P-5-26-06_Inv_&_Specs.pdf

SUBMIT SEALED PROPOSAL TO:

BREVARD COUNTY PURCHASING SERVICES

2725 JUDGE FRAN JAMIESON WAY

BLDG. C, 3rd FLOOR, SUITE C-303

VIERA, FL 32940

REQUEST FOR PROPOSALS

PROCUREMENT ANALYST:

Tramesha Flood tramesha.flood@brevardfl.gov

(321) 617-7390 Ext. 59335

AN EQUAL

OPPORTUNITY

EMPLOYER

FLORIDA TAX EXEMPT #85-8012621749C-1

FEDERAL TAX-EXEMPT #59-6000523

PROPOSAL SPECIFICATIONS MAY BE OBTAINED AT: VendorLink.com

RELEASE DATE

February 13, 2026

PROPOSAL TITLE:

Indialantic Stormwater Improvements Phase 2

PROPOSAL NUMBER:

P-5-26-06

PROPOSAL OPENING DATE AND TIME:

March 17, 2026 @ 1:00 pm

PRE-PROPOSAL MEETING DATE, TIME, AND LOCATION:

None scheduled.

QUESTION DEADLINE DATE:

March 6, 2026 at 5:00 pm RECEIVED AFTER ABOVE

DATE AND TIME

WILL NOT BE ACCEPTED

▼CONSULTANT MUST COMPLETE THIS AREA AND RETURN FORM▼

LEGAL NAME OF CONSULTANT AND BUSINESS ADDRESS:

FEDERAL ID NO. (FEIN) OR SOCIAL SECURITY NO. (SSN):

If returning as a “no proposal,” state reason:

TELEPHONE NUMBER/TOLL-FREE NUMBER:

I certify that this Proposal is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a Proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I certify that I am authorized to sign this Proposal for the Contractor. In submitting a Proposal to Brevard County (the “County”), the Contractor offers and agrees that if the Proposal is accepted, the Contractor will convey, sell, assign, or transfer to the County all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the County. At the County’s discretion, such assignment shall be made and become effective at the time the County tenders final payment to the Contractor. The Contractor has reviewed and agrees to all of the General Conditions, Terms, and Provisions attached hereto, acknowledges that all information provided in this RFP and any attachments hereto is true and correct, and further agrees to provide any required certification under F.S. 287.135(5) as amended, upon entering into a contract with the County. Bidder is familiar with all laws and regulations that may affect cost, progress, and performance of the work, including Build America, Buy America Act (BABAA) requirements.

AUTHORIZED SIGNATURE NAME (PRINTED)

TITLE DATE

*THIS FORM MUST BE NOTARIZED AND RETURNED WITH YOUR PROPOSAL*

Sworn to and subscribed before me this _____ day of _____________ 20____.

Personally known: Or produced identification: Type of ID:__________

SIGNATURE OF NOTARY PUBLIC STATE

NAME OF NOTARY PUBLIC (PRINTED)

My commission expires: _________________________________________

BOND DATA

CONTRACTOR MUST PROVIDE: AMOUNT:

Yes No BID BOND ______5%___ Yes No PERFORMANCE BOND ____________ Yes No PUBLIC CONSTRUCTION BOND ____100%____

(AFFIX SEAL or STAMP)

GENERAL CONDITIONS, TERMS, AND PROVISIONS

1. DEFINITIONS:

a. COUNTY - The term “COUNTY” herein refers to the County of Brevard, Florida, and its duly authorized representatives.

b. CONTRACTOR - The term “CONTRACTOR” used herein refers to any dealer/manufacturer/business organization that will be awarded a contract pursuant to the terms, conditions and quotations of the bid.

c. USING AGENCY - The term “USING AGENCY” used herein refers to any department, division, agency, commission, board, committee, authority or other unit in the County Government using supplies or procuring contractual services as provided for in the Purchasing Ordinance of the County of Brevard.

d. HEAVY DUTY - The item(s) to which the term “HEAVY DUTY” is applied shall exceed the usual quality and/or capacity supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear, and use.

e. QUALIFIED CONTRACTOR - The best Contractor who has the capability in all respects to fully perform the bid requirements, and has the financial stability, honesty, integrity, skill, business judgment, experience, facilities, and reliability necessary to assure good faith performance of the contract, as determined by reference to the Contractor’s Qualification Statement, evaluations by County staff of the Contractor or its subcontractors’ past performance for the Board, and any other information required by Board policies.

f. RESPONSIVE CONTRACTOR - A Contractor who has submitted a bid, which conforms in all respects to the requirements of the bid package, including, but not limited to, submission of the bid on required forms with all required information, signatures, and notarizations at the place and time specified.

g. DUE CAUSE – An applicable reason affecting and concerning the ability and fitness of the contractor(s) to perform to the specifications and requirements of the contract.

