Design_Criteria_Professional_Services_-_Kingsfield_Road_Fire_Station_(Addendum_#3_Revision).pdf

RFQ

PD 25-26.006

DESIGN CRITERIA PROFESSIONAL SERVICES - KINGSFIELD ROAD

FIRE STATION

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: October 17, 2025

DEADLINE FOR QUESTIONS: October 30, 2025

RESPONSE DEADLINE: November 7, 2025, 10:30 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

RFQ

Design Criteria Professional Services - Kingsfield Road Fire Station

1. Introduction

2. Scope of Work

3. General Terms and Conditions

4. Standard Insurance Requirements and Certificates

5. Insurance for Professional Services

6. Evidence/Certificates of Insurance

7. Evaluation Criteria & Process

8. Vendor Submissions

Attachments:

A - RLI - SITE MAP ATTACHMENT-FINAL

RFQ #PD 25-26.006

Title: Design Criteria Professional Services - Kingsfield Road Fire Station

1. Introduction

1.1. Summary

The Escambia County Board of County Commissioners (County) is Requesting Letters of Interest (RLI) from qualified firms to provide professional services as a Design Criteria Professional (DCP) for the New

Kingsfield Road Fire Station Project.

The selected DCP Consultant will be responsible for preparing the Design Criteria Package for the

Project, which is intended to be delivered under a subsequent Design-Build Contract. In addition, the

DCP Consultant will serve as the County’s representative during the selection of the Design-Builder, including the evaluation of submittals received, review and approval of detailed working drawings for compliance with the Design Criteria Package, and evaluation of the completed Project for conformance with the approved design criteria during construction.

For the purposes of this solicitation, a Design Criteria Professional is defined as a firm qualified under

Chapter 481, Florida Statutes, to practice architecture or landscape architecture, or a firm holding a current certificate of registration under Chapter 471, Florida Statutes, as a registered professional engineer authorized to practice engineering in the State of Florida.

Qualified firms must demonstrate documented experience in the preparation of design criteria packages for public safety or other governmental facilities, and must meet all minimum qualifications established within this RLI.

1.2. Background

During a regularly scheduled Board Meeting in May of 2025, the Escambia County Board of County

Commissioners (ECBCC or “County”) voted to replace two (2) existing fire stations and add three (3) new fire stations to areas that don’t have adequate fire protection coverage. Commissioners identified five

(5) different locations: Pleasant Grove (Replacement), Myrtle Grove (Replacement), Paradise Beach

(New-Bauer Road), Cantonment (New-Kingsfield Road), and Brownsville (New-Location to be

Determined).

The New Kingsfield Road Fire Station will be located on approximately 4.63 acres of County-owned property at 551 W. Kingsfield Road, Cantonment, Florida 32533, approximately one-quarter mile west of

County Road 297A. This facility will be a new, ground-up, one-to-two story, Category 5 hurricane-resistant structure, designed to accommodate the operational needs of a full-time firefighting staff. The program includes a minimum of two (2) apparatus bays, with the potential for future expansion, and associated living, training, and administrative spaces to support three rotating crews of 8–10 firefighters, with one crew on shift at a time.

The selected DCP Consultant will serve as the County’s representative responsible for preparing the

Design Criteria Package, assisting in the selection of the Design-Builder, reviewing and approving the detailed design submittals for compliance with the Design Criteria Package, and evaluating the construction for adherence to the established design intent.

1.3. Contact Information

Tammy Straughn

Purchasing Coordinator

221 Palafox Place 2nd Floor

Pensacola, FL 32505

Email: tmbaker1@myescambia.com

Phone: (850) 595-4985

Department:

