Perdido_Landfill_2025_Gas_Collection_&_Control_System_Expansion.pdf

INVITATION TO BID

PD 25-26.004

PERDIDO LANDFILL 2025 GAS COLLECTION & CONTROL SYSTEM

EXPANSION

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: October 14, 2025

DEADLINE FOR QUESTIONS: November 3, 2025

RESPONSE DEADLINE: November 14, 2025, 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

Perdido Landfill 2025 Gas Collection & Control System Expansion

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions- No Terms

4. General Terms & Conditions

5. Construction Insert

6. Standard Insurance Requirements and Certificates

7. Insurance for Construction Contracts-General

8. Insurance for Construction Contracts-Pollution Liability

9. Evidence/Certificates of Insurance

10. Pricing Table

11. Vendor Submissions

Attachments:

A - Escambia 2025 GCCS Expansion Technical Specifications_SS 9-26-2025

B - Escambia 2025 GCCS Expansion Drawings_SS 9-26-2025

Invitation To Bid #PD 25-26.004 Title: Perdido Landfill 2025 Gas Collection & Control System Expansion

1. Introduction

1.1. Summary

The Escambia County Waste Services Department located at 13009 Beulah Road, Cantonment, FL 32533 is looking for a qualified contractor to complete a landfill gas expansion project. Project includes; survey work & system layout; installation of below grade Polyvinyl chloride (PVC) and High-Density

Polyethylene (HDPE) gas, air, condensation lines, and drilling extraction wells; excavation and preservation of existing infrastructure; abandonment of identified existing facilities if needed;

connection of new facilities to existing facilities. Contractor responsibilities consists of, furnishing all labor, materials, equipment, tools, transportation, services, incidentals, and performing all work necessary to complete the project, in place and ready for service in accordance with the Plans and

Specifications prepared therefore and entitled “Escambia 2025 GCCS Expansion Drawings_SS 9-26-2025

- Plans” & "Escambia 2025 GCCS Expansion Technical Specifications_SS 9-26-2025 - Technical

Specifications" (These will be included as attachments)

1.2. Background

The Escambia County Perdido Landfill currently utilizes a landfill gas collection and control system.

Escambia County Waste Services Department maintains this system on a daily basis. This system captures the gas produced from within the landfill preventing its release into the atmosphere and minimizing odors. The landfill gas collection & control system is a compilation of extraction wells, sumps, air lines, condensate dewatering lines, gas collection lines, and system valves, a flare, and an energy recovery system.

1.3. Contact Information

Travis Simmons

Purchasing Specialist

213 Palafox Place

Pensacola, FL 32502-5822

Email: rtsimmons@myescambia.com

Phone: (850) 595-4918

Department:

Purchasing

1.4. Timeline

Release Project Date October 14, 2025 mailto:rtsimmons@myescambia.com tel:(850)595-4918

Pre-Bid Meeting (Non-Mandatory) October 21, 2025, 1:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI

1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?co ntext=%7b%22Tid%22%3a%222c937adb-d946-

4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

6-f7b8-4755-a254-bfa07774eb30%22%7d

Meeting ID: 269 788 062 841 2

Passcode: mD76XZ9F

Question Submission Deadline November 3, 2025, 12:00pm

Bid Opening November 14, 2025, 10:00am https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLT lhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?cont ext=%7b%22Tid%22%3a%222c937adb-d946-4b31-

90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

6-f7b8-4755-a254-bfa07774eb30%22%7d

Meeting ID: 239 621 743 525 2

Passcode: PC2V2JV6

2. Scope of Work

2.1. 1.01 Project Description

**NOTE** The detailed technical specifications for this project will be attached. The scope posted here is a brief overview of the entire project. Please see Technical Specifications. "Perdido Landfill

2024 GCCS Expansion - Technical Specifications"

A. The project work to be performed by the Contractor consists of furnishing all labor, materials, equipment, tools, transportation, services, incidentals, and performing all work necessary to complete the project, in place and ready for service in accordance with the Plans and Specifications prepared therefore and entitled “2025 Landfill Gas Collection and Control System Expansion”. The work generally includes but is not limited to the following items:

• Construction staking/system layout/surveying prior to construction.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWZlYmI0YzQtOTE1Mi00MDI1LTlkZGUtNjJlODQ5YmVkMjdm%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLTlhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLTlhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLTlhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLTlhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLTlhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLTlhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWFjYmYxZTItYzViOS00ZGJiLTlhYzMtYmQyOWI2YThjNWEw%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d

• Installing below grade high-density polyethylene (HDPE) LFG laterals and header, air supply line, and dewatering discharge line. Header appurtenances also to be installed include, but are not limited to, blind flanges, and condensate sumps.

• Installing dual dewatering discharge line cleanouts.

• Supplying gas wellheads, including fittings, valves, tubing, hoses, clamps, regulators and filters, and related appurtenances.

• Installing condensate sump and pump.

• Existing Dewatering discharge and leachate cleanout tie-in, including excavating, backfill, placement of pipe, wellheads, fittings and related appurtenances.

• Repairing access roads in areas impacted by construction activities.

• Grading, seeding & sodding, and restoring site conditions (if applicable).

