23-IFB-26-00399 Contract Terms and Conditions.pdf

Invitation for Bid Miscellaneous Parking Lot Repaving Services Term

Contract B

IFB No. 26-00399

IFB-26-00399 Page 1

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: IFB-26-00399

SOLICITATION TITLE: Miscellaneous Parking Lot Repaving Services Term Contract B

BRIEF DESCRIPTION: The Hillsborough County Facilities Management & Real Estate Services Department is seeking competitive sealed bids from experienced and qualified contractors to perform restoration of the pavement surfaces and parking elements for parking lots of Hillsborough County facilities and park sites.

DUE DATE & TIME: November 13, 2026, [2:00 P.M.] Eastern Time as recorded by the County’s Electronic Bidding System)

PRIMARY CONTACT: Sybil Tucker, Chief 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 Euna Procurement Support at 1-844-226-3862 or support.bonfire@eunasolutions.com.

mailto:support.bonfire@eunasolutions.com

IFB-26-00399 Page 2

● 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: This procurement requires the successful bidder to meet a subcontracting Small Business Enterprise (SBE) Participation Goal of 5% and is subject to the policies and procedures governing the County’s Small Business Encouragement Program. Please see Special Terms and Conditions for complete details and requirements.

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-26-00399 Insurance Requirements Attachment and Special Terms and Conditions. Please be aware of the required Additional Insured Endorsement. The contract must include an additional insured endorsement specifying Hillsborough County, its officers, employees, and agents as Additional Insureds. Please see page one of the Insurance requirements document.

SURETY (BONDS): Bid, performance, and/or payment surety are 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: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

IFB-26-00399 Page 3

1. SPECIFICATIONS

1.1. Scope

1.1.1 Hillsborough County Facilities Management & Real Estate Services Department requires an experienced and qualified contractor to perform restoration of the pavement surfaces and parking elements for parking lots of Hillsborough County facilities and park sites. The work may include, but will not be limited to the following: Milling of existing asphalt, overlaying existing asphalt parking lots, application of emulsified asphalt sealer, installation or replacement of wheel stops and traffic signs, installation or replacement of pavement markings and striping. The Contractor shall furnish all labor, materials and equipment for the accomplishment of all work as described in the specifications, as shown on plans if provided, and as directed by the Project Manager in accordance with the expressed or obvious intent of the Contract. The Contractor will perform work under Work Orders which will generally range from $10,000 to $150,000 in value.

Notwithstanding these thresholds, the County may require the Contractor to perform Work Orders, or revisions thereof, under $10,000 or in excess of $150,000.

1.2. Minimum Qualifications

1.2.1 The Contractor shall be a General Contractor or a Building Contractor who has satisfied all state and local requirements to be actively engaged in contracting. At the time of the bid submission, the Contractor must be certified with the Florida Construction Industry Licensing Board and/or Hillsborough County 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 the bid. For each Work Order, the Contractor and its intended subcontractor(s) must be licensed appropriately to perform the work.

1.3. Minimum Requirements

1.3.1 The Contractor shall specialize in asphalt paving and have their own equipment related to this type of work, to include wheeled or tracked asphalt paver machines, screeds, roller, compactors, cold planer and trucks/vehicles. The Contractor/ Bidder shall demonstrate successful experience in work similar in scope and magnitude to this contract. The work must be non-residential, commercial or institutional in nature. The representative jobs must be at least between $10,000.00 and $500,000.00 each in value.

The experience shall be limited to work completed by the Contractor/Bidder under its current license which will be used for this contract. Evidence of such experience must be submitted upon request. Individual experience of the Contractor’s/Bidder’s present or past personnel cannot be used to fulfill the Contractor’s experience or license requirements.

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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. 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.

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

IFB-26-00399 Page 5 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.

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

IFB-26-00399 Page 6 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.

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

IFB-26-00399 Page 7 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-26-00399 Insurance Requirements Attachment 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 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 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.

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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.

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

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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 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

IFB-26-00399 Page 10 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

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

IFB-26-00399 Page 11

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 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 The original unit bid prices shall remain firm for the initial one (1) year period.

Hillsborough County will allow a price escalation provision in this contract. Prices will be adjusted annually based on the Producer Price Index (PPI) published by the Department of Labor, Bureau of Labor Statistics, “Producer Price Index and percentage changes for Net Output of Selected Industries and their products, not seasonally adjusted, Asphalt Paving Mixture & Block Manufacturing. A cost escalation multiplier shall be determined using the following formula.

PPI2-PPI1

PPI1 x 100 = Percentage Change

“PPI1” = The published PPI for the month of the contract commencement notice, or month of the prior beginning contract year.

