Traffic_Control_Signs_-_FEMA_(Addendum_#2_Revision).pdf

INVITATION TO BID

PD 24-25.100

TRAFFIC CONTROL SIGNS - FEMA

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: June 13, 2025

DEADLINE FOR QUESTIONS: July 1, 2025

RESPONSE DEADLINE: July 23, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Escambia County

INVITATION TO BID

Traffic Control Signs - FEMA

1. Introduction

2. Scope of Work

3. Solicitation Terms and Conditions

4. General Terms & Conditions

5. Standard Insurance Requirements and Certificates

6. Insurance for Construction Contracts-General

7. Evidence/Certificates of Insurance

8. Pricing Table

9. Vendor Submissions

Attachments:

A - STREET_NAME_SIGN_PRICING_2024_(4) (1)

B - Exhibits_for_SignsContract_2025_(1) (3)

Invitation To Bid #PD 24-25.100 Title: Traffic Control Signs - FEMA

1. Introduction

1.1. Summary

Escambia County is seeking bids for the fabrication and installation of standard and special traffic control signs (warning, regulatory, and guide) related to capital improvement and maintenance projects. This work includes the fabrication and/or installation of post-mounted traffic control signs, reflective object markers, delineators, and span and post-mounted street signs.

Work under this contract will be initiated through the issuance of Work Orders, which will be signed by the Director or their designee. The Director or designee is authorized to issue Work Orders in any amount, up to but not exceeding the annual budget approved by the Board of County Commissioners within the Capital Improvement Program and the operating budget of the Transportation and Traffic

Operations Division. While there is no guaranteed minimum quantity of work per Work Order, it is anticipated that Work Orders will be issued regularly throughout the duration of the contract.

As this will be a task order-based contract, the contractor agrees to furnish all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment, and ensure good workmanship to properly execute the contract in accordance with Escambia County’s specifications and requirements.

Escambia County may use Federal Funds on this project. Contractors must be registered and in good standing with Sam.gov and understand that the FEMA provisions and Federal Contract Provisions in

Vendor Submissions (in question #17) may apply.

1.2. Contact Information

Tammy Straughn

Purchasing Coordinator

221 Palafox Place 2nd Floor

Pensacola, FL 32505

Email: tmbaker1@myescambia.com

Phone: (850) 595-4985

Department:

Purchasing

1.3. Timeline

Release Project Date June 13, 2025

Question Submission Deadline July 1, 2025, 3:00pm mailto:tmbaker1@myescambia.com tel:(850)595-4985

Bid Opening July 23, 2025, 3:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGM3YzhjZmItOWFlYi00ZGRjL

Tg1NmUtZGRiYzE4NmJhZDMz%40thread.v2/0?con text=%7b%22Tid%22%3a%222c937adb-d946-

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

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Dial in by phone

+1 863-333-5817,,216437978# United States, Lakeland

2. Scope of Work

2.1. Scope of Work

Scope of Services

The contract is awarded as a “continuing contract” involving the fabrication and installation of standard and special traffic control signs (warning, regulatory, and guide) for capital improvement and maintenance projects. Work will consist of the fabrication and/or installation of post mounted traffic control signs, reflective object markers, delineators, and/or span and post mounted street name signs.

Work under this contract will be originated through the issuance of Work Orders signed by the Director or his/her designee. The Director, or his/her designee, is authorized to issue Work Orders in any amount but not to exceed the annual budget approved by the Board of County Commissioners in the Capital

Improvement Program and in the operating budget of the Transportation and Traffic Operations

Division. There is no minimum quantity of work guaranteed in each work order; however, it is anticipated that Work Orders will be issued regularly throughout the contract period.

Contractor agrees to furnish and provide all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment, and good workmanship to properly execute this contract in the agreed upon Escambia County documents

Escambia County may use Federal Funds on this project. Contractors must be registered and in good standing with Sam.gov and understand that the FEMA provisions and Federal Contract Provisions in

Vendor Submissions (in question #17) may apply.

REMOVAL OF SIGNS

. DEFINITIONS AND IDENTIFICATIONS

For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are therefore agreed upon by the parties.

