22-1. IFB-26-00075 Terms and Conditions.pdf

Invitation for Bid LED Sports Lighting Retrofit & Installation Term

Contract B

IFB-26-00075

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: IFB-26-00075

SOLICITATION TITLE: LED Sports Lighting Retrofit & Installation Term Contract B

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from qualified Contractor(s) to perform the anticipated work of the retrofit of existing metal halide sports lighting systems to LED or the installation of new light-emitting diode (LED) sports lighting systems for a four (4) year term at any of Hillsborough County's various athletic ballfields and play courts that meets technical specifications. At a total estimated cost of $8,000,000.00.

DUE DATE & TIME: February 20, 2026 [2:00 P.M.] Eastern Time

PRIMARY CONTACT: Joseph Wright, 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 opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to

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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.

SBE GOAL: No required SBE goal was established for this solicitation.

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 Attachment A IFB-26-00075 Insurance Requirements.

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

[Please see Special Terms and Conditions for complete details and requirements.]

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.

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1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Facilities Management and Real Estate Services Department requires a qualified Contractor(s) to perform the anticipated work of the retrofit of existing metal halide sports lighting systems to LED or the installation of new light-emitting diode (LED) sports lighting systems at any of Hillsborough County's various athletic ballfields and play courts that meets technical specifications.

1.1.2 The work may include, but will not be limited to the following types of work:

1.1.2.1 Retrofit or installation of LED sports lighting luminaires;

1.1.2.2 Retrofit or installation of sports lighting poles;

1.1.2.3 Retrofit or installation of sports lighting control systems;

1.1.2.4 Installation or replacement of electrical distribution components;

1.1.2.5 Installation of supplemental electrical grounding and lightning protection as further described in Attachment B Supplemental Specifications Rev 1 and Attachment C Technical Specifications.

1.1.2.6 The Contractor will perform work under Work Orders which will generally range from $50,000.00 to $750,000.00 in value. Notwithstanding these thresholds, the County may require the Contractor(s) to perform Work Orders, or revisions thereof, under $50,000.00 or in excess of $750,000.00.

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 and/or its intended subcontractor(s) shall be approved installers or shall be certified by manufacturers of products and equipment meeting all requirements found in Attachment B Technical Specifications.

1.2.3 At the time of the bid closing, the Bidder shall be a licensed Electrical Contractor who has satisfied all state and local requirements to be actively engaged in contracting.

Contractor must be certified with the Florida Construction Industry Licensing Board prior to issuance of Notice of Commencement of the contract. The Contractor's license must remain current throughout the performance of the contract. A copy of the license shall be provided with its bid. For each Work Order, the Contractor and its intended subcontractor(s) must be licensed appropriately to perform the work. In addition, the

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Contractor and/or its intended subcontractor(s) shall be approved installers or shall be certified by manufacturers of products and equipment whenever required by the Construction Documents/Scope of Work per the specific Work Order.

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 $100,000.00 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. However, in the event that only one (1) bidder is awarded then the total allowance for NPI’s will be $200,000.00 which represents the maximum amount that may be expended 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 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.

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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 (Multiple Contractors)

2.3.1 The County reserves the right to award one (1) or more Contracts to the responsive and responsible Offeror(s) meeting specifications who submits the lowest total bid price, based on the estimated quantities included herein.

2.3.2 If the County makes multiple awards, the procedures for issuing Work Orders are as follows:

2.3.2.1 The County will develop a preliminary scope, schedule, and cost estimate for each task order. The Project Manager will request, from one or multiple awarded Contractor(s), their cost (based on the unit prices which are the maximum guaranteed prices submitted in the Contractor's offer), scope, and schedule.

2.3.2.2 The Contractors will return the task order quote to the Project Manager prior to the deadline stated in the task order.

2.3.2.3 The Project Manager will determine the overall best value on the Contractors price submittal, scope, and schedule.

2.3.2.4 A Work Order will then be issued.

2.3.3 If it is determined to be in the best interest of the County, a project Work Order may be awarded to the Contractor with the overall best value for the completion of the Work.

2.3.4 Award will be based on up to two (2) separate contracts. Lowest submitted bid award will be $4,500,000.00 ($4,400,000.00 + $100,000.00 NPI Allowance). Second lowest bid award will be $3,500,000.00 ($3,400,000.00 + $100,000.00 NPI Allowance). However, in the event that only one (1) bidder is awarded then the total amount of the award will be $8,000,000.00 ($7,800,000.00 + $200,000.00 NPI Allowance).

2.4 Bonds

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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.

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

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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.

2.4.3 Security Forfeiture

2.4.3.1 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

2.5.1 See Attachment A IFB-26-00075 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

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2.5.2 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

2.5.3 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

2.5.4 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

2.5.5 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 and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents

2.5.6 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 Jessica Lunsford Act

2.6.1 Non-instructional school district employees or contractual personnel who are permitted access on school grounds when students are present, must meet level 2 screening requirements as described in Florida Statutes Section 1012.32 and Section

1012.465. The Act focuses primarily on increasing the measures used to monitor sexual offenders or predators. However, part of the Act is specifically related to individuals with access to school district campuses. Hillsborough County Children Services, Head Start facilities and Park sites that serve the School Board have adopted this as policy.

2.6.2 Contractual personnel shall include any vendor, individual, Contractor, Sub- Contractor, or entity under contract with the school board or in this case Hillsborough County who work or may work in a child occupied area or space. The Contractor shall pay all costs associated with meeting the level 2 requirements. Be advised that this process may take up to thirty (30) Days.

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2.7 Liquidated Damages (Work Order)

2.7.1 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.

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

2.7.2.1 Milestone: Substantial Completion

2.7.2.1.1 * Days from Notice to Proceed date.

