RFQu_25-057-RM_Engineering_Consulting_Services.pdf

SOLICITATION COVER PAGE

Solicitation Number RFQu 25-057-RM

Solicitation Title

Professional Services Request For Qualifications For Engineering Consulting And Project Inspection Services For The Construction Of Two 69kv Underground Transmission Circuits Funded In Part By Grant Award ED24ATL0G0322 Awarded To The Kissimmee Utility Authority And The Board Of County Commissioners Of Osceola County, Florida, By The Economic Development Administration, U.S. Department Of Congress (“Project”).

Issue Date 6/27/2025 Questions/Comments Due Date

7/18/2025 2:00 PM EST

Solicitation Due Date/Time 7/29/2025 2:00 PM EST

Public Bid Opening https://zoom.us/j/93487729870

Meeting ID: 934 8772 9870

Pre-Bid Conference Information NO PRE-BID CONFERENCE

Site Visit W/Pre-Bid? N/A

Bid Bond No Bid Bond Required

Payment & Performance Bond

No Performance Bond Required

Anticipated Term Two (2) year term with possible renewal when in the best interest of KUA

Insurance Requirements (See Section 2.30-2.40 For Limits)

Professional Tier C - Greater Than $1,000,000, Design Value/Professional Services Under $10M

Ramandeep Mann, MBA, CPPB, NIGP-CPP

WWW.KUA.COM - PROCUREMENT

www.myvendorlink.com procurement@kua.com

Bidder Information for:

REMINDER: THIS COVER PAGE MUST BE INCLUDED WITH YOUR SUBMITTAL.

To ensure fair consideration, consistent and accurate dissemination of information for all bidders, KUA prohibits communication to or with any department, employee, or agent, except as authorized by the Procurement Division representative.

Company Name

Contact Name

Phone Number

Email Address

Signature https://zoom.us/j/93487729870 https://kua.com/about-kua/corporate-information/purchasing/ https://www.myvendorlink.com/common/default.aspx mailto:procurement@kua.com

REQUIRED FORM CHECKLIST

A selected box () on the items below indicates these are applicable items and the terms and conditions stated in all solicitation sections are applicable. Bidders shall complete all the forms selected () below, and include them in the submittal package in order listed below with any other requested information.

Required Forms (checked if applicable)

Submit all checked forms with bid package

Addenda Acknowledgement (If Applicable)

Certification of Proper Identification of Confidential Information

Conflict of Interest Statement

Drug-Free Workplace Compliance Certification

Exhibit A Pricing Schedule (upload as a separate Excel file to VendorLink)

Experience, References and Certification

Notices

Price Schedule Certification

Proposed Schedule of Subcontractors

Public Entity Crimes and Scrutinized Companies

Qualification & Project Manager

Scope of Services (RFP & RFQu)

Statement of Compliance and Exceptions

Statement of Inspection (If Applicable)

Vendor Access to KUA Systems and Networks Certification

Response Forms (place if applicable)

Statement of No Participation

REMINDER: THIS PAGE MUST BE INCLUDED WITH YOUR SUBMITTAL. FAILURE TO SUBMIT WITH YOUR

SUBMITTAL MAY BE CAUSE FOR DISQUALIFICATION.

Section Descriptions Solicitation Cover Page, Required Form Checklist Section 1 - Overview Section 2 - Instructions to Bidders Section 3 - General Conditions, Special Instructions & Insurance Requirements Section 4 – Scope of Service Appendix A – Sample Contract Agreement (Draft) Appendix B – Sample Project Inspection Agreement (Draft)

SECTION 1

OVERVIEW

A. Introduction

1. Pursuant to the requirements set forth in the Consultants’ Competitive Negotiations Act (CCNA), Chapter 287, Florida Statutes, and all policies and procedures promulgated thereby, Kissimmee Utility Authority “KUA”, an Equal Employment Opportunity (EEO) employer, does hereby announce that it is accepting written proposals from all qualified firms or individuals interested in providing electrical engineering services as described in the “Scope of Services” section of this Professional Services Request for Qualifications for document. The successful Proposer shall prove by its qualifications, experience, availability, approach, and plan for the work that it will best serve the overall needs of KUA. The selection of the successful Proposer shall be at KUA’s discretion and shall be made in a prompt manner after the receipt and evaluation of all responses.

