Professional_Architectural_Services_-_2nd_Posting.pdf

RFQ

PD 25-26.002-1

PROFESSIONAL ARCHITECTURAL SERVICES - 2ND POSTING

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: December 16, 2025

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: December 10, 2028, 8:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

RFQ

Professional Architectural Services - 2nd Posting

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions 3+1+1

4. General Terms and Conditions

5. Standard Insurance Requirements and Certificates

6. Professional Errors and Omissions

7. Evidence/Certificates of Insurance

8. Evaluation Criteria & Process

9. Vendor Submissions

Attachments:

A - Escambia_County_Section_3_Contract_Clause_CDBG-DR

B - Federal_Contract_Provisions_(CDBG-

DR)_Escambia_County_Section_3_Contract_Clause

C - Exhibit.FederalContractProvisions

D - Section-3-HUD-Compliance-Review-Checklist

E - HUD_-_DOL_DB_Wage_Determinations

F - HUD_-_Davis_Bacon_4812-_contractors_guide

G - Exhibit.FederalCompliance_FEMA

RFQ #PD 25-26.002-1

Title: Professional Architectural Services - 2nd Posting

1. Introduction

1.1. Summary

FIRMS THAT HAVE ALREADY QUALIFIED AND RECEIVED AN AGREEMENT - DO NOT APPLY TO THIS

SOLICITATION.

In accordance with Florida Statute 287.055, the Escambia County Board of County Commissioners

(County) invites statements of qualifications from licensed firms to provide Professional Architectural

Services for County projects requiring expedited delivery. The County anticipates awarding Continuing

Services Agreements to multiple qualified firms. Services will be assigned on an as-needed basis and coordinated primarily through the County’s Design and Construction Administration Team or Facilities

Management Department. Other County departments or divisions may also utilize these contracts during the agreement term. Certain task orders issued under the Continuing Services Contracts may be subject to applicable federal requirements.

All services performed under this agreement must be provided by professionals duly licensed to practice in the State of Florida and must be in strict compliance with the Consultants’ Competitive Negotiation

Act (CCNA), Florida Statutes 287.055. Consultants shall remain fully knowledgeable of statutory limitations and thresholds under the CCNA and shall ensure continuous compliance throughout the term of the contract. All firms selected to provide Professional Architectural Services for the County shall be required to submit an annual statement of qualifications, performance data, current hourly rate schedules, and proof of insurance coverage.

The agreement will be awarded on a continuing basis to multiple qualified consultants and bids will be obtained from holders of the agreement for projects funded by the Escambia County BOCC (Board).

Contractors selected by the Board will provide design services on an as needed basis, based upon Task

Orders to be issued by the County under the continuing services contract(s). Compensation to the consultants for services rendered in connection with each Task Order shall be based on individual bids for the actual work to be performed on the Task Order.

This Request for Qualifications is continuous, and vendors may submit their qualifications for review past the initial submittal deadline. New deadlines will be posted periodically to allow the County to gather new submittals.

1.2. Background

Solicitation will remain open until December 10, 2028. Initial abbreviated selection will occur 30 days from advertising date per CCNA statute.

1.3. Contact Information

David Miller

Purchasing Manager

213 Palafox Pl

2nd Floor

Pensacola, FL 32502-5829

Email: dwmiller@myescambia.com

Phone: (850) 595-4943

Department:

Purchasing

1.4. Timeline

Release Project Date December 16, 2025

Submission Deadline December 10, 2028, 8:00am

2. Scope of Work

2.1. Objective

This contract is intended to provide a time-efficient means for in-house designers and construction managers to supplement staff capacity in areas lacking specific expertise or where workloads prevent timely completion of budgeted projects. Under this contract, the County will be allowed to solicit proposals directly from the Consultant for Competitive Bids for every project or task. The County expressly reserves the right, at any time, to solicit separate competitive proposals for any project or task, regardless of fee amount or construction value. Selection as a Consultant under this contract does not guarantee regular engagement, a minimum volume of work, or a guaranteed level of compensation.

Assignments will be made at the County’s discretion, considering factors such as the Consultant’s current workload, availability, specialized expertise, and record of prior performance.

It is the County’s objective to engage multiple firms under contract to ensure sufficient resources are available to meet projected service demands. The initial contract term shall be approximately three (3) years ending on December 11, 2028, with the option for two (2) additional one-year renewals.

