Prequalification of Continuing Contractors for Geotechnical Services.pdf

PREQUALIFICATION OF CONTINUING CONTRACTORS FOR

GEOTECHNICAL SERVICES

26-RFQG01396

County of Hernando

15470 Flight Path Drive

Brooksville, FL 34604

County of Hernando

Prequalification of Continuing Contractors for Geotechnical Services

I. SOLICITATION

II. INTRODUCTION

III. AWARD

IV. DEFINITIONS

V. REQUEST FOR QUALIFICATIONS

VI. EVALUATION PHASES

VII. SCOPE AND SPECIFICATIONS

VIII. STATE - General State Required Terms

IX. VENDOR QUESTIONNAIRE (RFQ)

Attachments:

A - Professional_Services_Agreement_Over_ABR_Task_Order_

B - Executive Order 14173 undefined #26-RFQG01396 Title: Prequalification of Continuing Contractors for Geotechnical Services

1. SOLICITATION

ISSUED BY:

BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY, FLORIDA

Jerry Campbell, Chairman

Ryan Amsler, Vice Chairman

Steve Champion, Second Vice Chairman

John Allocco

John Mitten

SUBMIT BID OFFER TO:

HERNANDO COUNTY

PROCUREMENT DEPARTMENT

via Hernando County's eProcurement Portal

Carla Rossiter-Smith

Chief Procurement Officer

SEALED OFFERS, FOR FURNISHING THE SERVICES, SUPPLIES OR EQUIPMENT DESCRIBED HEREIN WILL BE

RECEIVED BY THE OFFICE OF PROCUREMENT, VIA THE COUNTY'S eProcurement Portal UNTIL 10:00 a.m., LOCAL TIME ON Monday, October 5, 2026. NO BID OFFERS WILL BE ACCEPTED AFTER THE ABOVE

STIPULATED DATE AND TIME. THIS IS AN ADVERTISED SOLICITATION AND THE RESPONDING BIDDERS

WILL BE PUBLICLY READ AT 15470 FLIGHT PATH DRIVE BROOKSVILLE, FL 34604 IN THE ADMINISTRATIVE

CONFERENCE ROOM AT 10:00 a.m. ON Monday, October 5, 2026. PURSUANT TO FS 119.071 SEALED

BIDS, PROPOSALS, OR REPLIES RECEIVED BY AN AGENCY PURSUANT TO A COMPETITIVE SOLICITATION

ARE EXEMPT FROM INSPECTION UNTIL SUCH TIME AS THE AGENCY PROVIDES NOTICE OF AN INTENDED

DECISION OR UNTIL THIRTY (30) DAYS AFTER OPENING THE BIDS, PROPOSALS, OR FINAL REPLIES, WHICHEVER IS EARLIER.

Procurement Contact Information:

Felicia Holmes, Procurement Manager

(352) 754-4020 fholmes@co.hernando.fl.us https://secure.procurenow.com/portal/hernandocounty mailto:fholmes@co.hernando.fl.us

2. INTRODUCTION

This solicitation is for pre-qualified contractors to provide geotechnical services on an as-needed rotational basis.

A. The County will award a pool of qualified firms to provide geotechnical services.

B. Upon award, the County will consider experience, amount awarded, and rotation when issuing task orders.

C. The County reserves the right to add firms as-needed and when in the County's best interests, throughout the contract term.

2.1. ADVERTISEMENT OF BID

INVITATION TO BID

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Hernando County, Florida, is accepting Bids for:

CONTRACT SOLICITATION # 26-RFQG01396

FOR

Prequalification of Continuing Contractors for Geotechnical Services

Hernando County Board of County Commissioners is soliciting Vendors/Contractors that are active in

Hernando County is seeking to pre-qualify firms to perform geotechnical services and geotechnical engineering services.

Offers for furnishing the above will be received and accepted up to 10:00 a.m. (local time), Monday, October 5, 2026, via Hernando County's eProcurement Portal. Only electronic submittals shall be accepted by the County.

The Board of County Commissioners of Hernando County, Florida reserves the right to accept or reject any or all bids and waive informalities and minor irregularities in offers received in accordance with the bid documents and the Hernando County Procurement Ordinance.

Interested firms may secure the bid documents and plans and drawings and all other pertinent information by visiting the County's eProcurement Portal. For additional project information, please visit the Hernando County Board of County Commissioners Procurement Department at www.hernandocounty.us, or by submitting a question via the Q&A Tab in the County's eProcurement

Portal.

https://secure.procurenow.com/portal/hernandocounty

Ex Parte Communication: Please note that to ensure proper and fair evaluation of a submittal, the

County prohibits ex parte communication (i.e. unsolicited) initiated by the Proposer to the County

Official or Employee prior to the time a Proposal decision has been made. Communication between

Proposer and the County will be initiated by the appropriate County Official or Employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Proposal.