2. The services provided under this Solicitation shall be financed by the Economic Development Administration (EDA), U.S. Department of Commerce and the Osceola County Board of County Commissioners (County). The successful Proposer shall have to enter into a Contract Agreement with KUA that is subject to the review and approval of the County and the EDA. That Contract Agreement will require the Proposer to agree to: (1) the Summary of EDA Construction Standards, (2) the competitive procurement standards of 2 C.F.R.

part 200, (3) EDA Regulations in 13 CFR Chapter III, as applicable, and (4) EDA Contracting Provisions for Construction Projects (together referred to as “EDA Standards and Requirements”).

B. Background

1. It is the intent of this Professional Services Request for Qualifications (RFQu) to hire a pre-qualified consulting engineering firm (hereinafter Consultant) to provide professional services as defined in the Section 4 – Scope of Services.

2. It is the intent and purpose of this solicitation to promote competition. It shall be the Proposer’s responsibility to advise the Procurement Services Representative at the address noted above, if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits competition or if the requirements stated in this document limits it to a single source. Such notification must be submitted in writing and must be received by the Procurement Services Representative no later than ten (10) calendar days prior to the proposal closing date.

3. Description: This Professional Services Request for Qualifications is for engineering consultant and project inspection services for the Project described in Section 4 - Scope of Services.

C. RFQu Timeline

Tentative Schedule

Task Date

RFQu Released to General Public 6/27/2025

RFQu Legal Advertisement 7/03/2025

RFQu Pre-Proposal Meeting (if applicable) N/A

Deadline for Questions by Interested Parties 7/18/2025

Proposal Due Date and Opening 7/29/2025

Evaluation and Selection TBA

Presentations, if required TBA

Board of Directors or President/General Manager Approval to Negotiate

TBA

Negotiations TBA

Board of Directors or President/General Manager Approval of Contract Agreement

TBA

D. Pre-Proposal Conference- None Scheduled

There will be no pre-proposal conference for this project or add date, time and location.

E. Specific Submittal Format

Specific Submittal Format Sections: Sections 1 to 5 shall be included in the Proposer’s submittal and shall appear “tabbed” accordingly.

1. Introduction “TAB 1” (5 Points). This section will contain a cover letter signed by an authorized representative of the Proposer. The table of contents will follow the cover letter. This section is not included in the overall page count.

The letter should disclose the Proposer and its location.

Proposer shall include in this section a complete description of their understanding of the services requested. This description should be as definitive as possible to allow reasonable understanding and evaluation of the Firm’s qualifications and demonstrate the Proposer’s understanding of the requested Scope of Services in Section 4.

2. Firm Information “TAB 2” (5 Points). This section shall briefly describe the Proposer’s organization and structure. State if all work will be performed in the named office or if another branch office may be used. If this work, or part of this work, is to be performed in another branch office, state the location and size of that office. In addition, include names of any anticipated subcontractors, if any, for services, and provide a table identifying the relationship between KUA and the subcontractors.

a) Sub-Contractors. Proposers must list any sub-contractors that shall be used to accomplish the Scope of Services on the Proposed Schedule of Subcontractor Participation. If no subcontractors are going to be used, check the box for “Subcontractors will not be utilized for this project” at the top of the form.

b) Corporate Standing. Proposers must provide a copy of their State Certificate of Good Standing/Articles of Incorporation listing the officers of the company. In addition to the aforementioned documents the Proposer must include the necessary information to verify that the individual signing the proposal is authorized to bind the corporation.

c) W-9/Vendor Update Form. Vendors that have not done business with KUA or have not provided a W-9/Vendor Update within two (2) years must complete the W-9/Vendor Update Form and submit with the proposal.

d) Proposer should demonstrate possession of a certificate of authorization to practice engineering in the state of Florida. Any Engineering Documents (as defined in Chapter 61G15-30 of the Florida Administrative Code) that may be prepared for KUA must be sealed by a professional engineer licensed in the state of Florida, or, in the case of engineers and firms of other states, by a professional engineer holding a temporary license to practice in Florida pursuant to Section 471.021 of the Florida Statutes.

e) Proposer (and Proposer’s Subcontractors) may not appear on the Excluded Parties List per www.SAM.gov.

f) Proposer shall include Proposer’s (and Proposer’s Subcontractors) Federal Entity Name and Unique Entity ID in its proposal.

http://www.sam.gov/

g) Proposer shall include an executed copy of Proposer’s (and Proposer’s Subcontractors) Certification Regarding Lobbying per Section 1352, Title 31, of the U.S. Code in its proposal.

