CEI_-_Bob_Sikes_Fishing_Pier_South_-_Restore.pdf

RFQ

PD 25-26.064

CEI - BOB SIKES FISHING PIER SOUTH - RESTORE

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: April 17, 2026

DEADLINE FOR QUESTIONS: May 12, 2026

RESPONSE DEADLINE: May 19, 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

RFQ

CEI - Bob Sikes Fishing Pier South - Restore

1. Introduction

2. Scope of Work

3. Solicitation Terms & Conditions

4. General Terms and Conditions

5. Standard Insurance Requirements and Certificates

6. Professional Errors and Omissions

7. Evidence/Certificates of Insurance

8. Vendor Submissions

9. Evaluation Process

10. Evaluation Criteria

Attachments:

A - NOA-0688 - noa_post_acceptance_ADA

B - 20260409 NWP_Reverification_BobSikesFishingBridge_2025-00570

C - DH017 Bob Sikes Fishing Pier Agreement Execution

D -

Bob_Sikes_Fishing_Pier_South_Rehab_ADA_Ugrades_Specifications_and_Permits

E - Bob Sikes Fishing Bridge Final Exemption

F - Bob_Sikes_Fishing_Pier_South_Rehab_and_ADA_Upgrades_Plans_Bid

RFQ #PD 25-26.064

Title: CEI - Bob Sikes Fishing Pier South - Restore

1. Introduction

1.1. Summary

The Bob Sikes Fishing Pier is a key public access facility and community landmark on the Santa Rosa

Sound side of Pensacola Beach, serving residents and visitors as a popular destination for fishing and recreation. Due to age, marine exposure, and structural wear, the pier requires targeted rehabilitation to ensure continued safety and functionality.

This project will restore and enhance the pier through comprehensive substructure repairs, including implementation of cathodic protection systems to mitigate corrosion and extend the structure’s service life. Repairs will address deterioration of piles, caps, and framing elements to maintain structural integrity and public safety. The project also includes ADA upgrades, lighting improvements, and handrail enhancements to improve accessibility, visibility, and overall user safety.

The scope may include demolition of the final spans of the pier, depending on contractor bid pricing, where repair is not practical or cost-effective. Overall, the project is intended to preserve the pier as a safe, accessible, and sustainable public asset for long-term community use.

1.2. Contact Information

Travis Simmons

Purchasing Grant Coordinator

213 Palafox Place

Pensacola, FL 32502-5822

Email: rtsimmons@myescambia.com

Phone: (850) 595-4918

Department:

Purchasing

1.3. Timeline

Release Project Date April 17, 2026 mailto:rtsimmons@myescambia.com tel:(850)595-4918

Pre-Solicitation Meeting (Non-Mandatory) April 24, 2026, 10:00am

Office of Purchasing

213 Palafox Place, 2nd Floor

Pensacola, FL 32502

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/210107138513

462?p=ijP01qHDrOIlB6dDSa

Meeting ID: 210 107 138 513 462

Passcode: Eq6Dn6Kz

Need help? | System reference

Dial in by phone

+1 863-333-5817,,370173218# United States, Lakeland

Find a local number

Question Submission Deadline May 12, 2026, 12:00pm

Submission Deadline May 19, 2026, 1:00pm

Office of Purchasing

213 Palafox Place, 2nd Floor

Pensacola, FL 32502

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/292686585101

124?p=KA0NFAvoeRSdX0rpxQ

Meeting ID: 292 686 585 101 124

Passcode: Mx39LR62

Need help? | System reference

Dial in by phone

+1 863-333-5817,,284383223# United States, Lakeland

Find a local number

Phone conference ID: 284 383 223#

2. Scope of Work https://teams.microsoft.com/meet/210107138513462?p=ijP01qHDrOIlB6dDSa https://teams.microsoft.com/meet/210107138513462?p=ijP01qHDrOIlB6dDSa https://teams.microsoft.com/meet/292686585101124?p=KA0NFAvoeRSdX0rpxQ https://teams.microsoft.com/meet/292686585101124?p=KA0NFAvoeRSdX0rpxQ

2.1. Scope of Work

The Scope of Work for this project is to provide construction, engineering, inspection and project administrative services for the following project: Bob Sikes Fishing Pier South. This document gives the

Consultant the same responsibility as Escambia County when administering this County construction project contract. The administration of the pier repairs on the Bob Sikes Fishing Pier South will be conducted by the Consultant in full cooperation with Escambia County. Escambia County will have the final word in regard to challenges of Consultant authority by the contractor or decisions made by the

Consultant regarding the work. The goal of Escambia County and the Consultant should be to administer the contract in a highly professional manner, conducive to a cooperative relationship between the

Consultant, Contractors, and Escambia County, and to complete the work on budget and on time with minimum inconvenience and maximum safety for the public.