Purchasing

1.4. Timeline

Release Project Date October 17, 2025

Pre-Solicitation Meeting (Non-Mandatory) October 24, 2025, 10:30am

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Question Submission Deadline October 30, 2025, 5:00pm mailto:tmbaker1@myescambia.com tel:(850)595-4985 https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODQ5ZTc1NGYtYWFhNi00ZjE1LTliYjctY2YzNWZhYTRiNTdi%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODQ5ZTc1NGYtYWFhNi00ZjE1LTliYjctY2YzNWZhYTRiNTdi%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODQ5ZTc1NGYtYWFhNi00ZjE1LTliYjctY2YzNWZhYTRiNTdi%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODQ5ZTc1NGYtYWFhNi00ZjE1LTliYjctY2YzNWZhYTRiNTdi%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODQ5ZTc1NGYtYWFhNi00ZjE1LTliYjctY2YzNWZhYTRiNTdi%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODQ5ZTc1NGYtYWFhNi00ZjE1LTliYjctY2YzNWZhYTRiNTdi%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODQ5ZTc1NGYtYWFhNi00ZjE1LTliYjctY2YzNWZhYTRiNTdi%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d

Submission Deadline November 7, 2025, 10:30am

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2. Scope of Work

2.1. Scope of Work

The County seeks to engage a qualified professional consulting firm to develop a comprehensive Design

Criteria Package for a unified, adaptable fire station concept. The selected concept shall be versatile enough to accommodate varying site conditions while incorporating expandable apparatus bays, private sleeping quarters, functional and well-appointed living areas, dedicated training and fitness spaces, a decontamination control center, integrated technology and security systems, and provisions for natural lighting, ventilation, and long-term durability with minimal maintenance requirements. The design shall also anticipate future expansion needs.

This project will be awarded as an “all or none” award.

The Design Criteria Package shall, at a minimum, consist of concise, performance-based drawings and specifications that define the scope and parameters of the fire station construction project. The purpose of the Design Criteria Package is to provide sufficient technical and administrative information to enable qualified Design-Builders to prepare comprehensive proposals in response to the County’s solicitation, or to facilitate the County’s negotiation and execution of a design-build contract.

At a minimum, the Design Criteria Package must establish performance-based criteria for the project, including, but not limited to:

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• The legal description of the project site and associated survey data;

• Applicable material and quality standards;

• Schematic layouts and conceptual design criteria;

• Preliminary cost and budget estimates;

• Design and construction schedules;

• Site development requirements; and

• Applicable provisions for utilities, stormwater management, and parking.

In accordance with Florida Statute 287.055(9)(b), the Design Criteria Professional (DCP) selected to prepare the Design Criteria Package shall be ineligible to provide services under any design-build contract executed pursuant to that package.

The DCP Consultant’s basic services shall include, but not be limited to, the preparation of bidding and procurement documents incorporating schematic design, performance specifications, and design criteria for the project. These documents shall expressly require compliance with all established design criteria by the Design-Builder awarded the contract. The DCP Consultant shall further be responsible for monitoring and enforcing compliance with the approved design criteria, and shall provide timely written notification to the County regarding the Design-Builder’s compliance or non-compliance with all specified requirements.

The successful DCP Consultant will be tasked with the following duties and responsibilities:

Schematic

The DCP Consultant shall become fully familiar with the project site and provide the following services as part of the schematic phase:

• Update the existing topographic survey to reflect current field conditions;

• Provide a geotechnical soils report for the project site;

• Prepare preliminary drainage calculations and analysis to support the proposed stormwater management design;

• Review and validate the County’s proposed project schedule and construction phasing plan; and

• Review and analyze the County’s preliminary cost estimate and provide an updated construction cost estimate based on schematic-level information.

Design Criteria Package

The DCP Consultant shall coordinate closely with the County to establish the methodology, procedures, format, and specific requirements to be included within the Design Criteria Package. The DCP Consultant shall be responsible for preparing the Design Criteria Package for solicitation and bidding purposes by incorporating all information required by the County, as well as ensuring full compliance with all applicable federal, state, and local codes, standards, and regulations. Preparation of the Design Criteria

Package and associated bidding documents shall include, but not be limited to, the following:

• Finalize all design criteria to be utilized by Design-Builder in the bidding, design, and construction of the project, including schematic-level infrastructure design analysis and the development of performance-based specifications.

• Prepare, coordinate, and integrate all construction-related and front-end documents necessary to support the bidding and procurement process.

• Ensure consistency, accuracy, and coordination among all bidding documents, contract documents, technical specifications, and associated deliverables.