h) Proposer and Proposer’s Subcontractors should show a regional presence with office locations allowing frequent site visits.

i) One sample report and one sample calculation are appreciated to demonstrate technical writing and work product organization, but are not mandatory. Redaction is acceptable.

j) The proposing engineering Proposer will need to allow its engineers to work on-site with Contractors and KUA employees, and also be able to work from its corporate office. All design work shall be in compliance with KUA standards as deemed acceptable by the KUA project engineer or manager. All design work shall be in compliance with all applicable laws, rules, codes and industry standards including, but not limited to, NEC, NESC, IEEE/ANSI.

k) The Proposer shall have a demonstrated safety focus and shall provide documentation on the Proposer’s safety record and safety program.

l) The Proposer shall have a demonstrated dedication to quality and shall provide documentation on the Proposer’s Quality

Assurance/Quality Control program.

m) Proposer should provide an overview of the Firm’s project management procedures and policies. Key topics should include:

• Client communications policies

• Management of staff workload and project schedules

• Billing/Invoicing practices

• Quality Assurance/Quality Control policies/practices

• Federal grant compliance procedures/practices

3. Assigned Professional Experience “TAB 3” (20 Points): See Section 4 - Scope of Services for information to be supplied for evaluation purposes. This section shall include the resumes of key personnel, and qualifications of specific individuals to be assigned to each project (include names, resumes, and roles of the individuals with experience in similar projects). If any subcontractors are listed in Section 4, a description of the roles of the key personnel proposed for each project will play shall be included, specifically their experience relative to each type of project.

a) Proposer should provide resumes or bios for professional staff who function as leads for the services requested, as well as the office or location of staff. Resumes should indicate PE license and the State issuing the license.

b) Proposer shall provide an organization chart that details the project team proposed. NOTE: Team Members identified by the Firm in their proposal must actually perform the Work unless Company receives prior approval from KUA to use an alternate Team Member.

c) Proposer shall provide the resumes of the Team Members to be assigned to perform the Scope of Services. The resumes provided shall identify the entire team proposed for use including any subcontractors.

d) At a minimum, each resume shall present the Team Member's name, title and years of service with the Company, applicable professional registrations, education, and work experience.

Resumes shall also identify any specialty or technical process expertise.

• Resumes shall be no more than two (2) pages in length, single sided, and should fit digitally on 8.5" by 11" sized sheet. If more than two (2) pages are submitted, only the information contained on the first two (2) pages will be evaluated by KUA. No more than four (4) resumes will be evaluated.

e) Proposer shall demonstrate sufficient staff depth to satisfy the requirements of this project.

• Proposer should identify the internal departments of its organization (and any subcontractors) that will provide each of the services requested, location of offices or departments, and should identify the number of engineers, technical and administrative support staff for each of those departments that would work on assignments.

• Provide the address of the Company's office that the proposed Project Manager normally works from and its distance from KUA’s Headquarters located at 1701 W.

Carroll Street, Kissimmee, Florida 34741. KUA will use Google Maps to verify distance.

• The Company's office must have been occupied and staffed with at least three (3) employees for a duration of six (6) months prior to the Proposal Due Date.

4. Company Experience, Previous/Similar Work Completed “TAB 4” (65 Points). See Section 4 - Scope of Services for information to be supplied for evaluation purposes. This section shall provide years of experience of the proposing firm in the specified work areas and examples of similar size projects with applicable reference information, with emphasis on similar projects in similar climates, including past performance; location; and recent, current and projected workloads of Firm. Concentrate only on those projects completed by the Proposer’s firms. Please indicate which team members were part of the referenced projects and will be a part of KUA’s projects. Indicate whether the experience was with the current firm or a past employer. In all illustrations of experience, indicate specifically the nature and extent of the work performed by the individuals or firms on prior similar projects, as well as the willingness to meet time and budget requirements. The title and a brief description of each project shall include:

1) Client Name, Address, Contact, and Phone and Fax Numbers,

2) Project Title,

3) Description of work performed, including the project location,

4) Year completed, and,

5) Fee charged / total cost of your contract.

A. Project Experience - Firm: Proposer should provide high level summaries of at least four (4) projects (a few paragraphs for each project will suffice) completed within the past five (5) years showing first-hand experience in providing the services for which Proposer is submitting its qualifications. Clearly identify services performed. The following information should be provided:

• Description of the project, the type of utility or company receiving the services.

