guarantee as to the number, size, or value of Task Work Orders issued under this RSQ. Selection as an on-call Design-Build Contractor does not guarantee the award of any specific project.

CANCELLATION

The contract with the successful Proposer may be terminated by the County without cause by giving a minimum of thirty (30) days written notice of intent to terminate. Contract prices must be maintained until the end of the thirty (30) day period. The County may terminate the contract at any time as a result of the Contractor’s failure to perform in accordance with these specifications and applicable contract. The County may retain/withhold payment for nonperformance if deemed appropriate to do so by the County.

AGREEMENT

The selected Proposer shall be expected to execute an agreement containing the terms and conditions herein.

Any exceptions to the terms and conditions contained herein must be identified and agreed upon as outlined herein before consideration of Statements of Qualifications.

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

FLORIDA PROMPT PAYMENT ACT

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

AVAILABILITY OF FUNDS

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

ADDITIONAL REQUIREMENTS

The County reserves the right to request additional services relating to this Agreement from the Contractor.

When approved by the County as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

NON-PERFORMANCE

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

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

PATENT/COPYRIGHT/TRADE SECRET (INDEMNIFY, DEFEND, HOLD HARMLESS)

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

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

PUBLIC RECORDS

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

• Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service, including but not limited to: correspondence, financial records, permits, and certifications; and

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

• 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

• Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Proposer upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.

All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County.

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

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING

TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (386)313-4005,

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

PUBLICRECORDS@FLAGLERCOUNTY.GOV, FLAGLER COUNTY BOARD OF COUNTY

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

32110.

AUDITABLE RECORDS AND RECORDS RETENTION

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

HOLD HARMLESS / INDEMNIFY

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

INDEMNIFICATION: (GENERAL LIABILITY)

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

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

DRUG-FREE WORKPLACE CERTIFICATION

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

PUBLIC ENTITY CRIMES

A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may mailto:PUBLICRECORDS@FLAGLERCOUNTY.GOV

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Proposer list.

CONFLICT OF INTEREST / STATEMENT OF NON-COLLUSION

The award hereunder is subject to Chapter 112, Florida Statutes. All Proposers must disclose with their Statement of Qualifications the name of any officer, director, or agent who is also an employee of the Flagler County Board of County Commissioners. Further, all Proposers must disclose the name of any Flagler County Board of County Commissioners employee who owns, directly or indirectly, an interest of five percent (5%) or more of the Proposer’s firm or any of its branches. The Proposer shall certify that he/she has not, either directly or indirectly, entered into any Contract, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the RSQ and that the Proposer is not financially interested in, or otherwise affiliated in a business way with any other Proposer on the same land or improvements.

TITLE VI / EEO

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

GRATUITIES AND KICKBACKS

Gratuities: It shall be unethical for any person to offer, give, or agree to give any Flagler County BCC employee or former Flagler County BOCC employee, or for any Flagler employee or former Flagler County BCC employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity to the County.

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

Kickbacks: It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier sub-contractor or any person associated therewith, as an inducement for the award of a subcontract or order.

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

Americans with Disabilities Act (ADA)

If you need special services provided for under the Americans with Disabilities Act, contact the ADA Coordinator in our Human Resources office at 386-313-4007 at least 48 hours before the scheduled event.

LITERATURE (if applicable)

If no particular brand, model or make is specified, Proposers shall submit with the RSQ two (2) copies of descriptive literature and technical data, fully detailing all features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the equipment, material, and/or services he proposes to furnish.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

LICENSES (if applicable)

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

COPIES

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

PROPRIETARY/RESTRICTIVE SPECIFICATIONS

Prospective proposers, who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must contact the Purchasing Division upon receipt of this Request for Statement of Qualifications and prior to Statements of Qualifications opening. Specifications which are unrelated to performance will be considered for deletion via addendum to this Request for Statement of Qualifications.

SUBCONTRACTING

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

SUCCESSORS AND ASSIGNS

The County and the Proposer each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the County nor the Proposer shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other.

Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the County which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and the vendor.

EMPLOYEES OF THE CONTRACTOR

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

CONFLICT OF INTEREST

No employee or officer of the County shall receive compensation from any entity doing business with Flagler

County, in accordance with Chapter 112, Florida Statutes and 23 CFR 172.

ALIEN WORKERS

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

Flagler County does not award publicly funded Contracts to those who knowingly employ unauthorized alien workers in violation of section 274A of the Immigration and Naturalization Act. 8 United States Code §132a.

