CITY OF PENSACOLA

REQUEST FOR QUALIFICATIONS

RFQ NO.: 26-052

ILLUMINATING SAFETY IN PENSACOLA

Sealed and complete hardcopy statements of interest and qualifications with original or electronic signature and one (1) complete identical electronic copy (SINGLE PDF) on flash drive or CD, must be received no later than Monday, August 28, 2026, 2:30 P.M., Central time, at the following location.

City Hall (lobby) 222 West Main Street

Pensacola, Florida, 32502 Attention: Purchasing

The OUTER FACE of the sealed submittal package shall identify the respondent, the RFQ title, and the RFQ number (whether hand-delivered, mailed, or via UPS/FedEx or other courier service). Submittals received after the closing time will not be accepted. Multiple submittals from the same entity will not be accepted. After the submittal deadline those submittals received will be opened and publicly acknowledged. Interested parties may attend.

Alternatively, electronic responses may be submitted to Open Bids (fka) Demandstar or Central Bidding. Both sites require registration and varying fees for notifications and document downloads.

Those submittals received will be opened and publicly read the following business day (August 31, 2026, 10:00 A.M., Central time) via Microsoft Teams at the following link*:

Microsoft Teams RFQ Opening.

Specifications will be posted to the City’s website at www.cityofpensacola.com/bids.aspx.

Addenda will be posted to the City’s website. Companies are responsible for obtaining addenda and are advised to check the website frequently.

Any questions concerning the RFQ should include the Subject Line: RFQ 26-052 - RFI, and should be addressed and submitted in writing no later than August 18, 2026, at 10:00 A.M., Central time, to:

Dedria Lunderman, Purchasing Manager City Hall 6th Floor

222 West Main Street Pensacola, Florida 32502 purchasing@cityofpensacola.com https://www.demandstar.com/app/buyers/dashboard https://www.centralauctionhouse.com/rfpc10737-city-of-pensacola.html https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzhlMGMwODUtYjBlNi00YmIwLWE0N2QtYzgzMmRmOTc2YjE5%40thread.v2/0?context=%7b%22Tid%22%3a%222c65e340-c270-42f3-85c0-f94ce72e1e36%22%2c%22Oid%22%3a%22ee43ac82-7f3f-4ee7-9087-c5d0dc949018%22%7d http://www.cityofpensacola.com/bids.aspx mailto:purchasing@cityofpensacola.com

A tabulation of submittals will be posted to the City’s website at www.cityofpensacola.com/bids.aspx.

A Notice of Intent will be issued to respondents. This begins the protest period. Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes.

The City of Pensacola adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to City services, programs, and activities. Please email ADACoordinator@cityofpensacola.com or call (850) 436-5600. Requests must be made at least 48 hours in advance of the event in order to allow the City time to provide the requested services.

The City reserves the right to accept or reject any or all submittals, to waive any submittal informalities and to re-advertise for submittals when deemed in the best interest of the City.

Attest: CITY OF PENSACOLA Ericka L. Burnett D. C. Reeves City Clerk Mayor

The City of Pensacola provides equal access in employment and public services.

*Participation in a Microsoft Teams meeting requires a microphone and speakers; however, webcams are optional. Participants may join the meeting either via a PC or Smartphone. Please be sure to check the system requirements at the following link: Microsoft Teams System Requirements Check.)

SECURITY NOTICE

Visitors to City Hall may be required to stay in the lobby unless otherwise directed.

Late submittals will not be accepted.