• Connection of the GCCS Expansion to the existing GCCS.

• System start-up and testing.

• Conformance surveying

• Providing as-built documentation (record drawings).

2.2. 1.02 Work Sequence

Construction work is to be sequenced to accommodate work with any other contractors on site or

County forces. Work shall be sequenced so that no existing vertical extraction wells, or sections of the

GCCS, are taken offline for an extended period of time at any time during the Work. Contractor is to install new sections of GCCS prior to disconnecting those limited sections indicated in the Contract

Drawings for removal.

2.3. 1.03 Contractor Use of Premises

A. Limit use of premises for work, storage, and access to allow work by other contractors, owner occupancy, and normal landfill operations.

B. Workdays: As detailed in the County specifications, allowable work times shall be Monday through Friday from 7:00 a.m. to 5:00 p.m. and Saturdays 7 a.m. to 3 p.m., excluding Sundays and County observed Holidays. Contractor shall request in writing to the County 48 hours’ notice prior to Sunday or County observed Holiday work.

C. Access: No later than 10 days after notice to proceed, the Contractor shall arrange with the

County a sequence of procedures, means of access, space for storage of materials and equipment, and use of approaches and roadways.

Contractor’s use of the premises shall be confined to the areas approved by the

County.

D. Smoking: Smoking is prohibited at the Perdido Landfill.

E. Contractor shall not dispose any refuse on site without approval of the County and in accordance with Section 02 41 16, Refuse Handling, Storage, and Disposal.

F. Contractor shall coordinate with the County for available area to locate

Contractor’s trailer. Non-potable water, septic tank, and electrical services are already available. If using the electrical service, the Contractor is responsible for coordinating with the electric company for any connections and pay for electrical services at no additional cost to the County.

2.4. 1.04 County Occupancy & Landfill Operations

The Contractor shall cooperate with the County during construction operations to minimize conflicts with County work and facilitate County usage. The Contractor shall perform the work so as not to interfere with the County’s operations, maintenance, environmental monitoring, and other County activities at the site.

2.5. 1.05 Site Conditions

A. Existing Grades: The existing grades may vary from those indicated on the Plans due to landfill settlement and ongoing filling operations.

B. Existing Features: The Contract Documents require the Contractor to field verify the location of existing features. Existing features include but may not be limited to the following: stormwater drainage structures and underground pipes, stormwater terraces and swales, leachate collection system cleanouts, sumps, pump stations, electrical panels, force main, utilities, roads, guardrails, drainage culverts, monitoring wells and piezometers, fences, and buildings.

C. The Contractor shall enforce safety procedures to minimize hazards to workers, the public, and the environment.

2.6. 1.06 Errors and/or Omissions in Plans and Specifications

The intent of the Specifications is to outline or indicate the items of work, or both, which cannot be readily shown on the Drawings and, further to indicate the types and qualities of materials. Drawings and specifications shall be considered as being complimentary and items or work mentioned or indicated in one and not in the other shall be included as if mentioned in both. Should Drawings disagree in themselves or with the Specifications the better quality or greater quantity of work or materials shall be estimated upon, and shall be provided.

2.7. Project Item list

001 – Mobilization/Demobilization

002 – Project Survey

003 – 36-inch Diameter Bore with 8-inch Diameter HDPE SDR 11 Casing

004 – Drilling Rig Platform

005 – Boring Refusal

006 – 24-inch HDPE SDR 17 Condensate Sump with Pump Installation

007 – 18-inch HDPE SDR 17 Condensate Sump with Pump Installation

008 – 18-inch Header Blind Flange

009 – 8-inch HDPE SDR 17 Landfill Gas Lateral Pipe

010 – 6-inch HDPE SDR 17 Landfill Gas Lateral Pipe

011 – 3-inch HDPE SDR 11 Dewatering Discharge Line in Common Trench

012 – 2-inch HDPE SDR 9 Air Supply Line in Common Trench

013 – Dual 3-inch Liquid Conveyance Line Cleanout

014 – Tie-in to Existing System

015 – Leachate Riser Tie-in

016 – LFG Wellheads

017 – Sodding

2.8. Additional Information

• If for any reason items are cut off in the pricing table please refer to the technical specifications document as there is a duplicate table there you can review.

• No contractor licensing is required for completion of this work

• Contractor will need to include the cost of providing clean soil for pipe and well backfilling.

• Survey risers/markers may be used.

• Trench depth is anticipated to be approximately 3 feet

• Any excavated waste will not need to be weighed as it will not be removed from Perdido

Landfill.

• Third party geotechnical testing is not necessary for stone or sand needed for the project.

Quarry reports will be acceptable. 2.01 NON-CALCAREOUS STONE A. Stone backfill for vertical gas extraction wells horizontal collectors and vertical components of horizontal collectors shall be hard, durable non-calcareous rock. Stone shall be free of organics, lumps or balls of clay, and other deleterious materials. Stone shall be FDOT No. 4 and conform to the following gradation requirements: Sieve Size % Passing (by Weight) 2-inch 100 1½-inch 90 1-inch 35 3/4-inch 5 3/8-inch 0

• As this is an invitation-to-bid, and award will be based upon lowest, most responsive, and responsible bid, the Engineers Estimate is not available at this time.