Ex parte communication may be grounds for disqualifying the offending Proposer from consideration or award of the Proposal then in evaluation or any future Proposal.

All firms are hereby placed on formal notice that neither the County Commissioners nor candidates for

County Commission, nor any employees from the Hernando County Government, Hernando County staff members, nor any members of the Professional Services Review Committee are to be lobbied, either individually or collectively, concerning this project. Firms and their agents who intend to submit qualifications, or have submitted qualifications, for this project are hereby placed on formal notice that they are not to contact County personnel for such purposes as holding meetings of introduction, meals, or meetings relating to the selection process outside of those specifically scheduled by the County. Any such lobbying activities may cause immediate disqualification for this project.

The Procurement Department will post addenda on the County’s eProcurement Portal to all questions in accordance with the Solicitation Instructions. It is the responsibility of prospective Bidders to visit the eProcurement Portal to ensure that they are aware of all addenda issued relative to this solicitation.

Pursuant to Florida Statutes 119.071 sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies whichever is earlier.

NOTICE TO BIDDERS

To ensure that your bid is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is Felicia Holmes Procurement Manager, Procurement Department, via the County’s eProcurement

Portal.

https://secure.procurenow.com/portal/hernandocounty https://secure.procurenow.com/portal/hernandocounty

3. AWARD

UPON AWARD, PLEASE SUBMIT INVOICES TO:

Hernando County

Public Works

1525 E. Jefferson St.

Brooksville, Florida 34601

UPON AWARD, PLEASE SUBMIT UTILITIES INVOICES TO:

Hernando County

Utilities Department

15365 Cortez Blvd

Brooksville, FL 34613

4. DEFINITIONS

4.1. DEFINITIONS

A. "Addendum" means a written or graphic instrument issued by the County prior to the execution of the Agreement that modifies or interprets the Request for Qualifications by additions, deletions, clarifications, corrections, or other types of modifications. Addenda will become part of the Contract Documents when the Agreement is executed.

B. "Agreement" means the legal document, executed by the County and the Successful

Respondent; it supersedes all prior negotiations, representations, or agreements, either written or oral. The Agreement, as amended from time to time, forms the contract between County and the Successful Respondent, setting forth the roles, responsibilities, and obligations of the parties, including, but not limited to, the performance of the Services and the basis of payment.

C. "CEI" means construction engineering and inspection.

D. "Consultant" means the Successful Respondent that has entered into the Agreement with the

County for the administration of CEI services.

E. "Consultant Project Administrator" means the employee assigned by the Consultant to be in charge of providing construction contract administration services for one or more construction projects.

F. "Consultant Senior Project Engineer" means the engineer assigned by the Consultant to be in charge of providing construction contract administration for one or more construction projects.

This person may supervise other consultant employees and act as the Consultant's lead engineer.

G. "Contract Documents" means all documents in this solicitation, including addenda to such, the

Agreement, including amendments, addenda and exhibits thereto, the Successful Respondent's proposal, scope of services, certificates of insurance, notice of intent to award, notice of award, the Successful Respondent's Representation and Certification Form, the Successful Respondent's

Hold Harmless Agreement, and any other documents mailed, e-mailed or otherwise transmitted to the Successful Respondent prior to or after the submittal of their proposal, and prior to or after award.

H. "County" means Hernando County Board of County Commissioners, its officers, employees, agents and volunteers.

I. "Fla. Stat." or "F.S." means the Florida Statutes in effect at the time the Agreement becomes fully executed, unless otherwise indicated.

J. "Minor Irregularity" means a variation from the Request for Qualifications terms and conditions that does not affect the price or give any respondent an advantage or benefit not enjoyed by the other respondents or does not adversely impact the interests of the County.

K. "Notice of Award" means a written notice submitted by the County notifying the Successful

Respondent that they have been awarded the project.

L. "Notice of Intent to Award" means a written notice submitted by the County notifying the

Successful Respondent that the County intends to award the project to them, contingent upon the Successful Respondent executing the Agreement and submitting any outstanding documents.

M. "Notice to Proceed" means a written notice issued by the County to the Successful Respondent fixing the date on which the Successful Respondent shall start the performance of the Services and the length of time for the completion of the Services, in accordance with the Contract

Documents.

N. "Proposal" means the bid, offer or submittal made by a person or entity in response to this solicitation through the eProcurement Portal.

O. "Owner" means Hernando County Board of County Commissioners, its officers, employees, agents, and volunteers.

P. "Pre-Proposal Meeting" is a meeting at which all respondents gather to obtain additional information as to the scope of Services required under the Request for Qualifications.

