31-1. Terms and Conditions1.pdf

Invitation for Bid Bearss Ave at Florida Ave Intersection Improvements

IFB-26-00354

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: IFB-26-00354

SOLICITATION TITLE: Bearss Ave at Florida Ave Intersection Improvements

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from qualified vendors for Bearss Avenue at Florida Avenue intersection improvements including roadway widening to accommodate exclusive westbound to southbound right turn lane; milling and resurfacing; installation of miscellaneous drainage improvements; American Disability Act sidewalk and pedestrian curb ramp improvements; earthwork;

installation of traffic signal head(s) and relevant pedestrian features; and signing and pavement marking.

DUE DATE & TIME: October 7, 2026, [2:00 P.M.] Eastern Time as recorded by the County’s Electronic Bidding System)

PRIMARY CONTACT: Christy Perales, Senior Buyer

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

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

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

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

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

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

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

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

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 IFB-26-00354 Attachment J - Insurance Requirements and section 2.5 in the 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 is required for this procurement.

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

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

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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 Bearss Avenue at Florida Avenue Intersection Improvements is located in Section 36 Township 27S, and Range 18E in Tampa within Hillsborough County. This project includes roadway widening to accommodate exclusive westbound to southbound right turn lane; milling and resurfacing; installation of miscellaneous drainage improvements;

ADA sidewalk and pedestrian curb ramp improvements; earthwork; installation of traffic signal head(s) and relevant pedestrian features; and signing and pavement marking.

1.1.2 Please refer to all the attachments including Attachment I – Supplemental Specifications for further details on the types of services that may be requested.

1.2. Applicable Publications and Terminology

The following publication(s) of the issue in effect on date of this solicitation, forms a part of this specification:

1.2.1 This project is to be constructed utilizing Hillsborough County Public Works Standard Specifications for Construction October 2023, or most current published Edition;

1.2.2 Florida Department of Transportation (FDOT) Standard Plans for Road and Bridge Construction FY 2025-2026;

1.2.3 FDOT Standard Specifications for Road and Bridge Construction FY 2025-2026 (or most current) Edition; with the exception of Division I and Division II Sections 100 through 103 and 105;

1.2.4 Hillsborough County Public Utilities Water, Wastewater and Reclaimed Water Technical Specifications October 2023 (or most current) Edition;

1.2.5 Hillsborough County Stormwater Technical Manual October 2023 (or most current) Edition;

1.2.6 Tampa Electric Company Standard Electric Service Requirements 2019 (or most current) Edition;

1.2.7 ANSI-A300 American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management-Standard Practices (Root Management), and its companion publication Root Management, Best Management Practices by the International Society of Arboriculture, and the Supplemental Specifications herein.

1.2.8 Any conflict between the documents shall be resolved in accordance with the requirements of the Hillsborough County General Terms and Conditions.

1.3. Minimum Qualifications

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1.3.1 The Bidder or principal thereof shall demonstrate recent experience in providing substantially similar services.

1.3.2 At the time of the Close Date, the prospective bidder must have the following qualifications: the Contractor and/or Subcontractor must have active Certificate of Qualification from FDOT in the following work classes:

Traffic Signals; Flexible Paving; Sidewalk; Drainage; Roadway Signing; Pavement Marking

1.3.3 The Contractor and/or Subcontractor certification must remain current throughout the performance of the contract. A copy of the license shall be provided with its bid.

1.3.4 Any bid submitted by a Contractor whose FDOT certifications, including those of its Subcontractors, are not pre-qualified by FDOT shall be deemed non‑responsive and will be rejected by the County. Additionally, the Contractor shall submit a copy of the required certificate with the Bid Package.

1.3.5 In the absence of FDOT prequalification for the applicable specialty classes, the Contractor and/or its subcontractors shall submit recent, verifiable, and acceptable documentation demonstrating relevant experience and qualifications in such specialty classes for County review and approval. The Contractor and/or its subcontractors shall maintain all required certificates in current and active status for the duration of the Contract. Copies of all required certificates for the Contractor and any subcontractors shall be submitted with the Bid.

1.3.6 Any bid submitted by a Contractor that fails to meet the minimum qualification requirements set forth in Section 1.3.2, including the required FDOT prequalification in the major work classes and either FDOT prequalification in the applicable specialty work classes or submission of acceptable, verifiable documentation demonstrating qualifications in the applicable specialty work classes, shall be deemed non-responsive and shall be rejected by the County.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance in the amount of $0.00 for permits and $114,896.08 for Allowance Authorization shall be added to the total Bid amount.

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

IFB-26-00354 Page 6 invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the Work, as altered, the same as if it had been a part of the original Contract.

2.2.2 The term "significant change" applies only when:

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

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

2.3 Basis for Award (Overall Low)

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

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

2.4 Bonds

2.4.1 Earnest Money Deposit/Bid Bonds and Other Bid Securities

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

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

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

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.