2.2. Scope

The Scope of Services shall consist of the provision of comprehensive architectural support relating to building systems and shall include, but not be limited to, the full range of professional services customarily associated with the planning, programming, design, and construction of facilities. Such services are to be performed in a manner that ensures alignment with, and advancement of, the County’s stated mission, objectives, and operational requirements. All work shall be carried out in strict compliance with applicable laws, codes, regulations, and professional standards governing architectural practice within the State of

Florida.

mailto:dwmiller@myescambia.com tel:(850)595-4943

Such services may include, but are not be limited to: programming; feasibility studies; master planning; preparation of conceptual designs and cost estimates for facilities development alternatives; preparation of architectural, interior, and furniture designs; code review;

performance of energy studies and implementation of sustainability improvements to existing facilities; execution of forensic investigations; performance of water intrusion assessments;

roof evaluations and repair designs; bidding and negotiation services; the furnishing of construction-phase services, including project inspection, management, and administration;

and perform warranty inspections.

Unless otherwise directed, all task order design projects shall include comprehensive design and construction administration services, to encompass the following:

• Preparation of Computer-Aided Design (AutoCAD) documents, including all supporting materials, in conformance with applicable building codes and rules and regulations of agencies having jurisdiction. Preparation of presentation documents utilizing Building

Information Modeling (BIM) tools such as Revit, or other 3D rendering software.

• Submitting design drawings to Escambia County for review at the 30% and 90% completion milestones. The Consultant shall address all County comments and redlines prior to the issuance of the Final 100% construction documents. Final deliverables shall include complete hard copy sets and electronic PDF and AutoCAD files.

• Assist in analyzing the Guaranteed Maximum Price (GMP) and recommend acceptance and/or rejection to the County. Provide standard bidding-phase services, including assisting the County during the solicitation, evaluation, and negotiation of construction bids.

• Provide contract services for the full duration of construction, inclusive of weather delays or any other approved extensions of time. Conduct monthly site visits during construction and prepare written progress reports documenting the quality, status, and stage of work.

• Include all necessary permit fees in the proposed pricing. The Consultant shall be responsible for preparing and submitting drawings and all required documentation to obtain such permits.

• Respond in a timely manner to Requests for Information (RFIs) and Construction Change

Requests (CCR), review and approve submittals and shop drawings for conformance with contract documents, and actively participate in punch list preparation, reviews, and meetings.

• Administer the document closeout process and conduct inspections pertaining to the one-year guarantee provided by the General Contractor.

The Consultant’s specific scope of services, level of effort, project schedule, compensation, and payment terms shall be negotiated on a project-by-project basis and shall be clearly defined in a written Task Order. Each Task Order shall be duly executed by the authorized representatives of both the County and the Consultant.

Projects under this contract will primarily involve the renovation, remodeling, and/or retrofitting of building systems within existing County facilities. Disaster recovery services may also be awarded, as directed by the Director of Facilities Management. In accordance with

Florida Statute 287.055, professional fees for continuing services contracts shall not exceed

$500,000.00 per minor project. Firms should note that execution of a continuing services contract does not guarantee the award of any particular project, nor does it provide exclusivity for the performance of services on any project.

2.3. General Professional Services That May Be Requested

• Prepare studies, surveys, and specifications.

• Provide the owner with 100% AutoCAD drawings utilizing v. 2020 or newer.

• Utilize BIM (Building Information Modeling), Revit Architecture, or other 3D modeling software.

• Initiate meetings and provide numbered meeting notes and agendas.

• Prepare studies, planning activities, and cost estimates as directed by the Project Manager.

• Provide services as required for recovery from natural or man-made disasters.

• Provide design renderings and color/finish material boards as required.

• Ensure all designs and code compliance are in accordance with Florida Building Codes, ADA, and regulations having jurisdiction.

• Coordinate construction documents release schedule with the project schedule.

• Coordinate value engineering analysis and/or construction cost estimates.

• Perform document and quarterly affordance reviews.

• Verify that the County’s standards of construction are incorporated into drawings.

• Perform document reviews and quality assurance evaluations.

• Clarify and reissue all items not clearly identified on the construction documents.

• Manage submittals and approvals with agencies having jurisdiction.

• Stamp documents, as required.

• Observe construction for compliance with contract documents; notify the Project Manager of discrepancies.