Q. "PSC" means Procurement Selection Committee, i.e., the County employees selected to evaluate and score the proposals and oral presentation (if applicable) and recommend to the

Board the Successful Respondent for an award.

R. "Public Opening" means the opening, in the presence of the public, of the proposals and the announcing of the respondents who provided a proposal in response to the Request for

Qualifications.

S. "Respondent" means the entity that provides a proposal to the County in response to the

Request for Qualifications.

T. "RFQ" means this Request for Qualifications, i.e., the contents of this solicitation and all supporting documents, including Addendum to such, or other related information transmitted to Proposers.

U. "Responsive" means a proposal that conforms in all material respects to the Request for

Qualifications requirements.

V. "Responsible" means a respondent who shows that they have the capability in all respects to perform fully the Services outlined in the Request for Qualifications, and the integrity and reliability that will assure good faith performance.

W. "Services" means all supervision, labor, materials, equipment, supplies, sub-contractors, and incidental expenses required by the Successful Respondent to execute and complete the requirements of the Services outlined in the Contract Documents, and subsequent task orders, including those prescribed or implied.

X. "Sub-Contractor" means an entity having a direct contract with the Successful Respondent or with any other sub-contractor of the Successful Respondent who will provide products or

Services for the performance of a part of the Services required under the Contract Documents under the sole control and direction of the Successful Respondent.

Y. "Successful Respondent" means the respondent to whom the County awards the Agreement based on the County's evaluation of the Successful Respondent's qualifications as hereinafter provided.

Z. "Task Order" means a project assignment issued by a document approved and authorized by the County that sets forth the scope of services (described in Exhibit A and attached hereto) to be performed the Successful Respondent at a fixed contract price in accordance with the

Agreement.

AA. "Timeline" means the list of critical dates and actions involved in the Request for Qualifications.

BB. "You" and "Your" refers to the person or entity reviewing this solicitation, any potential respondent, any respondent or the Successful Respondent, and its representatives, officers, assigns, and employees, whichever is applicable.

5. REQUEST FOR QUALIFICATIONS

5.1. INSTRUCTIONS TO PROPOSERS:

1. It is the intent and purpose of the County that this request for qualifications promotes competitive proposals. It is your responsibility to advise the Procurement Department if any language or requirement or any combination thereof inadvertently restricts or limits the potential qualifying respondents to this solicitation to a single source. Your notification must be in writing and you must submit your notification to the Procurement Department not later than ten days prior to the proposal submission deadline via the eProcurement Portal.

2. All timely-submitted proposals will be opened at the Public Opening; only the respondents' names will be read aloud.

3. The County is not responsible for expenses you incur in submitting your proposal or any other expenses you incur prior to award of the Agreement.

4. The County officially distributes documents related to this solicitation through the eProcurement Portal. Such documents may be downloaded at NO COST using the eProcurement Portal. Copies of the solicitation documents obtained from other sources are not considered official and must not be relied upon. The County is not responsible for solicitation documents obtained from sources other than the County's eProcurement Portal.

Only respondents who properly register and follow the project directly from the County's eProcurement Portal will receive addenda and other important information if issued.

5. Any proposal may be withdrawn via the eProcurement Portal before the proposal submission deadline. If you do not withdraw your offer before the proposal submission deadline, your offer shall constitute an irrevocable offer for a period of 180 days to provide to the County the Services set forth in this solicitation, or until the Agreement resulting from this solicitation has been fully executed.

6. Your costs of preparing an offer in response to this solicitation are solely yours; the County assumes no responsibility for any such costs. You are responsible for any costs you incur associated with any administrative or judicial proceedings resulting from this solicitation process or protest.

7. Pursuant to section 287.05701, Fla. Stat., the County will not request documentation of or consider your social, political, or ideological interests when determining if you are responsible and may not give preference to any respondent based on their social, political, or ideological interests.

5.2. QUESTIONS REGARDING THIS RFQ:

A. You shall not direct any queries or statements concerning your proposal to the PSC or any

County official or employee during the selection process, from the time of the posting of this solicitation until the execution of the Agreement. Your violation of this provision may result in your disqualification from award.

B. All questions or concerns regarding this solicitation must be submitted in writing via the

County's eProcurement Portal no later than the question submission deadline. If your question or concern requires a response, the Procurement Department will issue an addendum to this solicitation. You will be able to access all addenda to this solicitation on the eProcurement portal. No oral interpretation of this solicitation will be binding on the County. The County will be bound only by written information and statements pertaining to this solicitation that are authorized by the Chief Procurement Officer.

C. This provision exists solely for the convenience and administrative efficiency of the County.

Neither you nor any third party gains any rights by virtue of this provision or its application, nor shall you nor any third party have any standing to sue or a cause of action arising therefrom.