FLORIDA GOVERNMENT IN THE SUNSHINE — PUBLIC RECORDS NOTICE

Pursuant to Section 286.011, Florida Statutes, all Evaluation Committee meetings under this RFP/RFQ are subject to Florida’s Government in the Sunshine Law — open to the public, noticed in advance, and documented as public records. Each Committee member shall sign a Sunshine Law acknowledgement prior to participating. All notes, scoresheets, and written communications are public records under Chapter 119, Florida Statutes, and subject to disclosure. Members shall not communicate privately with one another or with proposers outside of a duly noticed public meeting.

http://www.cityofpensacola.com/bids.aspx mailto:ADACoordinator@cityofpensacola.comcor https://docs.microsoft.com/en-us/microsoftteams/hardware-requirements-for-the-teams-app https://docs.microsoft.com/en-us/microsoftteams/hardware-requirements-for-the-teams-app

SCHEDULE OF EVENTS (subject to change)

Date Activity

July 30, 2026 Publish RFQ

August 18, 2026, 10:00 a.m. Questions due

August 28, 2026, 2:30 p.m. Submittals due

August 31, 2026, 10:00 a.m. Submittal Opening

September 8, 2026, 11:00 a.m. Distribution of Materials for Review

September 15, 2026, 11:00 a.m.

City Hall 1st floor conference room 222 West Main Street, Pensacola, FL 32502

Evaluation Committee Meeting Ranking / Shortlisting Qualifications

October 1, 2026, 11:00 a.m.

City Hall 1st floor conference room 222 West Main Street, Pensacola, FL 32502

Evaluation Committee Meeting (optional)

Oral Presentations Recommendation of Contract Award

All time are Central time.

I. GENERAL INSTRUCTIONS

A. The City reserves the right to hear oral presentations. Companies responding to the solicitation must be available for formal presentations/interviews to the Selection Committee. These will be held in person at City Hall, 222 West Main Street, Pensacola, FL 32502.

B. Submittals should respond to each item noted in the Submittal Format and

Evaluation Criteria in the order noted. Identify responses with the same paragraph notation as this RFQ.

C. Submittals must be typed or printed. All corrections made by the respondent prior to the opening must be initialed and dated by the respondent. No changes or corrections will be allowed after submittals are opened.

D. Any addendum issued will be made available on the City's website at http://www.cityofpensacola.com/bids.aspx. Interested bidders are advised to check the site frequently.

E. The City of Pensacola is not liable for any costs incurred by any interested party in responding to this RFQ.

F. By responding to this RFQ you are giving permission to the City to contact anyone you name as an associate, client, sub-Consultant or reference to confirm information provided.

G. No Contingency Fees: By responding to this solicitation, each Respondent warrants that it has not and will not employ or retain any company or person, other than a bona fide employee working solely for the company, to solicit or secure an agreement pursuant to this solicitation and that it has not and will http://www.cityofpensacola.com/bids.aspx not pay or agree to pay any person, company, corporation, individual or company, other than a bona fide employee working solely for the company, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of an agreement.

II. SCOPE OF WORK

Illuminating Safety in Pensacola project will include supplemental roadway safety planning to conduct a lighting assessment, which will include a deficiency analysis, inventory needs, and best practices for effective lighting installations that address safety for vulnerable users during dark conditions and improve safety and security of all road users, spanning different ages and abilities, including wheelchair and other mobility device users. Dark conditions contribute to unsafe conditions on our high injury crash network, so this approach will be guided by a Vision Zero commitment to zero roadway fatalities and serious injuries. The final product will be a plan that will help the City implement new lighting policies for installation based on safety metrics and provide tools for the City to utilize when considering lighting projects on different roadway classifications.

The City of Pensacola is seeking qualified firms to conduct a lighting assessment along City of Pensacola’s high injury crash network (Exhibit A) which will culminate in a lighting policy based on safety priorities and best practices, and include the following tasks and deliverables:

Tasks:

a. Lighting inventory with gap analysis and current deficiencies on the high injury crash network.

b. Design guidance for roadway and pedestrian scale lighting based on built environment, typical users, and transportation characteristics. City standardlight pole and fixture models will be utilized as foundation.

c. Literature review of best practices including smart lighting technologies and solar.

