Brickyard_Road_Drainage_Improvements_Construction_-_CDBG-DR_HS005_(Addendum_#1_Revision).pdf

INVITATION TO BID

PD 25-26.061

BRICKYARD ROAD DRAINAGE IMPROVEMENTS CONSTRUCTION -

CDBG-DR HS005

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: June 18, 2026

DEADLINE FOR QUESTIONS: July 6, 2026

RESPONSE DEADLINE: July 20, 2026, 1:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/escambiacountyfl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Escambia County

INVITATION TO BID

Brickyard Road Drainage Improvements Construction - CDBG-DR HS005

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions

4. CDBG-DR Specific Provisions

5. General Terms & Conditions

6. Construction Terms

7. Standard Insurance Requirements and Certificates

8. Insurance for Construction Contracts-General

9. Evidence/Certificates of Insurance

10. Pricing Table

11. Vendor Submissions

Attachments:

A - Exhibit.FederalContractProvisions.HUD with signature 5.6.26

B - Escambia_County_Section_3_Contract_Clause_CDBG-DR

C - Section-3-project-implementation-plan-template---forms-0-8

D - Escambia_County_Section_3_Business_Application_CDBG-DR

E - 01 Final Permit 061226

F - HUD_-_DOL_DB_Wage_Determinations (2)

G - Brickyard_Road_Drainage_Improvements_-

_GEOTECHNICAL_ENGINEERING_REPORT

H - ACOE_-_NWP_Permit_#_SAJ-2024-02241

I - Brickyard_Road_Pipe_Crossing_-_GEOTECHNICAL_ENGINEERING_REPORT

K - CSx1010115-_Executed_Agreement

Invitation To Bid #PD 25-26.061 Title: Brickyard Road Drainage Improvements Construction - CDBG-DR HS005

L -

HS005_Escambia_County_Regional_Stormwater_Hurricane_Sally_Infrastructure_R epair_Agreement (7)

M - HS005-A1_Executed (3)

N - FULL BRICKYARD PLANSET 05-28-26

O - Specification_References

Q - Heavy Wage Determination_SAM.gov_05.18.26

1. Introduction

1.1. Summary

The Brickyard Road Drainage Improvement Project consists of replacing an existing 36” culvert pipe beneath Brickyard Road near Barth Rd that was damaged during Hurricane Sally. The new culvert pipe will be extended from its original footprint and outfall beneath adjacent CSX Railroad right of way. Work includes, but is not limited to, reconstructing the roadway above the pipe, armoring the adjacent roadway shoulders, and installing a new headwall and rip rap at the outfall.

1.2. Background

On September 16, 2020, Hurricane Sally (DR-4564) swept over the Florida panhandle as a Category 2 hurricane, bringing heavy rainfall and flooding. The impacts of Hurricane Sally further demonstrated the need for an effective, comprehensive long-term recovery plan that would address and meet the remaining needs of Floridians following this catastrophic event. In the wake of this natural disaster, Florida came together to recover and rebuild, but significant unmet needs remain. Recognizing this, under FR Vol. 77 No. 23 published February 3, 2022, Congress appropriated and the U.S. Department of

Housing and Urban Development (HUD) allocated a total of $113 million in funding to support long-term recovery efforts following Hurricane Sally through the Florida Department of Commerce (Commerce)

Community Development Block Grant Disaster Recovery (CDBG-DR) Program.

1.3. Contact Information

Travis Simmons

Purchasing Grant Coordinator

213 Palafox Place

Pensacola, FL 32502-5822

Email: rtsimmons@myescambia.com

Phone: (850) 595-4918

Department:

Purchasing

1.4. Timeline

Release Project Date June 18, 2026 mailto:rtsimmons@myescambia.com tel:(850)595-4918

Pre-Bid Meeting (Non-Mandatory) June 25, 2026, 11:00am

Office of Purchasing

213 Palafox Pl 2nd Floor

Pensacola, FL 32502

OR

MS Teams https://teams.microsoft.com/meet/237758337505

976?p=FH9u1c3hmML42qgM0j

Meeting ID: 237 758 337 505 976

Passcode: Ga9d6DU7

Dial in by phone

+1 863-333-5817,,967564880# United States, Lakeland

Find a local number

Phone conference ID: 967 564 880#

Question Submission Deadline July 6, 2026, 12:00pm https://teams.microsoft.com/meet/237758337505976?p=FH9u1c3hmML42qgM0j https://teams.microsoft.com/meet/237758337505976?p=FH9u1c3hmML42qgM0j

