INVITATION TO BID

PD 26-27.010

MYRTLE GROVE FIRE STATION 11 - PRE-ENGINEERED METAL

BUILDING SYSTEM

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: November 3, 2026

DEADLINE FOR QUESTIONS: November 17, 2026

RESPONSE DEADLINE: December 3, 2026, 10:00 am

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

Myrtle Grove Fire Station 11 - Pre-Engineered Metal Building System

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-Professional Liability

9. Insurance for Construction Contracts-Installation Floater

10. Professional Errors and Omissions

11. Insurance for Construction Projects-Moving & Rigging Floater

12. Evidence/Certificates of Insurance

13. Pricing Table

14. Vendor Submissions

Attachments:

A - MYRTLE_GROVE_FIRE_STATION_11_-_IFB_PROJECT_MANUAL

B - MYRTLE_GROVE_FIRE_STATION_11_-_IFB_DRAWINGS

Invitation To Bid #PD 26-27.010 Title: Myrtle Grove Fire Station 11 - Pre-Engineered Metal Building System

1. Introduction

1.1. Summary

The Escambia County Board of County Commissioners ("County") invites sealed bids from qualified and properly licensed vendors for furnishing all labor, materials, equipment, engineering, fabrication, delivery, erection, supervision, coordination, and incidental work necessary to provide a complete Pre-

Engineered Metal Building (PEMB) System for the new Myrtle Grove Fire Station 11, in accordance with the Contract Documents.

The Work generally consists of providing a complete, engineered PEMB structural system for the new

Myrtle Grove Fire Station, including, but not limited to:

• Primary structural framing and portal frames (utilize straight frames, not tapered);

• Secondary framing;

• Roof purlins;

• Standing seam metal roof panel system;

• Wall girts;

• Metal wall panels for brick back-up;

• Fascia panels;

• Soffit panels;

• Ceiling liner panels;

• Anchors and connection bolts;

• Bracing;

• Vinyl backed insulation;

• Miscellaneous structural components associated with the PEMB system;

• Engineering;

• Shop drawings;

• Fabrication;

• Delivery; and

• Erection.

The PEMB shall be fully coordinated with the architectural, structural, mechanical, electrical, plumbing, fire protection, and other requirements indicated in the Contract Documents.

The County intends to award the Work to the lowest responsive and responsible bidder whose bid complies with the requirements of the solicitation and is determined to be in the best interest of

Escambia County.

1.2. Background

The Myrtle Grove Fire Station is a new essential public-safety facility being constructed for Escambia

County Fire Rescue.

The facility generally includes:

• Fire station administrative and operational areas;

• Apparatus bays;

• Firefighter dormitory and living areas;

• Watch/communications room;

• Kitchen, dining, and day-room areas;

• Restrooms, showers, and support spaces;

• Mechanical and electrical systems;

• Emergency generator;

• Fire sprinkler and fire-alarm systems;

• Site improvements and associated infrastructure; and

• A pre-engineered metal building structural system integrated with the architectural design of the facility.

The PEMB system is intended to provide the primary building structural framework while maintaining the architectural character, dimensions, elevations, clearances, exterior materials, openings, and other requirements established by the Construction Documents.

The successful Contractor shall not modify the architectural design, building footprint, roof configuration, finished elevations, column locations, apparatus-bay clearances, exterior appearance, or other design criteria without prior written approval from the County and Architect of Record.

1.3. Contact Information

Kent Jensen

Purchasing Coordinator

213 Palafox Place, 2nd Floor

Pensacola, FL 32502

Email: kmjensen@myescambia.com

Phone: (850) 595-4982 mailto:kmjensen@myescambia.com tel:(850)595-4982

Department:

Purchasing

1.4. Timeline

Release Project Date November 3, 2026

Pre-Bid Meeting (Non-Mandatory) November 10, 2026, 10:30am

Office of Purchasing

Escambia County Board of County Commissioners

213 Palafox Place, 2nd Floor, Pensacola, FL 32502

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/221714029655

2965?p=uhR0nkEBc2KRU1djiC

Meeting ID: 221 714 029 655 296 5

Passcode: mt3GX7Ar

Need help? | System reference

Dial in by phone

+1 863-333-5817,,681037132# United States, Lakeland

Find a local number

Phone conference ID: 681 037 132#

Question Submission Deadline November 17, 2026, 10:00am https://teams.microsoft.com/meet/2217140296552965?p=uhR0nkEBc2KRU1djiC https://teams.microsoft.com/meet/2217140296552965?p=uhR0nkEBc2KRU1djiC