d. One Public Workshop

e. One City Council presentation

Deliverables:

a. City-wide lighting policy with Illumination Criteria and Minimum Illumination Levels to be used for citizen request and evaluating lighting condition on City roadways.

b. List of priority areas for future lighting installation.

c. Interactive ArcGIS map with current conditions, lighting needs, and relevant data layers like context classification, land use, and roadway functional classification.

d. Public Engagement material to communicate lighting conditions and collect public input on lighting policy.

e. Spreadsheet of inventory with information such as lighting locations, equipment selection, and data variables like illuminance standards.

f. Final report encompassing literature review, design guidance, public engagement, conditions analysis, and recommendations for priority areas.

The City will provide a previous lighting deficiency report from 2017, but cannot guarantee completeness.This project is federally funded through a United States Department of Transportation Safe Streets for All Grant and will need to meet federal standards. The project activities are intended to help supplement a Safety Action Plan.

III. SUBMITTAL FORMAT

Submittals shall be in the format described below. The selection criteria and points that will be used in ranking the submittals are noted in each section. (Sections C – F). Submittals shall be limited to forty (40) single-sided 8½ x 11” pages. Font shall be sans-serif 12-point at a minimum. Page count excludes the cover, cover letter, table of contents, section dividers, and any City-provided form. Qualifications shall be bound with spiral or similar binding that ensures the integrity of the submission. Each section in the submittal should follow the format/organization noted in this section (Sections A. – I.). Three to five firms may be short-listed based on the information provided on the forms and in the additional sections and those firms invited to an in-person interview. The City reserves the right to select directly from the Statements of Qualifications.

An Authorized Representative of the firm shall sign submittals. All information requested must be submitted. Failure to submit all information may result in a lowered evaluation score of the submittal. At its discretion, the City may waive minor discrepancies or reject submittals substantially incomplete or lacking key information.

A. Introduction

This section will contain a cover letter no longer than two (2) pages, signed by an authorized representative of the offering firm. A table of contents will follow the cover letter. This section should also include those required City forms within the RFQ, and any addenda issued.

1) Signature Sheet

2) Price Schedule

3) Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying

4) State of Florida Affidavit Regarding the Use of Coercion for Labor and

Services Pursuant to Florida Statute 787.06(13)

5) 52.209-5 FAR Certification Regarding Debarment, Suspension, Proposed

Debarment, and Other Responsibility Matters

6) 52.209-6 FAR Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

7) Drugfree Workplace Certificate

8) Non-Collusion Affidavit

9) Public Entity Crimes Statement

10) Anti-Kickback Affidavit

11) Statement of No Response

12) Acknowledgement of addenda (signed signature pages of addenda)

B. Firm Information

Briefly describe the firm’s organization and philosophy. Address each of the following items:

1) Business Structure (Corporation, Joint Venture, Partnership); proper incorporation by the Secretary of State and current Florida Professional Registration Certificate for general contractor certification.

2) Number of years in business.

3) Total staff and firm’s experience profile. This criterion identifies the relative size of the firm, including management, technical, and support staff. Technical staff shall be those persons proposed to be associated with the implementation of this project; project managers, engineers, supervisors, estimators, quality control manager, etc. Please describe all relevant warehouse, hangar, and maritime/port experience that the proposed team has been directly involved with.

4) Distance from the Site – Simply, the location in miles of the proposed operating office to the project site is to be listed.

5) Describe and explain any litigation, major disputes, contract defaults, and liens in the last 10 years.

EVALUATION CRITERIA BEGIN

The following criteria will be considered when selecting a firm:

C. Firm Experience (45 points)

• Major consideration will be given to the successful completion of previous projects comparable in nature, design, scope, and complexity with this project.

The City will consider statements of interest from firms that have not previously delivered a project under this model, as long as the firm otherwise demonstrates success on delivery of comparable projects. Firms should include any relevant projects that were at least partially funded through federal transportation dollars and those that address vision zero strategies to reduce fatalities for all transportation users.