2. SUBMISSION OF BIDS: All bids shall be submitted in a sealed envelope. The bid number, title, and opening date shall be clearly displayed on the outside of the sealed envelope. The delivery of said bid to Purchasing Services prior to the specified opening date and time is solely and strictly the responsibility of the Contractor. Any bids received in Purchasing after the specified date and time will not be accepted.

3. EXECUTION OF BID: Bid must contain a manual signature of authorized representative in the space(s) provided. Bids must be typed or printed in ink. Use of erasable ink is not permitted.

All corrections made by Contractor to any bid entry must be initialed. The company name and Federal Employer Identification Number (FEID) number shall appear in the space(s) provided.

4. BID OPENING: Bid opening shall be public on the date and time specified. Sealed bids received by an agency pursuant to invitations to bid are exempt from the provisions of subsection

(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to Section 120.57(3)(a), Florida Statutes, or within 30 days after bid or proposal opening, whichever is earlier. In accordance with Section 119.071(1) (b) 2, Florida Statutes, as amended from time to time, the names of the firms submitting a competitive solicitation will be read aloud at this time of the opening. No details of the competitive solicitation will be released. Bid must be submitted on forms provided by the County. No other forms will be accepted. Fax, telephone, emailed, or verbal Bids are not acceptable and will not be considered. No bid may be modified after opening. No bid may be withdrawn after opening for a period of ninety (90) days unless otherwise specified.

5. BID TABULATIONS: Bid tabulations are posted to VendorLink website.

6. CLARIFICATION/CORRECTION OF BID ENTRY: The County reserves the right to allow for the clarification of questionable entries and for the correction of OBVIOUS MISTAKES.

7. INTERPRETATION: No interpretation of the meaning of the specifications, or other contract documents will be made orally to any Contractor. Every request for such interpretation must be in writing, addressed to Purchasing Services at 2725 Judge Fran Jamieson Way, Bldg. C, 3rd Floor, Suite 303 Viera, FL 32940, or emailed to the attention of the applicable Procurement Analyst. To be given consideration, such requests must be received by the due date and time listed under section “Special Conditions, Item 2 Information and Clarification. Any and all such interpretation and supplemental instructions will be in the form of a written addendum. Failure of any Contractor to receive any such addendum or interpretation shall not relieve said Contractor from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents, whether or not the successful Contractor received a copy of such addendum, it being understood that all Contractors are responsible to verify that they have received any such addenda prior to submitting their bid.

8. EEO STATEMENT: Contractors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses are encouraged to participate. Brevard County is an equal opportunity employer.

9. PRICING: Firm prices shall be proposed and include FOB DESTINATION, all packing, handling, shipping charges, fuel surcharges and delivery, unless otherwise indicated, to any point within the County to a secure area or inside delivery.

All prices, costs, and conditions shall remain firm and valid for 90 days from the date of opening. The obligations of Brevard County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and/or the Brevard County Board of County Commissioners.

10. ADDITIONAL TERMS & CONDITIONS: The County of Brevard reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.

11. TAXES: The County of Brevard is exempt from Federal excise taxes and all sales taxes.

12. DISCOUNTS: All discounts, EXCEPT THOSE FOR PROMPT PAYMENT, shall be considered in determining the lowest net cost for bid evaluation purposes.

13. MEETS SPECIFICATIONS: All equipment and accessories furnished under these specifications shall be new, the latest model in current production, and shall be of good quality, workmanship, and material. The Contractor represents that all equipment offered under these specifications shall meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. The Contractor shall be responsible for performing the work necessary to meet County standards in a safe, neat, good, and workmanlike manner.