Such employment deprives legal workers of job opportunities. Violation of section 274A shall be grounds for unilateral cancellation of the Contract, Agreement, Bid or Quote for purchase of services and goods by Flagler County.

E-VERIFY

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

INSURANCE REQUIRED

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

• All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the County.

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

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

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

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

Coverage Minimum Amounts and Limits A. Worker’s Compensation

Statutory requirements at Location of work

Employer’s Liability $ 100,000 Each Occurrence $ 500,000 Disease, Aggregate $ 100,000 Disease, Each

Employee B. Commercial General Liability

$ 2,000,000 General Aggregate

$ 1,000,000 Products-Comp. Ops Agg

$ 1,000,000 Each Occurrence $ 100,000 Fire Damage

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

$ 5,000 Medical Expense C. Automobile Liability $ 1,000,000 Combined Single

Limit (owned, hired and non-owned)

Option of Split Limits:

A. Bodily Injury $ 500,000 Per Person

$ 1,000,000 Per Accident B. Property Damage $ 500,000

D. Professional Liability $ 1,000,000 Per Claim (When Applicable) $ 1,000,000 Annual Aggregate

Insurance carrier(s) must have a minimum financial rating of A-. Coverage shall apply to the indemnity provided to Flagler County and shall include Flagler County its officers and employees, as additional insureds, as regards to liability arising out of Contractor's performance of the work or the work performed by others on behalf of Contractor under this Contract. The insurance afforded to the County shall state that it is primary insurance and shall provide for a severability of interest or cross-liability clause. Prior to entering into the Contract with the County, Contractor shall furnish County with Certificates of Insurance (identifying on the face thereof the Project name and Contract number) as evidence of the above required insurance and such Certificates shall include the following language: Flagler County BOCC as additional insured and an endorsement for which has been issued, subject to a requirement for recurring certificate of insurance every fifteen (15) days from the contract award date until, all obligations under the Contract/Agreement are completed.

Alternatively, in lieu of recurring certificates, The contractor or vendor may provide a certificate of insurance that contains a provision that coverage afforded under the policies will not be cancelled until at least thirty

(30) days prior written notice has been given to the County, except that in the event of cancellation for nonpayment of premium the County shall receive notice as prescribed by state law (10 days). The cancellation clause should read as follows: “Should any of the described policies be canceled or material modified before the expiration date thereof, the issuing company will mail 30 day prior written notice to the certificate holder named below, except that in event of cancellation for nonpayment of premium, the notice shall be 10 days unless a longer time is prescribed by Florida Statute.”

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

None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under the Contract.

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

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

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

4. Special Conditions

PRECEDENCE IN TERMS

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

PERIOD OF OFFER VALIDITY

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

ANTICIPATED SERVICES

The top ranked firm will submit a detailed scope of services based on the design criteria package issued by the County for consideration during negotiations for individual work authorizations under the service contract.

The negotiated scope of professional services for the specified project(s) may include, but may not be limited to, the scope of work discussed in section 6.

COMPENSATION

Compensation will be negotiated between the County and the awarded firm for individual assigned projects.

The County may elect to assign project to an alternate firm in the event that County and Consultant are unable to reconcile schedule and budget requirements.

The County may elect to provide compensation in the Lump-Sum or Unit Cost with maximum format.

Progress payments may be requested monthly. All invoices shall include the Purchase Order Number, the County Contract Number, name of the project, authorized amount, total of previous billings, current billing amount, and the amount remaining unbilled amount. In addition, a narrative summary of services provided, explanation of sub-consultant/subcontract expenses billed under the current billing amount, and all back-up documentation needed to confirm the appropriateness of the Consultant’s billing shall be provided.

The County’s normal payment procedures in accordance with the Florida Prompt Payment Act will be observed. No early payments shall be approved. No out-of-scope services shall be provided or compensated in the absence of prior, written authorization in the form of a supplemental agreement and issuance of an appropriate change order to the existing Purchase Order. The County will accept no obligation for any services provided which do not conform to this requirement.

SUB-CONSULTANTS

Flagler County reserves the right to approve all sub-consultants for this contract. If sub-consultants are to be utilized, their names and references must be included within this initial Statement of Qualifications.

Responsibility for the performance of the contract remains with the main Consultant exclusively. Sub-consultants may be added to this contract during the contract period only with PRIOR WRITTEN PERMISSION from Flagler County.