D. If you are contemplating submitting a proposal and are in doubt as to the meaning of the terms, conditions, specifications of any of the solicitation instructions or documents, you may submit a request for clarification via the County's eProcurement Portal by no later than the question submission deadline. Any interpretation by the County will be only by an addendum to this solicitation posted to the eProcurement Portal. The County is not bound by any interpretation that does not comport with this provision.

E. You must acknowledge receipt of all addenda via the County's eProcurement Portal.

5.3. INSTRUCTIONS FOR PREPARING PROPOSALS, REQUIREMENTS AND RULES

FOR PROPOSALS:

A. Your proposal must name all of its principles, whether you are submitting your proposal as an individual, a business entity, a joint venture or other business organization. Your proposal must declare that it is made without collusion with any other person or entity submitting a proposal.

B. Sub-contractors: If you are to utilize sub-contractors, you must include their names and references in your proposal. The County reserves the right to approve all of your sub-contractors; provided, however, the Successful Respondent alone will have sole responsibility for performance of the Agreement. Sub-contractors may be added to the Agreement only with

PRIOR WRITTEN PERMISSION from the County.

C. You must identify any work that will be performed outside the United States of America, the company that will perform the work, the country in which the work will be done, and the entity responsible for quality control for the work identified.

D. Miscellaneous Requirements:

1. You must possess all the appropriate licenses and certifications required by various governmental agencies having jurisdiction over such services. You will be required to provide a copy of all required licenses and certifications prior to award of the Agreement, including certification that you are a Florida certified professional engineer.

2. The County reserves the right to obtain all documentation it deems appropriate to verify you are meeting all regulations and specification requirements.

3. You shall be responsible for any damage to facilities, equipment or property, caused by your or your sub-contractor's or employees' purposeful actions, incompetence or negligence. You shall reimburse the owner of the damaged facility, equipment or property for any such cost to repair damage, beyond reasonable wear.

4. You and your employees and your sub-contractors must meet the requirements of the

County's drug policy.

5.4. PROPOSAL FORMAT:

You should prepare your proposal as simply as possible and provide a straightforward, concise description of the proposed services to satisfy the requirements of this solicitation. Attention should be given to accuracy, completeness, relevance, and clarity of content. You must complete the Vendor

Questionnaire, including the vendor registration, W9, affidavits, confirmations, and any other forms in this solicitation. Your proposal must address the following items, organized according to the sections below.

If you are a single respondent made up of multiple firms, your proposal must identify one firm as the primary contact. This primary contact will be the primary point of contact throughout the procurement process and will be held responsible for the overall implementation of all partners included in your joint proposal.

Offer Section 1.0 - Ability, Capacity, and Skill of Firm

This section should identify the project principal, the project manager, key staff, and subconsultants.

Present a brief discussion regarding how the team's qualifications and experience relate to the specific project. Address the following:

• Identify key staff members and any sub-consultants. Organization charts may be included.

• Qualifications and relevant experience of staff and sub-consultants, shown by providing resumes.

• Unique knowledge of key team members relating to the project.

• Experience on a project as a team.

• Key staff involvement in project management and on-site presence.

• Time commitment of key staff.

Offer Section 2.0 - Respondent's methodology, technical ability, and approach to meeting the needs and requirements as noted in this solicitation.

For the project and services outlined in this solicitation, describe how you plan to accomplish the following:

• Proposed approach to meeting County's stated needs

• Value engineering/cost control.

• Preparing estimates

• Quality control methodology.

• Schedule maintenance methodology.

Offer Section 3.0 - Experience similar to the needs and requirements noted in this solicitation.

Describe relevant experience:

• Experience of the key staff and firm with projects of similar scope and complexity.

• Demonstrated success on past projects of similar scope and complexity.

• Letters of reference (minimum of 3 for projects of similar scope and complexity).

5.5. PROPOSAL EVALUATION PROCESS:

The evaluation of proposals and selection of the Successful Respondent will be conducted in accordance with section 287.055, Fla. Stat., as follows:

A. Public Opening: Timely-submitted proposals will be received and publicly opened immediately following the proposal submission deadline. Only the names of the respondents for those proposals will be announced at this time.

B. Compliance: The County will conduct a preliminary evaluation to determine whether each opened proposal is complete and complies with all instructions and requirements in this solicitation. Any proposals that are incomplete or that do not comply with the solicitation instructions or requirements may be rejected and excluded from further consideration.

C. The PSC will review all proposals advanced to it by the County and establish a short list in order of preference of no fewer than three respondents it deems to be the most qualified to provide the Services requested based on the Evaluation Criteria and the Evaluation Process. The County may award one or multiple agreements through this solicitation, depending on the qualifications of the respondents and the needs of the County.

