ITB_PW_44-26.Final.pdf

INVITATION TO BID (ITB) & RESPONDENT’S ACKNOWLEDGEMENT

ISSUE DATE: MARCH 30, 2026

LAST DAY FOR QUESTIONS: APRIL 15, 2026 @ 3:00 PM

ITB OPENING DATE & TIME: APRIL 29, 2026 @ 3:00 PM

NOTE: BIDS RECEIVED AFTER THE BID OPENING DATE & TIME WILL NOT BE CONSIDERED.

Okaloosa County, Florida solicits your company to submit a bid on the above referenced goods or services.

All terms, specifications and conditions set forth in this ITB are incorporated into your response. A bid will not be accepted unless all conditions have been met. All bids must have an authorized signature in the space provided below. All bids must be submitted electronically by the time and date listed above. Bids may not be withdrawn for a period of ninety (90) days after the bid opening unless otherwise specified.

RESPONDENT ACKNOWLEDGEMENT FORM BELOW MUST BE COMPLETED, SIGNED, AND RETURNED AS

PART OF YOUR BID. BIDS WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED

AGENT OF THE RESPONDENT.

COMPANY NAME

MAILING ADDRESS

CITY, STATE, ZIP

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN): CAGE CODE

TELEPHONE NUMBER EXT:

FAX: EMAIL:

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER RESPONDENT SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS BID AND CERTIFY

THAT I AM AUTHORIZED TO SIGN THIS BID FOR THE RESPONDENT.

AUTHORIZED SIGNATURE: PRINTED NAME:

TITLE: DATE:

RESPONSE DOCUMENT #1: ITB RESPONDENT’S ACKNOWLEDGEMENT

ITB TITLE:

ITB NUMBER:

Road Preservation Program ITB PW 44-26

NOTICE TO RESPONDENTS

ITB PW 44-26

Road Preservation Program

Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept sealed bids until April 29, 2026 @ 3:00 PM (CST) for the Road Preservation Program.

Interested respondents desiring consideration shall submit their response online at OpenGov through the link provided below:

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

Unless otherwise stipulated in the bid/bid description, all responses must be submitted using OpenGov only. No other means of submission of responses will be accepted. Responses will be accepted by OpenGov until April 29, 2026 @ 3:00 PM (CST), at which time all timely submitted bids will be opened and reviewed.

The County reserves the right to award the bid to the lowest responsive respondent and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting Agreement that is in its best interest, and its decision shall be final.

For solicitation information, please contact:

CeCelia VandenBroeck Contracts & Lease Coordinator cvandenbroeck@myokaloosa.com 850-689-5960

DeRita Mason Purchasing Manager

OKALOOSA COUNTY

BOARD OF COUNTY COMMISSIONERS

ROBERT A. “TREY” GOODWIN, III, CHAIRMAN

https://procurement.opengov.com/portal/myokaloosa mailto:cvandenbroeck@myokaloosa.com

SPECIFICATIONS

Road Preservation Program

SCOPE OF WORK:

1. Purpose & Objectives Provide cost-effective pavement preservation to extend service life, improve surface condition, and maintain functional performance of asphalt roadways. Work will focus on low-to-moderate distress pavements (e.g., PCI ≥ [70]) where structural capacity is adequate. This will be a Task Order Driven Contract.

Program goals:

• Seal surface and longitudinal/transverse cracks to prevent water intrusion.

• Restore surface texture for skid resistance and ride quality.

• Arrest raveling and oxidation; delay need for mill & overlay.

• Minimize disruption to residents and businesses.

2. Project Limits & Assets

• Network: Local/residential, collectors, minor arterials.

• Constraints: School zones, peak-hour restrictions, special event moratorium dates.

3. Existing Conditions & Pre-Work

• Contractor shall complete pre-construction inspection and submit a Pre-Work Condition Report including: pavement photos, typical distresses, recommended treatment matrix, and traffic control approach.

• Okaloosa County/Public Works Dept. may supply PCI/condition data; contractor to field-verify suitability.

• Utilities: Coordinate with Sunshine 811; protect underground and surface assets.

4. Preservation Treatments (Select/Combine as Directed)

• The Okaloosa County/Public Works Dept. may issue Task Orders authorizing one or more treatments per segment.