• Consult and coordinate with County staff throughout the preparation of the Design Criteria

Package, and obtain all required County reviews and approvals prior to the public advertisement of the solicitation.

Bidding and Contract Award

The DCP Consultant shall assist the County throughout the bidding and award process for the design-build contract, ensuring that all submittals, requests for clarification, evaluations, and related procurement activities are conducted in accordance with the approved Design Criteria Package, applicable procurement regulations, and County procedures.

Design-Builder's Design Phase

During the Design-Builder’s design phase, the DCP Consultant shall provide oversight, coordination, and technical review services, including but not limited to the following:

• The DCP Consultant shall direct the Design-Builder’s Engineer of Record to prepare all required drawings using the most current version of AutoCAD software.

• The DCP Consultant shall advise and direct the Design-Builder’s Engineer of Record and associated design team regarding the County’s requirements, including all applicable design phase submittals, review procedures, and approval processes as required or mandated by the

County.

• Oversee and coordinate the Design-Builder’s design phases, and provide formal recommendations to the County regarding approval or disapproval of each phase.

• Respond to all inquiries and evaluate any alternatives proposed by the Design-Builder to determine compliance with the bidding documents, and provide recommendations for County approval as appropriate.

• Review all documentation prepared by the Design-Builder throughout each phase of design, and coordinate the submission, review, and approval process with all applicable County departments having jurisdiction over the Project.

Construction Phase

The DCP Consultant shall ensure that the Design-Builder’s Engineer of Record provides adequate and continuous construction administration services to verify the Work’s compliance with all approved

Contract Documents, applicable codes, standards, and regulatory requirements.

The DCP Consultant shall observe construction activities at such intervals as necessary to determine, in general, that the Work is being performed in substantial accordance with the approved Contract

Documents. The Consultant shall promptly notify the County, in writing, of any observed deviations, deficiencies, delays, or other conditions that may adversely affect the quality, progress, or completion of the Work. The DCP Consultant shall, at all times, act in a manner consistent with the best interests of the

County and shall assist the County in enforcing the requirements of the Contract Documents.

The DCP Consultant shall be afforded full and unrestricted access to the work and the project site at all times, whether during preparatory operations or active construction, for the purpose of performing its duties under this Agreement.

Site observation visits shall be conducted at intervals as determined and authorized in writing by the

County’s Project Manager, based upon the approved construction schedule. Compensation for each authorized site visit shall be negotiated in advance and paid as a lump-sum amount per visit, in accordance with the terms of this Agreement.

The DCP Consultant shall prepare and submit to the County a written Monthly Progress Report, in a format approved by the County, summarizing construction progress, observations, compliance matters, and any issues requiring corrective action or further review.

Design-Builder's Submittal

The DCP Consultant shall review and evaluate all samples, schedules, shop drawings, and other submittals provided by the Design-Builder to determine their conformance with the approved design criteria and the design-build Contract Documents. The DCP Consultant shall prepare, in a timely and professional manner, any proposed change order items, together with all necessary supporting documentation, for the County’s review and approval.

Quality Control

The DCP Consultant shall review and evaluate all materials and workmanship for compliance with the requirements of the design-build Contract Documents. The DCP Consultant shall assess all quality control testing reports, promptly notify the Design-Builder and the County of any deficiencies or non-conforming work identified, and ensure that the Design-Builder takes appropriate corrective action to remedy such deficiencies in a timely manner.

Certification of Payments

The DCP Consultant shall ensure that the Design-Builder’s Engineer of Record reviews and approves all requisitions for payment prior to submittal to the DCP Consultant. Upon receipt, the DCP Consultant shall review the Design-Builder’s notarized payment requisitions, together with the approved Schedule of Values, current Project Schedule, and all other documentation and requirements specified in the

Construction Contract. Based on such review, the DCP Consultant shall evaluate and determine the amounts properly due to the Design-Builder and shall prepare and recommend to the County

Certificates for Payment in the appropriate amounts. Each Certificate for Payment issued by the DCP

Consultant shall constitute a representation to the County that, to the best of the DCP Consultant’s knowledge, information, and belief, the Work has progressed to the point indicated and that the quality of the work is in accordance with the Contract Documents.