2.2. Erosion Control and Preconstruction Conferences

Prepare for and conduct the Erosion Control and Preconstruction Conferences. Address and resolve all issues that arise at the meetings with appropriate offices, agencies, and divisions. Prepare and distribute detailed minutes of the meeting. Video and photograph the pre-construction conditions throughout the project limits, with a heavy emphasis on potential claim items/issues and on areas of real/potential public controversy.

2.3. Bi-Weekly Meetings

Prepare the agenda, attend, and conduct a meeting every other week with Escambia County personnel, Contractors, Sub-Contractors, Utility personnel, and other agencies affected by the project. Be prepared to discuss recent progress, upcoming events, the schedule, and problems associated with the project. Obtain material tickets from the contractor associated with construction for the week. Record significant information revealed and discussed at the meeting. Distribute written minutes to the appropriate agencies and parties. Participate in monthly meetings and be prepared to discuss quantities used during construction, provide measurements, truck tickets, etc. associated with the contract.

2.4. Project Administration

Provide project administration and coordinate with the assigned Project Coordinator. Prepare for, cooperate with, and assist auditors who may be assigned to review project records, payments, reports, etc. Provide ample inspectors and assistance to adequately oversee all work being done on the contract.

Monitor contractor’s hours worked and materials on the project and verify all pay requests for accuracy.

Prior to starting work, submit to Project Coordinator a listing of personnel assigned to the project for review and approval. In addition, a list of persons with emergency phone numbers should always be supplied to the Project Coordinator and be available at any time in the case of an emergency on the project. The Consultant should also obtain from the Contractor a list of personnel that will be responsible for any occurrence that may arise on the project, for the life of the project.

Build America Buy America Act (BABAA) will apply to this project.

2.5. Provide Construction Inspection

Provide effective and qualified supervision of all inspection services being conducted by Prime

Contractor and Sub-Contractors. All field technicians must be certified as required by the Escambia

County Technical Specifications for the types of work to be performed including training certifications/records as applicable. In accordance with the construction plans of the bridge portion of the project, the PDA, pile capacities, pile driving criteria, foundation design, and vibration monitoring requirements are established by the County Consultant’s Engineer of Record (EOR) Geotechnical

Engineer or the bridge manufacturer’s Geotechnical Engineer.

o Review Contractor’s Pile Installation Plan and provide comments to the Project Engineer and to the PM within five (5) working days of the Contractor’s submittal.

o Perform Wave Equation Analysis for Piles (WEAP) to determine suitability of hammer driving system for the project. Provide results (check stresses, design capacity, and ultimate capacity) to the PM within five (5) working days of the Contractor’s submittal.

o Ensure dynamic testing performed (per the contract documents and when deemed necessary by the PM) during initial driving and re-drives.

o Furnish final written letters, signed and sealed, in the agreed format for production pile lengths and the driving criteria. The driving criteria letter must include blow count criteria, special requirements and limitations on settings (strokes/energy) to limit the stresses per the Specifications. Include recommendations as to what to consider firm driving when applicable, to obtain the required minimum penetration.

o Provide recommendations for additional or intermediate piles when production piles fail to meet load criteria when driven to maximum production depth, as needed to achieve the

EOR or Bridge Manufacturers minimum footer load requirements.

2.6. Conduct Field Surveys (if needed)

Verify surveying services to obtain original, final, as well as progress estimate quantities for payment of all critical pay items to the Contractor for the bridge repairs. Be prepared to justify quantities in case of discrepancies between the Contractors and Project Coordinator. Upon request, check construction layout when deemed necessary by the Project Coordinator.

2.7. Supplemental Agreements/Construction Changes

Notify the Project Coordinator of the necessity of any Supplemental Agreements/Construction Changes.

Negotiate prices for additional pay items with the Contractor while adhering to the “Average Unit Price” listing when possible. Coordinate acceptance of prices with the Project Coordinator.