Bid Opening December 3, 2026, 10:00am

Office of Purchasing

Escambia County Board of County Commissioners

213 Palafox Place, 2nd Floor, Pensacola, FL 32502

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/265355815436

2210?p=dLj5rxUKfCMI2NQ57Y

Meeting ID: 265 355 815 436 221 0

Passcode: tS3FD2cy

Need help? | System reference

Dial in by phone

+1 863-333-5817,,223662473# United States, Lakeland

Find a local number

Phone conference ID: 223 662 473#

2. Scope of Work

2.1. Scope of Work

The Base Bid shall include all labor, materials, engineering, fabrication, delivery, erection, equipment, supervision, temporary work, coordination, and incidental items necessary to provide the complete Pre-

Engineered Metal Building (PEMB) system described by the Contract Documents.

The Bidder shall carefully review the entire Construction Document set. No additional compensation will be allowed for work reasonably inferable from the Contract Documents or necessary to provide a complete and code-compliant PEMB system.

The Work shall include, but is not necessarily limited to, the following:

Delegated Engineering by Contractor or Manufacturer's Engineer of Record (EOR)

Provide complete structural engineering and delegated design of the PEMB system by Contractor's or

Manufacturer's EOR. Contractor or Manufacturer's EOR must be a Professional Engineer currently licensed in the State of Florida.

Engineering shall include, at minimum:

• Primary rigid frames;

• Columns;

• Rafters;

• Secondary framing;

https://teams.microsoft.com/meet/2653558154362210?p=dLj5rxUKfCMI2NQ57Y https://teams.microsoft.com/meet/2653558154362210?p=dLj5rxUKfCMI2NQ57Y

• Purlins;

• Girts;

• Eave struts;

• Bracing;

• Flange bracing;

• Portal frames where required;

• Rod, cable, or other approved bracing systems;

• Framed openings;

• Roof framing;

• Wall framing associated with the PEMB;

• Connections;

• Base plates;

• Anchor-bolt requirements;

• Equipment support framing where indicated;

• Canopies and miscellaneous PEMB-supported elements where indicated;

• Load paths;

• Structural reactions; and

• Other components necessary to provide a complete structural system.

Engineering calculations and shop drawings shall be signed and sealed by the Florida-licensed

Professional Engineer responsible for the PEMB design.

Design Criteria

The PEMB shall be designed in accordance with the currently adopted Florida Building Code and all applicable referenced standards, codes, and regulations identified in the Contract Documents.

The facility is an essential public-safety facility. The PEMB manufacturer and Contractor shall carefully review the structural design criteria established by the Engineer of Record, including applicable:

• Risk Category;

• Ultimate design wind speed;

• Exposure category;

• Internal pressure coefficient;

• Components and cladding pressures;

• Roof live loads;

• Dead loads;

• Collateral loads;

• Rain loads;

• Seismic criteria;

• Deflection criteria; and

• Other environmental or structural loads.

The PEMB supplier shall not assume design criteria based solely upon its standard building system. The

Contract Documents and Engineer of Record's structural criteria shall govern.

Where conflicts exist, the more stringent requirement shall apply unless otherwise directed in writing by the Engineer of Record.

Primary Structural Frames

Provide all rigid frames, columns, rafters, moment-frame components, connections, stiffeners, plates, bolts, and associated components required for the complete structural system.

Column locations shall conform to the Construction Documents.

Interior columns shall not be relocated into apparatus circulation areas, apparatus parking areas, operational spaces, or other locations without prior written approval.

Where indicated by the Construction Documents, columns shall be located outboard or otherwise configured to maintain required clearances within the apparatus bays.

Secondary Framing

Provide all required:

• Purlins;

• Girts;

• Eave struts;

• Bridging;

• Sag rods;

• Flange braces;

• Framed openings;

• Supplemental members;

• Blocking; and

• Secondary structural components.