1.1 ADMINISTRATOR

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGM3YzhjZmItOWFlYi00ZGRjLTg1NmUtZGRiYzE4NmJhZDMz%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_OGM3YzhjZmItOWFlYi00ZGRjLTg1NmUtZGRiYzE4NmJhZDMz%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_OGM3YzhjZmItOWFlYi00ZGRjLTg1NmUtZGRiYzE4NmJhZDMz%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_OGM3YzhjZmItOWFlYi00ZGRjLTg1NmUtZGRiYzE4NmJhZDMz%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_OGM3YzhjZmItOWFlYi00ZGRjLTg1NmUtZGRiYzE4NmJhZDMz%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_OGM3YzhjZmItOWFlYi00ZGRjLTg1NmUtZGRiYzE4NmJhZDMz%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_OGM3YzhjZmItOWFlYi00ZGRjLTg1NmUtZGRiYzE4NmJhZDMz%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

Whenever the term ADMINISTRATOR is used herein it is intended to mean the County

Administrator of the Escambia County Government, his/her deputy, or his/her designee.

The ADMINISTRATOR is the administrative head of all departments and divisions of the

County Government. In the administration of this contract, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the

ADMINISTRATOR or his designee.

1.2 BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners (BCC), Florida, which is the governing body of the

Escambia County Government.

1.3 CONTRACTOR

The CONTRACTOR selected to perform the services pursuant to this Agreement.

1.4 COUNTY

Escambia County, a body corporate and political subdivision of the State of Florida.

1.5 DIRECTOR

The Director of the Engineering Department of Escambia County, or designee, including the Division Manager of Transportation and Traffic Operations.

1.6 CONTRACT ADMINISTRATOR

Whenever the term CONTRACT ADMINISTRATOR is used herein it is intended to mean the designee or deputy assigned by the DIRECTOR to administrate the contract for Escambia

County Government.

1.7 GENERAL CONTRACT DEFINITIONS

EA = Each

PS = Per Assembly

SF = Square Foot

AS = Assembly (sign and post)

"Dead End" = W14-1a (per MUTCD)

F&I = Furnish and Installation

"No Outlet" = W14-2a (per MUTCD)

PR = Pair

SF = Square Foot

FDOT = The Florida Department of Transportation

DAYS = Calendar Days

INSTALL, FURNISH AND REMOVAL OF SIGNS

Technical Specifications

TRAFFIC CONTROL SIGNS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Provisions of the Contract, including General and Supplementary

Conditions and other Specifications Sections, apply to work of this section.

B. Unless otherwise specified on the work orders, plan sheets, or in other sections of this contract, all materials and work shall conform to the applicable requirements in the following document:

a. USDOT, Federal Highway Administration, Manual on Uniform Traffic Control

Devices for Streets and Highways, latest edition.

c. USDOT, Federal Highway Administration, Standard Alphabets for Highway Signs and Pavement Markings, latest edition.

d. Florida Department of Transportation, Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, latest edition.

e. Florida Department of Transportation, Standard Specifications for Road and

Bridge Construction, section 700, latest edition.

GENERAL EXCEPTIONS: Any reference to FDOT Standard Specifications for Road and Bridge

Construction (latest edition) Division I General Requirements & Covenants shall be excluded and not applicable to any specification referred herein, or otherwise listed in this document.

1.2 DESCRIPTION OF WORK

The work under this section includes the fabrication and installation of standard and special traffic control signs (warning, regulatory, and guide). The Contractor shall furnish all labor, materials, tools, supplies, equipment, and machinery necessary to fully complete the work shown in the plans and in these specifications.

PART 2 - PRODUCTS

2.1 MATERIALS

All materials shall be new and of good quality unless otherwise specified. The Contractor, at his own expense and if requested by Contract Administrator, shall furnish samples of material and/or shall certify that the material meets all FDOT requirements. All material or work that has been rejected shall be remedied by the Contractor at his own expense and without delay. If the Contractor fails to promptly remove and/or dispose of rejected material and replace the same, the Engineer may remove and replace the same and deduct the cost of the work from the contract amount.

If the Contractor chooses to use material other than specified herein, a sample of the material with supporting manufacturer's literature and specifications must be submitted to the Contract Administrator for prior approval.

PART 3 - EXECUTION

3.1 UTILITY SPOTS

All street name signs shall be fabricated and installed in accordance with the plans and related documents. Contractor shall contact Sunshine State One Call of Florida at least seventy-two hours prior to digging or driving posts.