• Observe construction for compliance with applicable codes; notify the County representative of any discrepancies.

• Administer the document closeout process.

2.4. Coordination - Where Applicable

• Utilize Building Information Modeling (BIM) or other software for systems integration, clash avoidance, building information modeling, and presentations.

• Establish and implement procedures for information distribution, document reviews, presentations, and approvals at the start of the project.

• Review CM construction cost estimate at each required submittal.

• Assist in analyzing the Guaranteed Maximum Price (GMP) and recommend acceptance and/or rejection to the Project Manager.

• Attend construction meetings.

• Respond in a timely manner to Requests for Information (RFIs) and Construction Change

Requests (CCR).

• Certify pay requests as provided in the construction contract.

• Review and approve shop drawings for conformance with contract documents.

• Prepare punch lists and actively participate in punch list reviews and meetings.

• Issue the Final Certificate of Completion.

• Conduct inspections pertaining to the one-year guarantee provided by the CM.

2.5. Closeout - Where Applicable

• Delivery of “as-built” drawings on USB flash drive utilizing AutoCAD v. 2020 or newer.

• Support CM in the preparation and assembly of close-out documents (to be provided on flash drive and in hard copy).

• Provide training, parts, and operational manuals.

• Participate with CM in providing training for the County’s personnel.

• Provide specifications in Microsoft Word v. 2021 or newer.

2.6. Maximum Contract Fee Schedule Acceptance

For a “Contract” to be established between the firm and Escambia County, Florida, a fee schedule must be established. Fee Schedules for the continuing contract shall be established based on the “Current

Averages for Audited Overhead, Expense and Facilities Capital Cost of Money (FCCM) Rates” as provided in the current Florida Department of Transportation (FDOT) Negotiation Handbook Guidelines for

Professional Services Contracts, which is incorporated by reference herein. Please do not provide these numbers with your LOI. Your acceptance of the maximums will suffice. See link below for reference:

http://www.fdot.gov/procurement/pdf/negot.pdf

2.7. Instructions to Submitters

Firms desiring to provide the described architectural professional services shall submit one (1) electronic copy of your firm’s Letter of Interest (LOI) containing all of the requested information no later than the date and time specified in this solicitation. Submittals delivered late shall not be considered or accepted.

No exceptions will be made.

PROPOSAL REQUIREMENTS:

TAB 1 - Letter Of Interest (LOI) (1-page max)- Respondent shall submit a letter of interest signed by a corporate officer, principal, or an authorized representative of the prime consultant authorized to obligate the firm contractually. The letter shall include the business address, telephone number, e-mail address, and the name of the prime consultant that the County can contact for additional information.

TAB 2 - Company Profile (1-page max) - Respondent shall provide a brief profile of the company, which should include the firm’s legal name; history; business structure; designation of the legal entity by which business operates (sole proprietor, partnership, corporate, LLC, etc.); type of ownership (small business, small disadvantaged business or W/MBE business); length of company's existence; locations of the parent company, branch or subsidiary and proposed project team; total number of personnel including personnel by discipline; and firm’s field(s) of expertise. *IMPORTANT: PLEASE BE SURE TO NOTE THE

FIRM’S FIELD(S) OF EXPERTISE, AND ALL SERVICES THE FIRM EXPECTS TO PROVIDE INCLUDING WORK

THAT WOULD BE PERFORMED BY A SUBCONSULTANT. (This is to ensure that a landscape architecture firm is not selected to perform structural engineering services if the firm does not intend to provide that type of professional service.)

TAB 3 - Qualifications of Key Personnel (3-page max) - Describe the education, experience and relevant abilities of key personnel and proposed subcontractors who will be responsible for project completion and identify their precise role(s) in accomplishing the work. Awards, certifications, and other information demonstrating personal and professional integrity and competence should be included.

TAB 4 - Approach to Project/Understanding (2-page max) - Demonstrate understanding of proposed project types and the technical approach to be taken in addressing the proposed work. The description shall include understanding of design and permitting in coastal and inland areas. Describe the project schedule/work management plan strategy to provide the service performance time expected for project types. Also, demonstrate the firm’s Quality Assurance/Quality Control program. The qualifying firm shall provide documentation of its quality assurance/control program, which details the system and checks it uses to ensure quality products.

http://www.fdot.gov/procurement/pdf/negot.pdf

TAB 5 - Similar Project Experience (2-page max) - Identify several projects to demonstrate the firm’s prior project experience, within the last ten (10) years, specific to surveying, geotechnical services, engineering design, stormwater design, environmental design, piers, docks and boat ramps, development of construction plans, project cost estimates, bid document preparation, post construction engineering services, construction engineering and inspection (CEI), grant management, technical presentations, and other miscellaneous professional architectural and planning services.