Bid Opening July 20, 2026, 1:00pm

Office of Purchasing

213 Palafox Pl 2nd Floor

Pensacola, FL 32502

OR

MS Teams https://teams.microsoft.com/meet/262740990367

877?p=6t404LgtMXqjotNyxe

Meeting ID: 262 740 990 367 877

Passcode: 6wa2fZ3d

Dial in by phone

+1 863-333-5817,,38572710# United States, Lakeland

Find a local number

Phone conference ID: 385 727 10#

2. Scope of Work

2.1. Scope of Work

The Brickyard Road Drainage Improvement Project consists of replacing an existing 36” culvert pipe beneath Brickyard Road near Barth Rd that was damaged during Hurricane Sally. The new culvert pipe will be extended from its original footprint and outfall beneath adjacent CSX Railroad right of way. Work includes, but is not limited to, reconstructing the roadway above the pipe, armoring the adjacent roadway shoulders, and installing a new headwall and rip rap at the outfall.

Pursuant to 2 CFR part 184.8, Build America, Buy America Act (BABA) preference does not apply to

CDBG-DR, CDBG-NDR, or CDBG-MIT grants.

2.2. Related Documents

All roadway and drainage construction shall comply with the following. (Please request a copy from your procurement contact if needed.):

• Escambia County Technical Specifications, latest edition, and all interim standards that apply to these editions

• Florida Greenbook 2023 Edition and 2026-2027 FDOT Standard Plans Indices as indicated

• The Florida Department of Transportation, FY 2026-27 Standard Specifications for Road and

Bridge Construction. However, any reference to FDOT Standard Specifications for Road and

Bridge Construction, latest edition, Division 1, General Requirements and Covenants, shall be https://teams.microsoft.com/meet/262740990367877?p=6t404LgtMXqjotNyxe https://teams.microsoft.com/meet/262740990367877?p=6t404LgtMXqjotNyxe excluded and not applicable to any specification referred herein or otherwise listed in these documents or in the Escambia County Technical Specifications unless specifically included

• Section 3 and Davis Bacon will apply

2.3. Licenses / Certifications

• Escambia County Business License

• FDOT prequalified for "Drainage" Work Class

• Work Zone Safety Traffic Supervisor Certifications

• Certified Stormwater Management Inspector

3. Solicitation Terms and Conditions

Normal ITB

3.1. Solicitation Terms and Conditions

Submission of a bid in accordance with these Terms and Conditions and the General Terms and

Conditions provided in Section IV below constitutes a binding offer from the bidder. The Terms and

Conditions incorporated herein will become a part of the written agreement between the parties.

Pre-Bid Inquiries

All inquiries concerning the solicitation, including, but not limited to, the scope of work, specifications, additional requirements, attachments, general or supplemental terms and conditions, must be submitted to the Office of Purchasing via email through the e-procurement portal hosted by OpenGov, Attention: Travis Simmons, Purchasing Grant Coordinator, rtsimmons@myescambia.com.

All questions or inquiries must be received no later than the last day for questions stated on the cover page of the solicitation. Any modification to the bid documents will be in the form of a written addendum issued by the County not less than five (5) days prior to the date and time of bid closing.

Addenda will be provided to each bidder via email and posted to the Escambia County website at

Escambia County Solicitations (https://procurement.opengov.com/portal/escambiacountyfl). Such written addenda or modification shall be part of the solicitation documents and shall be binding upon each bidder. Each bidder is required to submit with the bid a written acknowledgment to confirm receipt of any and all addenda. No bidder may rely upon any verbal modification to or interpretation of the solicitation documents, and no interpretation shall be considered binding unless provided in writing by the Office of Purchasing as provided in this provision.

Examination of Documents and Site

Before submitting a bid, the bidders shall familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials, and labor required. Bidders shall also examine all drawings, specifications, addenda, and https://procurement.opengov.com/portal/escambiacountyfl other relevant documents to be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract.

Preparation of Bid

A bid form is included in these specifications. The bidder shall submit bids in accordance with the bid documents. The individual who signs the bid form must be listed as an authorized representative with the records on file with the Florida Division of Corporations website (Sunbiz) with the principal address provided below the signature.

All blanks in the bid documents shall be completed by printing in ink or by computer with the amounts extended, totaled and the bid signed. Any blanks in the bid form will be interpreted as a “No Bid” or “No

Cost” item. No changes shall be made to the phraseology of the form or in the items mentioned therein.