2.8. Quality Assurance, Testing for Acceptance, and Training

Copies of all certifications should be filed in the project records for review by Escambia County at any time. Any temporary waivers of certification or licensing will be reviewed by Escambia County for the final decision. Provide certification training to consultant personnel for all necessary field-testing and inspection. Monitor the testing provided by the Contractor in the field as defined in the Contract, Plans or Specifications. Document Consultant testing on standard forms provided by Escambia County and distribute as required. Monitor documentation of testing by the Contractor. Field test verification by the

Consultant includes, but is not limited to, all asphalt related testing to include asphalt plant inspection and all concrete related testing for acceptance by Escambia County, nuclear density testing of earthwork, base stone, asphalt, structural (critical) backfill and pipe backfill as defined in the Escambia

County Technical Specifications and Escambia County’s sampling and testing schedule or as otherwise provided in the plans. (Note: All tests normally performed by Escambia County personnel will be performed by the Consultant.) Also, Consultant’s responsibilities include the random checking of application rates, dimensions and bearings to assure conformance to the Plans and Specifications. In case of notification of defective concrete as defined in the Specifications, the Consultant will submit the initial information on forms supplied by Escambia County and will receive the final disposition of the material after review. Certifications of material submitted by the Contractor will be reviewed by the

Consultant for conformity to the Project Specifications. The certification documents submitted to

Escambia County will also be reviewed for completeness and conformance to the Escambia County’s standard form of submission. A Final Materials and Tests Certification will be submitted to Project

Coordinator with the Final Records.

2.9. Progress Payments

The Consultant will document and assemble accurate quantities for Monthly Progress Payments to the

Prime Contractor from actual project field records, as directed by Special Provisions in the contract, from Supplemental Agreements/Construction Changes. The quantities for payment will be referenced to field records prior to submission for payment. Test reports will be on file prior to payment. The Project

Coordinator must approve any waiver of testing documents prior to payment. Pay quantities will be submitted to the Project Coordinator for review and payment. Payments for stockpiled material may be made as defined in the Escambia County Technical Specifications and approved by the Project

Coordinator. Copies of approved Sub Contractors should be on file prior to the first Progress Payment.

2.10. Revisions to the Contract Plans

Any revisions to the contract plans or cross sections will be submitted to the EOR and/or Project

Coordinator for review and processing.

2.11. Distribution of Correspondence

Submit to the Project Coordinator a copy of all correspondence between the Consultant, Contractor, Sub Contractors, EOR or others concerning matters related to the project. All the correspondence (e-mails, RFI's, Submittals, Schedule, Daily log, Inspections, Photos, Drawings, Specs, etc.) should be completed and stored in Procore.

2.12. Inspection of Work

Provide inspection services for conformance to Plans and Specifications for the project and associated items (including utilities over or attached to the bridge) that are being incorporated into the project.

Observe, measure and record all quantities required for payment. Record field measurements in project records for review by Escambia County or auditors. The records will be recorded on a standard form

(field book) supplied or defined by Escambia County and/or on Daily Log and Inspection tools in Procore.

Check traffic control daily, and additionally as required or requested. Notify the contractor of deficiencies or problems immediately. Document weekly (or as often as required) project traffic control on forms supplied by Escambia County and distribute as required. Inspect daily erosion control items for conformance to the plans as well as effectiveness in the field. Notify the contractor of deficiencies.

Prepare to justify any and all pay quantities in the case of questions from the contractor or Escambia

County. Prepare an accurate daily diary, signed by the inspector, consisting of, but not limited to:

o A record of the contractors on the project o Their personnel (number and classification) o Equipment (number and type or size) arriving to or leaving the project, idle equipment o Location and work performed by each Contractor or Subcontractor as well as the stationing of where the work was performed o Orders given to the Contractor o Events of note on the project o Accidents on the project and any details surrounding the accident such as police report number, fatalities, causes, time, etc. Obtain a copy of the police report for the project records whenever possible.

o Weather, amount of precipitation, temperature at morning, noon, and evening, cloudy, clear, etc.

o Days charged, with explanation if not charged o Any other details that may be important later in the project life to verify the work performed:

▪ Detailed notes of work locations and days onsite.

▪ A digital video of the site/areas where work is to be performed prior to construction.

▪ Photo documentation of work areas before, during, and after construction.

▪ Backup for material hauled away from the site, including type of materials, size of the load, and final disposal site location.

▪ Documentation of load tickets and material purchase.

▪ Field Measurements to verify quantities of work both before and after work is performed. Major discrepancies should be coordinated with the County/Engineer prior to work being performed.

▪ Any other documentation which provides a way for the CEI to verify the quantities of work performed.