TAB 6 - Vendor Submission documents - Documents required from the vendor submission section

2.8. Selection Process

Professional Architectural Services Consultants will submit their response(s) in accordance with the solicitation. Escambia County staff will review all responses and will provide the recommendation to award to the Procurement Office, the County Administrator, and the BOCC.

The BOCC will award the contract(s) to the most responsive and responsible vendor(s). The

County shall consider such factors as the ability/qualifications of professional personnel, past performance, similar county projects, specifically in Florida, and willingness to meet time and budget requirements. This is a PASS/FAIL selection.

2.9. Federal Documents for Grants

Certain Contracts may require vendors to follow Federal contract provisions such as CFR 200, CFR 200 -

CDBG-DR, FEMA Funds, etc. At the time of the project request if it is Federally funded, the proper documents will be provided by the County.

3. Solicitation Terms and Conditions 3+1+1

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: David MillerPurchasing Managerdwmiller@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 https://procurement.opengov.com/portal/escambiacountyfl 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/216831/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). 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

Multiple awards will be made based upon responsibility and responsiveness to the needs of the County.

It is the intent of the County to place Purchase/Task Orders with the responsive and responsible bidders who can provide the services based upon the needs of the County at the time.

Contract Term

A. The contract resulting from this solicitation shall commence effective upon execution by both parties and extend for a period of Thirty-Six Months (36). The contract may be renewed for two (2) additional twelve (12) month periods, up to a maximum Sixty (60) months total upon mutual agreement of both parties. If any such renewal results in changes in the terms or conditions, such changes shall be reduced to writing as an amendment to the contract and such addendum shall be executed by both parties and approved by the Board of County Commissioners.

B. Renewal of the contract shall be subject to appropriation of funds by the Board of County

Commissioners.

C. The initiating County department(s) shall issue release (purchase) orders against the term contract on an “as needed” basis.

D. The contract may be canceled by the awarded firm, for good cause, upon ninety (90) days prior written notice.

E. The County retains the right to terminate the contract, with or without good cause, upon (30) days prior written notice.

F. In the event of termination by either party as provided herein, the awarded firm shall be paid for services performed through the date of termination.

Option to Extend the Term of the Contract (Not applicable to Lump Sum Agreements)

After exercising all options to renew, if it is determined that interim performance is necessary to allow for the solicitation and award of new contract, the County may extend this Agreement for up to an additional six (6) months. The County shall provide written notice to the Contractor no later than thirty

(30) days prior to the expiration of the last one (1) year renewal period. The exercise of the option shall be for the period specified and for the prices listed on the bid form. All other terms and conditions of the contract shall apply to the option periods.

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.

Local Preference in Bidding

In accordance with Sec. 46-110(e) of the Escambia Code of Ordinances, all bid solicitation documents shall include the following notice to firms of the local firm preference policy:

a) Legislative Intent:

The Escambia County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business in

Escambia County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a compelling public purpose for the benefit of the taxpayer and residents of Escambia County as such preference encourages local industry, employment opportunities, and increases the County’s overall tax base.

b) “Local Business” Defined:

For the purposes of this section, “Local Business” shall mean a business which meets all of the following criteria:

1. Has had a fixed office or distribution point located in and having a street address within Escambia

County of Santa Rosa County for at least one (1) year immediately prior to the issuance of the request for competitive bids by the County. The fixed office or distribution point must be staffed by at least one (1) employee. Post Office boxes are not verifiable and shall not be used for the purpose of establishing a physical address, and

2. Holds any business license required by Escambia County or Santa Rosa County, and

3. Is the principal Offeror who is a single Offeror; a business which is the prime Contractor and not a

Sub-Contractor, or a partner, or joint venture submitting an offer in conjunction with other businesses.

c) Certification:

Any firm claiming to be a local business as defined above shall so certify in writing to the Escambia

County Office of Purchasing. The certification shall provide all necessary information to meet the requirements provided herein. The purchasing agent shall not be required to verify the accuracy of any such certification and shall have the sole discretion to determine if a firm meets the definition of a

“Local Business.”

d) Preference in Purchase of Commodities and Services by Means of Competitive Bid:

Except where federal or state law, or any other funding source, mandates to the contrary, Escambia

County may give preference to local businesses in the following manner:

Competitive Bid (Local Price Match Option): Each formal competitive bid solicitation (i.e. sealed bids) shall clearly identify how the price order of the bids received will be evaluated and determined.