D. The scores for all evaluation criteria for each respondent will be summed. For example, if a respondent was given a perfect score, that respondent would receive a total score of 100.

E. After all scores are totaled, with maximum score being 100, each PSC member will rank scores from best to worst, with a score of 1 being best, and 2 being next best, etc. Then the rankings will be averaged to determined the top ranked firm(s)

F. Based on the overall total evaluation consensus score, the respondents will then be ranked lowest (most favorable) to highest (least favorable).

G. The PSC will establish a short list comprised of the three best-scoring respondents. If three proposals are received, all respondents will be included on the short list.

H. The PSC or the Board may request oral presentations from the respondents on the short list.

Short listed respondents will be asked to discuss their qualifications, approach to the project, and ability to furnish the Services. If the County requests oral presentations, it will issue a

Request for Clarification (RFC) letter to the short-listed respondents seeking any necessary clarification of their respective proposals and providing presentation requirements.

I. The oral presentation score for each short-listed respondent will start the scoring anew. The evaluation score will once again be ranked with each evaluator's highest score receiving a number of one (1). Their next highest score will receive a ranking of two (2). The rankings will be averaged. The lowest average will be the most favorable. The highest average ranking will be the least favorable.

J. Once the ranked short list of respondents has been prepared by the PSC, either the Board or the

PSC shall attempt to negotiate an agreement with the most favorable ranking respondent at compensation that is fair, competitive and reasonable.

K. If the PSC or the Board is unable to negotiate a satisfactory agreement with the most favorable ranking respondent, negotiations with that respondent will be terminated and the PSC or the

Board shall attempt to negotiate an agreement with the second most favorable ranking respondent. If these negotiations are not successful, negotiations will be terminated with the second most favorable ranking respondent and attempted with the third most favorable ranking respondent. If the Board or the PSC is not successful in negotiating a satisfactory agreement with any of the short-listed respondents, the Board or the PSC shall select additional respondents in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board, PSC, or Chief Procurement Officer may reject all proposals and may re-advertise for new proposals. All agreements negotiated by the

PSC shall be subject to final approval by the Board unless such approval is waived by the Board.

L. The County is the sole judge of the proposals, and whether the resulting agreement serves the

County's best interests. An award may be made to the most responsive and responsible respondent whose proposal is determined to be the most advantageous to the County. The

County’s decision is final, and the County reserves the right to:

1. Reject any or all proposals or parts thereof

2. Issue subsequent solicitations for the Services

3. Cancel this solicitation

4. Remedy technical errors in this solicitation

5. Negotiate with any, all, or none of the respondents

6. Award an agreement to one or more respondents or none at all

7. Accept other than the lowest price

8. Waive informalities and irregularities in offers

M. The County reserves the right to consider historic information and fact, whether gained from a respondent’s proposal, question and answer conferences, references, and other sources in the evaluation process.

N. The County reserves the right to conduct investigations it deems necessary to assist in the evaluation of any proposal and to determine the responsibility, qualifications and financial ability of any respondent, sub-contractor, supplier and other persons and organizations to perform and furnish the work in accordance with this solicitation.

O. It is solely your responsibility to submit information related to the evaluation categories. The

County is under no obligation to solicit such information if you fail to include it in your proposal.

Failure to provide requested information may result in the rejection of your proposal or a demerit in evaluation points at the sole discretion of the PSC.

5.6. DEBRIEFING OF RESPONDENTS:

Not earlier than thirty calendar days after the award of the Agreement, you may submit a written request to the applicable contract administrator or procurement agent for a debriefing on the evaluation of your proposal. The procurement agent will schedule a meeting with you for the debriefing.

However, at your request, the debriefing may be conducted via telephone conference or you may request a copy of the digital recording of the selection on CD for $15.00 fee. The debriefing shall include the following minimum information:

A. Key requirements of the solicitation.

B. The overall ranking of all proposals.

C. The significant weaknesses or deficiencies in your proposal to the requirements of the solicitation.

D. If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

E. If applicable, a summary of the rationale for award.

F. Responses to any of your relevant questions.

5.7. TERMS AND CONDITIONS:

A. The County reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment, best serves the interest of the County, or to award the Agreement to the second (or third, as explained above) most favorable ranked respondent if the most favorable ranked respondent does not execute an agreement within thirty days after approval of the selection by the Board or other authority.

B. The County reserves the right, and the Chief Procurement Officer has absolute and sole discretion, to cancel this solicitation at any time prior to approval of the award by the Board when such approval is required. The decision to cancel this solicitation cannot be the basis for a protest under Chapter 2, Article 5 of the Hernando County Code of Ordinances.

C. The County reserves the right to request clarification of information submitted and to request additional information of one or more respondents.