2.13. Reports

There are numerous reports, documents, etc., that shall be generated in the process of Contract

Administration. Submit a formatted (Escambia County standard format) of selected project records to

Project Coordinator after project completion. Any questions regarding the requirements shall be forwarded to the Project Coordinator for clarification.

2.14. Final Records

Submit a final estimate (electronic format) for the project at this time. Coordinate Consultant hours after project completion with the Project Coordinator for approval.

2.15. Project Claims

Prepare documentation and assist in the defense of Escambia County, when requested, in preparation for Claims or possible Claims resulting in the execution of the contract.

2.16. Utilities

Consultant is to ensure the contractor coordinates all required utility relocates or conflicts with the appropriate utility service provider.

2.17. Plan Review

Review construction plans and submitted shop drawings from the design engineers prior to construction for completion, comments, concerns and observations.

2.18. Citizen Interface

Consultant will act as primary point of contact for citizen comments, inquiries and complaints for the bridge portion of this construction project.

2.19. OTHER SERVICES

Upon written request, the Consultant will perform additional services for the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement but may be required by the County to supplement the Consultant services under this Agreement.

o Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement.

o Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement.

o Provide bridge inspection services in addition to those provided for in this Agreement including vibration monitoring supervision o Provide services determined necessary for the successful completion and closure of the

Bridge Construction portion of the contract.

2.20. Contract Time

The Contractor’s work shall be substantially completed within two hundred and seventy days (270) calendar days from the Commencement date and fully complete within thirty (30) consecutive calendar days from the date of Substantial Completion for a total project duration of three hundred (300) calendar days. The CEI Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to the issuance of the Contractor’s notice to proceed on the project and thirty (30) calendar days to demobilize after final acceptance of the construction contract. The CEI consultant will be allowed an additional sixty (60) days for constructability review.

Therefore, the CEI services contract shall be for a total of four hundred and twenty days (420) calendar days.

2.21. Owner's Project Management Software

The Consultant shall provide sufficient personnel and equipment to perform the necessary tasks required in Procore, the County's project management software. The County's project manager will be able to provide direction on accessing Procore, but it will be the consultant's responsibility to utilize the program. Tasks may include, but are not limited to:

a. Review and approval of shop drawings, invoices, RFls, and other pertinent project documents.

b. Submission of progress reports, invoices for payment, etc.

c. Submission of plans, technical reports, contract documents, etc.

• Drawing format to meet requirements found here: https://support.procore.com/faq/how-can-i-improve-the-accuracy-of-ocr-on-my-drawings#Drawing_Format

2.22. Submission Guidelines- limit of 50 pages with Tab 7 Purchasing Required Documents not counting towards limit

Tab 1. Introduction and Project Understanding

a. Letter of Transmittal

b. Summarize in a concise manner the Firm’s understanding of the scope of work and make a positive commitment to perform the work in a professional and timely manner.

Tab 2. Qualifications of Firm

Submit the following for each successfully completed, in progress, or failed project with a similar scope of work within the past 7 years. Please submit a minimum of 3 past CEI projects.

a. Identification of Client for which the project was completed https://support.procore.com/faq/how-can-i-improve-the-accuracy-of-ocr-on-my-drawings#Drawing_Format https://support.procore.com/faq/how-can-i-improve-the-accuracy-of-ocr-on-my-drawings#Drawing_Format

b. Summary of Scope of Work Completed

c. Completion dates for major project milestones

d. Client Reference

e. Project experience with RESTORE, NRDA, or other Federally and FDOT funded project CEI services and familiar with reporting criteria with experience related to verifying grant requirements are being met.

f. Example(s) when firm’s CEI services were instrumental in preventing a significant change order for the project.

Please submit these projects in order with the newest first.

Tab 3. Qualifications of Personnel

a. Introduction to key personnel, identifying roles and responsibilities, to be assigned to this project

b. Local project team organization chart

c. Resumes for key personnel

Please reference Tab 2 projects in this section as appropriate.

Tab 4. Experience in Other Bridge Projects of Similar Scope and Complexity

• Demonstrate experience in other projects of similar scope of work and complexity. (Minimum of three)

• Project experience with RESTORE, NRDA, or other Federally and FDOT funded project CEI services and familiar with reporting criteria.

• Refence list for each project including the name of the client contact information familiar with the project. Brief description of the project.

Tab 5. Recent and Current Workload

Summarize your Firm’s Recent and Current Workload. Recent and active County projects and the value of those County projects will be factors in the evaluation. Additionally, recent and current workload will be evaluated with respect to the size of the firm.