Secondary framing shall be coordinated with all architectural finishes and building systems.

Building Bracing

Provide a complete lateral bracing system.

Bracing locations shall be coordinated with the architectural plans and shall not interfere with:

• Doors;

• Windows;

• Apparatus-bay doors;

• Mechanical equipment;

• Ductwork;

• Electrical equipment;

• Plumbing systems;

• Fire-protection systems;

• Interior partitions;

• Casework;

• Ceiling systems;

• Access paths; or

• Required operational clearances.

Bracing shall not be relocated into architecturally or operationally sensitive locations without approval of the Architect and Structural Engineer of Record.

Framed Openings

Provide structural framing necessary for all openings indicated in the Construction Documents, including openings associated with:• Apparatus-bay doors;

• Apparatus-bay doors, including (2) jamb tubes and (1) head tube for each of the three four-fold doors, in addition to 8” girt jambs and head per details;

• Personnel doors;

• Windows;

• Louvers;

• Mechanical penetrations;

• Exhaust systems;

• Intake systems;

• Equipment;

• Architectural features; and

• Other building-system penetrations.

Special attention shall be given to framing and clearances required for the apparatus-bay door systems.

Roof System Coordination

The PEMB framing shall accommodate the roof system indicated in the Contract Documents.

The PEMB supplier shall coordinate roof slopes, ridges, eaves, valleys, drainage conditions, gutters, downspouts, penetrations, curbs, equipment supports, insulation assemblies, and architectural roof conditions.

No rooftop mechanical equipment shall be introduced unless specifically shown or authorized by the

Contract Documents.

Exterior Wall Coordination

The building incorporates architectural exterior materials independent of or supplemental to the PEMB structural system.

The PEMB supplier shall coordinate structural framing and attachment requirements for exterior assemblies indicated by the Construction Documents, including brick veneer and associated backup/support systems.

Provide supplemental framing, girts, clips, connections, and other components specifically assigned to the PEMB scope by the Contract Documents.

The PEMB manufacturer shall account for applicable loads imposed by exterior wall assemblies upon the

PEMB structure.

Apparatus Bays

The PEMB system shall maintain all required clear dimensions within the apparatus bays.

Structural members, bracing, connections, bolts, girts, or other components shall not encroach upon required:

• Apparatus parking clearances;

• Vehicle circulation;

• Door operating envelopes;

• Overhead door equipment;

• Exhaust systems;

• Lighting;

• Sprinkler systems;

• Mechanical systems; or

• Other operational equipment.

Foundation Coordination

Unless expressly included elsewhere in the Bid Documents, cast-in-place concrete foundations are not part of the PEMB manufacturer's fabrication scope.

However, the successful Bidder shall provide the Structural Engineer of Record with all information necessary for final foundation coordination, including:

• Column reactions;

• Vertical reactions;

• Horizontal reactions;

• Moments;

• Shear forces;

• Uplift reactions;

• Base-plate dimensions;

• Anchor-bolt patterns;

• Anchor-bolt forces; and

• Other design information required for foundation design.

Any increase in foundation size, reinforcement, anchor-bolt requirements, or other foundation work resulting from the successful Bidder's proposed PEMB system shall be clearly identified prior to approval of the PEMB shop drawings.

The County shall not be responsible for additional costs resulting from the PEMB supplier's failure to properly coordinate its system with the Contract Documents.

Anchor Bolts

Provide anchor-bolt plans, templates, setting information, tolerances, and associated engineering necessary for installation.

The PEMB Contractor shall verify anchor-bolt placement prior to erection.

Any corrective work resulting from inaccurate PEMB-supplied dimensions, templates, or information shall be the responsibility of the successful Bidder.

Shop Drawings and Submittals

Prior to fabrication, submit complete PEMB shop drawings for review by the Architect and Structural

Engineer of Record.