“PPI2” = The published PPI for the month (or most recent month published) ending the current contract year.

For Example: Using a Contract Commencement date of November 2025.

IFB-26-00399 Page 12

If the November 2024 PPI1 for, (Net Output of Selected Industries and their products, not seasonally adjusted, Asphalt Paving Mixture & Block Manufacturing.) is 175.5

And the November 2026 PPI2 for, (Net Output of Selected Industries and their products, not seasonally adjusted, Asphalt Paving Mixture & Block Manufacturing.) is 179.6

179.6 – 175.5

175.5 = .023 and .023 multiplied by 100 = 2.3%

Therefore, the total of all Work Order bid proposal line items used on a work order issued after the previous year would be increased by 2.3% to equal the actual Work Order amount. Percentages shall be made to the first decimal. In no event shall the escalation exceed (10%) percent.

If there is no published PPI for the month used for the calculation, then the most recent published month data shall be used.

2.15.2 The Contractor acknowledges that the actual value of Work Orders may be significantly less than the total award amount and agrees that it will not make any claims for damages or for loss of profits because of a difference between the award amount and the actual amount of Work Orders authorized.

2.15.3 Payment shall be based on the Work Order(s) authorized and the actual construction work performed by the Contractor.

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

IFB-26-00399 Page 13 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 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

IFB-26-00399 Page 14 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.

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

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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.

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.

2.17 Utilization of SBEs (Term Contracts)

2.17.1 General Information – This Section outlines the requirements/specifications for small business enterprise participation in any resulting contracts resulting from this solicitation pursuant to the County’s Small Business Encouragement Program (Hillsborough County Resolution No. R25-071). Small Business Enterprise (SBE) shall mean a business that is registered as a bona fide small business enterprise with the County or that has been granted reciprocal registration as a small business enterprise by the County.

It is the policy of the County’s Board of County Commissioners (BOCC) to encourage the participation of all responsible businesses in County contracting and procurement activities. The objective of the County’s Small Business Encouragement Program is to provide opportunities for the participation of SBEs in County procurement and

IFB-26-00399 Page 16 contracting activities and to encourage the participation of all responsible and eligible SBEs in these activities. In this regard, the Successful Bidder to whom any award of this solicitation is made shall take all necessary and reasonable steps to ensure that SBEs have the maximum opportunity to participate in this contract and shall be contractually obligated to meet the SBE participation goal established for this contract/project.

The County has established an overall annual goal of twenty percent (20%) for the participation of SBEs in all construction contracts valued at Two Hundred Thousand Dollars ($200,000) or more.

Failure of a Bidder to comply with the pre-award requirements set forth in this Section may result in the County’s rejection of the Bid. Failure of the Successful Bidder/Contractor to perform/comply with the applicable contractual requirements regarding the County’s Small Business Encouragement Program may constitute a material breach of the Contract and may result in termination of the Contract by the County.

2.17.2 SBE Participation Goal – The County’s Small Business Encouragement Program participation goal is detailed below:

2.17.2.1 Project Goal. In connection with this solicitation and its resulting Contract, a goal of 5% has been established for participation by SBEs as Subcontractors. The established goal shall be applied to the full monetary value of the Contract (excluding the value of possible alternates) and shall be reflected in the monetary portion spent on subcontracts for consulting and/or construction services to be awarded to those SBEs meeting Contract Specifications.

2.17.2.2 Eligible SBE Businesses. All firms identified in Bidder’s Bid must either be registered with the County as a SBE or be eligible for provisional reciprocal registration with the County by the Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. The enclosed listing of Hillsborough County-Registered SBE firms was used to determine the availability of SBE firms to establish the SBE participation goal for this solicitation only. For a current listing of Hillsborough County-Registered Small Business Encouragement Program firms, please visit the Small Business Encouragement Program’s online Directory at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program . This website also includes a link to a list of firms that have graduated from or been denied registration in the County’s Small Business Encouragement Program.

2.17.2.3 SBE Suppliers. With respect to the participation of SBE suppliers, credit toward the goal will be calculated as follows: Fifty percent (50%) of the total value of supplies furnished by a registered SBE will be credited toward the goals established for https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

IFB-26-00399 Page 17 the project/Contract provided that the supplier is not a manufacturer. If the SBE supplier also manufactures the product, then full credit (100%) will be given.

2.17.2.4 Term Contracts and Work Order (WORCS) Contracts. On Term Contracts or Work Order (WORCS) Contracts, the SBE goal shall apply to all work orders regardless of monetary value. If the Contract is extended or renewed, the SBE goal shall remain at the original goal unless the County has established a revised goal.

