Quintette_Road-95A_Alignment_-_Design_Services.pdf

RLI

PD 24-25.107

QUINTETTE ROAD-95A ALIGNMENT - DESIGN SERVICES

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: June 26, 2025

DEADLINE FOR QUESTIONS: July 9, 2025

RESPONSE DEADLINE: July 30, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

RLI

Quintette Road-95A Alignment - Design Services

1. Introduction

2. Scope of Work

3. Solicitation Terms & Conditions

4. General Terms and Conditions

5. Standard Insurance Requirements and Certificates

6. Insurance for Professional Services

7. Evaluation Criteria & Process

8. Vendor Submissions

Attachments:

A - Manual on Uniform Traffic Control Devices (MUTCD) - FHWA

C - Aeiral_Exhibit_2

D - 2-5-2024_Escambia_BOCC_Board_Minutes

E - Escambia_County_Technical_Specifications_07.01.2020

F - FDOT

RLI #PD 24-25.107

Title: Quintette Road-95A Alignment - Design Services

1. Introduction

1.1. Summary

The Escambia County Engineering Department (County) requests engineering construction plans be developed for the Quintette/95A Realignment Project, including some limited construction administrative services. The design portion of the project will be funded with local area sales taxes.

(LOST IV). The construction portion of the project will be funded by a combination of LOST IV and Florida

Department of Transportation Regional Incentive Program (TRIP) funds. The east and west portions of

Quintette Road are currently offset by approximately 115 feet and will need to be realigned to increase safety and allow for more efficient traffic flow. The design will also include a new traffic signal and a westbound right turn lane onto CR 95A. The consultant selected to provide A&E services for the project shall provide for public input, surveying, construction plan preparation, permitting, bidding assistance, and limited project construction oversight.

1.2. Contact Information

Buzz Roggenbuck

Sr. Procurement Coordinator

213 S. Palafox Place

Pensacola, FL 32502-5822

Email: abroggenbuck@myescambia.com

Phone: (850) 595-4878

Department:

Purchasing

1.3. Timeline

Release Project Date June 26, 2025

Pre-Solicitation Meeting (Non-Mandatory) July 3, 2025, 11:00am https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQzOWYyMjAtMGQwZi00Yz

ZiLWFjODctYjdiYzUwY2JhMmNk%40thread.v2/0?c ontext=%7b%22Tid%22%3a%222c937adb-d946-

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

Dial in by phone

+1 863-333-5817,,221015444# United States, Lakeland mailto:abroggenbuck@myescambia.com tel:(850)595-4878 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTQzOWYyMjAtMGQwZi00YzZiLWFjODctYjdiYzUwY2JhMmNk%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_MTQzOWYyMjAtMGQwZi00YzZiLWFjODctYjdiYzUwY2JhMmNk%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_MTQzOWYyMjAtMGQwZi00YzZiLWFjODctYjdiYzUwY2JhMmNk%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_MTQzOWYyMjAtMGQwZi00YzZiLWFjODctYjdiYzUwY2JhMmNk%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_MTQzOWYyMjAtMGQwZi00YzZiLWFjODctYjdiYzUwY2JhMmNk%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_MTQzOWYyMjAtMGQwZi00YzZiLWFjODctYjdiYzUwY2JhMmNk%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_MTQzOWYyMjAtMGQwZi00YzZiLWFjODctYjdiYzUwY2JhMmNk%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

Question Submission Deadline July 9, 2025, 3:00pm

Submission Deadline July 30, 2025, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjllMWE1ZTctMmVmOS00OD hmLWI3MDEtYTNiMTVlNWMwNWI1%40thread.v2

/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

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

Dial in by phone

+1 863-333-5817,,27681083# United States, Lakeland

2. Scope of Work

2.1. Scope of Work

The selected A/E shall assist in the acquisition of all property needed to complete the project and provide any legal descriptions, exhibits, or other documents required to acquire any and all properties including but not limited to, right-of-way, easements, and property purchases. The A/E will be responsible for acquiring any survey, if not provided by the County, and it must meet the current Florida

Minimum Technical Standards as set forth by the Board of Professional Surveyors and Mappers. The design shall meet all required current standards and specifications including, but not limited to, Escambia County Technical Specification, Safe Routes to School (SRTS), Americans with Disability Act

(ADA), Architectural Barriers Act (ABA), Florida Department of Transportation (FDOT), Public Rights-Of-

Way Accessibility Guidelines (PROWAG), Manual on Uniform Traffic Control Devices (MUTCD), Florida

Green Book and the latest addition of Design Standards.