D. A sample agreement is attached for reference.

E. Information regarding PSC scheduling and Board approvals are available by calling the

Procurement Department at (352) 754-4020.

F. You may not submit a proposal in response to this solicitation if you have been placed on the

Convicted Vendor List pursuant to section 287.133, Fla. Stat., within the last thirty-six months. 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, Fla. Stat., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

G. The County’s performance and obligation to pay under the Agreement is contingent upon the

Board's annual appropriation for its purpose.

H. In your proposal, you must list all proposed sub-contractors you propose to utilize, including names, addresses, phone numbers, type of work to be performed (discipline, trade or commodity) and proposed percentage of work.

5.8. INDEMNITY, SAFETY AND INSURANCE PROVISIONS:

A. INDEMNITY, SAFETY AND INSURANCE PROVISIONS:

1. Indemnity: To the fullest extent permitted by Florida law, the Vendor/Contractor covenants, and agrees that it will indemnify and hold harmless the County and all of the County's officers, agents, and employees from any claim, loss, damage, cost, charge, attorney’s fees and costs, or any other expense arising out of any act, action, neglect, or omission by

Vendor/Contractor during the performance of the contract, whether direct or indirect, and whether to any person or property to which the County or said parties may be subject, except that neither the Vendor/Contractor nor any of its subcontractors, or assignees, will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the County or any of its officers, agents, or employees.

2. Protection of Person and Property:

a. The Vendor/Contractor will take all reasonable precautions for, and will be responsible for initiating, maintaining and supervising all programs relating to the safety of all persons and property affected by, or involved in, the performance of his operations under this Contract.

b. The Vendor/Contractor will take all reasonable precautions to prevent damage, injury or loss to: (a) all persons who may be affected by the performance of his operations, including employees; (b) all materials and equipment; and (c) all property at or surrounding the work site. In an emergency affecting the safety of persons or property, the Vendor/Contractor will act, with reasonable care and discretion, to prevent any threatened damage, injury or loss.

B. MINIMUM INSURANCE REQUIREMENTS: Vendor/Contractor shall procure, pay for and maintain at least the following insurance coverage and limits. Said insurance shall be evidenced by delivery to the County of a certificate(s) of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the County, and listing all carriers issuing said policies. The insurance requirements shall remain in effect throughout the term of this Contract.

1. Workers' Compensation: As required by law:

a. State......................................................................................Statutory

b. APPLICABLE FEDERAL.......................................................Statutory

c. EMPLOYER'S LIABILITY.......................................................Minimum:

i. $100,000.00 each accident

ii. $100,000.00 by employee

iii. $500,000.00 policy limit

d. Exemption per Florida Statute 440: If a Vendor/Contractor has less than three (3) employees and states that they are exempt per Florida Statute 440, they must provide an exemption certificate from the State of Florida. Otherwise, they will be required to purchase Workers’ Compensation Insurance and provide a copy of Workers

Compensation Insurance.

https://www.myfloridacfo.com/Division/WC/Employer/Exemptions/

2. General Liability: Comprehensive General Liability including, but not limited to, Independent

Contractor, Contractual Premises/Operations, and Personal Injury covering the liability assumed under indemnification provisions of this Contract, with limits of liability for personal injury and/or bodily injury, including death.

a. Coverage as follows:

i. EACH OCCURRENCE.................................................$1,000,000.00

ii. GENERAL AGGREGATE ......................................$2,000,000.00

iii. PERSONAL/ADVERTISING INJURY...........................$1,000,000.00

iv. PRODUCTS-COMPLETED OPERATIONS AGGREGATE..$2,000,000.00 Per Project

Aggregate (if applicable)

b. ALSO, include in General Liability coverage for the following areas based on limits of policy, with:

i. FIRE DAMAGE (Any one (1) fire........................................$50,000.00

ii. MEDICAL EXPENSE (Any one (1) person)......................... $5,000.00

3. Additional Insured: Vendor/Contractor agrees to endorse Hernando County as an additional insured on the Comprehensive General Liability. The Additional Insured shall read

“Hernando County Board of County Commissioners.” Proof of Endorsement is required.

4. Waiver of Subrogation: Vendor/Contractor agrees by entering into this Contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Vendor/Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then Vendor/Contractor aggress to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against

Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Vendor/Contractor enter into such an agreement on a pre-loss basis.

5. AUTOMOBILE LIABILITY: Comprehensive automobile and truck liability covering any auto, all owned autos, scheduled autos, hired autos, and non-owned autos. Coverage shall be on an

"occurrence" basis. Such insurance to include coverage for loading and unloading hazards.