List the projects which best illustrate the experience of the firm and current staff to be assigned to this project. (List no more than 10 projects, and no projects which were completed more than 10 years ago.).

• Name and location of the project

• Nature of the firm’s responsibility on this project

• Description of project

• Project owner’s representative’s name, address and phone number

• Project Client agency’s representative’s name, address, and phone number

(current information)

• Date project was completed or is anticipated to be completed

• Work for which the staff was responsible

• If the project is not complete, present status of this project

• Project Manager and other key professionals involved on listed project and who of that staff that would be assigned to this project.

D. Project Team (40 points)

• Provide qualification and composition of staff that will work on this project, including background and experience in the stated disciplines of lighting design, transportation planning, and public engagement.

E. Scheduling and Budget Estimates (15 points)

• With respect to the projects outlined in item “2” above, provide information with respect to:

o Proposed vs actual design schedule o Current workload

• Percentage of time each staff member can dedicate to the project.

F. Certification as/partnership with a City-certified Small Business Enterprise

(SBE) (3 points)

Indicate whether the firm is itself or is partnered with any City-certified Small Business Enterprise.

IV. INTERVIEW PROCESS

Firms will be evaluated for short-listing based upon the written material submitted to the City in response to this RFQ. The evaluation committee will review, and reserves the right to select directly from the submittals. The City may schedule formal presentations/interviews for those two to five (2-5) firms short-listed. If formal presentations/interviews are held, selected firms will be required to have the proposed project manager present to participate in the presentation/interview.

Presentations/interviews will be conducted in-person only.

Each firm will be allowed up to 40 minutes for a formal presentation, consisting of a reiteration of the written qualification demonstrating the firm’s grasp of the project.

The formal presentation will be followed by 20 minutes of Questions & Answers (Q&A). Any unused formal presentation time will be added to the Q&A period. A projection system is available, but presenters are requested to bring their own laptop and flash drives containing the complete presentation and any handouts. The selection committee would prefer a PowerPoint presentation. The presentations are closed to the public. The committee deliberations following the last presentation will be open to the public.

The evaluation committee will make a recommendation to the Mayor regarding the selection of the firms based upon the formal presentations/interviews. The Mayor will then forward his recommendation for award to the City Council for their approval.

V. General Terms and Conditions

A. Insurance and Indemnification

Before starting and until termination of work for, or on behalf of, the CITY, the CONSULTANT and any/all sub consultants shall procure and maintain insurance of the types and to the limits specified.

The term CITY as used in this section of the Contract is defined to mean the CITY of Pensacola itself, any subsidiaries or affiliates, elected and appointed officials, employees, volunteers, representatives and agents.

Insurance shall be issued by an insurer whose business reputation, financial stability and claims payment reputation is satisfactory to the CITY for the CITY’s protection only. Unless otherwise agreed, the amounts, form and type of insurance shall conform to the following minimum requirements, Consultant understands and agrees that increased limits and/or additional types of insurance may be required depending on the scope of service.

1. WORKERS' COMPENSATION

The CONSULTANT shall purchase and maintain Worker's Compensation

Insurance Coverage for all Workers' Compensation obligations as legally required. Additionally, the policy, or separately obtained policy, must include Employers Liability Coverage of at least $100,000 each person -accident, $100,000 each person - disease, $500,000 aggregate - disease. The policy must include coverage for United States Longshore & Harbor Act (USL&H).

2. COMMERCIAL GENERAL, AUTOMOBILE, PROFESSIONAL LIABILITY AND

UMBRELLA LIABILITY COVERAGES

The CONSULTANT shall purchase coverage on forms no more restrictive than the latest editions of the Commercial General Liability and Business Auto policies filed by the Insurance Services Office. The CITY shall be an Additional Insured for Commercial General Liability and umbrella liability and such coverage shall be at least as broad as that provided to the Named Insured under the policy for the terms and conditions of this Contract. The CITY shall not be considered liable for premium payment, entitled to any premium return or dividend and shall not be considered a member of any mutual or reciprocal company. Minimum limits as outlined below must be provided, with umbrella insurance coverage making up any difference between the policy limits of underlying policies coverage and the total amount of coverage required.