2.17.2.5 2nd and 3rd Tier Participation for Project over $20 Million. Bidders will be allowed to utilize second tier SBE participation (i.e., SBE subcontractor of 1st tier subcontractor) and third (3rd) tier SBE participation (i.e., SBE subcontractor of 2nd tier subcontractor) for goal attainment in projects/contracts valued at over Twenty Million Dollars ($20,000,000).

2.17.2.6 Obligation to Meet SBE Project Goal – The Successful Bidder who is awarded a contract resulting from this solicitation shall be contractually obligated to meet the overall SBE participation goal established for this Contract.

2.17.2.7 Contracts of $200,000 or More with no Goal. For Contracts for which no project goal was established (as evidenced by "N/A" appearing in the first blank in the above clause) because the project/Contract was estimated by the County at a price of less than Two Hundred Thousand Dollars ($200,000) but for which the Bid(s) received equal or exceed $200,000, the County's annual goal of twenty percent (20%) shall apply.

2.17.2.8 Contracts Less than $200,000 with a Goal. For Contracts for which a project goal is established but for which the Bid(s) received are less than Two Hundred Thousand Dollars ($200,000), the established goal shall not apply.

2.17.2.9 SBE-1 Form. Bidders must use the Subcontractors/Material Suppliers List- Construction Contracts (SBE-1 Form) included in this solicitation, if applicable, to document Bidders’ attainment of the SBE participation goal. The identification of all SBE businesses to be utilized on the project must be shown on this form. This form is the basis for determining whether the Bidder has met the SBE participation goal for this Contract/project.

2.17.2.10 Assistance to SBE Firms. Bidders shall undertake to provide information and assistance to SBEs for the purpose of facilitating proposals by said SBEs to provide Subcontractor services to the Bidders. These efforts shall include Bidders making the necessary and reasonable steps in selecting economically feasible portions of the work to be broken down to facilitate SBE participation. The County’s Small Business Enterprises Division may refer the Bidder to the appropriate County agency/department for technical assistance in identifying portions of the work that can be broken down for SBE participation.

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2.17.2.11 SBE Bidding as a Prime Contractor. Any SBE firm who submits a Bid as a prime Contractor on a construction project shall be subject to the same SBE Subcontractor participation goals as a non-SBE Bidder. This means that the SBE prime Contractor cannot use its own resources to meet the Contract/project’s SBE Subcontractor participation goal.

2.17.3 Registration/Reciprocity/Joint Venture

2.17.3.1 Registration – Registration as a SBE must be obtained by a Subcontractor by the Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. The County’s SBE Directory and a list of those firms that have graduated from the County’s Small Business Encouragement Program, as well as those firms who have been awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

2.17.3.2 Reciprocity - Provisional reciprocity shall be granted to SBE firms that have been principally domiciled (headquartered) within one (1) of the following Florida counties for a period of at least six (6) months: Hillsborough, Pinellas, Pasco or Hernando, and registered by a local city, county, or state jurisdiction located within one (1) of these counties. In order to be considered for provisional registration and be counted toward goal attainment, a letter of registration from the registering jurisdiction or copy of documentation evidencing registration by the registering jurisdiction must be submitted by the apparent low Bidder within five (5) Business Days of notification by the County of apparent low Bidder status. A reciprocal registration shall become effective on the date of Contract award and is only valid for one (1) six (6) month period from that date. All firms granted reciprocal registration who wish to continue to participate in the County’s Small Business Encouragement Program after the expiration of its reciprocal registration will be required to complete an application for registration to the County’s Program prior to the expiration of the six-month reciprocal registration period. The County’s SBE Directory and a list of those firms that have been previously awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

2.17.3.3 Joint Venture – A joint venture consisting of a SBE and a non-SBE functioning as a subcontractor and a second-tier subcontractor will be credited with SBE participation based on the SBE venturer’s percentage of participation in the work, risk and profits of the joint venture. Joint ventures shall be qualified in https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

IFB-26-00399 Page 19 accordance with the rules of the Construction Industry Licensing Board as required by Section 489.119, Florida Statutes. A joint venture with SBE component(s) must be approved by the County’s Small Business Enterprises Division in order for the SBE component’s involvement to be credited toward fulfilling the County’s SBE participation goal. The SBE component of the joint venture must be a County-registered SBE (i.e., registered as a SBE in the County’s Small Business Encouragement Program).

2.17.3.3.1 A Joint Venture Bidder must submit the following documents to the County’s Small Business Enterprises Division no later than ten (10) Business Days prior to the Close Date of this solicitation for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division:

2.17.3.3.2 A fully-executed…