New_ECAT_Facility_Project_(Infrastructure_Only)__CDBG-DR_HS004_(Addendum__1_Revision).pdf

INVITATION TO BID

PD 25-26.087

NEW ECAT FACILITY PROJECT (INFRASTRUCTURE ONLY), CDBG-

DR HS004

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: September 10, 2026

DEADLINE FOR QUESTIONS: September 24, 2026

RESPONSE DEADLINE: October 12, 2026, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

INVITATION TO BID

New ECAT Facility Project (Infrastructure Only), CDBG-DR HS004

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions

4. CDBG-DR Specific Provisions

5. General Terms & Conditions

6. Construction Terms

7. Standard Insurance Requirements and Certificates

8. Insurance for Construction Contracts-General

9. Insurance for Construction Contracts-Pollution Liability

10. Insurance for Construction Contracts-Installation Floater

11. Evidence/Certificates of Insurance

12. Pricing Table

13. Vendor Submissions

Attachments:

A - Exhibit.FederalContractProvisions.HUD with signature 5.6.26

B - Escambia_County_Section_3_Contract_Clause_CDBG-DR

C - Section-3-project-implementation-plan-template---forms-0-8

D - Escambia_County_Section_3_Business_Application_CDBG-DR

E - HS004_CDBG-DR_ECAT Grant_Redacted

F - Wage Determinations - Building

G - Wage Determinations - Heavy

H - Wage Determinations - Highway

I - Escambia County Technical Specifications_07-01-2020

J - 01 - BP1 - COVERSHEET

Invitation To Bid #PD 25-26.087 Title: New ECAT Facility Project (Infrastructure Only), CDBG-DR HS004

K - 02 - ECAT BP1 Civil_R1

L - 03 - ECAT BP1 L0.01 TREE PROTECTION

M - 04 - ECAT BP1 L0.02 TREE MITIGATION CHART

N - 05 - ECAT BP1 Electrical

O - 06 - ECAT BP1 PROJECT MANUAL_DIV 01_R1

P - 07 - ECAT BP1 Project Manual_Tree Protection

Q - 08 - ECAT BP1 Project Manual_Electrical

1. Introduction

1.1. Summary

The Escambia County Board of County Commissioners is seeking a licensed Underground or Utility

Contractor (UC) to install all critical infrastructure in preparation of the New ECAT Facility that will support an Administration Building, Bus Wash, Fuel Depot, and Maintenance Building along Clarinda

Lane, between Pace Boulevard and Palafox Street in Pensacola, Florida.

1.2. Background

The Escambia County Area Transit (ECAT) service area consists of Escambia County, City of Pensacola, and a few stops in the City of Gulf Breeze. During the lifespan of the existing ECAT facility, it has suffered flooding damage during every declared emergency event that involved significant rainfall, with the latest flooding occurring on September 16, 2020, when Hurricane Sally made landfall in the Florida Panhandle, near Pensacola, leaving a significant amount of damage in its wake. Hurricane Sally brought heavy rainfall and flooding, causing damage to housing, businesses, and infrastructure in our entire ECAT service area. The high velocity winds, wind-blown debris, and wind driven rain of Hurricane Sally damaged the ECAT buildings including the Administration Building, Bus Wash, Fuel Depot, and Satellite

Service Building.

Escambia County requested funding through Rebuild Florida for a new state-of-the-art, energy-efficient and resilient facility for transit operations that will include fixed route and disadvantaged paratransit services. By relocating the facility and operations out of its current flood zone, the new building will be designed to have a designated area of refuge in the event the facility is occupied during an emergency.

This project will also mitigate flooding in the area by adding a regional stormwater pond and transportation services to assist in evacuations as needed. In 2024, Escambia County received

Community Development Block Grant- Disaster Recovery (CDBG-DR) funding through the U.S.

Department of Housing and Urban Development (HUD).

On September 16, 2020, Hurricane Sally (DR-4564) swept over the Florida panhandle as a Category 2 hurricane, bringing heavy rainfall and flooding. The impacts of Hurricane Sally further demonstrated the need for an effective, comprehensive long-term recovery plan that would address and meet the remaining needs of Floridians following this catastrophic event. In the wake of this natural disaster, Florida came together to recover and rebuild, but significant unmet needs remain. Recognizing this, under FR Vol. 77 No. 23 published February 3, 2022, Congress appropriated and the U.S. Department of

Housing and Urban Development (HUD) allocated a total of $113 million in funding to support long-term recovery efforts following Hurricane Sally through the Florida Department of Commerce (Commerce)

Community Development Block Grant Disaster Recovery (CDBG-DR) Program.