Any bid which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of the solicitation may be rejected.

The bid shall include evidence of bidder’s authority and qualification to do business in the State of

Florida. As applicable, a state contractor license # for the State of Florida shall also be included on the bid form. Bidder shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

The bid shall be based upon the completion of the Scope of Work according to the drawings and specifications, together with all addenda thereto. Bids must include lump sum pricing. All proposed fees and costs must be broken down and disclosed in the bid.

Integrity of Documents

Bidders shall use the original bid documents provided by the Office of Purchasing and enter information only in the spaces where a response is requested. Bidders may use an attachment to the bid documents if sufficient space is not available. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, may constitute grounds for rejection of a bid. Any such modification or alteration that a bidder wishes to propose must be clearly stated in the form of an addendum to the original bid documents.

Submittal of Bid

A bid shall be submitted no later than the date and time prescribed in the Invitation to Bid and shall be accompanied by the bid security and other required documents. Applicable bond documents may be uploaded, but any physical checks presented must be delivered to the Office of Purchasing prior to the

Bid Opening. It is the bidder’s responsibility to ensure that its bid is delivered at the proper time and place. Offers by email, facsimile, or telephone will NOT be accepted.

Each bidder’s submittal shall include all the items listed in the Vendor Submissions section.

Withdrawal of Bids

A bidder may withdraw its bid, either personally or by written request, at any time prior to the scheduled time for Bid Opening. Requests to alter or withdraw a bid must be submitted in writing to the https://procurement.opengov.com/portal/escambiacountyfl/projects/260891/document?section=undefined

Purchasing Director. Bids may not be altered or unilaterally withdrawn by the contractor after the scheduled time for bid opening. All bids not so withdrawn shall constitute an irrevocable offer and will remain subject to acceptance or rejection by the County for a period of 90 calendar days.

Bids to Remain Subject to Acceptance

All bids will remain subject to acceptance or rejection by Escambia County for ninety (90) calendar days after the day of the bid opening. The County may, in its sole discretion, release any bid and return the bid security prior to the end of this period.

Conditional or Incomplete Bids

Escambia County specifically reserves the right to reject any conditional or incomplete bid.

Addition/Deletion of Item(s)

The County reserves the right to add or delete any item(s) from this bid or resulting contract when deemed to be in the County’s best interest.

Changes to Specifications

Specifications are based on the most current literature available. The Office of Purchasing must be notified in writing of any proposed changes to the manufacturer’s specifications, including, but not limited to, materials used, manufacturing process, or construction, that conflict with the specifications provided in the solicitation. Proposed changes must be explained in detail along with a copy of the relevant manufacturer’s specifications. Proposed changes to the specifications provided in the solicitation shall not be binding upon the County unless evidenced by a Change Notice issued and signed by the Purchasing Director. Should the bidder fail to comply with this provision, the bidder will be liable for any costs incurred by the County to comply with the specifications provided in the solicitation.

Disqualification of Bidders

Any of the following reasons may be considered as sufficient for the disqualification of a bidder and the rejection of its bid:

• Submission of more than one bid for the same work from an individual, firm, or corporation under the same or different name. Evidence that the bidder has a financial interest in the firm of another bidder for the same work.

• Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the County until such participant has been reinstated as a qualified bidder.

• Incomplete work which in the judgment of the County might hinder or prevent the bidder’s prompt completion of additional work if awarded.

• Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the invitation to bid or default under previous contract.

• Listing of the bidder by any Local, State or Federal Government/Agency on its debarred/suspended vendor list.

Investigation of Bidder

The County may make such investigations, as it deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest. The bidder shall furnish to the County any additional information and financial data for this purpose as the County may request.

Evaluation of Bids and Award of Contract

Escambia County will review all bids and will provide the recommendation to award to the County

Administrator, and the Board of County Commissioners. The County will award the bid to the most responsive and responsible firm(s) with the lowest responsive bid(s), principally based on price. The

County reserves the right to award the bid to the bidder submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all bids or to waive any irregularity or technicality in bids received. Escambia County shall be the sole judge of the bid and the resulting agreement that is in its best interest and its decision shall be final.

Escambia County reserves the right to reject any or all bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional bids. The County further reserves the right to reject the bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating

Bidders, the County may consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted with the Bid Form.

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

Award

Award shall be made on an “all-or-none total” basis.

