20-IFB-26-00286 Terms Conditions.pdf

Invitation for Bid Stormwater CRRP Construction WORCS Contract

CDBG-DR North

IFB-26-00286

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: IFB-26-00286

SOLICITATION TITLE: Stormwater Culvert Renewal Replacement (CRRP) Construction WORCS Contract CDBG-DR North

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified Contractor(s) to perform as needed culvert repair and replacement work at various locations throughout the northern section of the County and potentially for other areas of the County's stormwater infrastructure network. Work associated with this contract will predominately be primarily located in Hillsborough County north of I-4 and I-275. However, tasks may be assigned anywhere within the County.

Any work authorized under this term contract will be ordered by the County on an as needed basis.

DUE DATE & TIME: [Date], [2:00 P.M.] Eastern Time (our clock)

PRIMARY CONTACT: Christy Perales, Senior Buyer

BID SUBMISSION: The County will only accept bids submitted through its electronic bidding system (Euna Procurement). Bids that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

TIMELINESS: To preserve the integrity of the competitive sealed bid process, bids submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your bid, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time.

When preparing to submit your bid, please read and follow all instructions regarding formatting and other details related to the form(s) to be used.

Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this

IFB-26-00286 Page 2 opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to Euna Procurement Support at 1-844-226-3862 or support.bonfire@eunasolutions.com.

● Questions regarding the specifications or solicitation document must be directed to the primary contact listed above using the “messages” section in Euna Procurement for this particular procurement.

• To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later.

• Questions regarding vendor registration, training, or general questions must be directed to the Supplier Engagement Team at (813) 272-5790 or iSupplier@HCFL.gov.

CONE OF SILENCE: A Cone of Silence is in effect for this procurement; therefore, no bidder, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a bidder from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the bidder from consideration for award. Please refer to the Instructions for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see IFB-26-00286 Insurance Requirements Attachment B and Special Terms and Conditions.

SURETY (BONDS): Bid, performance, and/or payment surety is required for this procurement.

[Please see Special Terms and Conditions for complete details and requirements.] A corporate resolution shall be submitted with the offer. The corporate resolution will be used to confirm signature authorizations on submitted documentation.

E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see General Terms and Conditions for complete details and requirements.

mailto:support.bonfire@eunasolutions.com mailto:iSupplier@HCFL.gov https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI

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1. SPECIFICATIONS

1.1. Scope

Hillsborough County is soliciting competitive bids from experienced and qualified Contractors to perform as needed culvert repair and replacement work at various locations throughout the northern section of the County as well as potentially for other areas of the County's stormwater infrastructure network needing replacement and repair. Work performed under this contract will be primarily located in Hillsborough County north of I-4 and I-275; however, work may be assigned throughout the County.

Any work authorized under this term contract will be ordered by the County on an as needed basis. If available, external plan sheets, construction plan sets, or sketches may be supplied to the Contractor with the Work Order at the Project Manager’s discretion.

The Contractor shall furnish all labor, materials and equipment for the accomplishment of all work as described in the Contract Documents & Specifications, as shown on the Plans (if available), and as directed by the Project Manager in accordance with the expressed or obvious intent of the Contract. The Contractor is required to render any and all infrastructure and appurtenances associated with or disturbed by the work to an operable condition as determined by the County.

Hillsborough County intends to select one (1) Contractor for award. Under the contract, the Contractor will perform work on individually negotiated Work Orders. One agreement for northern Hillsborough County will be awarded for a 3-year term. The Contractor is required to work on multiple Work Orders concurrently. The work performed under this contract may include, but may not be limited to: storm sewer installation including cross drains, side drains, manhole and inlet structures, and outfall and/or end treatment that may encounter groundwater during installation within project limits; CIPP lining of existing storm sewers, cleaning and sealing of existing pipe joints (may necessitate pipe plugging upstream/downstream and bypass pumping);

roadway construction and restoration; right-of-way construction and restoration;

retention/detention pond construction and restoration, grading and ditch construction (all should be considered to be under wet conditions unless noted on the construction plans); underdrain, trench and French drain installation; channel grading and/or large stormwater structure installation under wet conditions; potable water relocations, reclaimed water relocation, and/or sanitary relocations due to potential conflicts (by-pass pumping may be required as part of these relocation activities).See Supplemental Specifications Attachment A.