4.1 Crack Sealing

• Material: Hot-applied polymer-modified asphalt sealant meeting ASTM D5329 & D6690 Type II/IV equivalent.

• Prep: Router/crack saw to 1/2" × 1/2" (typ.), clean with compressed air; remove debris; dry substrate.

• Application: Overband ≤ 1.5" width; squeegee flush; blot if tracking risk.

• Temperature: Per manufacturer; do not apply on wet pavement or < [40°F] rising.

• Acceptance: Full crack fill, bond, no pull-outs, overband smooth, no tripping hazard.

4.2 Fog Seal / Rejuvenating Seal

• Material: Diluted asphalt emulsion (CSS-1h or accepted rejuvenator per manufacturer).

• Rate: [0.10–0.20] gal/SY residual, adjusted to texture and climate.

• Prep: Power broom; remove vegetation; mask utility covers; protect gutters and thermoplastic.

• Traffic Return: Typically 2–8 hours; apply sand blotter if tracking occurs.

• Acceptance: Uniform coverage, no streaking/bleeding; macrotexture retained; friction maintained.

4.3 Scrub Seal (Optional)

• Material: Polymer-modified emulsion; scrub broom train to drive emulsion into cracks.

• Aggregate: Clean, durable, [#8–#10] or specified gradation; rate [12–22] lb/SY.

• Finish: Roll, sweep, and optional fog seal.

• Acceptance: No flushing; complete embedment; minimal loose aggregate after sweeping.

4.4 Chip Seal / Single or Double (Optional)

• Binder: PM emulsion or hot-applied binder per spec; shot rate [0.30–0.45] gal/SY.

• Aggregate: Single sized, clean, cubical; meet LA Abrasion/Flakiness limits; rate [18–25] lb/SY.

• Rolling: Minimum 3 passes pneumatic-tire rollers; sweep after set and next day.

• Acceptance: ≤ [2]% loose aggregate after second sweep; binder coverage 50–70%; no streaking.

4.5 Micro-surfacing / Slurry Seal (Optional)

• Type: Type II (residential) / Type III (collectors/arterials); machine-mixed and placed.

• Rate: [12–20] lb/SY dry aggregate; thickness [3/8"–1/2"] in a single pass (Type III may require multiple).

• Cure/Traffic: As per conditions; pilot car if needed.

• Acceptance: Smoothness, texture, joints, edges true; no segregation or delamination.

4.6 Cape Seal (Chip + Micro/Slurry) (Optional)

• Apply chip seal; sweep; follow with micro/slurry to lock in aggregate and improve ride.

• Acceptance: Composite system meets friction and texture targets; no bleeding.

5. Pavement Markings & Signage

• Temporary Traffic Control: Per MUTCD and FDOT Standard Plans.

6. Traffic Control & Public Notification

• MOT Plan: Submit site-specific Maintenance of Traffic (MOT) plan per MUTCD and FDOT Standard

Plans (Index 600 series).

• Work Hours: [e.g., 8:00 AM–5:00 PM, Mon–Fri]; no work during rain or on federal holidays.

• Resident/Business Notices: Door hangers or mailers 48 hours prior; social post and website notice;

re-notice after weather delays.

• Access: Maintain local access; coordinate with schools, transit, and emergency services.

7. Environmental & Stormwater

• NPDES Compliance: Prevent discharge of materials into storm drains or waterways; install BMPs (covers, berms).

• Spill Prevention: Spill kits on site; immediate cleanup; report per local regs.

• Waste Handling: Sweep and collect loose aggregate; dispose at approved facilities.

8. Quality Assurance / Quality Control (QA/QC)

• Submittals (Materials & Mix Designs): Manufacturer product data, safety data sheets, job mix formulas, certificates of compliance.

• Field Controls:

o Ambient: Temperature, humidity, wind (record daily).

o Surface: Moisture test; sand-patch macrotexture where applicable.

o Application Rates: Measure binder and aggregate (truck tickets; calibrated equipment).

o Cores (for thin overlays) or bond tests (for micro-surfacing) as directed.

o Friction/Skid: Post-treatment testing (e.g., ASTM E274 or portable DFT/SRT if agency standard).

• Inspection Hold Points: Pre-pave surface prep; first article placement; daily startup.