14. BRAND NAME OR EQUAL: If items called for by this invitation have been identified in the specifications by a “Brand Name or Equal” description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be acceptable. Bids offering “equal” products will be considered for award if such products are clearly identified in the bid and are determined by the County to meet fully the salient characteristics requirements listed in the specifications. Unless the Contractor clearly indicates in his bid that he is offering an “equal” product, the bid shall be considered as offering the same brand name product referenced in the specifications. If the Contractor proposes to furnish an “equal” product, the brand name if any, or the product to be furnished shall be inserted in the space provided or such product shall be otherwise clearly identified. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the County and will be based on information furnished by the Contractor. Purchasing Services is not responsible for locating or securing any information, which is not identified in the bid and reasonably available to Purchasing Services. To ensure that sufficient information is available the Contractor shall furnish as a part of the bid, or prior to bid opening, as indicated, all descriptive material necessary for Purchasing Services to determine whether the product offered meets the salient characteristics required by the specifications and establish exactly what the Contractor proposes to furnish and what the County would be binding itself to purchase by making an award.

15. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided. All interpretations of this specification shall be made upon the basis of this statement.

16. ASSIGNMENT: Any purchase order (PO) issued pursuant to this bid and the moneys, which may become due hereunder is not assignable except with the prior written approval of the Purchasing Manager.

17. INDEMNIFICATION: The successful Contractor agrees to indemnify and hold harmless the County and their employees from all claims, losses and expenses, including attorneys’ fees, arising out of or resulting from the performance, failure in the performance of, or defect in, the products or services to be contracted, provided such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, death, or personal injury, or to property damage, including loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor or any of their employees, or arises from a job-related injury. The successful Contractor acknowledges adequate consideration for this indemnification provision.

18. PATENTS AND ROYALTIES: The Contractor, without exception shall indemnify and save harmless the County of Brevard and its employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the County of Brevard. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

19. TRAINING: If specified, supplier(s) may be required at the convenience of the County, to provide employees training in the operation and maintenance of any items(s) purchased from this bid.

20. ACCEPTANCE: Items may be tested for compliance with specification. Items delivered not conforming to specifications may be rejected and returned at Contractor’s expense. Those items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the Contractor. Any violations of these stipulations may also result in the Contractor name being removed from the bid list and the Contractor disqualified from doing business with the County.

21. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies.

22. WARRANTY: The Contractor agrees that, unless otherwise specified, the supplies and/or services furnished under this bid shall be covered by the most favorable commercial warranty the Contractor gives to any customer for comparable quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the County by any other provision of this bid.

23. AWARDS: As the best interest of the County may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in bids received. Contractors are cautioned to make no assumptions unless their bid has been evaluated as being responsive and qualified. All awards made as a result of this bid shall conform to applicable ordinances of the County. The Board may return, for full credit, any unused items received which fail to meet the Board’s performance standards. Brevard County reserves the right to cancel an awarded bid upon due cause—i.e., Contractor misrepresentation, Contractor negligence, non-performance, etc. via written notice.

24. Unless otherwise noted in the bid document, Contractors shall submit one bid only.

25. CONFLICT OF INTEREST: The award hereunder is subject to provisions of State of Florida Statutes and Brevard County Ordinances. All Contractors must disclose with their bid the name of any officer, director, or agent who is also an employee of Brevard County. Further, all Contractors must disclose the name of any County employee who owns, directly or indirectly, any interest in the Contractor’s firm or any of its branches.

26. PURCHASING AGREEMENTS WITH OTHER GOVERNMENTAL

ENTITIES: Brevard County permits the awarded Contractor(s) to extend the pricing, terms and conditions of this solicitation to other governmental entities at the Contractor’s discretion.

Each governmental entity that utilizes this solicitation or resulting contract will be responsible for execution of its own requirements with the awarded Contractor(s).

27. DRUG-FREE WORKPLACE: Whenever two or more bids, which are equal with respect to price, quality, and service, are received by Brevard County for the procurement of commodities or contractual services, a bid received from a business that has implemented a drug-free workplace program per 287.087, Fla. Stat., as amended from time to time, shall be given preference in the award process.

28. LOBBYING STATEMENT: All firms are hereby placed on notice that the County Commission and staff shall not be contacted about this Bid. Firms and their agents are hereby placed on notice that they are not to contact members of the County Commission or staff (with the exception of designated liaison).

Public meetings and public deliberations of the Selection/Negotiating Committee are the only acceptable forum for the discussion of merits of products/services requested by the Invitation to Bid; and written correspondence concerning Bids may be submitted to the County Manager. Each Bid will have one non-voting staff member designated who will serve as the liaison. Failure to adhere to these requirements could result in Board action to disqualify your firm from consideration of award.