1.2. Minimum Qualifications

1.2.1 The Bidder/Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services.

1.2.2 The Contractor shall have a valid and active Florida Contractor's

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License from the Construction Industry Licensing Board of the following types at the time of bid opening and throughout the resulting Contract:

(CGC) Certified General Contractor or (RGC) Registered General Contractor.

1.3. Minimum Requirements

1.3.1 The Bidder/Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services. The County will review the Contractor’s work and project history to determine if the subject bidder is qualified to perform the work as presented in the Scope. The County’s decision regarding bidder’s qualifications, responsiveness, and capacity to perform the subject project shall be final.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance (NPI)

2.1.1 Non-Priced Items (NPI) are defined as those which have not been included as specific unit price items in this bid document. An allowance for NPI’s in the amount of $700,000.00 has been included in the Bid Proposal, which represents the maximum amount that may be expended for such work during the term of this contract. NPI work shall be identified by the Contractor in its proposal at the time a Work Order is being prepared. Once an NPI is approved in a Work Order, it may be incorporated into the contract and thus permit its continued use as a unit priced item for future Work Orders. The NPI work shall be priced as follows:

2.1.1.1 Florida Department of Transportation (FDOT) Construction Cost History cost data books (latest Edition) shall be used for the NPI;

2.1.1.2 If the NPI is not provided in the above-referenced FDOT publication, the price shall be negotiated with the Contractor utilizing other referenced sources as identified by the County. An example of such sources would be previous Hillsborough County bids, bids from other municipalities, etc.

2.1.2 For an individual work order, the value of NPI work shall not exceed 10% of the total work order value without prior approval of the Department Director. Once an NPI is approved in a Work Order, it may be incorporated into the contract and thus permit its continued use as a unit priced item for future Work Order.

2.2 Alteration of Plans or of Character of Work

2.2.1 The Professional reserves the right to make, at any time prior to or during the progress of the Work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Professional. Such

IFB-26-00286 Page 5 increases, or decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the Work, as altered, the same as if it had been a part of the original Contract.

2.2.2 The term "significant change" applies only when:

2.2.2.1 The Professional determines that the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

2.2.2.2 A major item of Work, defined as having an original Contract value in excess of five percent (5%) of the original Contract amount or is increased or decreased in excess of twenty-five percent (25%) of the original Contract quantity. The County will apply any price adjustment for an increase in quantity only to that portion in excess of twenty-five (25%) of the original Contract item quantity.

2.3 Basis for Award (Overall Low)

Award will be made to the lowest, responsive, and responsible Bidder meeting Specifications.

Award will be made to a single Bidder for all line items. If a Bidder fails to submit an Offer on all line items, then that Bidder is not eligible for award.

2.4 Bonds

2.4.1 Earnest Money Deposit/Bid Bonds and Other Bid Securities

2.4.1.1 An Earnest Money Deposit/Bid Bond or other security is required with this Bid. Either a certified check, a cashier's check, treasurer’s check, or a bank draft drawn on any national or state licensed financial institution or, in the alternative, an Earnest Money Deposit completed and signed by all required parties and submitted in the format detailed in the attachment, shall be required to accompany each Bid Proposal in a stated dollar amount which equals not less than five percent (5%) of the sum of the computed total amount of the Bidder’s Bid Proposal.

2.4.1.2 If the Bid will be awarded at a stated dollar amount, the Earnest Money Deposit or other security must be in an amount of five percent (5%) of the stated award amount, regardless of the Bid prices received.

2.4.1.3 Any submitted certified check, cashier’s check, treasurer’s check, or bank draft shall be drawn on a solvent bank or trust company authorized to do business in Florida, payable to the order of Hillsborough County Board of County Commissioners, and shall have all necessary documentary revenue stamps attached, if required by law.

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2.4.1.4 Sureties on Earnest Money Deposits shall be companies authorized to do business in the State of Florida and satisfactory evidence of the authority of the person or persons executing such Bid Bonds shall be submitted with the Bid Bond.

2.4.1.5 Bid Bonds must be submitted on the form provided (see attachment).

2.4.1.6 Personal checks, business checks, and cash deposits are not acceptable to Hillsborough County and will render your Bid nonresponsive.

2.4.2 Performance and Payment Bonds

2.4.2.1 The successful Bidder shall execute a Performance Bond as shown within the attachment, or furnish acceptable alternative forms of security, in a sum equal to one hundred percent (100%) of the total awarded Contract amount by a Surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida. The Performance Bond shall be required from the successful Bidder to ensure the faithful performance of the obligations imposed by the Contract.

