5-ITB-25-00327 Contract Terms and Conditions.pdf

Invitation to Bid Marine Vessels Maintenance, Repairs and Parts

Supply Services

ITB No. 25-00327

ITB No. 25-00327 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-25-00327

SOLICITATION TITLE: Marine Vessels Maintenance, Repairs and Parts Supply Services

BRIEF DESCRIPTION: The Hillsborough County Fleet Management Department (FMD) seeks competitive sealed bids to establish a Contract with a qualified Contractor to provide ongoing and as-needed maintenance, repairs, and supply of parts services specifically for marine vessels and related equipment, for one (1)-year period.

DUE DATE & TIME: August 19, 2025, 2:00 P.M. Eastern Time (our clock)

PRIMARY CONTACT: Yuen Leones, Senior Buyer

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

TIMELINESS: To preserve the integrity of the competitive sealed bid process, bids submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your bid, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your bid, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

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

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

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

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

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

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

INSURANCE: Insurance coverage is required for this procurement. Please see Special Terms and Conditions for complete details and requirements.

SURETY (BONDS): Bid, performance, and/or payment surety is not required for this procurement.

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.

ITB No. 25-00327 Page 3

1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Fleet Management Department (FMD) seeks competitive sealed bids to establish a Contract with a qualified Contractor to provide ongoing and as-needed maintenance, repairs, and supply of parts services specifically for marine vessels and related equipment. The services outlined in this contract are essential to maintain vessels readiness, ensure compliance with safety and operational standards, extend the service life of assets, and ensure safe and support the various County departments that rely on marine vessels and related equipment for their day-to-day operations.

1.2. Applicable Terminology

The following terms shall be defined as follows:

1.2.1 Marine Vessels: Any watercraft used in marine environments, owned, leased, or operated by the County, including but not limited to boats, patrol vessels, rescue craft, personal watercrafts (PWCs) and workboats used to support departmental operations.

1.2.2 OEM Parts: Original Equipment Manufacturer (OEM) parts, components, and materials that are made by the manufacturer of the marine vessel meeting the original specifications.

1.2.3 Parts Supply: Provision of OEM or approved equivalent parts, components, or materials for repairs and maintenance, including inventory management and warranty handling.

1.2.4 Preventive Maintenance: Scheduled maintenance services performed to preserve vessel function, prevent breakdowns and ensure safe operation, according to manufacturer specifications or County requirements.

1.2.5 Corrective Repairs: Unscheduled maintenance or repair services performed to correct a defect, malfunction, or failure of any marine vessel or its components.

1.2.6 Quality Control: The process described by which the Contractor ensures that all services and deliverables meet the required standards, specifications, and performance expectations of the County through regular monitoring, inspections and corrective action as needed per County Contract Manager or Project Manager (PM) designated.

1.2.7 Contractor: The individual, company, or entity performing the services specified under this contract for the maintenance, repair, and supply of parts for marine vessels and related equipment.

1.2.8 County: The governmental entity referred to as the FMD (Fleet Management Department) within this Contract.

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1.2.9 Sublet Vendors: A third-party entity, approved in writing by the County, to whom the Contractor may delegate certain specialized services or tasks related to the maintenance or repair of marine vessels and related equipment, which the Contractor is unable to perform in-house due to the specialized nature of the work or equipment.

1.2.10 Emergencies: Unforeseen events that require immediate attention or response to prevent further damage, system failure, or loss of operational functionality. This includes, but is not limited to, situations like equipment breakdowns, system failures, or natural disasters such as hurricanes, where the immediate restoration of service is necessary to maintain critical operations.

1.2.11 Remedies: The rights and actions available to the County in the event of the Contractor's breach or failure to perform under this Contract. These actions are available to the County as per the terms outlined in this Contract for non-performance, failure to meet standards, or other contractual violations.

1.2.12 Central Florida: For purposes of the contract, it is including the following Counties:

Hillsborough, Pasco, Orange, Brevard, Seminole, Volusia, Osceola, Lake, Marion, Sumter, Pinellas, Manatee, Polk, Pasco, Hernando, and Citrus.