2.2. Description of Work Activities

The consultants and/or its sub-consultants will perform the following activities in completing the construction plans:

2.3. Task 1 - Data Collection and Review, Plan Preparation, and Estimates

• Provide a project schedule that will meet or exceed expectations.

• Provide Geotechnical Reports on Soil Data (if required)

• Provide Subsurface Utility Exploration (SUE) Reports (if required)

• If necessary, provide surveying services for the project based on, but limited to the following:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjllMWE1ZTctMmVmOS00ODhmLWI3MDEtYTNiMTVlNWMwNWI1%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_YjllMWE1ZTctMmVmOS00ODhmLWI3MDEtYTNiMTVlNWMwNWI1%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_YjllMWE1ZTctMmVmOS00ODhmLWI3MDEtYTNiMTVlNWMwNWI1%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_YjllMWE1ZTctMmVmOS00ODhmLWI3MDEtYTNiMTVlNWMwNWI1%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_YjllMWE1ZTctMmVmOS00ODhmLWI3MDEtYTNiMTVlNWMwNWI1%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_YjllMWE1ZTctMmVmOS00ODhmLWI3MDEtYTNiMTVlNWMwNWI1%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_YjllMWE1ZTctMmVmOS00ODhmLWI3MDEtYTNiMTVlNWMwNWI1%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

a) Certified Boundary Survey (with delineations of MHWL, wetlands, conservation easements.);

Topographic Survey; and Bathymetric Survey (to -5 ft MLLW, in the area proximate to intended ramp, docks, and living shoreline/breakwater construction) that meets the current Florida

Minimum Technical Standards as set forth by the Board of Professional Surveyors and Mappers.)

b) Minimum of two Benchmarks referenced to NAVD 1988 Datum. Maximum distance between Benchmarks not to exceed 1000 feet c') Cross-section data intervals shall not exceed 100 feet. Where possible, topographic data shall exceed the right-of-way width by a minimum of 5 feet to ensure complete DTM coverage of the right-of-way.

d) Road rights-of-way and parcel lines depicted on the topographic survey shall be based on field-located property corners, where such corners exist

e) Coordinate with the County Surveyor and staff for the collection of surveying data for the project.

f) Electronic files submitted shall be based on State Plane Coordinates, NAD 83/90, and North

Florida Zone.

** If a discrepancy between the requirements above and the current Florida minimum Technical

Standards, the more stringent standard will apply.

• Provide 30%, 60%, 90%, and 100% plans for review by County. In some cases, a simplified design track may be appropriate. 60% and or 90% plans may be omitted if approved by the County Project Manager.

Cursory reviews at the time of submittal will apply.

• Plans should be reproducible to 40 scale 11"x17” and 20 scale 24" X 36" sheets size plans.

• Submit cost estimates via pricing agreement or bid tab at each stage of plan development

2.4. Task 2 - Coordination Meetings

• If required, attend public meetings with stakeholders and the general public to receive input.

• Meet with County Staff for input on maintenance and historical complaints.

• If required, utility coordination and plans-in-hand walk-through with Utility Companies at all phases submit

• Task 3: Permitting:

• Obtain any required regulatory Environmental, Wetland, and Stormwater permitting. Include permit fee allowances. Utilize any Emergency Orders and procedures where applicable. Updated

9.17.2024

2.5. Task 3 - Submissions

All RLI Packages must include the following components:

Section Topic

1 RLI Cover Page

2 Cover Letter

3 Company, Staff, and Sub-Consultant Qualifications

4 Related Experience

5 Approach and Innovation

6 Quality and Schedule Control

7 Socioeconomic Business Enterprise

8 Escambia County Purchasing Documents

In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is recommended that proposals be organized in the manner specified as follows:

Section 1: RLI Cover Page

Section 2: Cover Letter

Respondent shall provide a cover letter, not exceeding two pages, which is signed by an officer of the firm who is responsible for committing the firm’s resources.