2.4.2.2 The successful Bidder shall execute a Payment Bond as shown within the attachments, or furnish acceptable alternative forms of security, in a sum equal to one hundred percent (100%) of the total awarded Contract by a Surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida. The Payment Bond shall be provided by the successful Bidder for purposes of protecting the County from lawsuits for non-payment of debt that might arise in connection with the successful Bidder's performance under the Contract.

2.4.2.3 The Performance Bond and Payment Bond forms will be included in the Contract Documents and must be properly executed by the Surety and the successful Bidder. Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power of attorney and hold an active insurance license in the State of Florida.

Certified copies of the recorded Bonds shall be submitted to the County within ten

(10) Business Days after the County posts the Notice of Intent to Recommend Award in the County Electronic Bidding System.

2.4.2.4 In lieu of the Performance and Payment Bonds required by this section, the successful Bidder may file with the County an alternative form of security which shall be in the form of Cash, money order, certified check, cashier's check, irrevocable letter of credit, or alternative securities of the type listed in Part II of Chapter 625, Florida Statutes. Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the Performance and Payment Bonds. The determination of the value or acceptability of such alternative forms of security shall be made by the County.

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2.4.3 Security Forfeiture

If within ten (10) Business Days after the issuance of the Notice of Intent to Recommend Award is posted in the County Electronic Bidding System, the successful Bidder refuses, or otherwise neglects to execute and deliver the required Agreement, or fails to furnish the required Performance and Payment Bonds, or acceptable alternative forms of security as stipulated herein, or any required Certificates of Insurance, the amount of the Bid security provided by said Bidder, whether cash, check, Bid Bond, or some other form acceptable to the County, or any combination of these, may be forfeited, and the Bidder may be excluded from further consideration for award of the Bid. The Director of Procurement shall have sole discretion to make the determination in the best interest of the County to rescind the Notice of Intent to Recommend Award and to reject the Bidder’s Bid. No plea of mistake in the Bid or misunderstanding of the conditions of forfeiture shall be available to the Bidder for the recovery of its Bid security, or as a defense to any action based upon the neglect or refusal to execute the required Agreement, and/or to furnish the required Bonds and/or applicable Certificates of Insurance as required by the Contract Documents.

2.5 Insurance, Contractor

See IFB-26-00286 Insurance Requirements Attachment B for more specific details regarding the type of coverage and amounts required.

2.5.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Contractor by the County.

2.5.2 The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

2.5.3 If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

2.5.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure

IFB-26-00286 Page 8 and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.5.5 Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time.

2.6 Liquidated Damages (Work Order)

2.6.1 When Contractor is in default for nonperformance within the stipulated Contract Time including any intermediate Milestone dates, Project Manager shall notify Contractor in writing within thirty (30) Days after the Contract Completion Date or intermediate Milestone Date, and deduct the liquidated damages in the amount stated in the Contract Documents from any monies due the Contractor. The deduction of liquidated damages shall be in addition to any retainage withheld. Additional liquidated damages may be indicated in the Specifications.

2.6.2 Liquidated damages for each Day that each milestone date is not met are as follows:

2.6.2.1 Milestone: Substantial Completion

2.6.2.1.1 * Days from Notice to Proceed date.

2.6.2.1.2 Amount of Liquidated Damages: $1,556.50 per Day

2.6.2.2 Milestone: Final Completion for Work Order

2.6.2.2.1 * Days from Notice to Proceed date.

2.6.2.2.2 Amount of Liquidated Damages: $896.50 per Day

* (Number of Days as determined in the individual Work Order)

2.6.3 Liquidated damages shall be assessed on each milestone separately until that milestone is completed, up to a maximum amount of $1,556.50 per day.

2.7 Additional Applicable Federal Contract Provisions

2.7.1 Since the Work to be performed under the resulting Agreement will be paid from federal funds provided under the Community Development Block Grant Disaster Recovery (CDBG-DR) Program, the Work is subject to the applicable federal contract provisions found under 2 CFR 200 and its Appendix, as well as other provisions relating to Community Development Block Grant (CDBG) and CDBG-Disaster Recovery (CDBG-DR) grants, IFB-26-00286 Page 9 including but not limited to the regulations at 24 CFR 570 as modified by the Community Development Block Grant Disaster Recovery Universal Notice: Waivers and Alternative Requirements at 90 Fed. Reg. 1754, and as further modified by the U.S. Department of Housing and Urban Development (HUD), including by HUD Memorandum 25-02 (published March 19, 2025) and HUD Memorandum 25-03 (published on March 31, 2025).