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

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

2.4.2 Performance and Payment Bonds

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

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

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

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

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

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

2.4.3 Security Forfeiture

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

2.5 Insurance, Contractor

See IFB-26-00354 Attachment J - Insurance Requirements 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.

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

2.6 Liquidated Damages

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

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

2.6.2.1 Milestone: Substantial Completion

2.6.2.1.1 260 Days from Notice to Proceed date.

2.6.2.1.2 Amount of Liquidated Damages: $1,976.00 per Day

2.6.2.2 Milestone: Final Completion

2.6.2.2.1 290 Days from Notice to Proceed date.

2.6.2.2.2 Amount of Liquidated Damages: $1,130.00 per Day

2.6.3 Liquidated damages shall be assessed on each milestone separately until that milestone is completed, up to a maximum amount of $1,976.00 per day.

2.7 Retainage

2.7.1 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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2.7.2 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.

2.7.3 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.

2.8 Changes in the Work/Change Orders/Modifications

2.8.1 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.

2.8.2 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.

2.8.3 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.

2.9 Construction Apprenticeship Program

2.9.1 General Information

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

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

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2.9.2 This program will apply when:

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

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

2.9.3 Participation Incentive Guidelines

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

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

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

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

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

2.9.4 Participation Incentive Exceptions

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2.9.4.1 This division will not apply if:

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

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

2.9.4.2 Required Documentation

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

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

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

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

3. DEFINITIONS

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

3.1 Amendment(s), Addendum, or Addenda

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

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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 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

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"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

“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

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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

"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.

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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.

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.

IFB-26-00354 Page 17

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

“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 Documents.

3.37 Offer(s)

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

3.38 Offeror

"Offeror" shall mean any person, partnership, corporation or other entity or organization that has submitted an Offer, Bid, or Proposal to the County in response to a procurement solicitation issued by the County to provide equipment, supplies, materials, or Services.

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3.39 Pay Quantity

"Pay Quantity" shall mean, when applicable, the estimated quantity multiplied by the unit price for each pay item specified in the Bid Proposal.

3.40 Professional

"Professional" shall mean the professional architectural/engineering firm designated to perform the design and/or resident engineer services for the Work by a prior agreement entered into between the County and said firm. At times, County staff may perform the design and/or resident engineer services for the Work and shall be considered the Professional in relation to the Work or portion of the Work.

3.41 Project

"Project" shall mean the entire action and/or improvement which is the subject of this Solicitation Document and/or the Contract Documents.

3.42 Project Manager

"Project Manager" shall mean an individual employed by the County and assigned to manage and administer the Project which is the subject of the Contract Documents. The Project Manager may designate in writing a Project Representative to perform certain duties and responsibilities as set forth in the Special Terms and Conditions.

3.43 Project Schedule

"Project Schedule" shall mean the schedule, showing the sequence and schedule of the Contractor's furnishing of all labor, services, equipment and materials for the Project. The Project Schedule shall be submitted by Contractor for review and approval of County within ten (10) Days after issuance of Notice of Award, but no later than pre-construction conference date. The Project Schedule may be amended, modified or revised only in accordance with the terms of the Contract.

3.44 Proper Invoice

"Proper Invoice" shall mean an invoice that conforms with all statutory requirements and all requirements specified in the Contract Documents.

3.45 Punch List

"Punch List" shall mean the approved list of incomplete and/or deficient Work that shall be completed by Contractor after Substantial Completion but before Final Acceptance can be certified by the Project Manager. The Punch List enumerates the items required to render

IFB-26-00354 Page 19 complete, satisfactory and acceptable all Work by the Contractor. The Punch List is developed by Contractor, County and Professional (if any) in accordance with the provisions of the Contract and within the time frames required therein. The Punch List essentially includes items of a minor nature; major items must be completed before Substantial Completion and cannot be considered to be Punch List work.

3.46 SBE

“SBE” shall mean an entity registered as a small business enterprise pursuant to Hillsborough County's Small Business Encouragement Program as set forth in the Board’s Resolution No. R25- 071and the County's corresponding Operational Procedures.

3.47 Schedule of Values

"Schedule of Values" shall mean a schedule showing all activities of the Work subdivided into component parts in sufficient detail to serve as the basis for measuring quantities in place and/or calculating amounts for progress payments during construction. The Schedule of Values shall be satisfactory in form and substance to the Project Manager. The Schedule of Values for a unit price contract is also called a Line Item Summary.

3.48 Site(s)

"Site(s)" shall mean the area(s) upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated as such by the County.

3.49 Specifications

"Specifications” shall mean those portions of the Contract Documents consisting of written (general or detailed) technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

3.50 Subcontractor

"Subcontractor" shall mean an entity or individual providing services to the County through a Contractor for all or any portion of the Construction Contract.

3.51 Submittals

"Submittals" shall mean all drawings, diagrams, illustrations, schedules, samples, test results, and other data which are specifically prepared by a Contractor, Subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other

IFB-26-00354 Page 20 information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work.