When a qualified and responsive, non-local business submits the lowest price bid amount between

$50,000.00 and $249,999.99, and the bid submitted by one or more qualified and responsive local businesses is within five percent (5%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local

When a qualified and responsive, non-local business submits the lowest price bid amount between

$50,000.00 and $249,999.99, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated Community Redevelopment

Area (CRA) is within seven percent (7%) of the price submitted by the non-local business, then the local business located in a designated CRA with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualifies and responsive non-local bidder.

$250,000.00 and $999,999.99, and the bid submitted by one or more qualified and responsive local businesses is within three percent (3%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local

$250,000.00 and $999,999.99, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated CRA is within five percent (5%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

When a qualified and responsive, non-local business submits the lowest price bid amount in excess of

$1,000,000.00, and the bid submitted by one or more qualified and responsive local businesses is within two percent (2%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

When a qualified and responsive, non-local business submits the lowest price bid amount in excess of

$1,000,000.00, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated CRA is within four percent (4%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder.

In such instances, staff shall first verify whether the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the purchasing department shall invite the lowest local bidder in writing to submit a matching offer which shall be submitted in writing to the Escambia

County Office of Purchasing within five (5) business days thereafter.

If the lowest local bidder does not respond or otherwise submits a written offer that does not fully match the lowest bid from the lowest non-local bidder tendered previously then award shall be made to the lowest overall qualified and responsive non-local bidder.

In the event a local bidder is awarded a contract pursuant to this section, any requests for change orders increasing the cost of the project must be approved by the Escambia County Board of County

Commissioners.

e) Notice:

All bid solicitation documents shall include notice to firms of the local preference policy.

f) Waiver of the Application of Local Preference:

The application of local preference to a particular purchase or contract for which the Board of County

Commissioners is the awarding authority may be waived upon approval of the Board of County

Commissioners.

g) Limitations:

1. The provisions of this section shall apply only to procurements which are above the formal bid threshold as set forth in the Escambia County Purchasing Code.

2. The provisions of this section shall not apply where prohibited by federal or Florida law, or where prohibited under the conditions of any grant.

3. The provisions of this section shall not apply to any purchase exempted from the provisions of the

Escambia County Purchasing Code.

4. The provisions of this section shall not apply to contracts made under the Consultants Competitive

Negotiation Act (CCNA), F.S. § 287.055.

h) Penalties:

1. Misrepresentation:

A firm who misrepresents the local preference status of its firm in a bid or proposal submitted to the

County will lose the privilege to claim local preference status for a period of up to one (1) year from the date of the award of the contract or upon completion of the contract, whichever is greater.

2. Failure to Maintain Local Business Preference Qualifications:

Any firm that does not maintain its local preference status resulted in the awarded contract shall be in breach of contract and will be subject to termination of the contract, suspension of payments under the contract, and loss of the local preference status on the contract awarded.

3. Lack of Good Faith:

The Contractor or firm may show that it attempted through reasonable and objective means and in good faith to comply with the terms of the contract relating to local businesses but was unable to comply. If the County determines that the Contractor or firm did not act in good faith, all amounts paid to the Contractor or firm under the County contract intended for expenditure with the local business shall be forfeited and recoverable by the County. In addition, the contract may be rescinded, and the

County may return all, or a portion of the goods received and recover all amounts paid under the contract for the goods which were returned.

Effective July 1, 2021, for any “competitive solicitation for construction services paid with ANY state appropriated funds, the County may not use a local preference ordinance to prevent a contractor from participating in the bidding process based upon; a) maintaining a local office; b) hiring employees or subcontractors within a particular jurisdiction; or c) prior payment of local taxes, assessments or duties. For any such solicitation, the County must disclose in the bid package that any applicable local ordinance or regulation does not include any such prohibited preference.” See §255.0991, Florida

Statutes.

4. General Terms and 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…