Records Drawings

Upon completion of construction, the DCP Consultant shall coordinate and ensure that the Design-

Builder’s Engineer of Record, utilizing record data compiled by the Design-Builder in conjunction with the Engineer of Record’s own as-built documentation, revises and updates the original working drawings to accurately reflect all modifications made during construction, including but not limited to addenda, approved substitutions, change orders, and field directives, in accordance with the design-build

Contract.

Following completion of the revisions, and upon review and approval of the record drawings by both the

DCP Consultant and the County, the DCP Consultant shall require the Engineer of Record, at the Design-

Builder’s expense, to reproduce and furnish the County with the final record drawings and related documentation as required under the design-build Contract.

Substantial Completion

Upon written notification from the Design-Builder’s Engineer of Record that the Project has achieved

Substantial Completion — including, but not limited to, completion of all contractual obligations under the design-build Agreement and compliance with all applicable Regulatory Agency requirements and Life

Safety Standards — the DCP Consultant shall promptly proceed as follows:

• Conduct the necessary inspections to determine the date(s) of Substantial Completion for the

Project in accordance with the requirements of the design-build Contract Documents.

• If, in the professional judgment of the DCP Consultant, the Project is determined to be substantially complete and in compliance with the design-build Contract Documents, the DCP

Consultant shall issue a written certification stating that, to the best of the DCP Consultant’s knowledge, information, and belief, the project has been completed in substantial accordance with the Contract Documents. The DCP Consultant shall also provide any additional certifications required by applicable laws, codes, or regulations.

• If the project is determined to be incomplete or non-compliant, the DCP Consultant shall issue a written notice to the Design-Builder identifying all deficiencies. The DCP Consultant shall subsequently verify the correction of such deficiencies by the Design-Builder and, upon satisfactory completion, shall issue the required certification of Substantial Completion.

Final Completion

If the DCP Consultant determines that the project has been completed in accordance with the Contract

Documents and is acceptable for final acceptance, the DCP Consultant shall obtain the County’s written authorization to formally notify the Contractor of the County’s acceptance of the project and the commencement of the contractual warranty period.

Project Closeout

Upon formal acceptance of the project by the County, as set forth in the design-build Contract, the DCP

Consultant shall promptly initiate and oversee the Project closeout process, ensuring the completion of all remaining aspects of the construction phase. Such services shall include, but not be limited to:

obtaining from the Design-Builder’s Engineer of Record all required submittals, including marked-up record documents, warranties, operation and maintenance manuals, and releases of claims; updating and submitting all record documents; verifying the Design-Builder’s completion of all punch list items;

coordinating and assisting the County with final inspections by all applicable regulatory and authorizing agencies; completing the review and processing of any outstanding contract change orders; evaluating and advising the County regarding the assessment of liquidated damages, if applicable; and reviewing and processing final payments to the Design-Builder in accordance with contract requirements.

2.2. Design Considerations

Apparatus Bays

The apparatus bay area shall consist of pre-engineered metal building structures on reinforced concrete slabs designed to accommodate all emergency response vehicles, including engines, ladder trucks, and ambulances. Adequate circulation space shall be provided to allow for vehicle maneuvering, routine maintenance, cleaning, and equipment storage. The bays shall incorporate non-slip flooring, appropriate exhaust ventilation systems, and sufficient clearance to meet all applicable safety standards. Dedicated zones for decontamination, turnout gear storage, and ancillary equipment shall also be included within this area. This new facility will need to have a minimum of two bays (~17’x70’ each) with the opportunity to add additional bays in the future.

Living and Sleeping Quarters

The living and sleeping quarters shall provide a well-balanced environment that supports both team interaction and individual rest. The design should include private sleeping rooms, restrooms with showers, a day room, kitchen and dining area, and a dedicated laundry space for personnel. The layout and finishes should promote comfort, privacy, and durability while maintaining operational efficiency and ease of maintenance.