29. PUBLIC ENTITY CRIMES: The Contractor is hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

30. DISCRIMINATORY VENDOR LIST: An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Bid for a contract to provide goods or services to a public entity, shall not submit a Bid on a contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Bids for leases of real property to a public entity, shall not award or perform work as a contractor, supplier, subcontractor, or consultant under any contract with any public entity, and shall not transact business with any public entity per Section 287.134(3)(d), Florida Statutes, as amended from time to time.

31. SCRUTINIZED COMPANIES: The Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, Florida Statutes, as amended from time to time. If the Agreement is for more than $1,000,000 the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes.

32. LICENSES, CERTIFICATIONS, AND PERMITS: The successful Contractor will be required to secure, at its expense and show proof of the proper business tax receipt and/or any other license/certification required of the applicable service/work being performed. Prior to award, the apparent low Contractor will be required to provide proof of license and/or certification within two (2) business days of the posted awarded recommendation and submit copies of license/certifications to the Purchasing Office.

The Brevard County Contractor Licensing Regulation & Enforcement (LR&E) office is responsible for the county licensing of trades: General Building, drywall, plumbing, electric, HVAC, roofing, etc. If you have questions concerning the licensing requirements for a Brevard County contractor’s license, please Contact the Brevard County LR&E office at (321) 633-2058, option 0, for any questions.

The awarded contractor shall fully comply with all federal and state laws, county and municipal ordinances and regulations in any manner affecting the performance of the work. The successful Contractor is responsible for obtaining all permits necessary to construct the project.

Brevard County does not exempt itself from permitting requirements. The Owner shall pay all Brevard County permit, inspection and impact fees required for the project or services required under this contract; all other fees for permits required by agencies/municipalities other than Brevard County shall be the responsibility of the awarded Contractor. A copy of issued permit shall be provided to the User Department of the County for their records.

33. ERRORS: In the event of extension error(s), the unit price will prevail. In the event of addition error(s), the extended totals will prevail. In either case, the Contractor’s total offer will be adjusted accordingly.

34. CANCELLATION AND REINSURANCE: If any insurance should be canceled or changed by the insurance expiring during the period of this bid award, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in the bid to maintain continuous coverage during the life of the award.

35. INCURRED COST: Brevard County is not liable for any cost incurred by any Contractor prior to an award. Costs for developing a response to this request for bid are entirely the obligation of the Contractor and shall not be chargeable in any manner to Brevard County.

36. MATERIALS/SUPPLIES: No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller.

37. SUBCONTRACTORS: The Contractor shall be fully responsible for all acts and omissions of his subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts and omissions of persons directly employed by him.

38. VERBAL INSTRUCTIONS: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any County employee. Only those communications, which are in writing from an authorized County representative, may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the company, will be recognized by the County as duly authorized expressions on behalf of the company.

39. LITIGATION VENUE: All litigation shall take place either in the State Courts of Florida, wherein venue shall lie in Brevard County, Florida, or in the Federal Courts wherein venue shall lie in the Middle District in and for the State of Florida. The Contractor expressly waives venue in any other location.

40. ADDITION, DELETION, OR MODIFICATION OF SERVICES: The County reserves the right at its sole discretion to increase, decrease, or delete any portion of this agreement/contract at any time without cause, and if such right is exercised by the County, the total fee shall be reduced by a prorate basis. If work has already been accomplished on the portion of the contract to be increased, decreased, or deleted, the contractor shall be paid for the correct portion on the basis of the estimated percentage agreed upon by the County, the contractor, and the contract manager upon completion of such portion.

41. OPERATION DURING DISPUTE: In the event the County has not canceled the contract in accordance with the terms of the contract, and there remains a dispute between the Contractor and the County, the Contractor agrees to continue to operate and perform under the terms of the contract while such dispute is pending. Further, the Contractor agrees that, in the event a suit is filed for injunction or other relief, it will continue to operate the system until the final adjudication of such suit by the court.

42. CONTRACT TERMINATION: The contract resulting from this bid shall commence upon issuance and acceptance of the fully executed contract. The County user agency shall issue orders against the contract on an as needed basis.

The contract may be canceled by the Contractor, for good cause, upon ninety (90) days prior written notice. The County retains the right to terminate the contract, in part or in its entirety, with or without good cause, upon thirty

(30) days prior written notice or as stated herein. In the event of termination by either party as provided herein, the awarded Contractor shall be paid for services performed through the date of termination.

43. SPECIAL ACCOMMODATIONS: In accordance with the Americans with Disabilities Act (ADA) and Section 286.26, Fla. Stat., as amended from time to time, persons with disabilities needing special accommodations to participate should contact Purchasing Services at (321) 617-7390 and request to speak with the Analyst listed in this document.

