INVITATION TO BID

PD 25-26.118

DUNE MATRIX ENHANCEMENT- PENSACOLA BEACH - NATIONAL

COASTAL RESILIENCE FUND NFWF

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: September 21, 2026

DEADLINE FOR QUESTIONS: October 20, 2026

RESPONSE DEADLINE: October 27, 2026, 1:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

INVITATION TO BID

Dune Matrix Enhancement- Pensacola Beach - National Coastal

Resilience Fund NFWF

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions

4. General Terms & Conditions

5. Construction Terms

6. Standard Insurance Requirements and Certificates

7. Insurance for Construction Contracts-General

8. Insurance for Construction Contracts-Pollution Liability

9. Evidence/Certificates of Insurance

10. Pricing Table

11. Vendor Submissions

Attachments:

A - 2021_Approved_Plant_List_Large

B - Grant Extension until 10.01.2027_ NFWF_81574

C - NFWF_Agreement_81574__FullyExecuted

D - Escambia Dune Matrix Asphalt Removal Plans

E - Escambia Dune Matrix Enhancement Specs - Pensacola 17Sep2026

F - Escambia Dunes Plans_PCola Plans_2026-9-17_signed

G - Exhibit.FederalContractProvisions with signature 5.6.26

Invitation To Bid #PD 25-26.118 Title: Dune Matrix Enhancement- Pensacola Beach - National Coastal Resilience Fund NFWF

1. Introduction

1.1. Summary

Escambia County is seeking bids for installation of native vegetation, post and rope, sand fencing and signage along the gulf-frontal beach and scrub dune habitats along with removal of asphalt debris uncovered by previous storms on Pensacola Beach in support of the Escambia County Dune Matrix

Enhancement Project, funded by the NFWF National Coastal Resiliency Fund.

Installation activities must comply with the contract drawings attached, associated Florida Department of Environmental Protection (FDEP) field permit and Technical Specification documents. Contractor is responsible for securing additional permits/approvals prior to conducting installation activities including, but not limited to, beach driving permits, and business licenses.

1.2. Background

This project is one phase of the National Fish and Wildlife Foundation (NFWF) National Coastal

Resiliency Fund Project “Escambia County Dune Matrix Enhancement”. Activities will include installation of native dune vegetation along the seaward edge of the primary dune, installation of signage and sand fencing as appropriate, and removal of asphalt debris uncovered from previous storms. The purpose is to enhance the resiliency of natural dune habitats against future storm events and improve plant species richness and diversity for the benefit of coastal wildlife.

1.3. Contact Information

Travis Simmons

Purchasing Grant Coordinator

213 Palafox Place

Pensacola, FL 32502

Email: rtsimmons@myescambia.com

Phone: (850) 595-4918

Department:

Purchasing

1.4. Timeline

Release Project Date September 21, 2026 mailto:rtsimmons@myescambia.com tel:(850)595-4918

Pre-Bid Meeting (Non-Mandatory) September 28, 2026, 11:00am

Office of Purchasing

213 Palafox Place, 2nd Floor

Pensacola, FL 32502

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Bid Opening October 27, 2026, 1:00pm

Office of Purchasing

213 Palafox Place, 2nd Floor

Pensacola, FL 32502

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2. Scope of Work

2.1. Lot 1 Scope of Work - Pensacola Beach Planting

Detailed technical specifications for this project are included in the attached contract drawings and

Technical Specifications. A summary of project activities is included below.

Project activities will consist of:

Pensacola Beach Planting

The expected Installation amounts for this project are 78,710 units of native vegetation (i.e. sea oats, panic grass, groundcover) with hydrating gel/ fertilizer. The county reserves the right to purchase more or less at the bid amount.

• 62,090 units of Sea Oats

• 10,830 units of Panic Grass/ Gulf Bluestem

• 5,790 units of Diversity Groundcover (minimum of 3 species)

• Installation of 7,095 feet of post-and-rope fence

• Installation of 5,384 feet of sand fence

• Installation of 11 signs https://teams.microsoft.com/meet/239348724765752?p=vkUQNeNp8cvB9w46H3 https://teams.microsoft.com/meet/239348724765752?p=vkUQNeNp8cvB9w46H3

• Cost of 10 uninstalled signs

• Maintenance, as needed to assure survivability and condition of fencing through 180-day warranty period

All quantities should comply with the attached Pensacola Beach Dune Contract Drawings. All species not specifically called out must be native vegetation (see attached list for approved plants). Bids must include specific species and their quantities for bid submittal.

The minimum acceptable planting unit size is a plant that is grown in a cell or container with a minimum depth of 1.5 inches and a minimum volume of 1.5 cubic inches. The soil/root ball of each planting unit shall fit at least 80% of the cell in which it is grown. A super absorbent polymer pre-hydrating gel shall be used for all planting units per gel manufacturer specifications. A minimum of 10 fluid ounces of hydrated gel/fertilizer mixture shall be placed beneath or within the root zone of each planting unit during installation.