• Identify four (4) separate project references and provide a client contact person (phone and email address).

Please provide a total of four (4) references for each service area or specific service the Firm is presenting qualifications for. Duplicates are allowed if the same client was provided services in different projects and different service areas.

• Three (3) additional projects are to be submitted in which the Proposer has successfully completed three (3) projects, within the last three (3) years as of the proposal due date, which represent transmission undergrounding projects as defined in the Scope of Services section. The three (3) projects do not have to cover all categories. In order for a project to be considered complete, the Company must have issued the final design package to the customer prior to the proposal due date (project does not need to be implemented as of the proposal due date).

B. Project Experience - Subcontractor: Proposer should provide the same level of detail provided for the Firm for any Subcontractor that the Firm plans to utilize in any capacity for the project. Additionally, Firm shall clearly denote what portion of the project scope will be assigned to the Subcontractor.

5. Attachments and Required Documentation “TAB 5” (5 Points). All attachments required by this RFQu document (as set forth in Required Forms section above) shall be fully executed by the Proposer. Failure to do so will diminish the Proposer’s score.

Proposal shall include the following Documentation:

a) Proof of Insurance: Failure to provide valid proof of insurance in accordance with this RFQu may be grounds for dismissal of the proposal.

This is a non-negotiable item. Surety issuing insurance certificate must carry an industry rating, per Best’s Financial Strength Rating, of “A” or higher.

b) Financial Requirements: Provide an official letter from the provider’s financial institution detailing the financial status of the Proposer. This letter shall include a contact name, address, phone number, and fax number.

Additional credit information, including but not limited to: audited financial statements, pro forma issues, or annual reports may be requested from the top-ranked Proposers.

c) Litigation: Please list any past and/or pending litigation or conflicts, relating to the work described herein, that the Proposer’s firm has been involved in within the last five (5) years. This list shall include the project name and the nature of the litigation.

F. Evaluation Point Values.

EVALUATION CRITERIA

Category Points

1. Introduction/Transmittal Letter 5

2. Firm Information 5

3. Assigned Professional Experience 20

4. Company Experience, Previous Similar Work Completed 65

5. Attachments and Additional Requirements (including Certified Minority Business Enterprises, etc)

Total Points 100

* Value included in technical compliance. Items will be used for comparative and relative evaluation purposes.

APPENDIX A - SAMPLE CONTRACT AGREEMENT

THIS CONTRACT AGREEMENT, made this ___ day of __________, 2025, and entered into by and between the KISSIMMEE UTILITY AUTHORITY, hereinafter referred to as the “Owner” and CONTRACTOR’S LEGAL NAME, hereinafter referred to as the “Contractor,” (also referred to collectively as the “Parties”) for the provision of the goods and/or services described and set forth in RFQu 25-057-RM, Professional Services Request For Qualifications For Engineering Consulting And Project Inspection Services For The Construction Of Two 69kv Underground Transmission Circuits Funded In Part By Grant Award ED24ATL0G0322 Awarded To The Kissimmee Utility Authority And The Board Of County Commissioners Of Osceola County, Florida, By The Economic Development Administration, U.S. Department Of Congress (“Project”).

WITNESSETH:

WHEREAS, the Owner has prepared, in accordance with the law, specifications, plans, terms and conditions and other Contract Documents (as that term is defined in Section 3 - General Conditions, Special Instructions and Insurance Requirements, Subsection 18 - Contract Documents Defined and Made Binding of Solicitation RFQu 25-057-RM Professional Services Request for Qualifications for Engineering Consulting And Project Inspection Services For The Construction Of Two 69kv Underground Transmission Circuit Funded in Part By Grant Award ED24ATL0G0322 Awarded To The Kissimmee Utility Authority And The Board of County Commissioners Of Osceola County, Florida, By The Economic Development Administration, U.S. Department of Congress ("Project") for the work as herein specified, and d; and WHEREAS, the Contractor has submitted to the Owner, a bid in accordance with the terms of this Contract Agreement and the Contract Documents; and

WHEREAS, the Owner, in the manner prescribed by law, has determined and declared Contractor to be the responsible bidder for the work specified herein and has duly awarded to Contractor a contract therefore, for the sum or sums named in the Contractor’s bid.

NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements contained herein and in the Contract Documents, the Parties to these presents have agreed and hereby agree, the Owner for itself and its successors and assigns, and the Contractor for itself, and its successors and assigns or executors and administrators, as follows:

ARTICLE I. The term of this Contract Agreement shall be a (2) year term with possible renewal when in the best interest of Owner, such renewal also subject to the approval of Osceola County and the EDA, beginning on MONTH DAY, YEAR and continuing through MONTH DAY, YEAR (“Term”). The decision to renew or extend shall be at the discretion of Owner.

ARTICLE II. The amount to be paid under this Contract Agreement for services rendered will not exceed Dollar Amount in Complete Words 00/100 ($ 00.00) annually, for a total not to exceed amount of Dollar Amount in Complete Words 00/100 ($ 00.00) for the Term of this Contract Agreement, in accordance with the Contractor’s Pricing Schedule set forth in Exhibit “A”, which is attached hereto and made a binding part hereof.

ARTICLE III. That time of completion is a basic consideration of the Contract Agreement, and the Contractor shall proceed with goods and/or services and shall conform to the specified schedule.

ARTICLE IV. Contractor acknowledges that work under this Contract Agreement may be reimbursed pursuant to federal disbursements made by the U.S. Economic Development Administration (EDA) and has familiarized itself with all applicable EDA constructions standards and requirements applicable to Contractor’s work under this Contract Agreement, in particular work assigned to it by Owner to assist Owner with carrying out its duties under EDA Grant No. ED24ATL0G0322. Accordingly, Contractor hereby certifies that it has familiarized itself with: (1) the Summary of EDA Construction Standards (attached hereto as Exhibit “B” and incorporated by reference herein), (2) the competitive procurement standards of 2 C.F.R. part 200, (3) EDA Regulations in 13 CFR Chapter III, as applicable, and (4) Standard Terms and Conditions for Construction Projects (attached hereto as Exhibit “C” and incorporated by reference herein) (together referred to as “EDA Standards and Requirements”) and agrees to be bound by and comply fully with these EDA Standards and Requirements on EDA funded projects.

ARTICLE V. The Owner and Contractor agree to the terms and conditions in the attached, RFQu 25-057-RM, Professional Services Request For Qualifications For Engineering Consulting And Project Inspection Services For The Construction Of Two 69kv Underground Transmission Circuits Funded In Part By Grant Award ED24ATL0G0322 Awarded To The Kissimmee Utility Authority And The Board Of County Commissioners Of Osceola County, Florida, By The Economic Development Administration, U.S. Department Of Congress (“Project”). FEMA/EDA Reimbursement Contract Agreement Rider and Certification Regarding Lobbying, hereinafter referred to as “Rider and Certification,” so that Owner can qualify for reimbursement by the Federal Emergency Management Agency, hereinafter referred to as “FEMA,” or the Economic Development Administration, hereinafter referred to as “EDA,” in the event Owner expends funds for goods and services provided under this Contract Agreement and the Contract Documents in response to a FEMA-qualified emergency or EDA grant opportunity. The Rider and Certification is attached to this Contract Agreement and incorporated by reference herein.

IN WITNESS WHEREOF, the Parties hereto have executed this Contract Agreement as of the day and year first above written.

Contractor - CONTRACTOR’S LEGAL NAME

Signature: ____________________________ Date: _____________

Print Name: ___________________________ Title: _____________

OWNER - KISSIMMEE UTILITY AUTHORITY

Signature: ____________________________ Date: _____________ President & General Manager

If full contract price equals or exceeds $250,000:

Signature: ____________________________ Date: _____________ Board of Directors Chairman

Attest: _______________________________ Date: ____________ Board of Directors Secretary

Signature: ____________________________ Date: _____________ Department Vice President

Approved as to form

Signature: ____________________________ Date: _____________ Attorney for Owner

FEMA/EDA Reimbursement Contract Agreement Rider and Certification Regarding Lobbying

Introduction By executing the Contract Agreement (“Contract”), the Kissimmee Utility Authority (“Owner”) and the successful bidder (“Contractor”) have agreed to the terms and conditions of this FEMA/EDA Reimbursement Contract Agreement Rider and Certification Regarding Lobbying (“Rider and Certification”), which is incorporated by reference into the Contract. Being bound by this Rider and Certification is necessary because in the event of a federally declared disaster impacting Owner’s service territory, Owner may seek reimbursement from the Federal Emergency Management Agency (“FEMA”) or Owner is seeking reimbursement from the Economic Development Administration, U.S.