2.7.2 Within these Federal Contract Provisions, the Contractor will be referred to as “Contractor” or “contractor” and the County as “administering agency”. The Contractor agrees that these Federal Contract Provisions shall be part of and shall be automatically incorporated into the final contract. For further details, please see Additional Applicable Federal Contract Provisions – Attachment C.

2.8 Retainage

2.8.1 All progress payments shall be subject to a five percent (5%) retainage throughout the duration of the Contract. The County shall make payment to the Contractor within the time limits set forth in the "Approval of Payments" Clause, unless the County has grounds for withholding the payment of retainage. The County does not have to pay or release any amounts that are the subject of a good faith dispute or the subject of a claim brought pursuant to Section 255.05 Florida Statutes. Retainage may be withheld for deficiencies including, but not limited to, schedule slippage, delinquent submittals, Subcontractor non-payment (regardless of fault) or defective work as provided under the Contract. Remaining retainage shall be released as provided under Florida Statutes Section 218.735 (a) and Section 5.12.6 of this Contract. The Director, at his discretion, has the authority to reduce or release retainage held by the County.

2.8.2 When the County makes any payment of retainage to the Contractor which is attributable to the labor, services or materials supplied by one or more Subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those Subcontractors and suppliers.

2.8.3 If the Contractor elects to withhold retainage from its Subcontractors at a rate higher than five percent (5%), then the Contractor may not request the release of such retainage funds from the County.

2.9 Changes in the Work/Change Orders/Modifications

2.9.1 All additions, deletions, or revisions to the Contract shall be valid and enforceable only when authorized by a written Change Order or Modification Agreement approved and/or executed by the applicable authorized representatives of the County in accordance with County policy. Modification Agreements that are required to be approved by the Board of County Commissioners pursuant to County policy must be executed by the Contractor and the Chair of the Board of County Commissioners. Only upon receipt of a

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Change Order or Modification Agreement shall the Contractor be authorized to proceed with the Work involved. All such Work shall be executed under the applicable terms and conditions contained in the Contract Documents.

2.9.2 Additional Work performed by the Contractor without the authorization of a Change Order or Modification Agreement will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time except in the case of an emergency as provided for herein. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents.

2.9.3 It is the Contractor’s responsibility to notify its Surety of any changes affecting the general scope of the Work/Services or change of the Contract Price, and the amount of the applicable Bond(s) shall be adjusted accordingly.

2.10 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a three (3)-year period (ending on the last Business Day of the final month) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement

(CPA).

2.11 Estimated Quantities

Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the Contract Period. The County does not guarantee a minimum total purchase. Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder/Proposer shall provide such requirements to the extent they are reasonable.

2.12 Hillsborough County Governmental Purchasing Council: Reference Laws of Florida 69-1112 and 69-1119

All Offers received by the County in response to this Solicitation Document shall be considered as Offers to members of the Hillsborough County Governmental Purchasing Council. Members, at their discretion, may utilize the Contract that results from this Solicitation Document. Members may purchase the goods, Services and/or Work under the same terms and conditions as the Contract between the Contractor and the County. Members will issue their own purchase orders, issue payments and coordinate the service locations with the Contractor, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies:

Children’s Board of Hillsborough County

City of Plant City

City of Tampa

City of Tampa Housing Authority

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City of Temple Terrace

Clerk of the Circuit Court

Expressway Authority

Hillsborough Area Regional Transit Authority

Hillsborough County Aviation Authority

Hillsborough County Board of County Commissioners

Hillsborough Community College

Hillsborough County School Board

Hillsborough County Sheriff

Property Appraiser

State Attorney’s Office

Supervisor of Elections

Tampa Palms Community Development District

Tampa Port Authority

Tampa Sports Authority

Tax Collector

2.13 Non-Exclusive Contract

Award of this Contract shall impose no obligation on the County to utilize the Successful Bidder/Proposer for all Services and/or Work of this type, which may develop during the Contract Period. This is not an exclusive Contract. The County specifically reserves the right to concurrently contract with other companies for similar Services and/or Work if it deems such action to be in the County's best interest.