2.7.2.1.2 Amount of Liquidated Damages: $160.00 per Day

2.7.2.2 Milestone: Final Completion for Work Order

2.7.2.2.1 * Days from Notice to Proceed date.

2.7.2.2.2 Amount of Liquidated Damages: $90.00 per Day

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

2.7.3 Liquidated damages shall be assessed on each milestone separately until that milestone is completed, up to a maximum amount of $160.00 per day.

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.

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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 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 four (4)-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.

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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

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

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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 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 Price Escalation/De-Escalation (PPI)

2.15.1 Any reference in the solicitation to price adjustments or price escalations shall mean price decreases as well as increases unless otherwise stipulated. Unit prices or rates in contracts that are longer than twelve (12) months and include a provision for price adjustments based on movement in the U.S. Department of Labor's Producer Price Index (PPI) for Commodity and Service Groupings and Individual Items, Not Seasonally Adjusted, Lighting Fixtures may be adjusted annually (contract redetermination period). The awarded unit prices or rates will be effective for [one (1) year beginning on the date of purchase order issuance or contract effective date, whichever is later. The awarded vendor may request unit price or rate adjustments no later than 30 days prior to the start of the next contract redetermination period. The unit prices or rates may be adjusted, up or down, based on the percentage movement of the “Lighting Fixtures 1982=100 (Unadjusted)” (Commodity and Service Groupings and Individual Items, Not Seasonally Adjusted), posted at https://data.bls.gov/cgi-bin/surveymost?bls. Percentages shall be made to the first decimal. In no event shall the escalation exceed (6%) percent in any one

(1) year.

2.15.2 The baseline index will be the month and year in which the contract begins. The adjustments will not be cumulative and will be computed from the original awarded (base) prices or rates. Adjustments shall be computed using the latest cited PPI that is

IFB-26-00075 Page 13 published and available on the date the County receives the adjustment request in writing. The unit price(s) changed as a result of these adjustments shall become effective on the first day of the next contract redetermination period. Adjustments will not be retroactive or prorated. If an adjustment is requested during the term of the contract, the County reserves the right to also request an adjustment in the same prescribed manner, especially if the PPI decreases and it is deemed to be in the County's best interest. Price adjustments shall be accomplished using the simple percentage method, which will adjust the base rate by the same percentage as the percent change in the PPI.

Following is an example of the calculation:

Calculation Example:

PPI2 = PPI at time of adjustment calculation (May 2019): 146.8

PPI1 = PPI at time base rate was awarded and set (June 2018): 143.4

PPI2/PPI1: 1.023

Base rate: $1,000.00

Multiplied by 1.023

Equals adjusted rate $1,023.00

For subsequent years, the base rate (PPI1) remains the same and the adjustment calculation will show the change from the base rate. Following shows the second adjustment using the example above:

PPI2 = PPI at time of adjustment calculation (May 2020): 140.6

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PPI1 = PPI at time base rate was awarded and set (June 2018): 143.4

PPI2/PPI1: 0.980

Base rate: $1,000.00

Multiplied by 0.980

Equals adjusted rate $980.00

2.16 Work Orders

2.16.1 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.

2.16.2 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.

2.16.3 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.

2.16.4 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.

2.16.5 The detailed (Contractor-developed) statement of work must be supported by all necessary documentation to indicate that adequate planning to accomplish the required

IFB-26-00075 Page 15 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.

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

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

2.16.8 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.

2.16.9 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.

2.16.10 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.

2.16.11 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.

2.16.12 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.

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2.16.13 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, 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.

2.16.14 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.

2.16.15 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.

2.16.16 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:

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

2.16.17.1 Terminate the contract; and/or

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

2.16.17.3 File a claim against the performance bond.

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2.16.18 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.

2.16.19 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.

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

"Electronic Bidding System" shall mean County Electronic Bidding System.

3.29 Equal/Equivalent

"Equal/Equivalent" shall mean a product, service, component or system which is demonstrated, to the satisfaction of the Project Manager, to be equal to the product, service, component or system specified. The Project Manager shall be the sole judge of acceptability of an equal.

3.30 Field Order

"Field Order" shall mean a written direction to the Contractor from the Professional that modifies Drawings and Specifications without changing Contract Price or Contract Time.

3.31 Final Acceptance

"Final Acceptance" shall mean acceptance of the Work by County as evidenced by signature of the Project Manager upon the Certificate of Final Completion form. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the Project Manager has assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out, including completion of the Punch List.

3.32 Good Faith Efforts

“Good Faith Efforts” shall mean that the Contractor, without an intent to defraud or seek an unfair advantage, took all necessary steps to secure and maximize, consistent with the requirements of Hillsborough County Ordinance No. 21-17, the required percentage for apprentices on a Construction Project.

3.33 Nonconformance Report

"Nonconformance Report" shall mean written notice from the Project Manager to the Contractor reporting on an aspect of defective work which requires the immediate correction of same by the Contractor.

3.34 Notice

"Notice" shall mean a written notice. Notice shall be served upon the Contractor at the place of business given in the Contract Documents. Notice to the County or to the Project Manager shall be served at the office of the Project Manager.

3.35 Notice of Intent to Recommend Award

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“Notice of Intent to Recommend Award” shall mean the written notice issued by the County, using the message board within the County’s electronic bidding system, to the successful Bidder(s) specifying that compliance by the successful Bidder with the precedent conditions enumerated therein and within the time specified must be completed before a contract can be awarded and/or a Notice to Proceed with the Work will be issued.

3.36 Notice to Proceed

"Notice to Proceed" shall mean a written notice given by the Project Manager to the Contractor fixing the date on which the Contract Time will commence and the Contractor shall start to perform the obligations under the Contract…