Coverage as follows:

a. COMBINED SINGLE LIMIT (CSL).......................................... $1,000,000.00

b. BODILY INJURY (Per Person)................................................ $1,000,000.00

c. BODILY INJURY (Per Accident).............................................. $1,000,000.00

d. PROPERTY DAMAGE.............................................................$1,000,000.00

6. PROFESSIONAL LIABILITY (if applicable it will be noted below separately):

7. BUILDERS RISK INSURANCE (if applicable it will be noted below separately):

8. CRIME PREVENTION – BOND (if applicable it will be noted below separately):

9. EXCESS/UMBRELLA LIABILITY (if applicable it will be noted below separately):

10. POLLUTION LIABILITY (if applicable it will be noted below separately):

11. SUBCONTRACTORS (if applicable): All subcontractors hired by said Contractor are required to provide Hernando County Board of County Commissioners a Certificate of Insurance with the same limits required by the County as required by the Contract. All subcontractors are required to name Hernando County Board of County Commissioners as additional insured and provide a Waiver of Subrogation in regards to General Liability.

12. RIGHT TO REVISE OR REJECT: County reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, County reserves the right, but not the obligation, to review and reject any insurer providing coverage due of its poor financial condition or failure to operating legally.

C. EACH INSURANCE POLICY SHALL INCLUDE THE FOLLOWING CONDITIONS BY ENDORSEMENT TO

THE POLICY:

1. Vendor/Contractor agrees to provide County with a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and the Certificate of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Vendor/Contractor’s insurer. If the Vendor/Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives noticed that coverage no longer complies with the insurance requirements herein, Vendor/Contractor agrees to notify the County by email within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder shall read: Hernando

County Board of County Commissioners, Attention: Human Resources/Risk Department, 15470 Flight Path Drive, Brooksville, Florida 34604

2. Companies issuing the insurance policy or policies shall have no recourse against the County for payment of premiums or assessments for any deductibles which all are the sole responsibility and risk of Vendor/Contractor.

3. The term "County" or "Hernando County" shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the County and individual members, employees and agents thereof in their official capacities and/or while acting on behalf of

Hernando County.

4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County, to any such future coverage, or to County's Self-Insured Retentions of whatever nature.

D. The Vendor/Contractor shall be required to provide a current Certificate of Insurance to the

County prior to commencement of services.

E. Bidders may, at the County's request, be required to provide proof that their firm meets the preceding insurance requirements, by submission of a Certificate Of Insurance coverage(s), prior to award of the Contract.

F. Failure of the Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of the Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Vendor/Contractor’s obligation to maintain such insurance.

5.9. INSURANCE REQUIREMENTS (continued)

PROFESSIONAL LIABILITY (if applicable): including Errors and Omissions with minimum limits of

$3,000,000.00 per occurrence, if occurrence form is available; or claims made form with tail coverage extending three (3) years beyond completion and acceptance of the project with proof of tail coverage to be submitted with the invoice for final payment. In lieu of tail coverage, consultant may submit annually to the County a current Certificate of Insurance proving claims made insurance remains in force throughout the same three (3) year period.

Notwithstanding the requirements for Professional Liability Insurance listed above, Engineer and/or

Architect must provide evidence of coverage, a minimum of $1,000,000.00.

5.10. MAINTENANCE OF RECORDS:

You shall keep adequate records and supporting documents applicable to this contract. You shall retain said records and documentation for a minimum of five years from the date of final payment under the

Agreement. The County and its authorized agents has the right to audit, inspect and copy your records and documentation as often as it deems necessary during the term of the Agreement plus five years after final payment under the Agreement; provided however, such audits shall be conducted only during normal business hours. During the period of time defined by the preceding sentence, the County also has the right to obtain a copy of and otherwise inspect any audit made at your direction that concerns the aforesaid records and documentation. Pursuant to section 119.0701, Fla. Stat., you shall comply with

Florida's public records laws and shall:

A. Keep and maintain records required by the County to perform the service.

B. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat., or as otherwise provided by law.

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 for the duration of the

Agreement and, if you do not transfer the public records to the County, following completion of the Agreement.

D. Upon completion of the Agreement, transfer, at no cost, to the County all public records in your possession or keep and maintain public records required by the County to perform the

Agreement. If you transfer all public records to the County upon completion of the Contract, you shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If you keep and maintain public records upon completion of the Agreement, you shall meet all applicable requirements for retaining public records. Upon the request of the County's public records custodian, you must provide to the

County all records stored electronically in a format that is compatible with the County's information technology systems.

E. Your failure to comply with this section shall be deemed a breach of the Agreement and enforceable as set forth in Section 119.0701, Florida Statutes.

IF YOU HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

YOUR DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT 352-754-4020, PURCHASING@HERNANDOCOUNTY.US, OR 15470 FLIGHT

PATH DRIVE, BROOKSVILLE, FL 34604.