2.14 Ordering

The County shall issue a Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA) to cover any goods, Services and/or Work to be furnished under this Contract. The County user departments will then issue Standard Purchase Orders against the BPA/CPA on an as-needed basis. The Successful Bidder/Proposer shall deliver the applicable goods, Services and/or Work only upon receipt of a Standard Purchase Order. No goods, Services and/or Work are to be

IFB-26-00286 Page 12 provided until a Standard Purchase Order is issued. However, any Standard Purchase Order issued PRIOR to the end of the Contract Period shall be completed, invoiced and paid after the expiration of the Contract. Orders shall be issued only during the Contract Period. The County reserves the right to modify the delivery location(s) identified throughout the Contract Period.

2.15 Work Orders

2.15.1 Upon identifying the need for work or project to be performed under this contract, the Project Manager, or other designated staff person, will meet with the Contractor to review the scope of work. This may also include an on-site visit.

2.15.2 Following this initial meeting, the Project Manager, or other designated representative, will provide the Contractor with a request for Work Order proposal together with written scope of work and/or Construction Documents and completion schedule.

2.15.3 Contractor’s Work Order Proposal. Within fourteen (14) Days of receipt of the request for Work Order proposal, the Contractor shall submit to the Project Manager a detailed Work Order proposal using the unit price as shown in the Bid Proposal multiplied by the actual quantities as agreed and/or shown in the final construction plan. The Contractor shall provide a detailed scope of work, shop drawing/sketches and any other information requested by the Project Manager or Professional to back up its estimate. For some work types, the Contractor may be required to submit details and calculations that are signed and sealed by a registered Florida Professional Engineer. The Contractor shall ensure that its proposal is complete using the applicable drawings/specifications and standards.

2.15.4 The Contractor may also be required to provide a work breakdown structure, including materials with manpower and equipment hours, if requested by the Project Manager or designated representative, to justify the cost of an Allowance Authorization (AAR). The Contractor’s Work Order Proposal shall include a Standard project cost sheet. The project cost sheet shall include quantified line items from the Bid proposal, along with any AAR items, supported by the appropriate documents and a permit allowance, if applicable. The project cost sheet shall itemize each part of the project scope, including the item number, description, unit of measure, quantity, cost per unit and extended total for each line item.

2.15.5 The detailed (Contractor-developed) statement of work must be supported by all necessary documentation to indicate that adequate planning to accomplish the required work has been performed. Costs for the preparation of Work Order proposals and supporting documentation shall be included in the Contractor’s bid proposal and will not be paid separately by the County.

2.15.6 The bid proposal shall serve as the basis for establishing the value of the Work to be performed on a unit price basis.

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2.15.7 As part of the price proposal, the Contractor shall also provide a construction schedule for completion of the Work.

2.15.8 The Contractor will update the CPM schedule, at the sole discretion of the Project Manager, when the Work or the contract time has changed appreciably.

2.15.9 The Contractor shall submit its proposal to the Project Manager, or designated representative, who will evaluate the proposal. The Contractor shall, upon request, meet with the Project Manager and/or designated representative to review the submitted proposal and shall, at the Project Manager’s request, enter into negotiations to develop an agreed upon price and schedule fully supported by complete back up documents. The Contractor shall submit a revised proposal and/or schedule, if necessary. If the proposal or revised proposal including construction schedule, is approved by the Project Manager and/or designated representative, a Work Order shall be issued to the Contractor. The Work Order shall serve as the Project Manager’s Notice to Proceed to the Contractor.

2.15.10 The amount specified on an individual Work Order constitutes the total compensation payable to the Contractor for performing the specified work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Work Order price. The Work Order price may only be changed by written revision to the Work Order. After a Work Order has been issued to the Contractor, it may be revised only for increases or decreases in work (or changes in scope) beyond that shown in the original Work Order scope and construction documents, as determined by the Project Manager. If, in the Project Manager’s opinion, increases or decreases in Work or changes to scope and/or time are required, the Contractor must provide a proposal for the same. The Project Manager will review the Contractor’s proposal and, if approved, will issue a revised Work Order.

