Construction_Engineering,_&_Inspection_(CE&I)_Services_for_the_Alger_Rd._Bridge_Replacement_and_Jefferson_Ave_Pipe_Culvert_Rehabilitation_Projects_CDBG-DR_HS019_(Addendum_#2_Revision).pdf

RFQ

PD 25-26.054

CONSTRUCTION ENGINEERING, & INSPECTION (CE&I) SERVICES

FOR THE ALGER RD. BRIDGE REPLACEMENT AND JEFFERSON AVE

PIPE CULVERT REHABILITATION PROJECTS CDBG-DR HS019

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: February 27, 2026

DEADLINE FOR QUESTIONS: March 18, 2026

RESPONSE DEADLINE: March 30, 2026, 12:30 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

Construction Engineering, & Inspection (CE&I) Services for the Alger Rd.

Bridge Replacement and Jefferson Ave Pipe Culvert Rehabilitation

Projects CDBG-DR HS019

1. Introduction

2. Scope of Work

3. Solicitation Terms & Conditions - No Terms

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 - Jefferson Ave 60% Structure Plans

B - Alger Rd 60% Structure Plans

C - Section_3_Federal_Contract_Provisions_(CDBG-

DR)_Escambia_County_Contract_Clause

D - Alger Road 60% Plans 02-06-2026

RFQ #PD 25-26.054

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave Pipe Culvert Rehabilitation Projects CDBG-DR HS019

1. Introduction

1.1. Summary

Escambia County is soliciting qualified and experienced firms for CE&I Services in relation to the replacement of a bridge on Alger Rd in the town of Century and the rehabilitation of a pipe culvert on

Jefferson Ave in the town of Century. Alger Rd will consist of the replacement of the existing structure with a new 31'(approx.) structure. Jefferson Ave will consist of the rehabilitation of a dual 96" (approx.)

CMP pipe culvert.

1.2. Background

The Scope of Work for these projects is to provide construction engineering, inspection, and project management services on the Alger Rd bridge replacement and the Jefferson Ave Culvert Rehabilitation projects. This document gives the Consultant the same responsibility and authority as Escambia County when administering these County construction project contracts.

The administration of the Alger Rd bridge replacement and the Jefferson Ave Culvert Rehabilitation projects 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's authority by the contractor or decisions made by the Consultant regarding the work. The ultimate goal of Escambia County and the

Consultant should be to administer each 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.

1.3. Contact Information

Angela Jones

Senior Purchasing Coordinator

213 Palafox

2nd Floor

Pensacola, FL 32502

Email: ajjones@myescambia.com

Phone: (850) 595-4953

Department:

Engineering

1.4. Timeline

Release Project Date February 27, 2026 mailto:ajjones@myescambia.com tel:(850)595-4953

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

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

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/262199879163

3?p=EftjXgl8MyY471Ii2V

Meeting ID: 262 199 879 163 3

Passcode: Yz7nD3F7

Need help? | System reference

Dial in by phone

+1 863-333-5817,,794676815# United States, Lakeland

Find a local number

Phone conference ID: 794 676 815#

For organizers: Meeting options | Reset dial-in PIN

Question Submission Deadline March 18, 2026, 12:00pm

Submission Deadline March 30, 2026, 12:30pm

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/265156666587

18?p=QZvZlqbmLaVKiK18bJ

Meeting ID: 265 156 666 587 18

Passcode: 3yU97QP7

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+1 863-333-5817,,787054303# United States, Lakeland

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Phone conference ID: 787 054 303#

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2. Scope of Work

2.1. Scope of Work

Erosion Control and Preconstruction Conferences

Prepare for and conduct the Erosion Control and Preconstruction Conferences on each project. Address and resolve all issues that arise at the meetings with appropriate offices, agencies, and https://teams.microsoft.com/meet/2621998791633?p=EftjXgl8MyY471Ii2V https://teams.microsoft.com/meet/2621998791633?p=EftjXgl8MyY471Ii2V https://teams.microsoft.com/meet/26515666658718?p=QZvZlqbmLaVKiK18bJ https://teams.microsoft.com/meet/26515666658718?p=QZvZlqbmLaVKiK18bJ

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave divisions. Prepare and distribute detailed minutes of the meeting. Video and photograph the pre-construction conditions throughout each project limits, with a heavy emphasis on potential claim items/issues and on areas of real /potential public controversy.

Attend Bi-Weekly and Monthly Meetings

Prepare the agenda, attend, and conduct a meeting biweekly with Escambia County personnel, Contractor, Sub-Contractors, Utility personnel and other agencies affected by each project. Be prepared to discuss recent progress, upcoming events, the schedule, and problems associated with each project. Obtain material tickets from the contactor 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 each contract.

Project Administration

Provide project administration and coordinate with the assigned Project Manager. 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 each contract. Monitor contractor’s hours worked and materials on each project and verify all pay requests for accuracy. Prior to starting work, submit to Project Manager a listing of personnel assigned to each project for review and approval. In addition, a list of persons with emergency phone numbers should always be supplied to the Project Manager and be available at any time in case of an emergency on each project. The Consultant should also obtain from the Contractor a list of personnel that will be responsible for any occurrence that may arise on each project, for the life of each project.