9. Acceptance Criteria

• Workmanship: Uniform appearance; clean joints and edges; no streaking, flushing, or delamination.

• Performance:

o Crack seal: ≥ [95]% of mapped cracks treated; bond intact after 14 days.

o Micro/slurry/chip/scrub/fog: Coverage at specified rates

• Deficiencies: Contractor shall correct at no additional cost within [10] business days.

10. Warranty & Performance Period

• Warranty:

o Crack sealing & fog: 1 year against loss of adhesion, excessive tracking, or failure.

o Micro-surfacing/slurry/chip/scrub/cape: 2 years against raveling, delamination, flushing.

• Exclusions: Damage from utility cuts, overweight loads, flooding, or subsequent construction.

11. Schedule & Coordination

• Baseline Schedule: Submit within 10 calendar days of NTP; include sequencing by street group.

• Weather Days: As determined by Okaloosa County/Public Works Dept..

• Coordination: Sunshine 811 locates; school calendars; special events; garbage collection.

12. Measurement & Payment (Unit Price)

• Crack Seal: LF of crack sealed (mapped + measured); includes routing, cleaning, sealant, traffic control.

• Fog/Rejuvenator: SY treated; includes sweeping and blotting if needed.

• Scrub/Chip/Micro/Slurry/Cape: SY placed; includes binder, aggregate, rolling, sweeping, and fog (if included).

• MOT: LS per task order

• Mobilization: LS (≤ [5–10]% of total).

• Notification & Sweeping: Incidental unless otherwise specified.

• As-Builts/GIS: LS deliverables/if applicable

13. Submittals & Deliverables

• Pre-Construction: MOT plans; mix designs; calibration reports; schedule; product data; safety plan.

• During Construction: Daily reports (locations, quantities, weather, issues); truck tickets; QA logs.

• Close-Out: As-built limits (GIS shapefiles or PDFs), final quantities, warranties, photos, friction test results, and Post-Construction Condition Report.

14. Safety

• Comply with OSHA, MUTCD, FDOT, and local ordinances.

• PPE, equipment guards, hot-material handling procedures, and night-work lighting (if applicable).

• Maintain emergency access at all times.

15. Okaloosa County/Public Works Dept. Rights Okaloosa County may add/remove streets, adjust quantities, or direct treatment substitution based on field conditions and budget, at unit prices bid. Task Orders will define specific locations and treatments.

TERM AND RENEWAL:

The term of this Agreement shall begin on once all parties have signed and continue for three (3) years. This Agreement may be renewed upon mutual written agreement of the parties up to two (2), one (1) year renewals..

Attachment “B”

GENERAL SERVICES INSURANCE REQUIREMENTS FOR CONSTRUCTION

CONTRACTORS’ INSURANCE

1. The Contractor shall not commence any work in connection with this Agreement until he has obtained all required insurance and the certificate of insurance has been approved by the Okaloosa County Risk Manager or designee.

2. All insurance policies shall be with insurers authorized to do business in the State of Florida.

3. All insurance shall include the interest of all entities named and their respective officials, employees & volunteers of each and all other interests as may be reasonably required by Okaloosa County. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis.

The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance.

4. With the exception of Workers’ Compensation policies and Professional liability, the County shall be shown as an Additional Insured with Endorsement for each policy on the Certificate of Insurance.

5. The County shall retain the right to reject all insurance policies that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-days prior written notice to the Respondent.

6. The County reserves the right at any time to require the Contractor to provide copies of any insurance policies to document the insurance coverage specified in this Agreement.

7. The designation of Respondent shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage.

8. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this agreement shall be deemed unacceptable and shall be considered breach of contract.

WORKERS’ COMPENSATION INSURANCE

1. The Contractor shall secure and maintain during the life of this Agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County, the Contractor shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished to the County not less than ten (10) days prior to the commencement of any and all sub-contractual Agreements which have been approved by the County.

2. Contractor must be in compliance with all applicable State and Federal Worker’ Compensation Laws, including the U.S. Longshore Harbor Workers’ Act or Jones Act, if applicable.

3. No class of employee, including the Respondent himself, shall be excluded from the Workers’ Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer’s Liability coverage and a Waiver of Subrogation in favor of the County on the Certificate of Insurance. If there is an existing approved State of Florida Exemption for Workers’ Compensation it must be provided to Okaloosa County.