2.15.11 If the Contractor desires to make a claim for a change in the price or time of an authorized Work Order, then any such claim shall be in writing and delivered to the Project Manager within fifteen (15) Days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Work Order price or time shall be determined by the Project Manager. Any change in the Work Order price or time shall be incorporated into an authorized revised Work Order and revised construction schedule.

2.15.12 The Project Manager, or his designated representative, reserves the right to reject any proposal, in which case the Project Manager, or his designated representative, shall have no obligation to issue the Work Order or revised Work Order.

2.15.13 Timeliness of Service. Since the primary goal of work order contracting is the speedy acquisition of construction services, Contractor responsiveness under the terms of this contract is paramount. Upon notification of a need for services, the Contractor shall acknowledge the request and be available for a meeting and/or site visit within three (3) Business Days. The Contractor shall provide a Work Order proposal, or any revisions thereof, within fourteen (14) Days after receipt of the request for Work Order Proposal, IFB-26-00286 Page 14 unless the County agrees to a time extension in writing prior to the response deadline. Upon County approval and issuance of a Work Order, the Contractor will commence with the Work and proceed in accordance with the Work Order schedule. The Work Order completion time shall not exceed the time specified in the Work Order. Failure to respond within the time(s) specified above may result in the Work being performed by others; and/or no further Work Orders being issued to the Contractor; and/or termination of the contract; and/or the filing of a claim by the County against the Performance Bond.

2.15.14 In the event the County and Contractor are unable to agree on a proposal, the County may reject the Contractor’s proposal and not issue a Work Order, or may issue a Work Order adjusting the Contractor’s proposal based on the County’s evaluation of scope and quantities represented in the Contractor’s proposal. If, in the Project Manager's opinion, additional unit price items or quantities are required to complete the project, a revised Work Order detailing the additional work will be issued. It shall be the Contractor's responsibility to notify the Project Manager, or his designated representative, if the additional quantities are likely to exceed the Work Order limit and obtain prior approval for the additional work.

2.15.15 In the event the County desires to change the scope of a Work Order and if the County and the Contractor do not arrive at a mutually acceptable increase or decrease in the Work Order price and/or schedule, the Project Manager may issue a revision to the Work Order based on the County's evaluation of scope and quantities. If, in the Project Manager’s opinion, additional unit price items or quantities are required to complete the project, a further revision to the Work Order detailing the additional work will be issued. The Contractor shall not use the lack of agreement on the revised price and/or schedule as a basis or cause to stop or otherwise delay the progress or completion of any of the work required pursuant to the Work Order.

2.15.16 If, after issuance of a Work Order, the Contractor refuses or otherwise fails to perform the Work, the County reserves the right to take any or all of the following actions:

2.15.17 Obtain the Work Order services from another contractor; and/or

2.15.17.1 Terminate the contract; and/or

2.15.17.2 Debar the Contractor from bidding for a period of up to twenty-four (24) months; and/or

2.15.17.3 File a claim against the performance bond.

2.15.18 If the Contractor believes there is good cause for not performing the requested Work, the Contractor shall submit such information in writing along with its refusal to perform the work, and may appeal an adverse decision to the Director.

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2.15.19 Pricing of Work Orders. Pricing of Work Orders shall be accomplished by multiplying the appropriate unit prices times the quantities of each line item required for the Work Order, to arrive at a pay quantity for that line item; all such line item pay quantities shall be added to arrive at the Work Order cost. After a Work Order has been issued to the Contractor, it may be revised only for additional work or changes in scope beyond that shown in the scope of work and construction documents as determined by the Project Manager. It shall be the Contractor's responsibility to advise the County and obtain a revised Work Order as prior approval for additional work beyond that specified in the Work Order and construction documents. The Contractor may use an automated spread sheet system for pricing purposes, provided the system is approved by the County.

2.16 Construction Apprenticeship Program

2.16.1 General Information

There is a shortage of skilled labor for construction projects. This shortage of labor results in delays, expenses, and other challenges to the County's construction projects.

Apprenticeships create opportunities for training and experience that will assist in ensuring that a trained workforce will be available for future County construction projects. By incentivizing the use of Apprentices for County Construction Contracts as provided for in Chapter 2, Article VI, Division 4, Sections 2-577 through 2-580, it is the intent of the Board of County Commissioners to increase the number of Apprentices used by Contractors, thereby creating opportunities that will result in an increase in the number of skilled workers available for future County construction projects. The County Administrator shall have the authority to develop policies and procedures applicable to the administration of the Apprenticeship Program as necessary.