Form of Agreement

The contract shall be provided by the Office of Purchasing. The successful bidder shall, within 5 days after receipt of the Intent to Award and the contract forms or documents, sign and deliver to the County

Legal Office all required contract documents. Failure to execute the contract within such period shall constitute a default, and the county may award the contract to the next responsive and responsible bidder or re-solicit and charge against the bidder the difference between the amount of the offer and the amount for which a contract is subsequently executed, irrespective of whether the amount due exceeds the amount of the bid surety. The awarded contractor shall also deliver the policies of insurance or insurance certificate(s) as required. All insurance documents shall be approved by the Risk Manager before the successful bidder may proceed with the work.

Indemnification

Offeror agrees to save harmless, indemnify, and defend County and their elected and appointed officials, agents, officers, and employees from any and all claims, losses, penalties, interest, demands, judgments, and cost of suit, including attorneys’ fees, and paralegals’ fee, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the work performed by Offeror under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted Offeror; or resulting from the use by Offeror, or by anyone for whom Offeror is legally liable, of any materials, tools, machinery or other property of County. County and Offeror agree the first $100.00 of the Contract Amount paid by County to Offeror shall be given as separate consideration for this indemnification, and any other indemnification of County by Offeror provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Offeror by Offeror’s acceptance and execution of the Agreement. The Offeror'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.

The Offeror agrees to pay on behalf of Escambia County, as well as provide a legal defense for the County, both of which will be done only when requested by the County, for all claims made. Such payment on behalf of the County shall be in addition to all other legal remedies available to the County and shall not be the County's exclusive remedy.

4. CDBG-DR Specific Provisions

MBE/WBE affirmative steps

Per 200.321(b)(6), contractors under a federal award are required to apply considerations under 2 CFR

200.321(b) to any subcontracts:

When possible, the contractor or subcontractor should ensure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered.

Suspension & Debarment Requirements

Per 24 CFR 570.609, contractors under a federal award are required to comply with applicable

Suspension and Debarment requirements:

Contractors must ensure that they, their principals, and any subcontractors are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federally funded transactions by any federal department or agency.

Compliance with this requirement includes:

(1) Verifying the eligibility status of the contractor and its principals prior to contract award;

(2) Checking the System for Award Management (SAM) or other applicable federal databases to confirm that no parties are excluded from participation;

(3) Including a requirement in all subcontracts that subcontractors certify compliance with Suspension and Debarment requirements;

(4) Monitoring subcontractor compliance with these requirements throughout the term of the contract;

and

(5) Taking appropriate action, up to and including termination, if a contractor or subcontractor is found to be in violation of these requirements.

Procurement of Recovered Materials

Per 2 CFR 200.323, the contractor shall comply with all applicable requirements for the procurement and use of recovered materials in federally funded projects. Contractors are required to ensure that, to the greatest extent practicable, materials and products purchased under this contract contain recovered or recycled content, as designated by the U.S. Environmental Protection Agency Comprehensive

Procurement Guidelines (CPG).

Compliance with this requirement includes:

(1) Procuring only items designated in the EPA CPG that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of such items acquired during the preceding fiscal year exceeded $10,000;

(2) Implementing affirmative procurement programs that promote the purchase of recovered materials;

(3) Ensuring that all applicable contracts and subcontracts include provisions requiring suppliers to comply with these recovered materials requirements;

(4) Maintaining records documenting the quantity and type of recovered materials purchased and used;

and

(5) Complying with all other applicable requirements of Resource Conservation and Recovery Act

Section 6002 and related regulations.

Failure to comply with these requirements may result in appropriate enforcement actions, consistent with federal, state, and local procurement policies.

Domestic Preference Requirements

Per 2 CFR 200.322, the contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States for all federally funded contracts. This requirement applies to all contractors and subcontractors performing work or supplying materials under this agreement.

Compliance with this requirement includes:

(1) Ensuring that all iron, steel, manufactured products, and construction materials used in the project are produced in the United States, to the greatest extent practicable;

(2) Incorporating domestic preference requirements into all applicable solicitations, contracts, and subcontracts;

(3) Requiring contractors and subcontractors to certify the origin of materials and products supplied under the contract upon request;

(4) Maintaining appropriate documentation demonstrating compliance with domestic preference requirements; and

(5) Evaluating and documenting any use of foreign-sourced materials when domestic alternatives are not reasonably available, are of unsatisfactory quality, or would increase the cost of the overall project in a manner inconsistent with sound procurement practices.