Requests must be made no later than 48 hours prior the public meeting/hearing in order to provide the requested service.

44. CONTRACTOR RESPONSIBILITIES: Contractors, by submitting a bid, certify that it understands all planning, coordinating, and implementation of the described services shall be done through personal contact between the Contractor and the contract manager, and that telephone contact and mail correspondence may, in some cases, not be appropriate. County approved representatives of the Contractor shall be available to meet with the contract manager, as may be required, to accomplish the County’s objectives as effectively and efficiently as possible, during all phases of this agreement/contract/bid.

45. SUPERVISION OF CONTRACT PERFORMANCE: The Contractors performance of the contract will be notified by the contract manager. The Contractor shall be notified of lack of performance in writing by the contract manager. If at any time during the term of the contract, performance satisfactory to the contract manager shall not have been made, the Contractor, upon written notification by the contract manager, shall within three (3) days increase the force, tools and equipment as needed to properly perform the contract. The failure of the contract manager to file such notification shall not relieve the Contractor of the obligation to perform the work at the time and in the manner specified by the contract. If the Contractor does not increase the force or neglects to do the work properly, the contract manager can withhold a percentage of payment or withhold the entire dollar amount due as per the contract.

46. MISUNDERSTANDING: To prevent misunderstanding and any litigation, the contract manager shall decide any and all questions, which may arise concerning the quality and acceptability of the work, and services performed the sufficiency of performance, the interpretation of the provisions of the contract, and the acceptable fulfillment of the contract on the part of the Contractor. The Contract Manager will determine whether or not the amount, quantity, character and quality of the work performed are satisfactory, which determination shall be final, conclusive and binding upon both the Contractor and the County. The contract manager shall make such explanation as may be necessary to complete, explain, or make definite the provisions of the contract, and his findings and conclusions shall be final and binding upon both parties.

47. GREEN PROCUREMENT POLICY: The Board of County Commissioners approved a “green procurement” policy in March 2004 to establish procurement requirements that promote the purchase and use of Environmentally Preferred Products as defined by the United States Environmental Protection Agency. Environmentally Preferred Products (EPP) are those products and services that have a reduced effect on the human health and the environment when compared to other products and services that serve the same purpose. EPP products encourage (1) waste reduction; (2) reduced exposure to hazardous materials; (3) natural resource conservation; and

(4) energy efficiency.

48. MONITORING OF WORK: The Contractor shall provide the contract manager with every reasonable opportunity to ascertain whether or not the work, as performed, is in accordance with the requirements of the contract. The Contractor shall designate, in writing, a person to serve as liaison between the Contractor and the County.

49. PROMPT PAYMENT: For payment promptness, Brevard County shall remit payment in accordance with the Local Government Prompt Payment Act, Section 218.704, Florida Statutes, et seq., as amended from time to time. Brevard County does not expect to be billed in excess of the ordered quantity and will not pay for any quantity above the ordered quantity. Any order placed as a result of this bid will be subject to Billing Instructions and Conditions on the back of the Brevard County Purchase Order form. Contractors may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Contractor offers a discount, it is understood that the discount time will be from the date of satisfactory delivery, at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last. Requests for final payment for any work or services for which a permit is required shall include a copy of all required permits and copies of all required inspection reports. Failure to provide proof of acquisition of all required permits and successful completion of all required inspections shall represent an incomplete invoice and will delay payment.

50. RIGHT TO AUDIT RECORDS: In performance of this Agreement, the Contractor shall keep books, records, and accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All documents, papers, books, records, and accounts made or received by the contractor in conjunction with the Agreement and the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office, and shall be retained by the contractor for a period of five (5) years after termination of this Agreement— unless such records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes, as amended from time to time.

51. UNAUTHORIZED ALIEN WORKERS: Pursuant to Florida Statute 448.095 Brevard County will not accept bids from Contractors who knowingly employ unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S. Code § 1324a(e) (Section 274A(e) of the Immigration and Nationality Act “INA”). The County shall consider a Contractor’s intentional employment of unauthorized aliens as grounds for immediate termination of any awarded proposal. Before entering into any contract with the County, the Contractor shall register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. If the County is unable to electronically verify the responsive, responsible Contractor with the lowest price participates in the E-Verify Program; the lowest responsive responsible Contractor shall be required to submit a copy of the fully executed E-Verify Memorandum of Understanding before the County will enter into contract or issue notice to proceed with Contractor.