• Contractor will be required to submit sunbiz registration

3. Solicitation Terms and Conditions- No Terms

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 SimmonsPurchasing Specialistrtsimmons@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 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.

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

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.

https://procurement.opengov.com/portal/escambiacountyfl/projects/206328/document?section=undefined

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.

• 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 Solicitation Terms and Conditions provided in Section III above and the specifications referenced within the solicitation which vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and supplemental Solicitation 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 Manager.

Definitions.

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

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

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

5. Additional Terms and Conditions: No additional terms and conditions included with the offer will be considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. It is understood and agreed that the General and Supplemental Terms and Conditions in this solicitation are the only terms and conditions applicable to this solicitation, and the contractor’s authorized signature affixed to the offer attests to this.

6.Mistakes: Contractors are expected to examine the specifications, delivery schedule, solicitation prices, extensions, and all instructions pertaining to supplies and services described in the solicitation.

Failure to do so will be at contractor’s risk. In the event of an error in the extension of the unit price, the unit price will govern.

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

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

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

22. Protests: Any actual bidder/proposer who is aggrieved in connection with a pending award may submit a protest in writing to the Purchasing Director within two business days after the posting of the award recommendation as provided in Sec. 46-101, Escambia County Code of Ordinances.

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

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

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

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

26. Improper Invoice; Resolution of Disputes: Improper invoices for construction services and non-construction services will be processed in accordance with Sections 218.735(2)-(5) and 218.736(1), Florida Statutes, respectively. In the event a dispute occurs between a contractor and the County concerning payment of an original invoice, such dispute shall be finally determined by the County pursuant to the County’s Dispute Resolution Procedure established in accordance with Section

218.76(2), Florida Statutes.

27. Conflict of Interest: The offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The offeror further represents that no person having any such interest shall be employed by it during the agreement term and any extensions. The offeror shall promptly notify the

Purchasing Director, in writing, of any potential conflict of interest which may influence or appear to influence the contractor’s judgment or quality of services.

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

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

County Code of Ethics Policy. Contractors are required to promptly disclose to the Purchasing Director any gifts or gratuities offered to or solicited by any County employee or public officer. The right of the

Contractor to proceed may be terminated by the County if, after notice and hearing, the Purchasing

Director determines that the Contractor, its agent, or another representative offered or gave a gratuity, including, but not limited to, money, services, travel, entertainment, or gifts to an officer, official, or employee of the County under circumstances where it may be reasonably inferred that the action of the

Contractor was intended to obtain a contract or favorable treatment under a contract. If the resulting contract is terminated under this clause, the County will be entitled to pursue the all available legal remedies, including an action for breach of contract. The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

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

Purchasing identifying the applicable restrictions or regulation(s) that necessitate the alteration. The

County reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County.

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

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

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

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

Illegal Immigration Reform and Immigrant Responsibility Act, as amended, (8 U.S.C.A. §1324a).

33. Patents and Royalties: In addition to any other indemnification obligation, the contractor shall hold harmless, indemnify and defend the County and its officers, agents, and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the offeror. The contractor has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the County’s alteration of the article. The County will provide prompt written notification of a claim of copyright or patent infringement and will afford the contractor full opportunity to defend the action and control the defense.

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

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

Contractor waives any claim of confidentiality upon submission of its offer. Records that are exempt or exempt and confidential will not be disclosed to any third-party except as authorized by law. Pursuant to

Section 119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

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

36. Florida Preference: Pursuant to Section 287.084, Florida Statutes, and Sec. 46-105, Escambia County

Code of Ordinances, when the lowest most responsible and most responsive offer is by an offeror whose place of business is in a state which grants a preference for the purchase of personal property to a person whose place of business is in such state then the preference may be given to the lowest most responsible and most responsive offeror having a place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest most responsible and most responsive offeror has his place of business. However, this section shall not apply to projects for which federal aid funds are available. This section may be waived by the Board of County

Commissioners. All solicitations shall require any offeror whose place of business is outside the State of Florida to accompany any written bid/proposal form with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its business entities whose places of business are in that foreign state in the letting of any or all public contracts. The failure of any such offeror to accompany its bid/proposal forms with such a written opinion may result in the rejection of the offer submitted by such offeror.

37. Contractor Personnel: The County shall, throughout the term of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the contractor. If the County reasonably rejects staff or subcontractors, the contractor shall provide replacement staff or subcontractors satisfactory to the County in a timely manner and at no additional cost to the County.

The day-to-day supervision and control of the contractor’s employees and subcontractors is the sole responsibility of the contractor. Contractors who are suspended or debarred are prohibited from subcontracting.

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

Information as provided may be verified through the State of Florida.

39. Scrutinized Companies: Pursuant to Section 287.135, Florida Statutes, a company is ineligible to bid on submit a proposal for, or enter into or renew a contract for goods or services of any amount if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, or is engage in a boycott of Israel or bid on submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more if on the Scrutinized Companies with activities in Sudan

List or the Scrutinized Companies with activities in the Iran Petroleum Energy…