Commercial General Liability coverage must be provided, including bodily injury and property damage liability for premises, operations, products and completed operations, contractual liability and independent contractors.

The coverage shall be written on occurrence-type basis. Minimum limits of

$1,000,000 per occurrence and in the aggregate must be provided. The City of Pensacola must be listed as an additional insured.

Business Auto Policy coverage must be provided, including bodily injury and property damage arising out of operation, maintenance or use of owned, non-owned and hired automobiles. Minimum limits of $1,000,000 CSL must be provided

Professional Liability insurance coverage must be provided to afford protection for errors and omissions arising out of services provided under, or associated with this contract. Minimum limits of $1,000,000 per occurrence and $1,000,000 aggregate must be provided.

Umbrella Liability Insurance coverage shall not be more restrictive than the underlying insurance policy coverages. The coverage shall be written on an occurrence-type basis and the City listed as an additional insured.

CERTIFICATES OF INSURANCE

Required insurance shall be documented in the Certificates of Insurance that lists this Contract and provides that the CITY shall be notified at least thirty (30) days in advance of cancellation, nonrenewal or adverse change or restriction in coverage. If required by the CITY, the CONSULTANT shall furnish copies of the CONSULTANT's insurance policies, forms, endorsements, jackets and other items forming a part of, or relating to such policies. Certificates shall be on the "Certificate of Insurance" form equal to, as determined by the CITY an ACORD

25. Any wording in a Certificate which would make notification of cancellation, adverse change or restriction in coverage to the CITY an option shall be deleted or crossed out by the insurance carrier or the insurance carrier's agent or employee. The CONSULTANT shall replace any canceled, adversely changed, restricted or non-renewed policies with new policies acceptable to the CITY and shall file with the CITY Certificates of Insurance under the new policies prior to the effective date of such cancellation, adverse change or restriction. If any policy is not timely replaced, in a manner acceptable to the CITY, the CONSULTANT shall, upon instructions of the CITY, cease all operations under the Contract until directed by the CITY, in writing, to resume operations.

INSURANCE OF THE CONSULTANT PRIMARY

The CONSULTANT's required coverage shall be considered primary, and all other insurance shall be considered as excess, over and above the CONSULTANT's coverage. The CONSULTANT's policies of coverage will be considered primary as relates to all provisions of the Contract.

LOSS CONTROL AND SAFETY

The CONSULTANT shall retain control over its employees, agents, servants and subcontractors, as well as control over its invitees, and its activities on and about the subject premises and the manner in which such activities shall be undertaken and to that end, the CONSULTANT shall not be deemed to be an agent of the CITY. Precaution shall be exercised at all times by the Consultant for the protection of all persons, including employees, and property from harm caused by negligent acts or omissions of the consultant.

HOLD HARMLESS

The Consultant shall indemnify and hold harmless the City of Pensacola, its officers and employees, from any and all liabilities, damages, losses, and costs to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Consultant and persons employed or utilized by the Consultant in the performance of the contract. The Consultant’s obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance.

PAY ON BEHALF OF THE CITY

The CONSULTANT agrees to pay on behalf of the CITY, as well as provide a legal defense for the CITY, both of which will be done only if and when requested by the CITY, for all claims as described in the Hold Harmless paragraph. Such payment on the behalf of the CITY shall be in addition to any and all other legal remedies available to the CITY and shall not be considered to be the CITY's exclusive remedy.