• The cover letter should provide the following:

o Respondent’s name, primary contact name, business address, phone number, fax number and e-mail address.

o Name and title of the individual with responsibility for the response and to who matters regarding this RLI should be directed.

o A brief statement of the respondent’s understanding of the services required and qualifications to provide Environmental Consulting Services.

o A brief company background statement to include, but not limited to, years in business, corporate structure, professional affiliations, and capability of meeting deadlines.

o Such other information as the respondent deems appropriate.

Section 3: Company, Staff, and Sub-Consultant Qualifications

In this section, respondent shall demonstrate the qualifications of company, staff, and any proposed sub-consultant or sub-contractor who may perform any aspect of the scope of services provided herein. In addition, respondent shall provide a brief summary of the overall capabilities of staff and any proposed sub-consultants or sub-contractors relative to the Environmental Consulting Services as outlined in the scope of work. Consultants and/or Sub- Consultants that possess staff and company qualifications in multiple disciplines should provide documentation of all qualifications for each discipline in this section.

• Provide key personnel that may perform work under the award of this contract.

• Provide a Organization Chart

• Include a one (1) page resume for each key personnel.

• Identify the primary contact for this contract.

• Proper and valid licensing to conduct business in the State of Florida

• Current Applicable Department of Professional Regulation License(s)

• Current Applicable Certification(s)

Section 4: Related Experience

In this section, respondent shall provide evidence of performance related to the Scope of Requested Services. Consultants and/or Sub-Consultants that possess experience in multiple disciplines should provide documentation of all qualifications for each discipline in the section.

In addition, respondents will need to describe any prior engagements in which respondent and/or respondent’s sub-consultants/sub-contractors assisted a governmental entity in dealings with HUD Environmental Review requirements.

Section 5: Approach and Innovation

In this section, respondent shall provide the firm’s technical approach to perform the scope of services requested to include procedures, methodologies, resources, systems, etc.

Section 6: Quality and Schedule Control

In this section, the respondent shall provide a written narrative of the firm’s project management methods to establish, monitor and track quality control methods including coordination of sub-consultants, and ability to meet schedules in a timely manner.

Section 7: Socioeconomic Business Enterprise

Provide current copy of certificate of MBE/WBE/DBE.

Section 8: Escambia County Purchasing Documents

Refer to the Vendor Submissions Section for specific documents.

2.6. Task 5 - Construction Administration and Inspections (Limited Allowance Based Upon Actual Time)

• Consultant will attend a Preconstruction Conference.

• Consultant will prepare as-built certification and as-built drawings based upon contractor mark-ups & milestone inspections, and post-construction meetings and inspections.

• Consultant will be available during construction to provide interpretation of their design as necessary and during post-construction project closeout.

• Construction Administration services for unforeseen construction issues needed to monitor construction will be an allowance requiring pre-approval to proceed. The County will inspect all construction improvements.

2.7. Task 6 - Optional Services

List any Optional Services that may be required for this project such as Geotechnical Services, Subsurface Utility Exploration (SUE), etc.

2.8. Deliverables

• One 11” x 17” set of plans at each stage of plan development.

• One copy of the cost estimates via the pricing agreement or bid tab at each stage of plan development.

• One copy of the drainage documentation, if applicable

• One copy of the hydraulic analysis, if applicable

• One copy of the geotechnical investigation, if applicable

• Five copies of the signed and sealed survey, if applicable

• One copy of the required permits, if applicable• Four paper copies (11”x17”) of the approved construction plans

• One copy of the ICPR model, if applicable

• One copy of the ACAD drawing files, if applicable

• One copy of the Bid Package, if applicable

• One copy of as-builts (hard copy and AutoCAD copy)

• Digital copy (pdf format) of all the above-listed items

*A team should be formed to deliver a complete project and provide the intersection alternatives report within 4 months of the Notice to proceed with the specific design 10 months after, depending on permitting

3. Solicitation Terms & Conditions

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

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

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

Pre-Proposal 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.