5.11. PROTESTS AND LOBBYING

To protest the solicitation's specifications or award or intent to award, you must file with the County a notice of protest and a formal written protest in strict compliance with the Hernando County

Procurement Manual, Section 22, which can be found at procurement-manual_v-july-2025.pdf. Your failure to timely file either or both the notice of protest and the formal written protest constitutes a waiver of protest proceedings. Additionally, your failure to post the protest bond or other security in strict accordance with the Hernando County Procurement Manual, Section 22, shall constitute a waiver of protest proceedings.

5.12. CONE OF SILENCE

A. You are hereby notified that a lobbying cone of silence period shall commence upon issuance of this solicitation until the Board selects the Successful Respondent. If the Board is not involved in selecting the Successful Respondent, the cone of silence period commences upon issuance of this Solicitation and concludes upon award of the Agreement. During the cone of silence period, you shall not, either directly or indirectly, seek information or clarification or contact in any way any County official or employee or member of the PSC concerning this solicitation with the exception of the Chief Procurement Officer, County Attorney, or an individual specifically designated in this solicitation for dissemination of such information. A copy of any written communication concerning this solicitation shall be filed with the Procurement Department and shall be made available to the public upon request. Your violation of the cone of silence renders mailto:PURCHASING@HERNANDOCOUNTY.US https://www.hernandocounty.us/media/vwnjxtgp/procurement-manual_v-july-2025.pdf an award to you voidable at the discretion of the Chief Procurement Officer with approval from the Board and may subject you to debarment. Nothing herein prevents you from taking part in a public meeting concerning this solicitation.

B. You shall not lobby, either individually or collectively, the members of the Board nor candidates therefor, nor any County official or employee, nor any member of the PSC, before or during the cone of silence concerning this solicitation. You shall not contact County personnel for such purposes as holding meetings of introduction, meals, or meetings relating to the selection process outside of those specifically scheduled by the County. Any such lobbying activities may cause your immediate disqualification from this solicitation.

5.13. E-VERIFY

A. You are advised that the County has entered into an agreement with U.S. Immigration and

Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent the knowing hiring of unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE

(the IMAGE Agreement). Accordingly, by submitting your proposal, you represent and warrant:

(a) that you are in compliance with all applicable federal, state and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employee’s eligibility to work in the United States, (b) that all of your employees are legally eligible to work in the

United States, and (c) that you have actively and affirmatively verified such eligibility utilizing the

Federal Government’s Employment Verification Eligibility Form (I-9 Form).

B. A mere allegation that you intend to use or currently use of unauthorized workers may not be a basis to delay the County’s award of an agreement unless such an allegation has been determined to be factual by ICE pursuant to an investigation conducted by ICE prior to the date an agreement is scheduled to be awarded by the County.

C. Legitimate claims of your use of unauthorized workers must be reported to both of the following agencies:

1. The County’s Procurement Department at (352) 754-4020: and

2. ICE (Immigration and Customs Enforcement) at 1-866-DHS-2-ICE

D. In the event it is discovered that your employees are not legally eligible to work in the United

States, the County may, in its sole discretion, demand that you cure this deficiency within a specified time frame; if you fail to do so, the County may immediately terminate the Agreement without any cost or penalty to the County, and may also debar you from bidding on all County solicitations for a period up to twenty-four months, and may also take any and all legal action the County deems appropriate.

E. You shall incorporate the following IMAGE Best Practices into your business and, when practicable, incorporate verification requirements into your contracts with sub-contractors:

1. Use the Department of Homeland Security employment eligibility verification program (E-

Verify) to verify the employment eligibility of all new hires.

2. Use the Social Security Number Verification Service and make good faith effort to correct and verify the names and Social Security numbers of the current workforce.

3. Establish a written hiring and employment eligibility verification policy.

4. Establish an internal compliance and training program related to the hiring and employment verification process, to include, but not limited to, completion of Form I-9, how to detect fraudulent use of documents in the verification process, and how to use E-Verify and the

Social Security Number Verification Service.

5. Require the Form I-9 and E-Verify process to be conducted only by individuals who received appropriate training and include secondary review as of each employee’s verification to minimize the potential for a single individual to subvert the process.

6. Arrange for annual Form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the Form I-9 process.

7. Establish a procedure to report to ICE credible information of suspected criminal misconduct in the employment eligibility verification process

8. Establish a program to assess sub-contractors’ compliance with employment eligibility verification requirements. Encourage sub-consultants to incorporate the IMAGE Best

Practices contained in this section and, when practicable, incorporate the verification requirements in sub-contractor contracts.

9. Establish a protocol for responding to letters received from Federal and State government agencies indicating that there is a discrepancy between the agency’s information and the information provided by the employer or employee; for example, “no match” letters received from…