Submittals shall include:

1. Signed and sealed PEMB engineering calculations from Contractor or Manufacturer's engineer of record;

2. Signed and sealed structural shop drawings;

3. Column and rigid-frame layouts;

4. Roof framing plans;

5. Wall framing elevations;

6. Bracing plans and elevations;

7. Connection details;

8. Base-plate details;

9. Anchor-bolt plans;

10. Structural reactions;

11. Framed-opening details;

12. Material specifications;

13. Coating/finish information;

14. Manufacturer's standard details;

15. Erection drawings; and

16. Written identification of deviations from the Construction Documents.

Review of shop drawings shall not relieve the Contractor, PEMB manufacturer, or delegated engineer of responsibility for the engineering, dimensions, coordination, completeness, code compliance, or performance of the PEMB system.

Fabrication

Fabricate structural components in accordance with approved shop drawings and applicable industry standards.

Materials shall be new and free from defects.

Field modification, cutting, welding, drilling, or alteration of primary structural members shall not be permitted without written approval from the PEMB engineer and Structural Engineer of Record.

Delivery and Storage

Coordinate fabrication and delivery with the Project construction schedule.

Protect all materials from damage, corrosion, deformation, staining, and deterioration during transportation and storage.

Damaged materials shall be repaired or replaced as directed by the County or Architect at no additional cost to the County.

Erection

Provide complete erection of the PEMB system by qualified personnel experienced with the proposed manufacturer's building system.

The Contractor shall provide all:

• Labor;

• Cranes;

• Lifts;

• Equipment;

• Temporary bracing;

• Rigging;

• Fasteners;

• Welding;

• Bolting;

• Field connections;

• Safety systems; and

• Supervision necessary for complete erection.

Temporary bracing shall remain in place until the permanent structural system is complete and stable.

Quality Control

The Contractor and PEMB manufacturer shall maintain quality-control procedures throughout engineering, fabrication, delivery, and erection.

The County reserves the right to inspect fabrication and erection and to reject materials or workmanship not complying with the Contract Documents.

2.2. PEMB Manufacturer Qualifications

The proposed PEMB manufacturer shall:

1. Have a minimum of ten (10) years documented experience manufacturing comparable pre-engineered metal building systems;

2. Regularly manufacture buildings of comparable size, complexity, wind exposure, and occupancy;

3. Maintain an established engineering department or retain qualified structural engineers experienced in PEMB design;

4. Be capable of providing signed and sealed engineering documents by a Florida-licensed

Professional Engineer;

5. Demonstrate successful experience with high-wind or hurricane-region construction; and

6. Maintain recognized industry quality-control certification appropriate to the work.

The County reserves the right to request documentation demonstrating compliance with these requirements.

2.3. Contractor Qualifications

The Bidder shall be properly licensed to perform the Work in the State of Florida and Escambia County at the time required by applicable law and the Contract Documents.

The Bidder shall demonstrate experience successfully completing comparable PEMB projects.

Upon request, the Bidder shall provide:

• Contractor license information;

• Minimum of three comparable project references;

• Proposed PEMB manufacturer;

• Proposed erection subcontractor;

• Proposed delegated structural engineer;

• Evidence of insurance;

• Bonding capacity; and

• Other information reasonably requested by the County.

2.4. Project Schedule

The successful Contractor shall coordinate its engineering, shop drawings, fabrication, delivery, and erection activities with the overall construction schedule.

Within [10] calendar days following Notice of Award or as otherwise directed, the Contractor shall provide a detailed PEMB schedule identifying, at minimum:

• Engineering commencement;

• Initial shop-drawing submission;

• Review period;

• Resubmittal period;

• Release for fabrication;

• Fabrication duration;

• Anchor-bolt/template delivery;

• Material delivery;

• Erection commencement; and

• Erection completion.

The Bidder shall identify with its Bid the anticipated number of calendar days required from approved shop drawings to delivery of the structural system.

Anticipated PEMB Lead Time: 90 Calendar Days

2.5. Schedule of Values

Within three (3) business days following notification that the Bidder is the apparent lowest responsive and responsible Bidder, the Bidder shall provide a detailed Schedule of Values if requested by the

County.

At minimum, the Schedule of Values shall separately identify:

• PEMB engineering;

• Shop drawings;

• Primary structural steel;

• Secondary structural steel;

• Bracing;

• Connections and fasteners;

• Anchor bolts/templates;

• Coatings and finishes;

• Fabrication;

• Freight/delivery;

• Crane and erection equipment;

• Erection labor;

• Temporary bracing;

• Field welding/bolting;

• Project management;

• Closeout documents; and

• Other significant cost components.