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 solicitation 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 solicitation closing. Addenda will be provided to each respondent via email and will be 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 respondent. Each respondent is required to submit with the proposal a written acknowledgment to confirm receipt of any and all addenda. No respondent 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 proposal, the Respondents 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. Respondent 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 Proposal

The Proposal shall be based upon the completion of the Scope of Work according to the drawings and specifications, together with all addenda thereto. The proposal must be executed by an individual 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. The proposal shall include evidence of respondent’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 in the proposal, and Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

Recommended Proposal Preparation Guidelines

All respondents shall provide a straightforward and concise description of their ability to meet the proposal requirements. The proposal shall clearly show the technical approach to include work tasks, estimated time phasing and the proposed approach. The County discourages overly lengthy or costly proposals, all proposals shall be submitted in one electronic file.

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

Integrity of Documents

Respondents shall use the original solicitation documents in the format provided by the Escambia

County Office of Purchasing and enter information only in the spaces where a response is requested.

Submittal of Proposal

A proposal shall be submitted no later than the date and time prescribed in the Request for Proposal and shall be accompanied by all required documents. It is the respondent’s responsibility to ensure that its proposal is delivered at the proper time.

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

Identification of Subconsultants/Changes After the Fact

After submitting a proposal in response to this solicitation, respondents are prohibited from substituting, modifying, or amending the sub-consultants identified in the submittal at any time during the course of the solicitation process up to the final award of contract and including question and answer sessions, presentations or technical clarifications and submittals as may be required by the

Review/Selection Committee. A substitution or addition of sub-consultants or any other material changes to the submittal after the initial response will cause the submittal to be invalid for review and selection purposes.

Withdrawal of Submittals

Any respondent may withdraw its submittal, either personally or by written request, at any time prior to the scheduled time for opening submittals. Requests to alter or withdraw an offer must be submitted in writing to the Purchasing Director. Submittals may not be altered or unilaterally withdrawn by the respondent after the scheduled time for submittal opening. All offers 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.

Proposal to Remain Subject to Acceptance

All proposals will remain subject to acceptance or rejection by Escambia County for ninety (90) calendar days after opening Submittals.

Conditional or Incomplete Proposals

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

Addition/Deletion of Item(s)

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

Changes to Specification

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 https://procurement.opengov.com/portal/escambiacountyfl/projects/173733?section=undefined 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 Respondent fail to comply with this provision, Respondent will be liable for any costs incurred by the County to comply with the specifications provided in the solicitation.

Disqualification of Respondents

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

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

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

• Uncompleted work which in the judgment of the County might hinder or prevent the 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 solicitation or default under a previous contract.

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

Investigation of Respondent

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

Negotiations

Should negotiations be required, the contents of the proposal of the successful firm shall become a basis for contractual negotiations.

Evaluation of Proposals and Award of Contract

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

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

Escambia County reserves its right to reject any or all Proposals, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Proposals. The County further reserves the right to reject the Proposal of any Respondent whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating Respondents, the County may consider the qualifications of

Respondents 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 as a part of the Proposal.

Escambia County reserves the right to waive any informalities or reject any and all submissions, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this solicitation, and to accept the proposal 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 form shall be provided by the Office of Purchasing. The successful respondent shall, within

5 days after receipt of the Notice of 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 proposal or re-solicit and charge against the respondent 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 respondent shall also deliver the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Escambia

County Risk Manager before the successful respondent 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, judgements, and costs of suit, including attorneys' fees and paralegals' fees, 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 any one 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 and Conditions

The following General Terms and Conditions are incorporated by reference and have the same legal effect as if printed in its entirety.

A full textual copy of these conditions may be obtained by visiting the Office of Purchasing web site (see

Bid information below), by telephoning the Office of Purchasing at 850-595-4980, by Fax at 850-595-

4806, or by email at purchasing@myescambia.com.

Note: Any and all Special Terms and Conditions, and any specifications referenced within the solicitation, which varies from these General Terms and Conditions shall have precedence. Submission of the Bidder’s/Proposer’s Solicitation, Offer, and Bid/Proposal Form(s) in accordance with these

General Terms and Special Terms and Conditions constitutes an offer from the Offeror. The conditions incorporated herein become a part of the written Agreement between the parties.

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 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.

mailto:purchasing@myescambia.com

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.

a. 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…