3.2 SIGN INSTALLATION

A. Signs shall be placed at the locations illustrated and/or specified in the plans or related documents.

B. If a sign cannot be placed where indicated due to a conflict, the Contractor shall immediately notify the Contract Administrator. The Contract Administrator will specify an alternate location.

C. The date when each sign is installed shall be marked with the hole punched sticker, similar to what FDOT does, on the rear side of each sign.

PART 4 - MEASUREMENT / PAYMENT

1 METHOD OF MEASUREMENT

The quantity to be paid for will be plan quantity, unless otherwise provided.

2 BASIS OF PAYMENT

Price and payment will constitute full compensation for all work specified in this section. Payment for all items relating to traffic control signs will be included in the lump sum Maintenance of Traffic pay item.

POST MOUNTED STREET NAME SIGNS

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Provisions of the Contract, including General and Supplementary

Conditions and other Specifications Sections, apply to work of this section.

B. Unless otherwise specified on the plan sheets or in other sections of this contract, all materials and work shall conform to the applicable requirements in the following document:

a. USDOT, Federal Highway Administration Manual on Uniform Traffic Control

Devices for Streets and Highways, latest edition.

b. USDOT, USDOT, Federal Highway Administration Standard Alphabets for Highway

Signs and Pavement Markings, latest edition.

c. Florida Department of Transportation, Standard Specifications for Road and

Bridge Construction, Section 700, latest edition.

d. FDOT Design Standards for design, Construction, Maintenance, and utility operations on the State Highway System, latest edition

e. Escambia County Standard Details for Street Name Signs, latest edition.

GENERAL EXCEPTIONS: Any reference to FDOT Standard Specifications for Road and Bridge

Construction (latest edition) Division I General Requirements & Covenants shall be excluded and not applicable to any specification referred herein, or otherwise listed in this document.

1.2 DESCRIPTION OF WORK

The work under this section includes the fabrication and installation of post mounted street name signs as shown or noted on plans. The Contractor shall furnish all labor, materials, tools, supplies, equipment, and machinery necessary to fully complete the work shown in the work order and in these specifications.

PART 2 - PRODUCTS

2.1 MATERIALS

All materials shall be new and of good quality unless otherwise specified. The Contractor, at his own expense, shall, if requested by Contract Administrator, furnish samples of material and/or shall certify that the material meets all FDOT requirements. All material or work that has been rejected shall be remedied by the Contractor at his own expense and without delay.

If the Contractor fails to promptly remove and/or dispose of rejected material and replace the same, the Contract Administrator may remove and replace the same and deduct the cost of the work from the contract amount.

If the Contractor chooses to use material other than specified herein, a sample of the material with supporting manufacturer's literature and specifications must be submitted to the Contract Administrator for prior approval.

Sign-blades reflective sheeting and posts shall conform to the details for street name signs.

PART 3 - EXECUTION

3.1 GENERAL

All street name signs shall be fabricated and installed in accordance with the plans and related documents. Contractor shall contact Sunshine State One Call of Florida at least seventy-two hours prior to digging or driving posts.

3.2 SIGN LAYOUT AND LEGEND

Letter shape and width of stroke shall comply with most current FHWA & MUTCD standards. For street name signs, lettering, border, and blade dimensions shall be consistent with the County’s standard detail for street name signs.

3.3 SIGN INSTALLATION

A. Signs shall be placed at the typical locations shown in the plans or County Standard

Details for street name signs.

B. If a sign cannot be placed where indicated due to a conflict either on the plans or within the County Standard Details for street name signs, the Contractor shall immediately notify the Contract Administrator. The Contract Administrator will specify an alternate location.

C. The Contractor shall submit a Street Name Sign Daily Report Sheet (Exhibit E) of each sign installation placed for inspection by the Contract Administrator. Contractor shall repair or replace signs deemed unacceptable by the Contract Administrator at no expense to the County.

3.4 REMOVAL OF SIGNS AND MARKERS

A. Existing metal street name signs and painted concrete street name markers specified for removal shall be removed from the site, delivered, and unloaded, as directed by the

Contract Administrator.

B. Holes created by the removal of the signs and markers shall be filled with clean soil, which shall be firmly hand tamped to match the level of the surrounding ground.

PART 4 – MEASUREMENT \ PAYMENT

4.1 METHOD OF MEASUREMENT

The quantities to be paid for will be:

A. The number and type of street name sign assemblies plus the number and type of auxiliary signs of each designated class complete.