2.16.2 This program will apply when:

2.16.2.1 The construction project funded by the County in an amount equal to or greater than $5,000,000.00 that involves the process of building, altering, repairing, improving, maintaining, or demolishing one ore more public facilities or buildings, or other public improvements of any kind to any real property or public facility owned or under the control of the County.

2.16.2.2 Construction Apprenticeship Program Incentive: “Incentive” for purposes of the County’s Construction Apprenticeship Program shall mean a monetary payment or credit of thirty percent (30%) of the amount expended by a Contractor or its Subcontractor(s) on Apprentice Costs on a Construction Contract up to a maximum amount of one hundred thousand dollars ($100,000.00) for a Construction Contract of less than twenty million dollars ($20,000,000.00) or up to a maximum amount of two hundred thousand dollars ($200,000.00) for a Construction Contract equal to or exceeding twenty million dollars ($20,000,000.00).

2.16.3 Participation Incentive Guidelines

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2.16.3.1 Subject to limitations and exceptions provided for in Chapter 2, Article VI, Division 4, Sections 2-577 through 2-580 of the Hillsborough County Code of Ordinances, and compliance by the Contractor with the requirements of this section and the Construction Contract, the County shall provide an Incentive on Construction Contracts when Apprentices are used on the Construction Contract.

2.16.3.2 The County shall provide the Incentive, when applicable, upon final completion of the project as part of the final payment due under the associated Construction Contract.

2.16.3.3 In order to qualify for the Incentive, the required documentation provided for in this division must be received, in a single package, by the County Administrator no later than thirty (30) calendar days from the final completion as defined in the associated Construction Contract.

2.16.3.4 Upon review and acceptance of the required documentation by the County, the Contractor shall include the Incentive amount as part of its final payment application under the Construction Contract. If applicable, the County shall provide the Incentive to the Contractor as part of the final payment within the timeframe provide under Section 218.735, Florida Statutes.

2.16.3.5 If the documentation required pursuant to this division is not received by the County Administrator within the time frame specified in this division, the Contractor shall not receive an Incentive.

2.16.4 Participation Incentive Exceptions

2.16.4.1 This division will not apply if:

2.16.4.1.1 It is prohibited by or in conflict with federal or state laws or the terms of a federal or state grant applicable to the construction project; or

2.16.4.1.2 The Board of County Commissioners determines that applying the division to the construction project Is not in the best interest of the County.

2.16.4.2 Required Documentation

2.16.4.2.1 In order to receive an Incentive, no later than thirty (30) calendar days from the final completion as defined in the associated Construction Contract, the Contractor shall:

2.16.4.2.2 Certify to the County Administrator that during the Construction Contract, the Contractor or its Subcontractor(s) used an Apprentice(s) on the Construction Contract; and

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2.16.4.2.3 Provide the County Administrator with the following documentation, in a single package, that demonstrates the use of an Apprentice(s) on the Construction Contract and provides the Apprentice Cost.

Documentation must include the Contractor or its Subcontractor(s) contact information; Apprentice name(s); Registered Apprenticeship Partners Information Data Systems (RAPIDS) registration number or Florida Department of Transportation’s On-the-Job Training identification data; certification from the Apprentice program that the Apprentice was in good standing during the Contract term; registered trade(s); and certified payroll reports for the Apprentice hours worked on the Contract showing the amount expended by the Contractor or its Subcontractors paying for work performed.

3. DEFINITIONS

The following words and expressions (or pronouns) shall, wherever they appear in this Solicitation Document and the Contract Documents, be construed as follows unless a different meaning is clear from the context.

3.1 Amendment(s), Addendum, or Addenda

"Amendment(s)", "Addendum", or "Addenda" shall mean the additional information and/or requirements concerning this Solicitation Document that are issued by the County, in writing, prior to the Close Date.

3.2 Agreement

"Agreement" shall mean the written agreement between the County and the Contractor covering the goods and/or Services to be provided and/or the Work to be performed pursuant to this Solicitation Document. The Agreement (if one is required for this particular Solicitation Document) will be attached to and made a part of the Contract Documents.

3.3 Application for Payment

"Application for Payment" shall mean the form issued by the managing County Department which is to be used by Contractor in requesting a progress or final payment and which is to include such supporting documentation as is required by the Contract Documents.