Provide Construction Inspection

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

Contractor and Sub-Contractors. When menial tasks are being performed and the assigned inspector is not required to be ever present onsite; the Consultant shall use good judgment and shall correspond and notify the Project Manager that full-time professional inspection services are not necessary at that time. All field technicians must be certified in the applicable FDOT or IMSA certification workshops or have applicable training certifications/records listed below. Certification from another State Highway

Department, nationally recognized institution, or other approved agency may be acceptable in lieu of the FDOT certification.

A. Asphalt Inspection

B. Concrete Inspection

C. Aggregate Inspection

D. Geotechnical Inspection

E. Earthwork Inspection

F. Quality Management

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

G. Maintenance of Traffic

H. Construction Safety Awareness

I. Stormwater, Erosion, and Sediment Control

J. ADA and PROWAG

Conduct Field Surveys

Verify surveying services to obtain original, final, as well as progress estimated quantities for payment of all pay items to the Contractor. Be prepared to justify quantities in case of discrepancies between the

Contractor and Project Manager. Upon request, check construction layout when deemed necessary by the Project Manager.

Supplemental Agreements/Construction Changes

Notify the Project Manager immediately of the necessity of any Supplemental Agreements/Construction

Changes. The Project Manager shall be aware before any discussions occur between the Consultant and the Contractor to Negotiate prices for additional pay items with the Contractor that would or would not adhere to the “Average Unit Price” listing. Coordinate acceptance of prices with the Project Manager.

Shop Drawings

Preview and approve all shop drawings prior to the Contractor submitting them to the appropriate

Vendor.

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 backfill and pipe backfill as defined in the Standard

Specifications and Escambia County’s sampling and testing schedule.

The Consultant will also verify aggregate analysis and moisture testing for roadway embankment and base stone materials as defined in the Standard Specifications and Escambia County’s sampling and testing schedule. (Note: All tests normally performed by Escambia County personnel will be performed by the Consultant.) Also, the 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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave 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 Escambia County’s standard form of submission. A Final Materials and Tests Certification will be submitted to the Project

Manager with the Final Records.

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

Manager must approve any waiver of testing documents prior to payment. Pay quantities will be submitted to the Project Manager for review and payment. Payments for stockpiled material may be made as defined in the Standard Specifications and approved by the Project Manager. Copies of approved Sub Contractors should be on file prior to the first Progress Payment

Revisions to the Contract Plans

Any revisions to the contract plans or cross sections will be submitted to the Project Manager for review and processing by the contractor.

Distribution of Correspondence

Submit to the Project Manager a copy of all correspondence between the Consultant, Contractor, Subcontractors, or others concerning matters related to the project. Maintain an electronic file of all correspondence for submission with the project Final Records.

Inspection of Work

Provide inspection services for conformance to Plans and Specifications for all roadway, structures, and specialty items that are being incorporated into the project. Observe, measure, and record all quantities for payment. Provide visual documentation of construction through the project. 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 field inspection forms to be submitted to Escambia County. 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:

A. A record of the contractors on the project

B. Their personnel (number and classification)

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

C. Equipment (number and type or size)

D. Location and work performed by each Contractor or Subcontractor

E. Orders given to the Contractor

F. Events of note on the project

G. 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.

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

I. NPDES reporting when applicable

J. Days charged, with explanation if not charged

K. Equipment arriving or leaving the project, idle equipment

L. Photos and/or video documentation

M. Any other details that may be important later in the project life

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

Final Records

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

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.

Utility Relocations

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

Plan Review

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

Citizen Interface

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

Consultant will act as primary point of contact for citizen comments, inquiries, and complaints for these construction projects. Consultant will provide timely, professional responses to project inquires including emails, telephone calls, etc. When required, coordinate public information meetings, open houses, and community meetings as direct by the County’s representative. Consultant will monitor the contractors Maintenance of Traffic (MOT) for each project from start of construction through completion of punch list to ensure they are in compliance with the approved Maintenance of Traffic

(MOT) plans. Consultant will also maintain (1) static message boards per project site, as provided by the contractors. One shall be for standard project documentation, permits, etc. Location shall be within the project location.

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 directions 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.

Submission Guidelines

Tab 1. Introduction and Project Understanding

1. Letter of Transmittal

2. 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. Experience in Other Projects of Similar Scope of Work and Complexity (a minimum of 3 Construction Engineering & Inspection (CEI) projects should be shown).

1. Identification of Client for which the project was completed

2. Summary of Scope of Work Completed

3. Completion dates for major project milestones

4. Client Reference

5. Any Additional Information that may be pertinent

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

Please submit these projects in order with the newest first.

Tab 3. Qualifications of Personnel

1. Introduction to key personnel to be assigned to this project

2. Local project team organization chart

3. Resumes for key personnel

Please reference Tab 2 projects in this section as appropriate.

Tab 4. 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.

Tab 5. Ability to Meet Project Specific Schedule and be Readily Available

Summarize your Firm’s ability to meet the project specific schedule and to be readily accessible to respond as necessary to avoid unnecessary delays.

Tab 6. Purchasing Required Documents

Please include all required documents from Vendor Submissions.

3. Solicitation Terms & Conditions - No Terms

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.

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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

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.

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.

https://procurement.opengov.com/portal/escambiacountyfl/projects/240954?section=undefined

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

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.

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.

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

• 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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave 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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave 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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave 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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave 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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave 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

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave 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).

Title: Construction Engineering, & Inspection (CE&I) Services for the Alger Rd. Bridge Replacement and Jefferson Ave

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…