Endangered Species

• Eastern Indigo Snakes o Use updated 2024 Standard Protection Measures for Eastern Indigo Snakes to support a

May Affect, Not Likely to Adversely Affect determination for this species.

• Tricolored Bats (Perimyotis subflavus)- This species is proposed to be listed as Endangered.

There is a high likelihood of this species occurring within the project area year-round. Tricolored bats (TCB) have been documented using culverts and bridges as winter roosts and this project also requires tree clearing activities. Consultting on a proposed species is at the descretion of the Action Agency, if the Action Agency opts not to consult on this species at this time, consultation will need to be reinitiated once the final rule goes into effect. If you would like to consult on this species at this time, I make the following recommendations to facilitate an affect analysis:

o Commit to surveying the culverts and bridge according the survey protocols approved by the

Service which can be found here:

https://www.fws.gov/sites/default/files/documents/USFWS_Range-wide_IBat_%26_NLEB_Survey_Guidelines_2023.pdf

▪ This survey protocol isn't specific to tricolored bats, but there is a lot of overlap and the document has this note "These protocols may also be used for tricolored bat (Perimyotis subflavus; TCB) presence/probable absence surveys using the NLEB level of effort (LOE) for the 2023 field season. The only differences are our definition of suitable summer habitat for tricolored bats (Appendix A), radio-tracking of TCB should prioritize identification of the immediate roosting area of the transmittered bat given the difficulty in locating the bats exact roosting location (Appendix D), emergence surveys for TCB is not a viable option given the variability in roosting locations (Appendix E), use of a 3-mile conservation buffer around TCB capture/detections and 1.5-mile buffer around TCB roost trees/areas for applying the Outer-tier Guidance (Appendix G), and internal surveys of potentially suitable hibernacula may be completed for TCB (Appendix

H).

o Commit to time of year restrictions on tree clearing to reduce impacts to TCBs during the non-volant pup season (May 1-July 15) o Commit to no tree clearing will occur when day-time high temperatures are below 45 degrees

Failure to comply with these requirements may result in appropriate enforcement actions in accordance with applicable federal, state, and local regulations.

5. General Terms & Conditions

Any and all Supplemental Terms and Conditions and specifications referenced within the solicitation that vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and Supplemental Terms and Conditions constitutes https://urldefense.com/v3/__https:/www.fws.gov/sites/default/files/documents/USFWS_Range-wide_IBat_*26_NLEB_Survey_Guidelines_2023.pdf__;JQ!!HBkrTJ0WuSgwNeGG-g!edrsBB2i22BA0Lq1yRESNnugy1MvX2Hfcs68-WHQEgpEG-H7nUqttXulKipuO-RyByQiu8xGlBdwEM1_3pxTDIN1novI$ https://urldefense.com/v3/__https:/www.fws.gov/sites/default/files/documents/USFWS_Range-wide_IBat_*26_NLEB_Survey_Guidelines_2023.pdf__;JQ!!HBkrTJ0WuSgwNeGG-g!edrsBB2i22BA0Lq1yRESNnugy1MvX2Hfcs68-WHQEgpEG-H7nUqttXulKipuO-RyByQiu8xGlBdwEM1_3pxTDIN1novI$ a binding offer from the offeror. The terms and conditions incorporated herein will become a part of the written agreement between the parties.

Prospective offerors may utilize the Office of Purchasing Home Page to obtain Vendor Information and

Solicitation Information, including Bid/Proposal Tabulations, Recommended Award(s), etc. In order to participate in a solicitation, offerors must establish an account via the e-procurement portal of the

County’s vendor management software hosted by OpenGov. Once the vendor registration is completed, the offeror will receive all notifications relating to the relevant solicitation via e-mail to the address registered with the account.

1. Sealed Solicitations: All solicitation forms shall be executed and submitted in the e-procurement portal of the County’s vendor management software. The file name shall contain the solicitation number and title and the contractor/vendor’s name. All solicitations are subject to the terms and conditions specified herein. Solicitation offers which do not comply with these terms and conditions are subject to rejection.

2. Execution of Solicitation: Solicitation forms shall be manually or electronically signed by an authorized representative in the space provided. Persons signing on behalf of a corporate entity must be identified as President or Vice President with the records on file with the Florida Division of Corporations or otherwise authorized by corporate resolution of the Board of Directors.

Persons signing on behalf of a limited liability company must be identified as a managing member or other authorized representative with the records on file with the Florida Division of

Corporations.