1.3. Contact Information

Travis Simmons

Purchasing Grant Coordinator

Pensacola, FL 32502

Email: rtsimmons@myescambia.com

Phone: (850) 595-4918

Department:

Purchasing

1.4. Timeline

Release Project Date September 10, 2026

Pre-Bid Meeting (Non-Mandatory) September 17, 2026, 10:30am

Office of Purchasing

213 Palafox Place, 2nd Floor

Join us on Teams:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/240966135745

233?p=q6fMZJWd7fQ6XqeVwt

Meeting ID: 240 966 135 745 233

Passcode: 625Xn9aT

Need help? | System reference

Dial in by phone

+1 863-333-5817,,551128100# United States, Lakeland

Find a local number

Phone conference ID: 551 128 100#

Question Submission Deadline September 24, 2026, 12:00pm mailto:rtsimmons@myescambia.com tel:(850)595-4918 https://teams.microsoft.com/meet/240966135745233?p=q6fMZJWd7fQ6XqeVwt https://teams.microsoft.com/meet/240966135745233?p=q6fMZJWd7fQ6XqeVwt

Bid Opening October 12, 2026, 11:00am

Office of Purchasing

213 Palafox Place, 2nd Floor

Join us on Teams:

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/285697330938

483?p=5oYuLFGjmRkz5FTqcq

Meeting ID: 285 697 330 938 483

Passcode: Nv6NV6q6

Need help? | System reference

Dial in by phone

+1 863-333-5817,,82653381# United States, Lakeland

Find a local number

Phone conference ID: 826 533 81#

2. Scope of Work

2.1. Scope of Work

Escambia County Board of County Commissioners (County), in conjunction with Escambia County Area

Transit (ECAT), is soliciting bids from qualified, licensed, Florida General Contractors (GC) or

Underground Utility and Excavation Contractors (CUC/UC) to complete infrastructure improvements required for the new ECAT Facility to be located along Clarinda Lane, between Pace Boulevard and

Palafox Street, in Pensacola, Florida.

To ensure completion of the new ECAT Facility within the required project timeline, the project must be completed with an accelerated construction schedule; and in two (2) phases.

• Phase I - Infrastructure (Utility and Stormwater)

• Phase II - Building Construction

Work to be completed under Phase I includes, but not limited to, furnishing of all labor, materials, equipment, supervision, permits, transportation, and incidentals necessary to complete the project in accordance with the Contract Documents. Construction during this phase consists of, but is not limited to:

• Installation of Silt Fence and Hay Bales, including appropriate replacement throughout this phase.

https://teams.microsoft.com/meet/285697330938483?p=5oYuLFGjmRkz5FTqcq https://teams.microsoft.com/meet/285697330938483?p=5oYuLFGjmRkz5FTqcq

• Selective clearing and grubbing.

• Installation of sanitary sewer, potable water, reclaimed water (if applicable), natural gas, electrical, communications, and other underground utilities.

• Construction of stormwater management facilities, including retention ponds, drainage structures, storm sewer piping, inlets, and associated conveyance systems.

• Construction of temporary paved roadways and parking lots. Contractor shall provide stabilized subgrade and base materials or all areas that will receive permanent concrete or permanent asphalt. All base materials must be preapproved by the County prior to installation.

• Contractor shall install temporary stabilization for all disturbed areas. All final grading, stabilization, and landscaping shall be completed at a later date.

Work to be completed during Phase II will not be discussed during this advertisement.

2.2. Owner Direct Purchasing (ODP) Notification

The County intends to utilize ODP for materials to be installed by the contractor. Materials expected to be purchased under this contract to include, but not limited to, clean fill material (dirt), stormwater structures, concrete pipe, and polyvinyl chloride (PVC) pipe.

The following steps are minimum requirements and may be enhanced based on individual project circumstances:

1. Material suppliers must be selected by the contractor using competitive bidding/proposals.

Supply contracts must be awarded by the contractor to the supplier whose bid/proposal is most advantageous to the County, price and other aspects considered.