3.52 Substantial Completion

"Substantial Completion" shall mean the status of completion of the Work which, in the opinion of the Project Manager as evidenced by a definitive Certificate of Substantial Completion, is complete in accordance with the Contract Documents, except for minor outstanding items listed on the Punch List. Substantial Completion includes, but is not limited to, the following occurring:1) the Work can be safely utilized for the purposes for which it was intended; 2) all regulatory agency requirements are satisfied, including occupancy permits, operating certificates and similar releases, 3) all operational testing has successfully occurred; 4) all required training has successfully occurred; 5) all close-out documents (such as as-built drawings, certifications, warranties, guaranties, test reports, test logs, operational manuals, etc.) have been provided by Contractor and accepted by County; 6) permit acceptance by permitting agencies, if applicable.

3.53 Substitution

"Substitution" shall mean a product, service, component or system which is not equal to that specified, but is proposed by Contractor in lieu of that specified. The acceptability of a substitute shall be based on the data submitted and the benefit of the County. The Project Manager shall be the sole judge of acceptability.

3.54 Supplemental Drawings

"Supplemental Drawings" shall mean the drawings issued after the execution of the Agreement to explain further, to illustrate, or to show changes in the Work.

3.55 Surety

"Surety" shall mean any business entity that executes, as Surety, the Contractor's Bid, Performance, or Payment Bonds.

3.56 Work

"Work" shall mean the Work to be performed under this Agreement shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Agreement in strict accordance with the Specifications, schedules, Drawings, and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Professional from time to time during construction in explanation of said Contract Documents. The Work shall be complete, and all work, materials, IFB-26-00354 Page 21 and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to the County.

4. INSTRUCTIONS

4.1 Bid Submissions

4.1.1 The County shall only accept Offers through its Electronic Bidding System.

4.1.2 Offers delivered by non-electronic means, facsimile, electronic mail (e-mail) or electronic means other than through the County's Electronic Bidding System will not be considered

4.2 Non-Discrimination and Compliance with Laws

4.2.1 Bidder shall comply with the requirements of all applicable federal, state and local laws prohibiting discrimination and the rules, regulations, policies, and executive orders promulgated thereunder, all of which are incorporated herein by reference.

4.2.2 The County prohibits any person/business involved in County contracting and procurement activities, to discriminate on the basis of actual or perceived race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, or gender identity or expression.

4.2.3 Bidder shall comply with the requirements of all applicable federal, state and local laws and the rules, regulations, policies and executive orders promulgated thereunder, all of which are incorporated herein by reference.

4.3 Assignment of Contract

Bidder may not make any assignment of the resulting Agreement between the parties, in whole or in part, without prior written authorization as may be given at the sole discretion of the Board.

4.4 Availability

The successful Bidder must have sufficient personnel and equipment to perform as required by the Contract Documents. A pre-award survey may be conducted by the County to ascertain the availability of such. Should the County have reasonable doubt as to Bidder's ability to provide sufficient personnel and equipment to perform the Work, County may request specific assurance of Bidder's ability to perform. Bidder's failure to provide such assurance within the time specified by County may serve as basis for rejection of the bid.

4.5 Award of Contract and Rejection of Bids

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4.5.1 A contract will be awarded by the Board of County Commissioners to the lowest responsive and responsible Bidder, provided that Bidder's Bid/Proposal is considered (within the sole discretion of the County) reasonable and in the best interest of County. The successful Bidder to whom a contract is awarded will be so notified by County staff. County, however, at its sole discretion, reserves the right to reject any and all Bid/Proposals and to waive any informality concerning Bids/Proposals whenever such rejection or waiver is in the best interest of County. County, likewise, reserves the right to reject the Bid/Proposal of any Bidder who has previously failed to perform properly, or to complete on time, contracts of similar nature; who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded its obligations to Subcontractors, materialmen or employees. Ability of a Bidder to obtain a Performance Bond and/or Payment Bond shall not be regarded as the sole test of such Bidder's competency or responsibility.

4.5.2 No award of the contract shall be made until the successful Bidder has received a Notice of Intent to Recommend Award and has submitted certified copies of the Bonds shall be submitted to the County and any and all required Certificate of Insurance (with the exception of Builders Risk and Installation Floater, if required) within ten (10) Business Days of the issuance of such Notice and such other further documentation as may be required by the County as a condition precedent to such an award. Evidence of Builders Risk and Installation Floater when required acceptable to the County must be provided within ten (10) business days after the execution of the Contract by the County and in no instance, later than the start of the Work involved.

4.6 Bid Errors

Where Bid Proposals have erasures or corrections, each erasure or correction should be initialed in ink by the Bidder. County shall reject any Bid Proposal with such erasures or corrections where the accuracy or intent of said Bid Proposal as corrected cannot be determined by County staff. In the case of unit price contracts, if an error is committed in the extension of an item, the unit price as shown in the Bid Proposal will govern.