3. No Offer: If not submitting an offer, respond by selecting the “NO BID” option in the e-procurement portal of the County’s vendor management software, specify the reason in the drop-down menu, and confirm the “NO BID” before the expiration of the Submission Deadline.

4. Conduct of Participants: The following policy will apply to all solicitations:

Conduct of Participants.

After the issuance of any solicitation, all bidders/proposers/protestors, or individuals action on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County official, their agents or employees, or any member of the relevant Selection Committee at any time during the blackout period as defined herein;

provided, however, nothing herein shall prohibit bidders/proposers/ protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the

Purchasing Director.

Definitions.

Blackout Period means the period between the time the bids/proposals for Invitations to Bid or the Request for Proposal, or Qualification, or Information, or Request for Letters of Interest, or the Invitation to Negotiate, as applicable, are received at the Escambia County Office of

Purchasing, and the time the Board awards the Contract and any resulting bid protest is resolved or the solicitation is otherwise cancelled.

Lobbying means the attempt to influence the thinking of elected County officials, their agents or employees, or any member of the relevant Selection Committee, for or against a specific cause related to a pending solicitation.

5. Additional Terms and Conditions: No additional terms and conditions included with the offer will be considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. It is understood and agreed that the General and

Supplemental Terms and Conditions in this solicitation are the only terms and conditions applicable to this solicitation, and the contractor’s authorized signature affixed to the offer attests to this.

6. Mistakes: Contractors are expected to examine the specifications, delivery schedule, solicitation prices, extensions, and all instructions pertaining to supplies and services described in the solicitation. Failure to do so will be at contractor’s risk. In the event of an error in the extension of the unit price, the unit price will govern.

7. Prices: All offers shall include firm unit prices that include all packing, handling, shipping charges, and delivery to any point within Escambia County, Florida.

8. Discounts: Discounts for prompt payments shall not be considered when determining the lowest net cost for solicitation evaluation purposes except in cases of tie solicitations.

9. Product Literature: Offeror shall provide a copy of any relevant product literature and price list(s) with the offer.

10. Abnormal Quantities: Should any unusual or abnormal quantity requirements arise, the County reserves the right to solicit separate offers as a multiple award.

11. Additional Quantities: For a period not exceeding one hundred eighty (180) days from the date of the offer, the County reserves the right to purchase additional quantities at the prices offered in this solicitation. If additional quantities are not acceptable, the contractor must specify “OFFER

IS FOR SPECIFIED QUANTITY ONLY”.

12. Approved Equivalents: Any manufacturer’s name, trade name, brand name, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The contractor may offer any brand for which it is an authorized representative that meets or exceeds the specifications for any item(s). Customary measurements appearing in these specifications are not intended to preclude offers for commodities with metric measurements. If an offer includes equivalent products, indicate the manufacturer’s name and number. The contractor shall submit with its offer applicable cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous solicitation will not satisfy this provision. Escambia County reserves the right to determine acceptance of item(s) as an approved equivalent. Offers that do not comply with these requirements are subject to rejection.

13. Nonconformance to Specifications: Items may be tested for compliance with the contract specifications by a testing laboratory acceptable to the County. The County may require the contractor to reimburse all costs incurred by the County in connection with the examination or testing of the commodity, including costs relating to transporting the commodity samples to the testing site, actual test costs, personnel costs and other applicable costs should the items fail testing. The data derived from any tests for compliance with the contract specifications are public records and open to examination in accordance with Chapter 119, Florida Statutes. Items delivered that do not conform to the contract specifications may be rejected and returned at contractor’s expense. These items and items not timely delivered by the delivery date specified in the solicitation and/or purchase order may result in the contractor being found in default, in which event, any and all re-procurement costs may be charged against the defaulting contractor.

Any violation of these stipulations may also result in contractor’s name being removed from the

Office of Purchasing registered vendor list, and the County not doing business with the contractor until such time as the County has been reimbursed for all re-procurement costs.

14. Service and Warranty: Unless otherwise specified, the offeror shall define any warranty service and replacements that will be provided at no cost to the County during and subsequent to the contract term.

15. Condition and Packaging: All items shall be a new, current standard production model available at the time of the solicitation. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

16. Safety Standards: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements, standards, and regulations of the Occupational Safety and Health Act (OSHA).

17. Delivery: Delivery shall be Monday through Friday during regular business hours, excluding

County designated holidays, unless otherwise specified. Unless a date is specified, contractor must provide the number of days required to make delivery after receipt of purchase order. The

County may utilize delivery time as a factor for recommending the award.