2. The contractor must include the price for all construction materials/equipment in lump sum price in his bid. The Contractor’s bid must also include all Florida State sales and other taxes normally applicable to such material and equipment. The County may consider purchasing any item but does not expect to issue purchase orders for less than $15,000.00. The purchase of selected construction materials must be administered on a deductive change order basis.

3. The contractor must provide the County a list of all intended suppliers for consideration as ODP.

This list must be submitted at the same time as the preliminary schedule of values and the project’s Critical Path Method (CPM) schedule. Along with the list, the contractor must include the price quotes from the suppliers, including any terms and conditions negotiated with the suppliers. The contractor must also supply the County with a description of materials/equipment to be supplied along with the quantities and prices. The contractor is responsible for selecting the supplier, specifications, material receipt, inspecting shipments, and ensuring that the material or service paid for by the County is appropriate for the construction.

The contractor retains all responsibility for an acceptable finished project.

4. The contractor must be responsible for maintaining the project schedule and the execution of the terms and conditions of the ODP purchase order, including expediting the suppliers' delivery schedules.

5. The purchase order form used for ODP(s) must be a County issued purchase order. The purchase order package must include the County's Certificate of Entitlement (OF0195), as an attachment per Rule 12A-1.094, Florida Administrative Code.

6. The contract must require the County to retain legal title to all ODP from the time ownership title changes from the seller to the buyer until it is incorporated into the project or consumed in completion of the project.

7. The County must remit payment directly to the suppliers of the ODP.

8. The County must provide insurance to cover all risk of loss or damage to the ODP.

9. The Contract Administrator must provide to the County Risk Manager the following information required to procure the necessary Builders Risk Insurance Coverage for the project:

A. Type of project (ultimate occupancy).

B. Term of the project (e.g.: 20 months, 3 weeks)

C. Construction Type II per Florida Building Code (e.g.: Concrete Masonry Exterior, Steel

Structure).

D. Protection (sprinklers, wind mitigation, etc.)

E. Construction timeline

F. Complete listing of related projects with values

G. Determination that $10 – 15M limit covers all exposure

10. The contractor must be responsible for receipt and inspection of goods received and accompanying shipping documents under the ODP process, insuring they conform to specifications.

11. The contractor must notify the County of any goods received that are damaged or not in compliance with the specifications and facilitate a timely replacement.

12. The suppliers must directly invoice the County for the ODP, but the contractor must be responsible for approving receiving reports for goods that were received in accordance with the specifications and forwarding them to the Clerk of the Court/Accounts Payable to be processed for payment. The County must pay the ODP suppliers directly.

13. The contractor must maintain records of all ODP received and incorporated into the work and provide the County with a monthly accounting.

14. The contractor must be responsible for obtaining and managing all warranties and guarantees for all materials and products specified in the contract documents.

2.3. Contractor Requirements

1. The successful Contractor shall possess a current and valid Florida General Contractor (CGC) license or Underground Utility and Excavation Contractor (CUC) license, as applicable to the

Work.

2. Prior to commencing construction, the Contractor shall submit digital photographs and/or video documenting existing site conditions. The documentation shall establish baseline conditions for all areas that may be affected by construction activities.

3. The Contractor shall furnish, install, and maintain a Job Board at a location approved by the

County. The Job Board shall display all project documentation required by the Contract

Documents throughout the duration of the project.

4. The Contractor shall furnish all labor, materials, equipment, permits, supervision, and incidentals necessary to complete the Work.

5. All work must be completed in accordance with the project specifications, Escambia County

Technical Specifications, and the Florida Green Book. In the event a conflict arises between these documents, the most stringent shall apply.

6. The Contractor shall be responsible for the performance of all subcontractors. All subcontractors shall comply with the requirements of the Contract Documents. Not less than fourteen (14) calendar days prior to any subcontractor commencing work, the Contractor shall provide the County with fully executed subcontract agreements.

7. The Contractor shall be responsible for maintaining a clean and orderly project site and shall properly dispose of all construction debris and waste in accordance with applicable federal, state, and local regulations.

8. All requests for changes to the Work shall be submitted in writing and approved by the County prior to commencement of the changed work. No additional work shall proceed without written authorization from the County.