The total Schedule of Values shall equal the submitted Bid Price.

2.6. Coordination Requirement

The successful Bidder is responsible for coordination of the PEMB system with all other portions of the

Work.

Discovery after award that the proposed PEMB system conflicts with architectural dimensions, structural requirements, MEP systems, apparatus-bay doors, exterior finishes, foundations, or other Contract requirements shall not, by itself, constitute entitlement to additional compensation.

The Bidder shall identify known exceptions, exclusions, or deviations prior to Bid through the formal RFI process.

Silence shall constitute the Bidder's representation that its proposed PEMB system can be provided in accordance with the Contract Documents for the submitted Bid Price.

2.7. Warranty

Provide the manufacturer's standard structural warranty and all warranties required by the Technical

Specifications.

The Contractor shall warrant its labor and installation for not less than one (1) year following Substantial

Completion or for the longer period required by the Contract Documents.

Warranty obligations shall include correction of defective materials, fabrication, connections, erection, and workmanship.

2.8. Closeout Documents

Prior to Final Completion, provide:

• Final signed and sealed PEMB drawings;

• Final structural calculations;

• Record drawings reflecting approved field modifications;

• Manufacturer's warranties;

• Contractor warranties;

• Material certifications;

• Inspection documentation;

• Special-inspection documentation assigned to the PEMB Contractor;

• Engineer letters or certifications required by the Building Official;

• Operation and maintenance information where applicable; and

• Other closeout documentation required by the Contract Documents.

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, or by Board letter authorizing a signatory.

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. No changes shall be made to the phraseology of the form or in the items mentioned therein. Any bid which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of the solicitation may be rejected.

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

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

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

Integrity of Documents https://procurement.opengov.com/portal/escambiacountyfl

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.

The Purchasing Department reserves the right to extend the solicitation due date within ten (10) minutes of the bid opening when the required number of bids has not been received. Any extension will be determined by the Purchasing Department and communicated prior to the scheduled bid opening to prospective respondents through OpenGov.

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.

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 https://procurement.opengov.com/portal/escambiacountyfl/projects/322452/document?section=undefined 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

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

Form of Agreement

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

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

Indemnification

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

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

4. 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:

The Cone of Silence shall prohibit any communication regarding a solicitation between prospective respondents, including bidders, proposers, contractors, lobbyists, consultants, or their representatives; and any County Commissioner, County employee, evaluation committee member, or any other individual involved in or able to influence the procurement process, except as expressly permitted herein.

This policy applies to all competitive procurement methods, including, but not limited to, Invitations to Bid (ITB), Requests for Proposals (RFP), Requests for Qualifications (RFQ), and

Invitations to Negotiate (ITN).

The Cone of Silence shall be in effect from the time of public advertisement of a solicitation until occurrence of either of the following:

1. Final action by the Board of County Commissioners; or

2. Cancellation of the solicitation.

During the Cone of Silence period, the following are strictly prohibited:

o Any oral, written, electronic, or other communication regarding the solicitation outside of the authorized process;

o Contact through third parties, intermediaries, or representatives intended to influence the procurement; or o Attempts to obtain non-public information or provide information not made available to all respondents.

The following communications are permitted:

o Written inquiries submitted through the designated procurement platform (e.g., OpenGov) to the assigned Purchasing Representative. All official responses to vendor inquiries shall be issued through formal addenda;

o Communications during any duly noticed pre-bid or pre-solicitation meeting; or o Communications made during any related publicly noticed Board meeting.

Sanctions. Violation of the Cone of Silence may result in one or more of the following sanctions:

o Disqualification of the respondent;

o Rejection of a bid or proposal;

o Termination of negotiations;

o Suspension or debarment, as provided in the Escambia County Code of Ordinances; or o Contract termination, if discovered post-award.

The County reserves the right to investigate any alleged violation and to require disclosure of all communications related to the procurement. Failure to cooperate with such an investigation may result in disqualification or contract termination.

Ignorance of this policy shall not be considered a valid defense.

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…