Department of Commerce (“EDA”) for funds expended by Owner for goods and services rendered under the Contract. To qualify for reimbursement, FEMA and EDA mandate that applicants for funds, such as Owner, implement the contractual requirements contained in this Rider and Certification. Contractor acknowledges Owner’s expectation that all of its vendors comply fully with:

(1) applicable equal employment opportunity and non-discrimination local, state and federal laws and regulations, (2) the Fair Labor Standards Act wage and hour requirements, (3) the Clean Air Act, the Federal Water Pollution Control Act and any other applicable local, state and federal environmental laws and regulations, and (4) any applicable safety laws and regulations referenced below. Such compliance is required irrespective of Owner’s use of FEMA or EDA provided funds. Other than the potential use of FEMA or EDA funds to respond to a federally declared disaster, no federal monies will be sought to finance the goods and services provided under the Contract. Accordingly, no lobbying of federal officials is contemplated by Contractor related to the Contract.

Nothing contained in this Rider and Certification shall be construed as an agreement by Contractor to submit itself to laws or regulations or jurisdiction of any authority that would not have applicability or authority over Contractor absent Owner’s application for FEMA or EDA funds to reimburse goods and services rendered under the Contract.

Section 1. FEMA Reimbursement

This is an acknowledgement that FEMA and/or EDA financial assistance may be used to fund this agreement. Contractor will comply with all applicable federal law, regulations, executive orders, FEMA and EDA policies, procedures, and directives. However, the Federal Government is not a party to the Contract and is not subject to any obligations or liabilities to Owner, Contractor, or any other party pertaining to any matter resulting from the contract. Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the Contract.

Section 2. Changes

Any price changes sought by Contractor must be agreed to in writing at least 30 days prior to becoming effective or as specified by Owner’s purchasing policies and procedures. Any such change, modification, change order, or constructive change must be reasonable for the completion of project scope

Section 3. Access to Records

(a) Contractor agrees to provide Owner, the FEMA and/or EDA Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of Contractor which are directly pertinent to the Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

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

(c) Contractor agrees to provide the FEMA and/or EDA Administrator or an authorized representative access to construction or other work sites pertaining to the work being completed under the Contract.

Section 4. Suspension and Debarment

(a) The Contract is a covered transaction for purposes of 2 C.F.R. pt. 180, 2 C.F.R. 200, and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its 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).

(b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C, 2 CFR 200, 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.

(c) This certification is a material representation of fact relied upon by Owner. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C, 2 C.F.R.

200, and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida Division of Emergency Management, or other State of Florida agency responsible for processing FEMA applications, and Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

Section 5. DHS, EDA Seal, Logo, and Flags

The Contractor shall not use the DHS and/or EDA seal(s), logos, crests, or reproductions of flags or likenesses of DHS and/or EDA agency officials without specific FEMA and/or EDA pre-approval.

Section 6. Compliance with Federal Laws, Regulations, and Executive Orders

This is an acknowledgement that FEMA and/or EDA financial assistance may be used to fund goods and services provided by Contractor for this Contract only. The Contractor will comply will all applicable federal laws, regulations, executive orders, FEMA and EDA policies, procedures, and directives.

Section 7. No Obligation of Federal Government

The Federal Government is not a party to the 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.

Section 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 the Contract.

Section 9. Equal Employment Opportunity

During the performance of the Contract, Contractor agrees as follows:

(a) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 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, 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.

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.

(b) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(c) If applicable, 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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(d) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, setting forth non-discriminatory hiring practice requirements and of the rules, regulations, and relevant orders of the Secretary of Labor.

(e) 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 account by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(f) In the event of Contractor's noncompliance with the nondiscrimination clauses of the Contract or with any of the said rules, regulations, or orders, the Contract may be canceled, terminated, or suspended in whole or in part by Owner, and 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 as 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.

(g) Contractor will include the portion of the sentence immediately preceding paragraph

(a) and the provisions of paragraphs (a) through (g) 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. 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 Contractor may request the United States to enter into such litigation to protect the interests of the United States.

Section 10. Remedies

The remedies under the Contract are those set out in the Contract Documents (as defined in the Contract).

Section 11. Termination for Cause and Convenience; Remedies

Termination for cause and convenience shall be according to the terms and conditions set forth in the Contract Documents (as defined in the Contract).

Section 12. Procurement of Recovered Materials

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

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

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(b) 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.

Section 13. Bird Anti-Lobbying Amendment

Contractors who apply or bid for an award of $100,000 or more shall file the required certification (“Appendix A”). 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.