9. If the successful bidder is an Underground Utility and Excavation Contractor (CUC), the

Contractor shall coordinate all activities with the County. The Contractor shall sequence its work to maximize production and shall comply with all scheduling and access requirements established by the County.

10. The Contractor acknowledges that the project is intentionally phased to meet the County's required completion schedule. All costs associated with mobilization, coordination with other contractors, scheduling, supervision, and maintaining continuity of the Work shall be included in the Contractor's bid. No additional compensation will be provided for these activities unless specifically authorized by a written Change Order.

11. If awarded, the selected contractor will be required to submit a Schedule of Values (SOV) within

3 days.

12. Davis-Beacon will apply to this contract so the contractor, and all subcontractors will be required to will be required to apply.

2.4. Schedule of Values Requirements (Award Condition)

The apparent lowest responsive and responsible bidder shall submit a detailed Schedule of Values (SOV) for the project within three (3) business days following the bid opening. The Schedule of Values shall provide a complete itemized breakdown of the bidder's submitted bid and shall be in sufficient detail to support the proposed pricing and facilitate review by the Florida Department of Commerce (FDOC).

FDOC will review the submitted Schedule of Values to determine its acceptability. If FDOC requests additional information, clarification, or a more detailed breakdown, the bidder shall promptly provide the requested information within the timeframe specified by FDOC or the County.

No contract award shall be made until FDOC has completed its review of the Schedule of Values and has provided written approval authorizing the County to proceed with the award. The County reserves the right to reject a bid if the apparent lowest responsive and responsible bidder fails to timely submit an acceptable Schedule of Values or otherwise fails to satisfy FDOC's review requirements.

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 via email through the e-procurement portal hosted by OpenGov, Attention: Travis Simmons, Purchasing Grant Coordinator, rtsimmons@myescambia.com.

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

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.

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.

https://procurement.opengov.com/portal/escambiacountyfl/projects/268173/document?section=undefined

• 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), principally based on price. 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. CDBG-DR Specific Provisions

MBE/WBE affirmative steps

Per 200.321(b)(6), contractors under a federal award are required to apply considerations under 2 CFR

200.321(b) to any subcontracts:

When possible, the contractor or subcontractor should ensure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered.

Suspension & Debarment Requirements

Per 24 CFR 570.609, contractors under a federal award are required to comply with applicable

Suspension and Debarment requirements:

Contractors must ensure that they, their principals, and any subcontractors are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federally funded transactions by any federal department or agency.

Compliance with this requirement includes:

(1) Verifying the eligibility status of the contractor and its principals prior to contract award;

(2) Checking the System for Award Management (SAM) or other applicable federal databases to confirm that no parties are excluded from participation;

(3) Including a requirement in all subcontracts that subcontractors certify compliance with Suspension and Debarment requirements;

(4) Monitoring subcontractor compliance with these requirements throughout the term of the contract;

and

(5) Taking appropriate action, up to and including termination, if a contractor or subcontractor is found to be in violation of these requirements.

Procurement of Recovered Materials

Per 2 CFR 200.323, the contractor shall comply with all applicable requirements for the procurement and use of recovered materials in federally funded projects. Contractors are required to ensure that, to the greatest extent practicable, materials and products purchased under this contract contain recovered or recycled content, as designated by the U.S. Environmental Protection Agency Comprehensive

Procurement Guidelines (CPG).

Compliance with this requirement includes:

(1) Procuring only items designated in the EPA CPG that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of such items acquired during the preceding fiscal year exceeded $10,000;

(2) Implementing affirmative procurement programs that promote the purchase of recovered materials;

(3) Ensuring that all applicable contracts and subcontracts include provisions requiring suppliers to comply with these recovered materials requirements;

(4) Maintaining records documenting the quantity and type of recovered materials purchased and used;

and

(5) Complying with all other applicable requirements of Resource Conservation and Recovery Act

Section 6002 and related regulations.

Failure to comply with these requirements may result in appropriate enforcement actions, consistent with federal, state, and local procurement policies.

Domestic Preference Requirements

Per 2 CFR 200.322, the contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States for all federally funded contracts. This requirement applies to all contractors and subcontractors performing work or supplying materials under this agreement.