BUSINESS AUTOMOBILE LIABILITY

Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage. If the contractor does not own vehicles, the contractor shall maintain coverage for Hired & Non-owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Policy. Contractor must maintain this insurance coverage throughout the life of this agreement.

COMMERCIAL GENERAL LIABILITY INSURANCE

1. The Contractor shall carry Commercial General Liability insurance against claims for Bodily Injury, Property Damage and Personal and Advertising Injury liability caused by the Contractor.

2. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claims-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement (Project Aggregate). If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the Contractor shall notify the County representative in writing. The Contractor shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement.

3. Commercial General Liability coverage shall be endorsed to include the following:

1.) Premises – Operation Liability 2.) Occurrence Bodily Injury and Property Damage Liability 3.) Independent Contractor’s Liability 4.) Completed Operations and Products Liability

4. Contractor shall agree to keep in continuous force Commercial General Liability coverage including Completed

Operations and Products Liability for the length of project.

INSURANCE LIMITS OF LIABILITY

The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer’s liability with limits as prescribed in this contract:

LIMIT

1. Workers’ Compensation a.) State Statutory b.) Employer’s Liability $500,000 each accident

2. Business Automobile $1,000,000 each accident (A combined single limit)

3. Commercial General Liability $1,000,000 each occurrence for Bodily Injury & Property Damage $1,000,000 each occurrence for

Products and Completed Operations

5. Personal and Advertising Injury $1,000,000 each occurrence

NOTICE OF CLAIMS OR LITIGATION

The Contractor agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the Respondent’s knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the Respondent becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification.

INDEMNIFICATION & HOLD HARMLESS

To the fullest extent permitted by law, Respondent shall indemnify and hold harmless the County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or wrongful conduct of the Respondent and other persons employed or utilized by the Respondent in the performance of this contract.

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

CERTIFICATE OF INSURANCE

1. Certificates of Insurance indicating the project name, number, evidencing all required coverage, and if applicable any

State of Florida approved Workers’ Compensation Exemption must be submitted not less than 10 days prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County BCC, 5479-A Old Bethel Rd, Crestview, Florida, 32536.

2. The Contractor shall provide a Certificate of Insurance to the County with a thirty (30) day prior written notice of cancellation; ten (10) days’ prior written notice if cancellation is for nonpayment of premium).

3. In the event the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the contractor to provide the proper notice. Such notification shall be in writing by registered mail, return receipt requested, and addressed to the Okaloosa County Purchasing Department at 5479-A Old Bethel Road, Crestview, FL 32536.

4. In the event the contract term goes beyond the expiration date of the insurance policy, the contractor shall provide the

County with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The County reserves the right to suspend the contract until this requirement is met.

5. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claim made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior.

6. All certificates shall be subject to Okaloosa County’s approval of adequacy of protection.

7. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Respondent’s full responsibility. In particular, the Respondent shall afford full coverage as specified herein to entities listed as Additional Insured.

8. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR.

GENERAL TERMS

Any type of insurance or increase of limits of liability not described above which, the Respondent required for its own protection or on account of statute shall be its own responsibility and at its own expense.

The carrying of the insurance described shall in no way be interpreted as relieving the Respondent of any responsibility under this contract.

Should the Respondent engage a subcontractor or sub-subcontractor, the same conditions will apply under this Agreement to each subcontractor and sub-subcontractor.

The Respondent hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the Respondent under all the foregoing policies of insurance.

UMBRELLA INSURANCE

The Respondent shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this Agreement.

GENERAL BID CONDITIONS

1. PRE-BID ACTIVITY -

ADDENDUM - Except as provided in this section, Respondents are prohibited from contacting or lobbying the County, County Administrator, Commissioners, County staff, and Selection Committee members, or any other person authorized on behalf of the County related or involved with the solicitation.

All questions or inquiries must be received no later than the last day for questions (reference ITB & Respondent’s Acknowledgement form). Any addenda or other modification to the ITB documents will be issued by the County five (5) days prior to the date and time of closing, as a written addenda distributed to all prospective Respondents by posting to the OpenGov following website:

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

2. PREPARATION OF BID – The bid form is included with the bid documents. Additional copies may be obtained from the County. The respondent shall submit bids in accordance with the public notice.