B. The number of existing metal street name signs and concrete markers removed, relocated, modified, and placed on specified supports, of each designated class of assembly complete.

C. The number of each existing sign panel removed, complete.

4.2 BASIS OF PAYMENT

Price and payment will be full compensation for furnishing and installation of all materials necessary to complete the signs as specified through the work order issued; including sign panels complete with sheeting, painting, and message; sign posts and supports, footings, excavation, etc.; and all other work specified in this section, including all incidentals necessary for the complete item.

SPAN MOUNTED STREET NAME SIGNS

PART 1 – GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Provisions of the Contract, including General and Supplementary

Conditions and other Specifications Sections, apply to work of this section.

B. Unless otherwise specified on the plan sheets or in other sections of this contract, all materials and work shall conform to the applicable requirements in the following document.

a. USDOT, Federal Highway Administration Manual on Uniform Traffic Control

Devices for Streets and Highways, latest edition.

b. USDOT, Federal Highway Administration Standard Alphabets for Highway Signs and Pavement Markings, latest edition.

c. Florida Department of Transportation, Standard Specifications for Road and

Bridge Construction, Section 700, latest edition.

d. FDOT Design Standards for Design, Construction, Maintenance, and Utility

Operations on the State Highway System, latest edition.

GENERAL EXCEPTIONS: Any reference to FDOT Standard Specifications for Road and Bridge

Construction (latest edition) Division I General Requirements & Covenants shall be excluded and not applicable to any specification referred herein, or otherwise listed in this document.

1.2 DESCRIPTION OF WORK

The work under this section includes the fabrication of span mounted signs. The Contractor shall furnish all labor, materials, tools, supplies, equipment, and machinery necessary to fully complete the work shown in the work order and in these specifications.

PART 2 – PRODUCTS

2.1 MATERIALS

All materials shall be new and of good quality unless otherwise specified. The Contractor, at his own expense and if requested by Contract Administrator, shall furnish samples of material and/or shall certify that the material meets all FDOT requirements except as defined herein. All material or work that has been rejected shall be remedied by the

Contractor at his own expense and without delay. If the Contractor fails to promptly remove and/or dispose of rejected material, the Contract Administrator may remove and replace the same and deduct the cost of the work from the contract amount.

If the Contractor chooses to use material other than specified herein, a sample of the material with supporting manufacturer’s literature and specifications must be submitted to the Contract Administrator for prior approval.

2.3 SIGN BLADES

A. 0.125 gauge, 5052-H38 domestic aluminum alloy, 18” in height by various lengths.

B. 0.50’ radius rounded corners free of sharp edges.

C. Color and corrosion resistance per Alodine 1200 F treatment or approved equivalent.

2.4 SIGN FACING

The sign facing and legend may be fabricated by any of the following methods and materials:

A. Green 3M ink silk-screened onto white Diamond grade material.

B. Scotch lite electronic cuttable film (green) over white Diamond grade material.

PART 3 – EXECUTION

3.1 GENERAL

All street name signs shall be fabricated in accordance with the plans and related documents.

3.2 SIGN LAYOUT & LEGEND

Letter shape and width of stroke shall comply with most current FHWA & MUTCD standards except as modified below for street names:

A. SIGN LAYOUT

a. Left and right margins shall be at least 2 inches.

b. Border width shall be 1” with 2” radius at all corners.

c. Arrows shall be 4” in height and 8” in length and placed 2” above the lower border.

d. Prefixes and suffixes shall be placed 3” below the upper border.

e. Sign lengths shall be in 6” increments as determined by the legend. Minimum length shall be 48 inches.

B. LETTERS

a. Letters shall be FHWA Series “C”, upper and lower case. However, Clearview font should be available upon request.

b. Street Names: Initial letters shall be 12” upper case and subsequent letters shall be 9” lower case. Names shall be centered between the upper and lower borders.

c. Prefixes and suffixes: Initial letters shall be 4” upper case and subsequent letters shall be 3” lower case.

d. Suffixes “nd”,” rd.”, “st”, and “th” associated with numbered street names shall be 4” in height and positioned in the upper portion of the primary street name field.

3.3 SIGN INSTALLATION

A. Signs shall be placed at the typical locations shown in the plans.

B. If a sign cannot be placed where indicated on the plans due to a conflict, the Contractor shall immediately notify the Contract Administrator. The Contract Administrator will specify an alternate location.