Compliance with this requirement includes:

(1) Ensuring that all iron, steel, manufactured products, and construction materials used in the project are produced in the United States, to the greatest extent practicable;

(2) Incorporating domestic preference requirements into all applicable solicitations, contracts, and subcontracts;

(3) Requiring contractors and subcontractors to certify the origin of materials and products supplied under the contract upon request;

(4) Maintaining appropriate documentation demonstrating compliance with domestic preference requirements; and

(5) Evaluating and documenting any use of foreign-sourced materials when domestic alternatives are not reasonably available, are of unsatisfactory quality, or would increase the cost of the overall project in a manner inconsistent with sound procurement practices.

Endangered Species

• Eastern Indigo Snakes o Use updated 2024 Standard Protection Measures for Eastern Indigo Snakes to support a

May Affect, Not Likely to Adversely Affect determination for this species.

• Tricolored Bats (Perimyotis subflavus)- This species is proposed to be listed as Endangered.

There is a high likelihood of this species occurring within the project area year-round. Tricolored bats (TCB) have been documented using culverts and bridges as winter roosts and this project also requires tree clearing activities. Consultting on a proposed species is at the descretion of the Action Agency, if the Action Agency opts not to consult on this species at this time, consultation will need to be reinitiated once the final rule goes into effect. If you would like to consult on this species at this time, I make the following recommendations to facilitate an affect analysis:

o Commit to surveying the culverts and bridge according the survey protocols approved by the

Service which can be found here:

https://www.fws.gov/sites/default/files/documents/USFWS_Range-wide_IBat_%26_NLEB_Survey_Guidelines_2023.pdf

▪ This survey protocol isn't specific to tricolored bats, but there is a lot of overlap and the document has this note "These protocols may also be used for tricolored bat (Perimyotis subflavus; TCB) presence/probable absence surveys using the NLEB level of effort (LOE) for the 2023 field season. The only differences are our definition of suitable summer habitat for tricolored bats (Appendix A), radio-tracking of TCB should prioritize identification of the immediate roosting area of the transmittered bat given the difficulty in locating the bats exact roosting location (Appendix D), emergence surveys for TCB is not a viable option given the variability in roosting locations (Appendix E), use of a 3-mile conservation buffer around TCB capture/detections and 1.5-mile buffer around TCB roost trees/areas for applying the Outer-tier Guidance (Appendix G), and internal surveys of potentially suitable hibernacula may be completed for TCB (Appendix

H).

o Commit to time of year restrictions on tree clearing to reduce impacts to TCBs during the non-volant pup season (May 1-July 15) o Commit to no tree clearing will occur when day-time high temperatures are below 45 degrees https://urldefense.com/v3/__https:/www.fws.gov/sites/default/files/documents/USFWS_Range-wide_IBat_*26_NLEB_Survey_Guidelines_2023.pdf__;JQ!!HBkrTJ0WuSgwNeGG-g!edrsBB2i22BA0Lq1yRESNnugy1MvX2Hfcs68-WHQEgpEG-H7nUqttXulKipuO-RyByQiu8xGlBdwEM1_3pxTDIN1novI$ https://urldefense.com/v3/__https:/www.fws.gov/sites/default/files/documents/USFWS_Range-wide_IBat_*26_NLEB_Survey_Guidelines_2023.pdf__;JQ!!HBkrTJ0WuSgwNeGG-g!edrsBB2i22BA0Lq1yRESNnugy1MvX2Hfcs68-WHQEgpEG-H7nUqttXulKipuO-RyByQiu8xGlBdwEM1_3pxTDIN1novI$

Failure to comply with these requirements may result in appropriate enforcement actions in accordance with applicable federal, state, and local regulations.

Build America Buy America

Pursuant to 2 CFR part 184.8, Build America, Buy America Act (BABA) preference does not apply to

CDBG-DR, CDBG-NDR, or CDBG-MIT grants.

Inadvertent discoveries of a historic nature: Escambia County shall contact the Choctaw Nation of

Oklahoma, Muscogee Nation, and Florida Department of State, Division of Historical Resources, Compliance Review Section at (850) 245-6333 if any inadvertent discoveries are made or prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area; the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. Project activities shall not resume without verbal and/or written authorization from all parties. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

Addressing unanticipated environmental issues: Should a potential environmental issue arise during the grant period, it must be appropriately handled, with documentation placed in the ERR and provided to Florida Commerce upon resolution of the issue.

5. 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,…