All blanks in the bid documents shall be completed by printing in ink or by typewriter in both words and numbers with the amounts extended, totaled and the bid signed. A bid price shall be indicated for each section, bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered. No changes shall be made to the phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the numerical figures, the written amount shall govern. Any bid 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 inviting bids may be rejected.

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

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

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

A bid submitted by a joint venture shall be executed by each joint venture in the manner indicated on the bid form. The official address of the joint venture must be shown below the signature.

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

If the respondent is an out-of-state corporation, the bid shall contain evidence of respondent’s authority and qualification to do business as an out-of-state corporation in the State of Florida. A state contractor license # 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.

3. INTEGRITY OF BID DOCUMENTS - Respondents shall use the original Bid documents provided by the

Purchasing Department and enter information only in the spaces where a response is requested. Respondents may use an attachment as an addendum to the Bid documents if sufficient space is not available. Any modifications or alterations to the original bid documents by the respondent, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modification or alteration that a respondent wish to propose must be clearly stated in the respondent’s response in the form of an addendum to the original bid documents.

4. SUBMITTAL OF BID – A bid shall be submitted electronically no later than the date and time prescribed on the Notice to Respondents. The responses submitted should be one (1) completed document, unless otherwise specified in the document.

5. MODIFICATION & WITHDRAWAL OF BID - A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a bid must be executed and delivered to the place where bids are to be submitted prior to the date and time for the opening of bids.

If within 24 hours after bids are opened any respondent files a duly signed written notice with the County and promptly thereafter demonstrates to the reasonable satisfaction of the County that there was a material substantial mistake in the preparation of its bid, that respondent may withdraw its bid, and the bid security may be returned. Thereafter, if the work is rebid, that respondent will be disqualified from 1) further bidding on the work, and 2) doing any work on the contract, either as a subcontractor or in any other capacity.

6. BIDS TO REMAIN SUBJECT TO ACCEPTANCE – All bids will remain subject to acceptance or rejection for ninety (90) calendar days after the day of the bid opening, but the County may, in its sole discretion, release any bid and return the bid security prior to the end of this period.

7. IDENTICAL TIE BIDS - – In cases of identical procurement responses, the award shall be determined either by lot or on the basis of factors deemed to serve the best interest of the County. In the case of the latter, there must be adequate documentation to support such a decision.

8. CONDITIONAL & INCOMPLETE BIDS - Okaloosa County specifically reserves the right to reject any conditional bid and bids which make it impossible to determine the true amount of the bid.

9. PRICING – The bid price shall include all equipment, labor, materials, freight, taxes etc. Okaloosa County reserves the right to select that bid most responsive to our needs.

10. ADDITION/DELETION OF ITEM – The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County’s best interest.

11. SPECIFICATION EXCEPTIONS – Specifications are based on the most current literature available.

Respondent shall clearly list any change in the manufacturer’s specifications which conflict with the bid specifications. Respondent must also explain any deviation from the bid specification in writing, as a foot note on the applicable bid page and enclose a copy of the manufacturer’s specifications data detailing the changed item(s) with their bid. Failure of the respondent to comply with these provisions will result in respondents being held responsible for all costs required to bring the equipment in compliance with bid specifications.

12. APPLICABLE LAWS & REGULATIONS – 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.

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 bid:

a. Submission of more than one proposal for the same work from an individual, firm or corporation under the same or different name.

b. Evidence that the respondent has a financial interest in the firm of another respondent for the same work.

c. 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.

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

e. 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.

f. Default under previous contract.

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

14. AWARD OF BID

A. Okaloosa County Review - Okaloosa County designated Staff will review all bids and will participate in the Recommendation to Award.

B. The County will award the bid to the responsive and responsible vendor(s) with the lowest responsive bid(s), and the County reserves the right to award the bid to the respondent submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all bids or to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiated agreement that is in its best interest and its decision shall be final. The County reserves the right to award to multiple vendors.

C. Okaloosa County reserves the right to waive any informalities or reject any and all bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this bid and to accept the bid that in its judgment will best serve the interest of the County.

D. Okaloosa County specifically reserves the right to reject any conditional bids and will normally reject those which made it impossible to determine the true amount of the bid. Each item must be bid separately and no attempt is to be made to tie any item or items to any other item or items.