52. FLORIDA PUBLIC RECORDS LAW: Both parties understand that the County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes, as amended from time to time, and all other applicable Florida Statutes. If the materials provided by the Contractor do not fall under a specific exemption, under Florida or federal law, materials provided by the Contractor to the County would have to be provided to anyone making a public records request. It will be the Contractor’s duty to identify the information, which it deems is exempt under Florida/federal law, and identify the statute by number, which exempts that information.

Should any person or entity make a public request of the County—which requires or would require the County to allow inspection or provide copies of records which the Contractor maintains are exempt from Public Records Law or are confidential—it shall be the Contractors obligation to provide the County within 24 hours (not including weekends and legal holidays), of notification by the County to the Contractor of the request, of the specific exemption or confidentiality provision so the County will able to comply with the requirements of Chapter 119 , Florida Statutes.

Should the County face any kind of legal action to require or enforce inspection or production of any records provided by the Contractor to the County which the Contractor maintains are exempt or confidential from such inspection/production as a public record, then the Contractor shall hire and compensate attorney(s) who shall represent the interest of the County as well as the Contractor in defending such action. The Contractor shall also pay any costs to defend such action and shall pay any costs and attorney fees, which may be awarded pursuant to Section 119.12, Florida Statutes.

All material submitted becomes the property of the County and may be returned only at the County's option. The County has the right to use any or all ideas presented in any reply to this ITB. Selection or rejection of any bid does not affect this right.

53. PREFERENCE GIVEN TO COMMODITIES MANUFACTURED,

GROWN, OR PRODUCED IN FLORIDA: In accordance with Section 287.082, Florida Statutes, as amended from time to time, whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this State, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this State shall be given preference.

54. COUNTY SEAL: Use of the County Seal without the express approval of the Board of County Commissioners is a violation of Section 165.043, Florida Statutes, as amended from time to time, punishable as a misdemeanor.

55. TIE BIDS: Award of all tie quotes/bids shall be made by the Purchasing Manager in accordance with State Statutes, which allows a firm certified as a Drug-Free Workplace to have precedence. When evaluation of Contractor responses to solicitations results in identical offers, with regards to bids or quotations, or identical ranking with regards to proposals, from two or more Contractors, the County shall determine the order of award using the following criteria in order of preference listed below (from highest priority to lowest priority):

a. For tie bids, quotations or proposals, priority shall be given to the Contractor certifying that he/she is a Drug-Free Workplace as defined within Section 287.087, Florida Statutes, as amended from time to time;

b. In the event that a tie still exists after progressing through a, the decision shall be made by lot or coin toss. The drawing of lots or coin toss shall be conducted in the presence of the effected Contractors if they elect to be present.

56. CONTRACTOR COMPLAINTS AND DISPUTES: Brevard County encourages prompt and fair handling of all complaints and disputes with the business community. In order to resolve disputed matters in an equitable manner, the following procedures are adopted:

a. POSTING OF AWARD NOTICES

FORMAL SEALED BIDS: No later than three business days after a bid opening, the Purchasing Manager or his/her designee shall post a tabulation of competitive sealed bids to the VendorLink website. The apparent responsive low contractor will be the intended award recommendation. If, after posting the tabulation, the apparent low contractor is found to be non-responsive to the specifications, a revised tabulation will be posted indicating that the low contractor is non-responsive and that the next lowest contractor is the intended awardee. The time for filing a protest will begin on the date of the later posting.

b. PROCEEDINGS

Any vendor or contractor who is allegedly aggrieved in connection with the solicitation of the intended award recommendation must file a written protest with the Purchasing Manager no later than 5:00 p.m. on the 5th full business day after the intended award was posted.

The written protest shall reference the bid, quote, proposal, or qualification number, identify the protestor, and contain a factual summary upon which the protest is based, including full details of adverse effects and the relief sought.

Within seven (7) business days of receipt of the written protest, the Purchasing Manager will meet with the protester (if requested by the Protestor) to attempt to resolve the protest. The Purchasing Manager will issue a written decision to the protester on the merits of the protest.

The protester may appeal the Purchasing Manager’s decision in writing no later than 5:00 p.m. on the 5th business day after the date of the written decision by the Purchasing Manager to a Protest Committee. This appeal to the Protest Committee by the protester is a final means of administrative remedy to the protest. Within seven (7) business days after receipt of the protester’s appeal, the Purchasing Manager will arrange a meeting of the Protest Committee and the protester.