3. Solicitation Terms and Conditions

3+1+1

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: Tammy StraughnPurchasing Coordinatortmbaker1@myescambia.com.

All questions or inquiries must be received no later than the last day for questions stated on the cover page of the solicitation. Any modification to the bid documents will be in the form of a written addendum issued by the County not less than five (5) days prior to the date and time of bid closing.

Addenda will be provided to each bidder via email and posted to the Escambia County website at

Escambia County Solicitations (https://procurement.opengov.com/portal/escambiacountyfl). Such written addenda or modification shall be part of the solicitation documents and shall be binding upon each bidder. Each bidder is required to submit with the bid a written acknowledgment to confirm receipt of any and all addenda. No bidder may rely upon any verbal modification to or interpretation of the solicitation documents, and no interpretation shall be considered binding unless provided in writing by the Office of Purchasing as provided in this provision.

Examination of Documents and Site

Before submitting a bid, the bidders shall familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be done and the equipment, materials, and labor required. Bidders shall also examine all drawings, specifications, addenda, and other relevant documents to be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract.

Preparation of Bid

A bid form is included in these specifications. The bidder shall submit bids in accordance with the bid documents. The individual who signs the bid form must be listed as an authorized representative with the records on file with the Florida Division of Corporations website (Sunbiz) with the principal address provided below the signature.

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

Bidders shall use the original bid documents provided by the Office of Purchasing and enter information only in the spaces where a response is requested. Bidders may use an attachment to the bid documents if sufficient space is not available. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, may constitute grounds for rejection of a bid. Any such modification or alteration that a bidder wishes to propose must be clearly stated in the form of an addendum to the original bid documents.

Submittal of Bid

A bid shall be submitted no later than the date and time prescribed in the Invitation to Bid and shall be accompanied by the bid security and other required documents. Applicable bond documents may be uploaded, but any physical checks presented must be delivered to the Office of Purchasing prior to the

Bid Opening. It is the bidder’s responsibility to ensure that its bid is delivered at the proper time and place. Offers by email, facsimile, or telephone will NOT be accepted.

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

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.

https://procurement.opengov.com/portal/escambiacountyfl/projects/175426/document?section=undefined

Disqualification of Bidders

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

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

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

• Incomplete work which in the judgment of the County might hinder or prevent the bidder’s prompt completion of additional work if awarded.

• Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the invitation to bid or default under previous contract.

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

Investigation of Bidder

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

Evaluation of Bids and Award of Contract

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

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

Escambia County reserves the right to reject any or all bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional bids. The County further reserves the right to reject the bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. In evaluating

Bidders, the County may consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted with the Bid Form.

Escambia County reserves the right to waive any informalities or reject any and all bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this bid, and to accept the bid that in its judgment will best serve the interest of the County.

Award

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

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.

4. General Terms & Conditions

Any and all supplemental Solicitation Terms and Conditions provided in Section III above and the specifications referenced within the solicitation which vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and supplemental Solicitation Terms and Conditions constitutes a binding offer from the offeror. The terms and conditions incorporated herein will become a part of the written agreement between the parties.

Prospective offerors may utilize the Office of Purchasing Home Page to obtain Vendor Information and

Solicitation Information, including Bid/Proposal Tabulations, Recommended Award(s), etc. In order to participate in a solicitation, offerors must establish an account via the e-procurement portal of the

County’s vendor management software hosted by OpenGov. Once the vendor registration is completed, the offeror will receive all notifications relating to the relevant solicitation via e-mail to the address registered with the account.

1. Sealed Solicitations: All solicitation forms shall be executed and submitted in the e-procurement portal of the County’s vendor management software. The file name shall contain the solicitation number and title and the contractor/vendor’s name. All solicitations are subject to the terms and conditions specified herein. Solicitation offers which do not comply with these terms and conditions are subject to rejection.

2. Execution of Solicitation: Solicitation forms shall be manually or electronically signed by an authorized representative in the space provided. Persons signing on behalf of a corporate entity must be identified as President or Vice President with the records on file with the Florida Division of Corporations or otherwise authorized by corporate resolution of the Board of Directors. Persons signing on behalf of a limited liability company must be identified as a managing member or other authorized representative with the records on file with the Florida Division of Corporations.