18. Inspection, Acceptance and Title: Inspection and acceptance will be at “the place of destination” unless otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County, unless loss or damage results from negligence by the County. The contractor shall be responsible for filing, processing, and collecting all damage claims.

19. Samples: Samples of items shall be furnished at no expense to the County. If not destroyed and upon written request, samples will be returned at the contractor’s expense. Each sample shall be labeled with the contractor’s name, manufacturer’s brand name, and serial number (as appropriate), solicitation number, and item reference. Requests to return samples must be received within 10 days after the solicitation opening date and must be accompanied by instructions with the applicable shipping authorization number and name of carrier. If instructions are not received, sample items become the sole property of the County and may be disposed of at the County’s discretion.

20. Protests: Any actual bidder/proposer who is aggrieved in connection with a pending award may submit a protest in writing to the Purchasing Director within two business days after the posting of the award recommendation as provided in Sec. 46-100, Escambia County Code of Ordinances.

21. Solicitation Expenses: The County accepts no responsibility for any expenses incurred by the offeror in the solicitation preparation and submittal as well as any other requirements as may be specified in the solicitation. All such expenses are borne solely by the offeror.

22. Taxes: Escambia County does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does not apply to the purchases of tangible personal property by contractors who use the tangible personal property in the performance of contracts for the improvement of County owned real property.

23. Invoicing and Payment: Payments shall be made in accordance with the Local Government

Prompt Payment Act, §§218.70, et seq., Florida Statutes, as amended.

24. Improper Invoice; Resolution of Disputes: Improper invoices for construction services and non-construction services will be processed in accordance with Sections 218.735(2)-(5) and

218.736(1), Florida Statutes, respectively. In the event a dispute occurs between a contractor and the County concerning payment of an original invoice, such dispute shall be finally determined by the County pursuant to the County’s Dispute Resolution Procedure established in accordance with

Section 218.76(2), Florida Statutes.

25. Conflict of Interest: The offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The offeror further represents that no person having any such interest shall be employed by it during the agreement term and any extensions. The offeror shall promptly notify the Purchasing Director, in writing, of any potential conflict of interest which may influence or appear to influence the contractor’s judgment or quality of services.

26. Contingent Fees: The offeror warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the offeror to solicit and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the offeror any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of an agreement. For the breach or violation of this provision, the County shall have the right to terminate any resulting contract without liability and at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

27. Code of Ethics; Gifts: The award hereunder is subject to the provisions of Chapter 112, Part III, Florida Statutes, regarding the Code of Ethics for Public Officers and Employees, and the Escambia

County Code of Ethics Policy. Contractors are required to promptly disclose to the Purchasing

Director any gifts or gratuities offered to or solicited by any County employee or public officer.

The right of the contractor to proceed may be terminated by the County if, after notice and hearing, the Purchasing Director determines that the contractor, its agent, or another representative offered or gave a gratuity, including, but not limited to, money, services, travel, entertainment, or gifts to an officer, official, or employee of the County under circumstances where it may be reasonably inferred that the action of the contractor was intended to obtain a contract or favorable treatment under a contract. If the resulting contract is terminated under this clause, the County will be entitled to pursue all available legal remedies, including an action for breach of contract. The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

28. Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items prior to delivery, it shall be the responsibility of the contractor to provide written notice to the

Office of Purchasing identifying the applicable restrictions or regulation(s) that necessitate the alteration. The County reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County.

29. Legal Requirements: This solicitation shall be conducted in accordance with the provisions of the

Escambia County Purchasing Ordinance, and all applicable laws and regulations of the State of

Florida and the Escambia County Code of Ordinances shall apply to any resulting contract.

Applicable provisions of all federal, state, and local laws, ordinances, rules, and regulations shall govern development, submittal, and evaluation of all offers received in response hereto and shall govern any and all claims and disputes which may arise regarding this solicitation or any resulting contract; and lack of knowledge by any offeror shall not constitute a cognizable defense against the legal effect thereof.

30. Compliance with Laws: The contractor agrees to comply with all applicable federal, state and local laws, rules, policies, or guidelines related to this offer and the performance of any resulting contract, including, but not limited to, the requirements of the Americans with Disabilities Act

(ADA), the Occupational Safety and Health Act (OSHA), the Equal Employment Opportunity (EEO)

Act, and the Illegal Immigration Reform and Immigrant Responsibility Act, as amended, (8 U.S.C.A.