Fitness Facilities

The facility shall include a dedicated fitness area designed to support firefighter health and wellness.

The space should accommodate both cardiovascular and strength-training equipment, providing adequate room for safe use, ventilation, and long-term flexibility for equipment updates or layout modifications.

Training Areas

If included, training areas shall be designed to support a variety of instructional and practical activities.

Spaces may include classrooms, simulation zones, and drill areas, as well as specialized facilities for decontamination, gear maintenance, and operational readiness exercises.

Administrative Areas

Administrative functions shall be supported by dedicated office and communications spaces designed for operational coordination, recordkeeping, and daily administrative tasks. The design should provide secure, efficient work environments that integrate technology infrastructure and support effective communication within the station and with external agencies.

Decontamination and Contamination Control

The facility design shall incorporate comprehensive contamination control measures that clearly separate “hot” (contaminated) and “clean” zones. Dedicated decontamination areas, equipment wash-down stations, and properly ventilated PPE storage rooms shall be provided to minimize exposure to carcinogens and hazardous materials, consistent with current best practices in firefighter health and safety design.

Site Layout

The site layout and building orientation shall prioritize functionality, rapid response, and accessibility.

Key considerations include vehicular circulation, proximity to primary response routes, visibility, and potential for future expansion. The overall site design shall ensure safe and efficient ingress and egress of emergency vehicles while maintaining compatibility with surrounding land uses and community context.

Staffing Models

Evaluate staffing configurations for each operational shift, taking into account the number of personnel, apparatus types, and associated equipment. Space requirements shall be based on operational demands, apparatus dimensions, circulation needs, and other facility functions essential to maintaining readiness and efficiency.

Health and Wellness

Incorporate design elements that promote firefighter health, safety, and well-being, including ample natural lighting, enhanced indoor air quality through proper ventilation, and convenient access to outdoor fitness or relaxation areas.

Sustainability

Integrate sustainable design principles throughout the facility, emphasizing energy-efficient systems, the use of durable and low-maintenance materials, storm hardening and resilience strategies, and overall lifecycle cost efficiency.

Technology Integration

Plan for current and future technological infrastructure needs by designing adaptable spaces capable of supporting advanced communication networks, data management systems, and emerging operational technologies.

2.3. Required Format and Content of Proposal

The County reserves the sole right to reject any proposal that does not conform to the required format.

All respondents shall address each section in the order listed below. Electronic proposals may be submitted through the Vendor Registry portal by following the prescribed instructions for uploading electronic documents. Each proposal shall be organized in a clearly defined, tabbed format, with each section corresponding to the proposal’s Table of Contents and containing all required information.

Interested and qualified firms shall submit a comprehensive Statement of Qualifications detailing their relevant experience and expertise in performing the type of work described herein. Respondents are expected to thoroughly review the information contained in the following criteria and provide complete, well-organized responses addressing each requirement. The submission shall include, at a minimum, the following materials:

Cover Letter (1-page max)

A cover letter shall be provided on the firm’s official letterhead, signed by an authorized representative with the legal capacity to contract on behalf of the firm. The cover letter shall include the following information:

• The name, title, mailing address, telephone number, and email address of the firm’s primary contact person for this proposal;

• A statement confirming that the proposer has reviewed, understands, and agrees to the Scope of Services, and accepts all other requirements, terms, and conditions set forth in this Request for Letters of Interest (RLI); and

• An itemized list identifying all materials and enclosures submitted in response to the RLI.

Table of Contents (1-page max)

Provide a detailed listing of all major topics, including their associated section numbers and corresponding starting page numbers, in the order they appear within the document.

SECTION ONE: RESPONDENT'S STATEMENT OF QUALIFICATIONS (3-page max)

Provide an organizational overview of the firm, including key personnel, their qualifications, and specific roles in performing the required services. Include copies of applicable professional licenses, certifications, and registrations with regulatory agencies or professional organizations.

Identify all proposed sub-consultants, describing their qualifications, areas of expertise, and anticipated roles and responsibilities in the performance of services.