The Protest Committee shall consist of two (2) Department Directors or designees, both of whom must be from an organizational group to which the user department or group is not assigned, and one (1) Assistant County Manager, who must be from an organizational group which the user department or group is not assigned under.

The Purchasing Manager shall act as a non-voting Hearing Coordinator, and the County Attorney or designee may attend as a non-voting member. Public meeting notices will be posted.

The Purchasing Analyst will record the meeting and provide any information as the Committee may request. The purpose of the meeting of the Protest Committee is to evaluate the facts and merits of the protest and to reach a final resolution of the protest.

c. STAY OF PROCUREMENTS DURING PROTESTS

Failure to observe any or all of the above procedures shall constitute a waiver of the right to protest an award. In the event of a timely protest under the procedure, the County shall not proceed further with solicitation or with the award until a recommendation is made by the Protest Committee.

57. Federal Emergency Management Agency (FEMA) Contract Requirements: During a hurricane, civil disturbance, or other County declared emergency, the Contractor will be required to begin response within one hour after notification and be on site no later than two hours after notification unless due to circumstances beyond control of the Contractor (roadway damage, etc.). Cost of the service will be at the non-standard working hours. If State of Florida declares a State of Emergency, Contractor agrees to the terms outlined in the Federal Emergency Management Agency (FEMA) Contract Requirements attached to this RFP.

58. Unless otherwise specified in this solicitation, all contracts are non-exclusive and the County may employ other professional or technical personnel to furnish services for the County, as the County, in its sole discretion, finds is in the public interest. The County reserved the right to assign such work to the Contractors as it may approve in the sole discretion of the County.

59. Section 286.101, Florida Statutes requires all prospective contractors and grant recipients seeking to contract with the County, or receive a grant from the County, where said contract or grant has a value of $100,000 or more must disclose to the County (1) any current or prior interest of, (2) any contract with, or (3) any grant or gift received from a foreign country of concern (defined as the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic

People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, and the Syrian Arab Republic, or an agency or other entity under the significant control of such foreign country of concern) if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five years. The disclosure is specified below.

Within one year before applying for any grant or proposing any Contract, such entity must provide a copy of such disclosure to the Department of Financial Services.

Disclosure is not required in certain circumstances, outlined on the enclosed Foreign Influence Disclosure Form. A Contract is any agreement for the direct benefit or use of any party to such agreement, including an agreement for the sale of commodities or services. A Gift is any transfer of money or property from one entity to another without compensation. A Grant is a transfer of money for a specified purpose, including a conditional gift. An interest in an entity means any direct or indirect investment in or loan to the entity valued at 5 percent or more of the entity’s net worth or any form of direct or indirect control exerting similar or greater influence on the governance of the entity.

60. Pursuant to Section 287.05701, Florida Statutes, the County shall not consider, give preference based upon, or request documentation regarding a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.

61. Build America, Buy America Act (BABAA) Requirements under Title IX of the Infrastructure Investment and Jobs Act

(IIJA):

a. BABAA requirements apply to projects funded with Federal financial assistance unless the project is 100% funded by the American Rescue Plan Act (ARPA).

b. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States.

c. Total project costs and revisions thereof should reflect compliance with BABAA requirements.

d. Contractor shall determine and certify that to the best of their knowledge and belief all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report;

the plans, specifications, and bidding documents; any bid addenda; and change orders comply with all federal requirements, including BABAA.

e. Contractor shall review and approve, or take action with respect to shop drawings, samples, and other required submittals, including applications for payment, to ensure compliance with BABAA.

f. Contractor shall review substitutes and “or equals” for conformity with BABAA requirements.

g. Contractor shall obtain and review manufacturers’ and contractors’ certifications on compliance with BABAA requirements and maintain copies of certifications in project files.

62. Foreign Country of Concern Attestation: If the Contract or Customer’s purchase order issued pursuant to this contract grants the contractor access to an individual’s personal identifying information as defined in Section 501.171, Florida Statutes, the Contractor must, prior to execution, extension or renewal of the Contract or Customer Purchase Order, complete and submit to the County the “Foreign Country of Concern Attestation Form”, attached hereto.

63. Commodities produced by forced labor.

a. The Florida Department of Management Services will create and maintain a forced labor vendor list.

b. Contractor has reviewed Section 287.1346, Florida

Statutes and acknowledges:

1. If applicable, a member of Contractor’s senior management must certify, in writing, that to the best of her or his knowledge, the commodities offered to County have not been produced, in whole or in part, by forced labor.