• Show current workload of available personnel and hours projected on this project.

• Ability to respond in a timely and acceptable manner to circumstances that may arise involving the project.

• Manage the project within the specified project timeline and within budget.

Tab 6. Construction and Grant Oversite Experience

• Provide example(s) when firm’s CEI services were instrumental in preventing significant change order for the project.

• Describe experience related to verifying grant requirements are being met.

Tab 7. Purchasing Required Documents

Please include all required documents from Vendor Submissions.

3. Solicitation Terms & Conditions

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

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

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

Pre-Proposal 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.

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 solicitation 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 solicitation closing. Addenda will be provided to each respondent via email and will be 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 respondent. Each respondent is required to submit with the proposal a written acknowledgment to confirm receipt of any and all addenda. No respondent 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 proposal, the Respondents 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. Respondent shall also examine all drawings, specifications, addenda, and 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 Proposal

The Proposal shall be based upon the completion of the Scope of Work according to the drawings and specifications, together with all addenda thereto. The proposal must be executed by an individual 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. The proposal shall include evidence of respondent’s authority and qualification to do business in the State of Florida.

https://procurement.opengov.com/portal/escambiacountyfl

As applicable, a state contractor license # for the State of Florida shall also be included in the proposal, and Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

Recommended Proposal Preparation Guidelines

All respondents shall provide a straightforward and concise description of their ability to meet the proposal requirements. The proposal shall clearly show the technical approach to include work tasks, estimated time phasing and the proposed approach. The County discourages overly lengthy or costly proposals, all proposals shall be submitted in one electronic file.

Integrity of Documents

Respondents shall use the original solicitation documents in the format provided by the Escambia

County Office of Purchasing and enter information only in the spaces where a response is requested.

Submittal of Proposal

A proposal shall be submitted no later than the date and time prescribed in the Request for Proposal and shall be accompanied by all required documents. It is the respondent’s responsibility to ensure that its proposal is delivered at the proper time.

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

Identification of Subconsultants/Changes After the Fact

After submitting a proposal in response to this solicitation, respondents are prohibited from substituting, modifying, or amending the sub-consultants identified in the submittal at any time during the course of the solicitation process up to the final award of contract and including question and answer sessions, presentations or technical clarifications and submittals as may be required by the

Review/Selection Committee. A substitution or addition of sub-consultants or any other material changes to the submittal after the initial response will cause the submittal to be invalid for review and selection purposes.

Withdrawal of Submittals

Any respondent may withdraw its submittal, either personally or by written request, at any time prior to the scheduled time for opening submittals. Requests to alter or withdraw an offer must be submitted in writing to the Purchasing Director. Submittals may not be altered or unilaterally withdrawn by the respondent after the scheduled time for submittal opening. All offers 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.

Proposal to Remain Subject to Acceptance

All proposals will remain subject to acceptance or rejection by Escambia County for ninety (90) calendar days after opening Submittals.

Conditional or Incomplete Proposals

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

https://procurement.opengov.com/portal/escambiacountyfl/projects/256333?section=undefined

Addition/Deletion of Item(s)

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

Changes to Specification

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 Respondent fail to comply with this provision, Respondent will be liable for any costs incurred by the County to comply with the specifications provided in the solicitation.

Disqualification of Respondents

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

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

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

• Uncompleted work which in the judgment of the County might hinder or prevent the 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 solicitation or default under a previous contract.

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

Investigation of Respondent

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

Negotiations

Should negotiations be required, the contents of the proposal of the successful firm shall become a basis for contractual negotiations.

Evaluation of Proposals and Award of Contract

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

Administrator, and the Board of County Commissioners. The County will award the proposal to the most responsive and responsible firm(s). The County reserves the right to award the proposal to the respondent submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of the County, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Escambia County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final.

Escambia County reserves its right to reject any or all Proposals, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Proposals. The County further reserves the right to reject the Proposal of any Respondent whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating Respondents, the County may consider the qualifications of

Respondents 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 as a part of the Proposal.

Escambia County reserves the right to waive any informalities or reject any and all submissions, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this solicitation, and to accept the proposal 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 form shall be provided by the Office of Purchasing. The successful respondent shall, within

5 days after receipt of the Notice of 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 proposal or re-solicit and charge against the respondent 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 respondent shall also deliver the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Escambia

County Risk Manager before the successful respondent 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, judgements, and costs of suit, including attorneys' fees and paralegals' fees, 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 any one 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. General Terms and 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 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…