SECTION TWO: RESPONDENT’S EXPERIENCE AND PERFORMANCE ON PAST PROJECTS (3-page max)

Identify and describe the proposed firm's past experience providing Design Criteria Services that are identical or similar to this project within the last ten (10) years. List the projects in order of priority, with the most relevant project listed first.

Include at least three (3) client references, providing the organization’s name and their representative who served as the day-to-day liaison during the project, including current contact information.

Describe the firm’s record of performance with respect to meeting project schedules, budget adherence, and overall client satisfaction.

Has your firm or organization, within the past seven (7) years, ever been terminated from a design project? If yes, please provide all pertinent details.

SECTION THREE: LITIGATION AND CLAIMS (1-page max)

Has your firm or any of its officers been involved in, or are currently subject to, any judgments, claims, arbitration, or mediation proceedings, whether pending or outstanding? If yes, please provide detailed information regarding the nature, status, and resolution or anticipated outcome of each matter.

Has your firm or organization, within the past seven (7) years, been involved in any lawsuits, or initiated any arbitration or mediation proceedings related to any construction projects? If yes, please provide relevant details, including the nature of the matter and the outcome(s).

SECTION FOUR: RESPONDENT’S CURRENT WORKLOAD (1-page max)

Provide a summary of the firm’s current workload and discuss the firm’s capacity to complete this project within established timelines.

Confirm that the firm has adequate staff and resources available to commence work upon notice to proceed.

SECTION FIVE: PROJECT SPECIFIC CRITERIA (2-page max)

Describe your firm’s design approach for developing a Category 5 hurricane-resistant fire station that balances operational efficiency, firefighter health and wellness, and long-term facility resiliency. Include examples of how your team has previously addressed hardened construction, redundancy of critical systems, and continuity of operations during and after severe weather events.

Explain your firm’s experience and approach in coordinating with Northwest Florida agencies, including the Escambia County Facilities Management Department, the Fire Rescue Division, FDOT, and the

Northwest Florida Water Management District (NWFWMD), to obtain design approvals and permitting for similar facilities. Include specific examples of your familiarity with local site conditions, stormwater management requirements, and applicable Florida Building Code provisions for essential facilities.

SECTION SIX: RESPONDENT’S OFFICE LOCATION (1-page max)

List the location of all offices (firm and sub-consultants) involved with this project and the approximate distance (in miles) and time (in hours) to downtown Pensacola, Florida.

3. General Terms and Conditions

The following General Terms and Conditions are incorporated by reference and have the same legal effect as if printed in its entirety.

A full textual copy of these conditions may be obtained by visiting the Office of Purchasing web site (see

Bid information below), by telephoning the Office of Purchasing at 850-595-4980, by Fax at 850-595-

4806, or by email at purchasing@myescambia.com.

Note: Any and all Special Terms and Conditions, and any specifications referenced within the solicitation, which varies from these General Terms and Conditions shall have precedence. Submission of the Bidder’s/Proposer’s Solicitation, Offer, and Bid/Proposal Form(s) in accordance with these

General Terms and Special Terms and Conditions constitutes an offer from the Offeror. The conditions incorporated herein become a part of the written Agreement between the parties.

Any and all supplemental Solicitation Terms and Conditions provided in section III above and the specifications referenced within the solicitation which 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 mailto:purchasing@myescambia.com 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 Manager.

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.

a. 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.Submission Deadline; Solicitation Opening: The solicitation opening shall be public and, unless otherwise stated in the solicitation, immediately following the Submission Deadline. Offers that are not timely submitted in the e-procurement portal of the County’s vendor management software will not be considered.

21.Award: The County reserves the right to waive any informalities and accept or reject any and all offers and to make award to the lowest most responsive and most responsible offeror(s) whose offer meets the requirements and criteria set forth in the solicitation and whose award will, in the opinion of the County, be in the best interest of and most advantageous to the County.

22. 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. 46-101, Escambia County Code of Ordinances.

23. 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.

24. 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.

25.Invoicing and Payment. Payments shall be made in accordance with the Local Government Prompt

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

26. 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.

27. 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.

28. 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.

29. 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 the 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.

30. 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.

31. 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 contact. 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.

32. 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).

33. 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.