15. PAYMENTS – The respondent shall be paid upon submission of invoices and approval of acceptance by

Okaloosa County Board of County Commissioners, Finance Office, 101 E James Lee Blvd, Rm 108 Crestview, FL 32536, for the prices stipulated herein for articles delivered and accepted. Invoices must show Contract #.

16. DISCRIMINATION - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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.

17. 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 in excess of 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.

18. CONFLICT OF INTEREST - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their bids the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies.

Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches.

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

19. REORGANIZATION OR BANKRUPTCY PROCEEDINGS – Bids will not be considered from respondents who are currently involved in official financial reorganization or bankruptcy proceedings.

20. 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.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.017.html

21. CONE OF SILENCE CLAUSE - The Okaloosa County Board of County Commissioners has established a solicitation silence policy (Cone of Silence Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences from the date of advertisement until award of contract.

All communications shall be directed to the Purchasing Department - see attached form.

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

22. REVIEW OF PROCUREMENT DOCUMENTS - Per Florida Statute 119.071 (2) 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 bids, proposals, or final replies, whichever is earlier.

23. 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

24. PROTECTION OF RESIDENT WORKERS – The Okaloosa County Board of County Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verifications. The respondent shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirements.

Respondents doing construction business with Okaloosa 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.

25. 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 of time 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.

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

27. 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.

28. EQUAL EMPLOYMENT OPPORTUNITY; NON-DISCRIMINATION – Respondent will not discriminate against any employee or an applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age, familial status or handicap.

29. NON-COLLUSION – Respondent certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other respondents.

See Florida Statute 838.22.

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

31. CERTIFICATE OF GOOD STANDING FOR STATE OF FLORIDA - Florida Statute 607.1501 requires that all vendors who wish to do business in the State of Florida be licensed to do business through the Department of State of Florida and be in good standing with the State of Florida. As such, to do business with Okaloosa County a vendor must provide a Certificate of Good Standing with their bid/proposal package to the County. For more information on doing business in the State of Florida, please refer to the Florida Department of State. The website to register is https://dos.myflorida.com/sunbiz

32. AUTHORITY TO PIGGYBACK – All respondents submitting a response to this Request for Bid agree that such response also constitutes a proposal to other Florida local governments under the same conditions, for the same contract price, and for the same effective period, should the respondent feel it is in their best interest to do so.

https://dos.myflorida.com/sunbiz

a. Each governmental agency desiring to accept this proposal and make and award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of the ITB. This provision in no way restricts or interferes with the right of any governmental agency to independently procure any or all items.

33. BYRD ANTI LOBBYING (31 U.S. C. 1352) - The Certification regarding Lobbying executed by Contractor and attached as part of Attachment “A” to the Agreement is hereby acknowledged and made part of the Agreement by reference.

34. WORK HOUR AND SAFETY STANDARDS (40 U.S.C. 3701-3708) - The Certification regarding Work Hours and Safety Standards executed by Contractor and attached as part of Attachment “A” to the Agreement is hereby acknowledged and made part of the Agreement by reference.

35. FINANCIAL STABILITY- In the case of Federal and/or Florida State funded procurements, prior to awarding this contract, the top respondents will be required to submit to a soft credit pull for purposes of the County's Risk Assessment consideration; objections by any respondent will disqualify them from consideration. Bad credit indicating you are a high risk may impact your application. Responses will not be considered from respondents who are currently involved in official financial reorganization or bankruptcy proceedings.

36. SYSTEM OF AWARD MANAGEMENT (SAM.GOV) - If grant funded, all vendors must be registered in SAM in order to do business with the County. In order to be considered for the project, the vendor must be registered prior to submitting a bid/proposal with the County. Failure to show proof of SAM.gov registration at time of submitting a bid/proposal may deem the vendors bid/proposal unresponsive. You can register for SAM at the below link: https://sam.gov/content/home. Note it can take some time for a vendor to get registered for the System of Award Management and as such it is important to start the process as soon as possible to qualify as a responsive vendor.

37. Pursuant to Section 287.05701, Florida Statutes, the County will not request any documentation of or consider a proposer’s social, political or ideological interests when determining if the proposer is a responsible proposer. The County will not give a preference to a proposer based upon the proposer’s social, political, or ideological interests.