Deliverable planting units shall be no less than 60-days old and no more than 180-days old, as measured from the approximate time of germination/rooting. Planting units must be acclimated to outdoor, full sun growing conditions for no less than 14 days before planting. The contractor must have documentation of the plant age for each box/tray of planting units delivered to the work site to present upon request.

All planting units provided shall have moist, vigorous root systems free of rot, disease, or discoloration at the time of delivery and installation. The root systems should be firm and bright colored at the time of delivery and installation. Planting units not meeting these specifications will be rejected. Species diversity must meet the minimum qualification as outlined in the project activities section (above) for each planting type (groundcover, trees, shrubs). All species selected must be chosen from the approved plant list (attached). The contractor may recommend other species for approval by the County, with documentation that species is appropriate for the site. No other plant species will be accepted as substitutes unless approved in writing by the County.

Award for this may be Lot By Lot or All or None. If your firm wishes to No Bid this section on the pricing table, please No Bid each item in the pricing table.

2.2. Lot 2 Scope of Work - Debris Removal

PROJECT/WORK IDENTIFICATION

Abbreviated Written Summary: Briefly and without force and effect upon the contract documents, the work of the Contract can be summarized as follows:

• The project includes soil (beach sand) screening.

• Mobilize equipment and establish erosion control in accordance with Florida Best Management

Practices, Escambia County performance standards, the plans, and approved project permits.

• Screen approximately 4000 CY of sand in place and remove screened debris and materials off the island and dispose of it legally.

The work includes but may not be limited to the following:

• Place and maintain erosion control devices.

• Remove unsuitable materials from the island.

• Screen and separate usable materials from unsuitable materials, soils, and/or shells.

• Return project area to pre-construction grade and conditions.

Award for this may be Lot By Lot or All or None. If your firm wishes to No Bid this section on the pricing table, please No Bid each item in the pricing table.

2.3. Contractor's Use of Premises

General: The Contractor shall limit his use of the premises to the work indicated.

Use of the Site: Confine operations at the site and rights-of-way to the areas permitted under the

Contract. Portions of the site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction.

• Keep existing driveways and entrances clear and available at all times. Do not use these areas for parking or storage of materials.

• Lock automotive type vehicles such as passenger cars and trucks and other mechanized and motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place.

2.4. Coordination

General: The work of this Contract includes coordination of the entire work of the project, including preparation of general coordination drawings, diagrams and schedules, and control of site utilization, from beginning of construction activity through project close-out and warranty periods.

2.5. Work Under Other Contracts

Separate Contract: The Owner reserves the right to award separate contracts for performance of certain construction operations at the site as needed. It may be necessary to conduct these operations simultaneously with work under this Contract.

• The Contractor shall, at all times, allow other contractors on the site as the Owner sees fit.

• The Contractor shall provide a work/location schedule to any contractor working on site.

• The Contractor shall make claim within seven working days if delays are created by the presence of another contractor on site. In no case shall monetary claims be made for interference between contractors.

• Cooperate fully with separate contractors so that work under those contracts may be carried out smoothly, without interfering with or delaying work under this Contract.

Removal of asphalt, concrete, gravel, wood, metal, plastic, and any other material otherwise prohibited under the Barrier Island Sand Ordinance

• Removal of 24,004 square yards of debris

• Removal of debris in Area A - 6,521 SY

• Removal of debris in Area B - 1,075 SY

• Removal of debris in Area C - 12,057 SY

• Removal of debris in Area D - 3,904 SY

• Removal of debris in Area E - 447 SY

Debris removal shall occur no deeper than 6 inches below surface grade. Material larger that 1/8 inches shall be eligible for removal, including but not limited to asphalt, concrete, gravel, wood, metal, plastic or any other material otherwise prohibited under the Barrier Island Sand Ordinance. Debris shall be removed in such a way to minimize disturbance to surrounding areas. Debris that poses significant excavation or disturbance to removal shall be documented and the county should be notified to determine the appropriate course of action.

Equipment should be limited to self-propelled or tow-behind machines that will limit distribution to native substrates and topography. The use of heavy machinery, including large tractors, front loaders and similar vehicles, shall only be permitted in the event no feasible alternative exists.

Staging and access locations of debris removal equipment, including dumpsters, and other containers, shall be contained within the work area as defined in the plans. Operation of any vehicles within the dune systems shall be in accordance with the environmental protection requirements.

All temporary alteration of the beach topography (e.g., tire ruts and other vehicle tracks) landward of the mean high-water line, shall be filled or leveled to the natural beach profile by the end of the workday which was approved for vehicular access. No equipment or materials may be stored on the beach during sea turtle nesting season (May 1 through October 31).

Debris shall be contained within a dumpster or other permanent container for the duration of the project. Debris material shall be recycled when possible or otherwise disposed of off the island in accordance with local, state, and federal regulations.

The contractor shall protect the safety of the general public utilizing the beach during the construction.

The contractor shall direct to the county all concerns or issues relating to potential conflicts between work activities and residents or beachgoers.