Section 14. Contract Hours and Safety Standards Act

(1) Overtime requirements. Neither the Contractor nor any 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.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (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 (1) of this section, in the sum of $10 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 (1) of this section.

(3) Withholding for unpaid wages and liquidated damages. FEMA and/or EDA 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 Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

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

Section 15. Clean Air Act

(a) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(b) Contractor agrees to report each violation to Owner and understands and agrees that Owner will, in turn, report each violation as required to assure notification to the Florida Department of Environmental Protection, FEMA and/or EDA, and the appropriate Environmental Protection Agency Regional Office.

(c) Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA and/or

EDA.

Section 16. Federal Water Pollution Control Act

(a) 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.

(b) Contractor agrees to report each violation to Owner and understands and agrees that Owner will, in turn, report each violation as required to assure notification to the Florida Department of Environmental Protection, FEMA and/or EDA, and the appropriate Environmental Protection Agency Regional Office.

(c) Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA and the

EDA.

APPENDIX A

44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000)

The undersigned, Contractor, certifies, to the best of his or her knowledge, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

SIGNATURE PAGE TO FOLLOW

CONTRACTOR’S LEGAL NAME - Signature of Authorized Official

CONTRACTOR’S LEGAL NAME - Name of Authorized Official

CONTRACTOR’S LEGAL NAME - Title of Authorized Official

Date

EXHIBIT A

CONTRACTOR’S PRICING SCHEDULE DRAFT

UNITED STATES DEPARTMENT OF COMMERCE

ECONOMIC DEVELOPMENT ADMINISTRATION

SUMMARY OF EDA CONSTRUCTION STANDARDS

A REFERENCE TOOL FOR CONSTRUCTION INVESTMENTS

MADE UNDER SECTIONS 201 OR 209 OF THE

PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965,

AS AMENDED (42 U.S.C. § 3121 ET SEQ.)

EXHIBIT B

TABLE OF CONTENTS

I. PURPOSE AND SCOPE OF THIS SUMMARY

A. PURPOSE

B. SCOPE

II. DEPARTMENT OF COMMERCE AND EDA POLICIES

III. REQUIREMENTS APPLICABLE TO EDA INVESTMENTS

A. GRANT RECIPIENT AS TRUSTEE

B. THE RECIPIENT’S RESPONSIBILITIES

C. EMINENT DOMAIN

D. RECORD-KEEPING REQUIREMENTS

E. THE FINANCIAL ASSISTANCE AWARD

F. FINANCIAL REPORTING

G. MONITORING AND REPORTING PROJECT PROGRESS

IV. PRE-CONSTRUCTION REQUIREMENTS

A. ENVIRONMENTAL COMPLIANCE

B. CIVIL RIGHTS COMPLIANCE

C. START OF CONSTRUCTION

D. PROJECT MANAGEMENT CONFERENCE

E. ARCHITECT/ENGINEER SERVICES

F. SERVICES PERFORMED BY RECIPIENT’S OWN FORCES

G. TRIBAL EMPLOYMENT RIGHTS ORDINANCES

H. LAND, EASEMENTS AND RIGHTS OF WAY

I. RELOCATION ASSISTANCE

J. EDA REVIEW OF PLANS AND SPECIFICATIONS

K. NON-EDA WORK

L. ALTERNATE CONSTRUCTION PROCUREMENT METHODS

M. OVERRUN AT THE BID OPENING

V. REQUIREMENTS DURING CONSTRUCTION

A. THE RECIPIENT’S RESPONSIBILITIES

B. CONTRACT CHANGE ORDERS

C. SPECIFIC REQUIREMENTS FOR SUBCONTRACTORS

D. CONTRACTING STANDARDS

E. COMPETITIVE PROCUREMENT REQUIREMENTS

VI. DISBURSEMENT OF GRANT FUNDS AND FINANCIAL ADMINISTRATION

A. PRE-DISBURSEMENT REQUIREMENTS

B. INTERIM DISBURSEMENTS

C. FINAL DISBURSEMENT

ii

VII. AWARD AMENDMENTS, APPROVALS, AND NOTIFICATIONS

A. AMENDMENTS

B. TIME SCHEDULE EXTENSIONS

C. BUDGET REVISIONS

D. ADDITIONAL EDA FUNDING

E. ADMINISTRATIVE APPROVALS AND NOTIFICATIONS

F. TERMINATION OF INVESTMENT ASSISTANCE

VIII. POST-CONSTRUCTION REQUIREMENTS

A. AUDIT REQUIREMENTS

B. DEPARTMENTAL AUDIT RESOLUTION PROCESS

C. PROPERTY MANAGEMENT

D. CLOSEOUT PROCEDURES

IX. APPENDIX

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PURPOSE AND SCOPE OF THIS SUMMARY

PURPOSE

This “Summary of EDA Construction Standards” (hereinafter referred to as “Summary”) describes the procedures for compliance, reporting, and record-keeping, and administrative requirements that apply to construction investments made by the Economic Development Administration (“EDA”) under sections 201 or 209 (42 U.S.C.