FEDERAL CONDITIONS

Required Contract Provisions

1. BREACH OF CONTRACT TERMS (2 CFR § 200 Appendix II(A))

The City reserves the right to seek all remedies available under law in the event of a failure to perform or other breach of this Contract by the Contractor, and the failure of the City to employ a particular remedy shall not be regarded by the Parties as a waiver of that or any other available remedy.

2. TERMINATION FOR CAUSE OR CONVENIENCE(2 CFR § 200 Appendix II(B))

The City may terminate this Contract for cause or for convenience upon thirty (30) days prior written notice.

3. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

Clean Air Act Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G).

The contractor agrees to report each violation to the City of Pensacola and understands and agrees that the City of Pensacola will, in turn, report each violation as required to assure notification to the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with assistance provided by the federal government.

Federal Water Pollution Control Act The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

The contractor agrees to report each violation to the City of Pensacola and understands and agrees that the City of Pensacola will, in turn, report each violation as required to assure notification to the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with assistance provided by the federal government.

4. DEBARMENT AND SUSPENSION

This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.

pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by City of Pensacola. If it is later determined that the contractor did not comply with 2 C.F.R.

pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City of Pensacola, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

5. ACCESS TO RECORDS

The Contractor agrees to provide the City of Pensacola, the federal officials, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

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

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

In compliance with the Disaster Recovery Act of 2018, the City of Pensacola and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the federal government or the Comptroller General of the United States.

6. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE

ORDERS

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

7. NO OBLIGATION BY FEDERAL GOVERNMENT

The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR

RELATED ACTS

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

9. EQUAL EMPLOYMENT OPPORTUNITY

The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause: During the performance of this contract, the contractor agrees as follows:

The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The contractor will furnish all information and reports required by Executive Order

11246 of September 24, 1965, and by rules, regulations, and orders of the

Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive

Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the

Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of

September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United

States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September

24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to

Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Compliance with the Contract Work Hours and Safety Standards Act.

Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph

(b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

Withholding for unpaid wages and liquidated damages. The City of Pensacola shall upon its own action or upon written request of an authorized representative of the

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety

Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs

(b)(1) through (4) of this section.

11. PROCUREMENT OF RECOVERED MATERIALS

In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

a) Competitively within a timeframe providing for compliance with the contract performance schedule;

b) Meeting contract performance requirements; or

c) At a reasonable price.

Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of

Section 6002 of the Solid Waste Disposal Act.”

12. BYRD ANTI-LOBBYING AMENDMENT.

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.

Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Required Certification. If applicable, contractors must sign and submit to the non-federal entity the attached certification (Appendix A) https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

ATTACHMENT “C”

DAVIS BACON REQUIREMENTS - 29 CFR 5.5

(1) Minimum wages —

(i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (a)(4) of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

The wage determination (including any additional classifications and wage rates conformed under paragraph (a)(1)(iii) of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii) Frequently recurring classifications.

(A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this section, provided that:

https://www.ecfr.gov/current/title-29/part-3 https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(d) https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(e) https://www.govinfo.gov/link/uscode/40/3141 https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(v) https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(4) https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(iii) https://www.ecfr.gov/current/title-29/part-1 https://www.ecfr.gov/current/title-29/section-1.3#p-1.3(f) https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(iii)

(1) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

(2) The classification is used in the area by the construction industry; and

(3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

(B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

(iii) Conformance.

(A) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is used in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

(C) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(iii)(A)(3) mailto:DBAconformance@dol.gov fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or (D) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(v) Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met.

The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program.

(vi) Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

(2) Withholding —

(i) Withholding requirements. The [write in name of Federal agency or the recipient of Federal assistance] may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in paragraph (a) of this section for violations of this contract, or to satisfy any such liabilities required by any other mailto:DBAconformance@dol.gov https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(iii)(C) https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(iii)(D) https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(iii)(C) https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)(1)(iii)(D) https://www.ecfr.gov/current/title-29/section-5.28 https://www.ecfr.gov/current/title-29/section-5.5#p-5.5(a)

Federal…