§1324a).

31. Patents and Royalties: In addition to any other indemnification obligation, the contractor shall hold harmless, indemnify and defend the County and its officers, agents, and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the offeror.

The contractor has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the County’s alteration of the article. The

County will provide prompt written notification of a claim of copyright or patent infringement and will afford the contractor full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the contractor may, at its option and expense, procure the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood that the offered prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

32. Public Records: Any documents submitted in response to this solicitation may be subject to disclosure pursuant to the provisions of Florida’s Public Records Act, Chapter 119, Florida

Statutes. contractor waives any claim of confidentiality upon submission of its offer. Records that are exempt or exempt and confidential will not be disclosed to any third-party except as authorized by law. Pursuant to Section 119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

33. Equal Employment Opportunity: In the performance of the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical handicap.

34. Contractor Personnel: The County shall, throughout the term of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the contractor. If the County reasonably rejects staff or subcontractors, the contractor shall provide replacement staff or subcontractors satisfactory to the County in a timely manner and at no additional cost to the County. The day- to-day supervision and control of the contractor’s employees and subcontractors is the sole responsibility of the contractor. Contractors who are suspended or debarred are prohibited from subcontracting.

35. Public Entity Crimes: Pursuant to Section 287.133(2), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer on a contract to provide any goods or services to a public entity, may not submit an offer on a contract with a public entity for the construction or repair of a public building or public work, may not submit offers on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. The Sworn Statement on Public Entity

Crimes must be completed and submitted with the offer. Information as provided may be verified through the State of Florida.

36. Scrutinized Companies: Pursuant to Section 287.135, Florida Statutes, a company is ineligible to bid or submit a proposal for, or enter into or renew a contract for goods or services of any amount if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to

Section 215.4725, or is engage in a boycott of Israel or bid on submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more if on the Scrutinized

Companies with activities in Sudan List or the Scrutinized Companies with activities in the Iran

Petroleum Energy Sector List, created pursuant to Section 215.473 or is engaged in business operations in Cuba or Syria. The Scrutinized Companies Certification must be completed and submitted with the offer. If contractor is found to have submitted a false certification or subsequently fails to maintain compliance, the contract may be terminated for cause.

37. Prohibition Against Considering Social, Political, Ideological Interests: Pursuant to Section

287.05701, Florida Statutes, the County will not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

In addition, the County may not give preference to any vendor based on the social, political, or ideological interests of the vendor.

38. Prohibition Against Use of Coercion for Labor and Services: In accordance with §787.06(13), Florida Statutes, Contractor shall sign and submit with its offer a Certification Regarding the Use of Coercion for Labor and Services attesting that Contractor does not use coercion for labor or services as the term is defined in §787.06(2), Florida Statutes.

39. Suspended and Debarred Vendors: Offers shall be received from only those contractors who are presently in good standing on the County’s vendor list. By submitting an offer, the contractor certifies that it is not currently suspended or debarred from submitting offers for contracts issued by any political subdivision or agency of the State of Florida or the federal government; and that it is not an agent of a person or entity that is currently suspended or debarred from submitting offers for contracts issued by any political subdivision or agency of the State of Florida or the federal government.

40. Drug-Free Workplace: Pursuant to Section 287.087, Florida Statutes, whenever two or more offers that are equal with respect to price, quality, and service are received by the County for the purchase of commodities or contractual services, an offer received from a business that certifies it has implemented a Drug-Free Workplace Program shall be given preference in the award process.

41. License and Certifications: Before submitting an offer, the offeror shall have met the applicable licensing, certification, and any other requirements of the state, county, city and/or other agency of authority with jurisdiction in such matters and must provide copies of documentation which evidence such qualifications with the response to this solicitation, and the offeror shall maintain such credentials throughout the term of the contract. Offeror will provide a copy of a current certificate of authority from the Secretary of State authorizing the company to do business in the State of Florida or other evidence of legal authority to do business in the state, county, city and/or any other agency of authority with the response to this solicitation. The County may allow this responsiveness issue to be cured after submission of the offer within a reasonable period of time and prior to any recommendation for award.

Offeror will also provide a copy of the current business tax receipt in accordance with the requirements of Chapter 205, Florida Statutes, and Chapter 90, Article III, Sec. 90-91 through

90-95 relating to Local Business Taxes. Failure to provide such evidence may render the offer non-responsive.

42. E-Verify: In accordance with Section 448.095, Florida Statutes, contractor shall register…