3.4 Apprentice

“Apprentice” for purposes of the Construction Apprenticeship Program shall mean any person who is enrolled and participating in an apprenticeship program registered with the Florida

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Department of Education or the United States Department of Labor, or a company-sponsored apprenticeship program approved by the Florida Department of Transportation.

3.5 Apprentice Costs

“Apprentice Cost” for purposes of the Construction Apprenticeship Program shall mean compensation paid by a Contractor or Subcontractor to an Apprentice, the cost of benefits paid by a Contactor or Subcontractor for an Apprentice, and payroll taxes paid by a Contractor or Subcontractor for an Apprentice.

3.6 Beneficial Occupancy

"Beneficial Occupancy" shall mean the status of completion of a specified portion of the Project which (in the opinion of the Project Manager as evidenced by a Certificate of Beneficial Occupancy) is sufficiently complete, in accordance with the Contract Documents, so that the County may utilize that portion for the purposes for which it was intended, when said use will not significantly interfere with the construction of the remaining (uncompleted) part of the Project.

3.7 Bid(s), or Bidder's Bid

"Bid(s)", "Bidder’s Bid”, "Proposal(s)", or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

3.8 Bidder

"Bidder" or "Proposer" shall mean any person, partnership, corporation or other entity or organization submitting a Bid, Proposal, or Quote to provide the goods, Services and/or Work solicited by the County in this Solicitation Document.

3.9 Board

"Board" shall mean the Board of County Commissioners of Hillsborough County, Florida.

3.10 Bond

"Bond" or "Earnest Money Deposit (EMD)" shall mean bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder/Proposer/Contractor and its Surety in accordance with this Solicitation Document and/or the Contract Documents.

3.11 Business Day

“Business Day" shall mean any day on which the County is open to the public.

3.12 Change Order

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“Change Order” A written order signed by the Chairman of the Board of County Commissioners authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

3.13 Close Date

"Close Date" shall mean the date and time set for delivery to the County of all Offers submitted in response to this Solicitation Document.

3.14 Construction Contract

“Construction Contract” shall mean a Contract between the County and a Contractor funded by the County in an amount equal to or greater than five (5) million dollars ($5,000,000.00) that involves the process of building, altering, repairing, improving, maintaining, or demolishing one or more public facilities or buildings, or other public improvements of any kind to any real property or public facility owned or under the control of the County.

3.15 Construction Services

"Construction Services" shall mean all labor and materials to be provided by Contractor in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. Construction Services also means Work.

3.16 Contract or Contract Documents

"Contract" or "Contract Documents" shall mean the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Equal Employment Opportunity and Affirmative Action Requirements, all Amendment(s) issued, the Offer, the Agreement (if applicable), all the attached documents identified in this Solicitation Document, all supplementary drawings issued after award of the contract, all Change Orders, all Allowance Authorization Releases, and all provisions required by law to be a part of the Contract Documents, whether actually inserted therein or not.

3.17 Contract Price

"Contract Price" shall mean the total monies payable to the Contractor under the Contract Documents.

3.18 Contract Purchase Agreement (CPA)

“Contract Purchase Agreement (CPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and additional terms and conditions of the Contract, if applicable.

3.19 Contract Time

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"Contract Time" shall mean the number of Days stated in the Agreement for Completion of the Work, including the performance of any Allowance Work authorized, and any Work approved by Change Order(s). The first day of the Contract Time is the Notice to Proceed Date shown in the Notice to Proceed.

3.20 Contractor

"Contractor" shall mean any individual, firm, corporation, partnership, company, association, joint venture, or other entity awarded a Construction Contract.

3.21 County

"County" shall mean the Board, and the Board acting by and through its authorized designees, agents and employees.

3.22 County Administrator

"County Administrator" shall mean Hillsborough County's County Administrator, or a designee identified by the County Administrator to perform certain functions on behalf of the County Administrator.

3.23 Day

"Day" shall mean one (1) calendar day when used in the Contract Documents, measured from midnight to the next midnight, unless the Contract Documents specifically say Business Day.

3.24 Defective

"Defective" shall mean an adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents.

3.25 Department

"Department" shall mean the Department or division within the County that is initiating and managing the Project.

3.26 Director

"Director" shall mean the Director of the Department or Division initiating and managing the Project.

3.27 Drawings

"Drawings" shall mean the drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the Professional.

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3.28 Electronic Bidding System

"El…