2. Any contract or renewal of a contract for commodities entered into as a result of this bid shall be terminated at the option of the County if Contractor is placed on the forced labor vendor list.

64. Anti-Human Trafficking Affidavit. In accordance with

Section 787.06(13), Florida Statutes, Contractors shall attest under penalty of perjury that Contractor does not use coercion for labor services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using the Human Trafficking Affidavit attached to this document and incorporated into this solicitation. Such affidavit shall be required when executing, renewing or extending a contract.

INDIALANTIC STORMWATER IMPROVEMENTS PHASE 2

TABLE OF CONTENTS

CONTENTS PAGE NUMBER

Request for Proposal Acknowledgement 1

Proposal Checklist 11

Introduction and Submittal Information 12

Scope of Work and Specifications 16

Price Sheet 18

Evaluation and Selection Criteria 19

Insurance and Indemnification Requirements 23

Foreign Influence Disclosure Form 24

Contractor Affidavit Regarding Scrutinized Company List 26

Bid Bond Form 28

Certificate of Corporate Officer 29

Foreign Country of Concern Attestation 30

Anti-Human Trafficking Affidavit 31

PROPOSER CHECKLIST

The items indicated are required for submission with your proposal. Failure to submit any items indicated as required may result in rejection of the proposal. Offers to provide required items after the date and time designated for the receipt of proposals will not be considered.

Three (3) hard copies of the proposal and one (1) full electronic copy on a USB flash drive

Signed/Notarized Request for Proposal

Signed Price Schedule (one copy in a separate sealed envelope)

Bid Bond Form

E-Verify Registration or Memorandum of Understanding (MOU) from Department of Homeland Security

Completed Reference Form

Completed Foreign Influence Disclosure Form

Completed Contractor Affidavit Regarding Scrutinized Company List Form

Certificate of Corporate Officer Form

Foreign Country of Concern Attestation Form

Anti-Human Trafficking Form

The Contractor must be State of Florida Department of Transportation (FDOT) pre-qualified in Drainage. Provide a current copy of the FDOT prequalification certification stating classes of work.

Attachments:

Attachment A – Draft Contract

Attachment B – FDEP Grant Agreement L0155

Attachment C – General Conditions, Special Conditions, Technical Specifications, Criteria for Water and Sanitary Sewerage Systems within Brevard County, Permits, Geotechnical Report, and Verified Vertical and Horizontal Data

Attachment D – Indialantic Stormwater Improvements Phase 2 Plans

Attachment E – Price Sheet

I. INTRODUCTION AND SUBMITTAL INFORMATION

A. INTRODUCTION/PURPOSE:

Purchasing Services, on behalf of the Brevard County Public Works Department (hereafter, “Department”), issues a Request for Proposals (RFP) for Florida Department of Transportation (F.D.O.T.) pre-qualified contractors in Drainage (hereafter, “Contractor”) to perform the construction of the Indialantic Stormwater Improvements Phase 2.

The Indialantic Stormwater Improvements is a multi-phased project. Phase 1a is a water quality project to install gabion baskets within the Sand Dollar Canal upstream of the new box culverts installed under North Riverside Drive as part of Phase 1b of the improvements. Phase 1b also includes a junction box and temporary connection to the existing drainage within that system. Phases 1a and 1b are estimated to be completed in Spring 2026 by other contractors.

As shown in the Phase 2 Plans, the temporary connection from Phase 1b will need to be removed to make room for the new stormwater infrastructure, while accommodating the existing drainage within that system. It is critical that utilities remain operational during the construction of Phase 2 improvements and that vehicular and pedestrian traffic impacts be mitigated. An add alternate will be evaluated to keep one travel lane and pedestrian route open with limited exceptions.

The County has secured partial funding via a Florida Department of Environmental Protection (FDEP) grant, and as such, the goal of this RFP is to identify the most qualified Contractor for Phase 2 improvements. The FDEP grant is available as Attachment B. The Contractor shall comply with requirements related to FDEP and other Federal, State, and local permitting regulations, when applicable, for the County to remain eligible to be reimbursed for the cost of the work.

B. CONTRACT DOCUMENTS AND CONSTRUCTION DURATION:

The Contract Documents include, but are not limited to, the following:

Contract (Attachment A as a draft) FDEP Grant Agreement L0155 (Attachment B) General…