3. No Offer: If not submitting an offer, respond by selecting the “NO BID” option in the e-procurement portal of the County’s vendor management software, specify the reason in the drop-down menu, and confirm the “NO BID” before the expiration of the Submission Deadline.

4. Conduct of Participants: The following policy will apply to all solicitations:

Conduct of Participants.

After the issuance of any solicitation, all bidders/proposers/protestors, or individuals action on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County official, their agents or employees, or any member of the relevant Selection Committee at any time during the blackout period as defined herein;

provided, however, nothing herein shall prohibit bidders/proposers/ protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the

Purchasing Manager.

Definitions.

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

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

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

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

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

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

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

8. Discounts: Discounts for prompt payments shall not be considered when determining the lowest net cost for solicitation evaluation purposes except in cases of tie solicitations.

9. Product Literature: Offeror shall provide a copy of any relevant product literature and price list(s) with the offer.

10.Abnormal Quantities: Should any unusual or abnormal quantity requirements arise, the County reserves the right to solicit separate offers as a multiple award.

11. Additional Quantities: For a period not exceeding one hundred eighty (180) days from the date of the offer, the County reserves the right to purchase additional quantities at the prices offered in this solicitation. If additional quantities are not acceptable, the contractor must specify “OFFER IS FOR

SPECIFIED QUANTITY ONLY”.

12. Approved Equivalents: Any manufacturer’s name, trade name, brand name, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The contractor may offer any brand for which it is an authorized representative that meets or exceeds the specifications for any item(s). Customary measurements appearing in these specifications are not intended to preclude offers for commodities with metric measurements. If an offer includes equivalent products, indicate the manufacturer’s name and number. The contractor shall submit with its offer applicable cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous solicitation will not satisfy this provision. Escambia County reserves the right to determine acceptance of item(s) as an approved equivalent. Offers that do not comply with these requirements are subject to rejection.

13. Nonconformance to Specifications: Items may be tested for compliance with the contract specifications by a testing laboratory acceptable to the County. The County may require the contractor to reimburse all costs incurred by the County in connection with the examination or testing of the commodity, including costs relating to transporting the commodity samples to the testing site, actual test costs, personnel costs and other applicable costs should the items fail testing. The data derived from any tests for compliance with the contract specifications are public records and open to examination in accordance with Chapter 119, Florida Statutes. Items delivered that do not conform to the contract specifications may be rejected and returned at contractor’s expense. These items and items not timely delivered by the delivery date specified in the solicitation and/or purchase order may result in the contractor being found in default, in which event, any and all re-procurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in contractor’s name being removed from the Office of Purchasing registered vendor list, and the County not doing business with the contractor until such time as the County has been reimbursed for all re-procurement costs.

14. Service and Warranty: Unless otherwise specified, the offeror shall define any warranty service and replacements that will be provided at no cost to the County during and subsequent to the contract term.

15. Condition and Packaging: All items shall be a new, current standard production model available at the time of the solicitation. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

16. Safety Standards: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements, standards, and regulations of the

Occupational Safety and Health Act (OSHA).

17. Delivery: Delivery shall be Monday through Friday during regular business hours, excluding County designated holidays, unless otherwise specified. Unless a date is specified, contractor must provide the number of days required to make delivery after receipt of purchase order. The County may utilize delivery time as a factor for recommending the award.

18. Inspection, Acceptance and Title: Inspection and acceptance will be at “the place of destination” unless otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County, unless loss or damage results from negligence by the County.

The contractor shall be responsible for filing, processing, and collecting all damage claims.

19.Samples: Samples of items shall be furnished at no expense to the County. If not destroyed and upon written request, samples will be returned at the contractor’s expense. Each sample shall be labeled with the contractor’s name, manufacturer’s brand name, and serial number (as appropriate), solicitation number, and item reference. Requests to return samples must be received within 10 days after the solicitation opening date and must be accompanied by instructions with the applicable shipping authorization number and name of carrier. If instructions are not received, sample items become the sole property of the County and may be disposed of at the County’s discretion.

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

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

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

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

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

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

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

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

218.76(2), Florida Statutes.

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

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

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

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

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

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

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

Contractor was intended to obtain a contract or favorable treatment under a contract. If the resulting contract is terminated under this clause, the County will be entitled to pursue the all available legal…