§ 3141 and 3149) of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) (“PWEDA”).

Terms and Conditions. Form CD-450, “Financial Assistance Award,” (the “Award”), executed by EDA and the Recipient, together with the EDA-approved project budget and scope of work, standard terms and conditions, speci award conditions, and all applicable federal statutory and regulatory requirements as incorporated by reference, constitute the complete requirements, hereinafter referred to as the “Terms and Conditions,” applicable to the EDA investment. This Summary is designed to help clarify these requirements. In the event that any term or provision in this Summary conflicts with or is inconsistent with any provision contained in the Terms and Conditions, the provisions of the Terms and Conditions are controlling.

SCOPE

This Summary applies to all Awards for construction projects and is based on the Office of Management and Budget’s (“OMB”) administrative and programmatic requirements for federal grants as set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and in EDA’s regulations implementing PWEDA.

These requirements are published in the Code of Federal Regulations (“C.F.R.”), each as amended from time to time:

13 C.F.R. chapter III (Economic Development Administration, Department of Commerce); and 2 C.F.R. part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards).

This Summary supplements the requirements set out in PWEDA, EDA’s regulations at 13 F.R. chapter III, the Terms and Conditions of the Award, 2 C.F.R. part 200 and the applicable requirements and authorities listed in the Appendix to this Summary and the hyperlinks set out therein (see section IX.). This Summary should be used as a reference tool to implement various requirements that apply to EDA construction investments made under sections 201 or 209 of PWEDA (42 U.S.C. §§ 3141 and 3149). This Summary is not a comprehensive source of information. In addition to PWEDA, a list of primary sources of legal requirements is set out above in section I.B.1.

II. DEPARTMENT OF COMMERCE AND EDA POLICIES

A. As a federal agency, EDA is obligated to promulgate regulations and establish policies and procedures applicable to Recipients of EDA investments to:

1. Ensure compliance with applicable federal requirements;

2. Safeguard the public’s interest in the grant assets; and

3. Promote the effective use of grant funds in accomplishing the purpose(s) for which they were awarded.

B. EDA or the Department of Commerce (the “Department” or “Departmental”) may issue changes from time to time to EDA’s regulations and other requirements and policies that apply to the Award. Such changes may upon occasion increase administrative or programmatic flexibility in administering the Award. The implementation of any such regulatory, administrative or programmatic change in administering the Award must have prior EDA written approval.

C. EDA’s policy is to administer all Awards uniformly; however, there may be special circumstances that warrant a variance. To accommodate these circumstances and to encourage innovative and creative ways to address economic development problems, EDA may consider requests for variances to the procedures set out in this Summary if they do not conflict with applicable federal statutory and regulatory requirements, are consistent with the goals of EDA’s programs, and make sound economic and financial sense.

III. REQUIREMENTS APPLICABLE TO EDA INVESTMENTS

A. GRANT RECIPIENT AS TRUSTEE

The Recipient of an EDA investment holds grant funds and any EDA-funded project property in trust for the purpose(s) for which the Award was made. The Recipient’s obligation to the Federal government continues for the estimated useful life of the project, as determined by EDA, during which EDA retains an undivided equitable reversionary interest (the “Federal Interest”) in the property improved, in whole or in part, with the EDA investment.

See 13 C.F.R. § 314.2; 2 C.F.R. §§ 200.41, 200.316.

If EDA determines that the Recipient fails or has failed to meet this obligation, the agency may exercise any rights or remedies with respect to its Federal Interest in the project.

However, EDA’s forbearance in exercising any right or remedy in connection with the Federal Interest does not constitute a waiver thereof.

B. THE RECIPIENT’S RESPONSIBILITIES

1. The Recipient is responsible for complying with all federal laws (and the regulations issued thereunder), federal, Departmental and EDA policies,…