38. UNITED STATES-PRODUCED IRON AND STEEL (s. 255.0993, Fla. Stat.) - Any iron or steel product permanently incorporated into the project must be produced in the United States.

https://sam.gov/content/home

39. The following documents shall be submitted with the bid packet. Failure to provide required forms may result in contractor disqualification.

RESPONSE DOCUMENT #1: ITB RESPONDENT’S ACKNOWLEDGEMENT

RESPONSE DOCUMENT #2: CONFLICT OF INTEREST DISCLOSURE FORM

RESPONSE DOCUMENT #3: FEDERAL E-VERIFY COMPLIANCE CERTIFICATION

RESPONSE DOCUMENT #4: CONE OF SILENCE FORM

RESPONSE DOCUMENT #5: INDEMNIFICATION AND HOLD HARMLESS

RESPONSE DOCUMENT #6: ADDENDUM ACKNOWLEDGEMENT

RESPONSE DOCUMENT #7: COMPANY DATA

RESPONSE DOCUMENT #8: SYSTEM AWARD MANAGEMENT FORM

RESPONSE DOCUMENT #9: LIST OF REFERENCES

RESPONSE DOCUMENT #10: CERTIFICATION REGARDING LOBBYING

RESPONSE DOCUMENT #11: SWORN STATEMENT – PUBLIC ENTITY CRIMES

RESPONSE DOCUMENT #12: GOVERNMENTAL DEBARMENT & SUSPENSION

RESPONSE DOCUMENT #13: VENDORS ON SCRUTINIZED COMPANIES LIST

RESPONSE DOCUMENT #14: GRANT FUNDED CLAUSES

RESPONSE DOCUMENT #15: BUY AMERICAN CERTIFICATE

RESPONSE DOCUMENT #16: BID RESPONSE SHEET

RESPONSE DOCUMENT #17: ANTI-COLLUSION STATEMENT

RESPONSE DOCUMENT #18: DRUG-FREE WORKPLACE CERTIFICATION

RESPONSE DOCUMENT #19: ANTI-HUMAN TRAFFICKING AFFIDAVIT

RESPONSE DOCUMENT #20: CERTIFICATE OF GOOD STANDING FOR THE STATE OF

FLORIDA-PROVIDED BY CONTRACTOR – see above* (vendor provided form)

RESPONSE DOCUMENT #2: CONFLICT OF INTEREST DISCLOSURE FORM

For purposes of determining any possible conflict of interest, all Respondents, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business.

Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no.” If yes, give person(s) name(s) and position(s) with your business.

YES: NO:

NAME(S) POSITION(S)

FIRM NAME:

BY (TYPE/PRINT):

BY (SIGNATURE):

TITLE:

ADDRESS:

PHONE NUMBER:

E-MAIL:

DATE:

RESPONSE DOCUMENT #3: FEDERAL E-VERIFY COMPLIANCE CERTIFICATION

Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall-

a. Enroll. Enroll as a Federal Contractor in the E-Verify Program within thirty (30) calendar days of contract award:

b. Verify all new employees. Within ninety (90) calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within three (3) business days after the date of hire (but see paragraph (b)(3) of this section); and,

c. Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within ninety (90) calendar days after date of enrollment or within thirty

(30) calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section.)

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of

a. All new employees.

i. Enrolled ninety (90) calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within three (3) business days after the date of hire (but see paragraph (b)(3) of this section); or

b. Enrolled less than ninety (90) calendar days. Within ninety (90) calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the contractor, who are working in the United States, whether or not assigned to the contract, within three (3) business days after the date of hire (but see paragraph (b)(3) of this section; or

i. Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within ninety (90) calendar days after date of contract award or within thirty (30) days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section.)

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State of local government or the government of a Federally recognized Indian tribe, or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements of (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within one hundred eighty (180) calendar days of-

i. Enrollment in the E-Verify program; or

ii. Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contract information provided in the E-Verify program Memorandum of Understanding (MOU)

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

i. The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor, will be referred to a suspension or debarment official.

ii. During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must re-enroll in E-Verify.

iii. Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E- Verify.

Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee-

(a) Whose employment eligibility was previously verified by the Contractor through the E-Verify program:

(b) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top-secret information in accordance with the National Industrial Security Program Operating Manual; or

(c) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security…