QUALIFICATIONS

The firm(s) must have engineers and other professional personnel that are registered and licensed in the State of Florida, qualified inspectors and other personnel as required to perform the duties necessary to complete the various services for this project.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

5. Proposal Submittal and Requirements

GENERAL

Each Proposer desiring to be considered for this Project is required to submit a Statement of Qualifications demonstrating their qualifications, availability, and past work of the firm, including the partners or members thereof, approach to perform the required scope of work, responsibilities, requirements, and approach to deliver the Project. The Statement of Qualifications shall include sufficient information to enable the County to evaluate the capability of the Proposer to provide the desired services. The data shall be significant to the types of projects listed and include innovative and practical processes, ideas and approaches.

Statement of Qualifications shall include all the information solicited in this RSQ, and any additional data that the Proposer deems pertinent to the understanding and evaluation of the Proposer. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited.

SUBMITTAL REQUIREMENTS

All Statement of Qualification documents shall be submitted through OpenGov and shall have the required signatures. The page limits for each section shall be as stated in each of the sections. A submittal returned without documents required by this RSQ may deem the offer non-responsive. Flagler County reserves the right to request additional information from any Proposer prior to the award.

In conjunction with other material and information requested in the RSQ, all Proposers responding to this solicitation shall provide a Statement of Qualification formatted in the following order:

COVER LETTER – provide a letter, on letterhead, not exceeding two (2) pages, which serves as a statement of interest and introduction to the submittal. If sub‐consultants are proposed, each sub‐consultant should provide a similar letter, not exceeding one (1) page from each sub‐consultant.

TABLE OF CONTENTS – outline in sequential order the areas of submittal. All pages, including enclosures, must be clearly and consecutively labeled and/or numbered and correspond to the Table of Contents.

TAB 1 – STATEMENT OF INTEREST AND INTRODUCTIONS

The responding firm (or the lead firm if sub‐consultants are proposed) will provide a letter, on letterhead, not exceeding two (2) pages, which serves as a statement of interest and introduction to the submittal. If sub‐ consultants are proposed, each sub‐consultant should provide a similar letter, not exceeding one (1) page from each sub‐consultant.

TAB 2 – COMPANY PROFILE AND HISTORY

Provide a brief narrative, not exceeding two (2) pages summarizing the corporate profile and history of the firm.

TAB 3 – COMPANY/FIRM QUALIFICATIONS, & CAPABILITIES

Provide a statement of the firm’s qualifications, ability, and capacity to perform the scope of work, not exceeding four (4) pages. This should include the firm’s qualifications and capacity to meet the needs of Flagler County. This may take the form of narrative or chart and may include pictures or graphics which describe the firm’s qualifications as well as the projected commitment of resources throughout the expected time frame for the project.

Within this section, please also include a list, table, or graphic along with a short narrative explanation depicting services or practice areas in which the firm/team has exceptional expertise in specific service(s) or niche practices.

Title: DESIGN-BUILD SERVICES ON AN AS-NEEDED BASIS FOR ROAD AND BRIDGE REPAIR AND MAINTENANCE PROJECTS

Include documentation confirming the firm is prequalified by the Florida Department of Transportation pursuant to Section 337.14, Florida Statutes, and Rule Chapter 14-22, Florida Administrative Code, to provide the necessary project services, as called for in the solicitation and Instructions to Proposers, should also be included in this section.

TAB 4 –QUALIFICATIONS & CAPABILITIES OF PROFESSIONAL PERSONNEL:

A. A description, not exceeding five (5) pages of the proposed project team. This description should provide the following:

o Names o Titles o Organization structure for the proposed project team o Firm names (if sub‐consultants are involved) o Clearly identify the proposed role in the project team for each person

B. For each person named, a brief description of qualifications, not exceeding a total of five (5) pages, shall include at minimum:

o The professional qualifications and experience for each person to be assigned a role in this project.

o A summary of experience on projects similar to that described by this RSQ for both the firm and proposed personnel to be assigned to this project.

o Resumes of the proposed personnel to be assigned to this project (to include years of experience and years with the company. Relevant Certifications (e.g. CTQP, ACI, MOT, etc.) and professional licenses (e.g. P.E., P.L.S., P.G., etc.) should be listed on resumes.

TAB 5 –APPROACH ON TYPICAL PROJECTS

Qualities and indicators that will generally receive consideration include the company’s performance in converting the Scope of Services into a work plan.