Damage to the property caused by the contractor's fault or negligence in conducting the subject work shall be promptly repaired to pre-project conditions, acceptable to the county, at no additional expense to the county. In the event that the contractor fails to undertake satisfactory reparations, the county will undertake the same and deduct the reasonable cost of these repairs from the amount otherwise payable to the contractor.

The individual areas of work (document attached) will be staked in the field and agreed upon by representatives of Escambia County, the engineer, and the contractor, prior to construction.

Work areas, including staging and beach access locations, shall comply with the associated contract drawings and technical specifications. If work is not completed prior to shorebird season (typically

March-April), beach access will be modified to avoid nesting shorebirds.

Contractors shall use the attached pricing table in their bid submission.

2.6. Work Sequence

No work may begin without issuance of a written Notice to Proceed by the County. Contractor shall provide the County with 72 hours notice prior to commencement of work. Project completion is 180 days after Notice to Proceed.

Work shall be performed on a continual basis, from start to finish, during the daylight hours, without interruption. Daylight hours is considered to be sunrise or during the sea turtle nesting season, after notification the beach has been cleared by sea turtle monitors, till 1 hour after sunset. Contractor shall provide a detailed field work schedule in the Work Plan. The contractor shall notify the County at least

48 hours prior to suspending work.

2.7. Environmental Protections

The Contractor shall conduct their activities in a manner so as to minimize or avoid disturbance to existing environmental resources along the work area. The Contractor shall comply with all marine turtle and shorebird protection requirements as specified by the associated permits.

Beginning February 15, 2026, heavily occupied shorebird habitat will be marked by County or designated representative within the habitat and shall be avoided by the Contractor.

Beginning May 1, the County or County-designated representative shall conduct early-morning, daily surveys of the beach along the work area, prior to 9:00AM. The Contractor shall contact the designated turtle nest monitoring personnel each morning prior to commencing any vehicular activity on the beach.

2.8. Warranty Period

Plantings, sand fencing and post-and-rope, will be assessed by the County or their designee(s) approximately 180 days following the date of Substantial Completion. Due consideration will be given by the County for force majeure, including extreme storm events, or freezes. The planting effort shall be deemed a success if a minimum survival rate of 80% of all planting units installed over each Planting

Area is achieved.

The Contractor may, at their sole discretion, make interim visits to the site during the warranty period to assess the conditions of the installed plants and assess the need for interim irrigation or plant replacement. The date of any visit shall be coordinated with the County, and any interim warranty actions to be taken by the Contractor, if elected, shall be approved by the County and/or their designee(s).

3. Solicitation Terms and Conditions

Normal ITB

3.1. Solicitation Terms and Conditions

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

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

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

Pre-Bid Inquiries

All inquiries concerning the solicitation, including, but not limited to, the scope of work, specifications, additional requirements, attachments, general or supplemental terms and conditions, must be submitted to the Office of Purchasing 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 bid documents will be in the form of a written addendum issued by the County not less than five (5) days prior to the date and time of bid closing.

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

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

Examination of Documents and Site

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

Preparation of Bid

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

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

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

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

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

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

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

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

Integrity of Documents

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

Submittal of Bid

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

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

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

Withdrawal of Bids

A bidder may withdraw its bid, either personally or by written request, at any time prior to the scheduled time for Bid Opening. Requests to alter or withdraw a bid must be submitted in writing to the

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

Bids to Remain Subject to Acceptance

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

Conditional or Incomplete Bids

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

Addition/Deletion of Item(s)

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

https://procurement.opengov.com/portal/escambiacountyfl/projects/304288/document?section=undefined

Changes to Specifications

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

Disqualification of Bidders

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

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

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

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

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

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

Investigation of Bidder

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

Evaluation of Bids and Award of Contract

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

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

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

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

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

Award

Escambia County reserves the right to award on an “all-or-none” basis to one offeror or to award on a

“lot-by-lot” basis, whichever is in the best interest of and/or most advantageous to the County.

Form of Agreement

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

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

Indemnification

Offeror agrees to save harmless, indemnify, and defend County and their elected and appointed officials, agents, officers, and employees from any and all claims, losses, penalties, interest, demands, judgments, and cost of suit, including attorneys’ fees, and paralegals’ fee, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the work performed by Offeror under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted Offeror; or resulting from the use by Offeror, or by anyone for whom Offeror is legally liable, of any materials, tools, machinery or other property of County. County and Offeror agree the first $100.00 of the Contract Amount paid by County to Offeror shall be given as separate consideration for this indemnification, and any other indemnification of County by Offeror provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Offeror by Offeror’s acceptance and execution of the Agreement. The Offeror's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance.

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

4. General Terms & Conditions

Any and all Supplemental Terms and Conditions and specifications referenced within the solicitation that vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and Supplemental Terms and Conditions constitutes a binding offer from the offeror. The terms and conditions incorporated herein will become a part of the written agreement between the parties.

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

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

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

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

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

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

Corporations.

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

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

Conduct of Participants.

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

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

Purchasing Director.

Definitions.

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

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

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

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

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

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

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

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

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

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

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

IS FOR SPECIFIED QUANTITY ONLY”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 218.76(2), Florida Statutes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§1324a).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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