1.3. Minimum Requirements

1.3.1 The Contractor shall provide comprehensive maintenance, repair, and OEM parts supply services or equivalents approved by the County for County’s fleet marine vessels and related equipment, in accordance with the specifications set forth herein. These services shall be performed on a scheduled and as-needed basis to ensure safe, efficient and reliable operation of these assets. The services shall include, but not be limited to, preventive maintenance, corrective repairs, parts supply, and quality control.

1.3.2 Parts Supply

The Contractor shall supply and install OEM parts or approved equivalent parts required for the maintenance, repair, and operation of the County’s marine vessels and related equipment. The Contractor is responsible for ensuring the availability of all parts necessary to minimize downtime and keep marine vessels and related equipment operational. The Contractor shall ensure the supply and delivery of parts as follows:

1.3.2.1 Purchase and prompt delivery of marine vessels and related equipment parts.

1.3.2.2 Maintain an inventory of critical parts for high-usage units.

1.3.2.3 All parts supplied shall be covered under manufacturer warranty, with terms provided to the County.

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1.3.3 Preventative Maintenance

The Contractor shall perform scheduled preventive maintenance in accordance with manufacturer guidelines to ensure the continued operational integrity and longevity of the County’s marine vessels and related equipment. Preventive maintenance shall be mutually agreed upon by the County and the Contractor. The Contractor shall perform, at a minimum, the following preventive maintenance tasks (where applicable):

1.3.3.1 Inspection and lubrication of engines, steering, control systems

1.3.3.2 Inspection and maintenance of safety equipment, fuel systems, and fluid levels

1.3.3.3 Testing and servicing of batteries, bilge pumps, and onboard electronics

1.3.3.4 Review of a vessel’s hull integrity and critical marine hardware

1.3.4 Corrective Repairs

The Contractor shall perform corrective repairs to address any operational deficiencies, mechanical failures, or safety concerns. Corrective repairs shall be performed upon the County's request and as necessary to maintain functionality. The Contractor shall provide corrective repair services that include, but are not limited to, the following:

1.3.4.1 Diagnostics and repair of propulsion, electrical, fuel, or hull systems

1.3.4.2 Provide emergency repair response within one (1) hour of notification, unless otherwise agreed upon in writing (when applicable)

1.3.4.3 Disassembly and inspection of propulsion and mechanical systems

1.3.4.4 Reassembly and calibration of all systems to ensure optimal performance

1.3.4.5 Replacement of major components, as needed, and installing of new equipment in accordance with OEM specifications.

1.3.4.6 On-site service depending on severity and logistics

1.3.5 Quality Control

The Contractor shall maintain and apply effective quality control procedures to ensure that all services performed under this Contract are completed accurately, safely, and in accordance with manufacturer specifications and industry standards. The County reserves the right to conduct periodic reviews, including inspections and documentation checks to verify that work is being performed correctly and consistently. Any deficiencies identified through these quality control measures must be promptly corrected at no

ITB No. 25-00327 Page 6 additional cost to the County. Repeated or unresolved deficiencies may result in documentation of non- performance and potential Contract remedies.

1.3.6 Marine Vessel Manufacturer Requirement

The Contractor shall be an authorized marine vessel service provider and demonstrate extensive experience with servicing marine vessels and related equipment.

Documentation of these qualifications must be provided to the County prior to Contract execution. The Contractor must:

1.3.6.1 Employ trained technicians with formal training in marine systems and components.

1.3.6.2 Perform services in-house or through approved sublet vendors as necessary (if applicable).

1.3.6.3 Maintain all necessary qualifications and certifications.

1.3.6.4 Provide documentation of experience and capabilities before Contract execution.

1.3.7 Local Repair Facilities

The Contractor shall maintain repair facilities within a reasonable proximity to the County’s operational locations to facilitate timely repairs and minimize marine vessel and related equipment downtime. The Contractor shall maintain repair facilities that are reasonably located within the County’s service area to ensure that all services and repairs can be performed in a timely manner. The Contractor shall be responsible for ensuring that their facilities are adequately equipped to handle all necessary repairs and services as outlined in this Contract. Facilities must be:

1.3.7.1 Properly equipped for maintenance and repair services

1.3.7.2 Staffed by trained marine vessel personnel during standard business hours and after-hours (if applicable).

1.3.8 Types of Equipment

The Contractor is contractually obligated to perform all necessary services, including but not limited to, preventive maintenance, corrective repairs, and OEM or equivalent parts supply for the County’s fleet of marine vessels and related equipment listed below, and additional marine assets added during the Contract term. These services shall be performed in accordance with the manufacturer's specifications and the industry’s best practices to ensure the optimal performance and longevity of the equipment. Types of equipment used by the County:

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2011 ROUGHNECK R1760 S/C JON BOAT

2013 YAMAHA F40JEA Boat Motor

2020 HONDA BF25D3LRT OUTBOARD MOTOR

2020 LOWE ROUGHNECK RX18CC BOAT

2020 MUNSON CATAMARAN 28'

2023 MERCURY 75HP SEAPRO CT TILLER OUTBOARD BOAT ENGINE

2024 MERCURY 200HP L OUTBOARD ENGINE

1.3.9 Authorized Brands

The Contractor shall be capable of providing comprehensive service, maintenance, and repairs on a variety of marine brands used by the County. All substitutions are subject to County review and written approval prior to the purchase and/or installation.

1.3.10 Geographic Proximity

To ensure timely response and service delivery, the Contractor shall maintain a physical business presence within Central Florida. This presence must include sufficient personnel, equipment, and logistical capacity to respond to service requests in accordance with the response times and performance standards set forth in this Contract.

The County shall not be responsible for delays in performance attributable to the Contractor’s failure to maintain adequate proximity or staffing. Noncompliance with the geographic proximity requirements set forth in this clause shall constitute a material breach of contract and may result in corrective action, including but not limited to issuance of a cure notice or termination for cause.

1.3.11 Fleet Locations

This Fleet locations list is subject to change by the Contract Manager or Project Manager at any time during the term of this Contract. Revision of this list will not require formal Contract modification. The Contract Manager or Project Manager shall notify the Contractor by way of e-mail or verbally regarding any changes to this list. The locations designated to receive services hereunder are:

1.3.11.1 Fleet Central/Headquarters - 410 South 78th Street, Tampa, FL 33619

1.3.11.2 Fleet West County Satellite Unit 2 - 9815 Sheldon Road, Tampa, FL 33635

1.3.11.3 Fleet South County Satellite Unit 3 - 10751 Rhodine, Road, Riverview, FL 33579

1.3.11.4 Fleet East County Satellite Unit 4 - 14081 Sydney Road, Dover, FL 33527

1.3.11.5 Fleet Fire Rescue Unit 5 - 9430 E. Columbus Drive, Tampa, FL 33619

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1.3.12 Qualifications and Certifications

The Contractor shall possess and maintain all necessary certifications and qualifications required to perform the services under this contract in compliance with applicable laws, regulations, and marine industry standards. The Contractor shall provide evidence of all necessary certifications and qualifications upon request by the County and shall immediately notify the County of any changes to their certifications and qualifications status. The County reserves the right to terminate this contract if the Contractor fails to maintain the required certifications and qualifications during the term of this Contract.

The Contractor agrees to provide verification of the following qualifications and certifications prior to the commencement of any services under this Contract:

1.3.12.1 Manufacturer Certification

The Contractor shall be a certified service and/or authorized provider for marine vessels and related equipment. The Contractor must be authorized to perform diagnostics, maintenance, repairs, warranty services, and parts replacement for all outboard engines, marine electronics, steering systems, and other vessel components. Proof of current manufacturer certification or authorization must be submitted to the County prior to commencement of any services under this Contract.

1.3.13 Minimum Performance Measures

The Contractor is contractually obligated to meet the following performance measures to ensure the timely, efficient, and effective execution of services under this Contract.

Failure to comply with these performance standards may result in penalties, corrective action, or other remedies as determined by the County.

1.3.13.1 Service Hours: Services shall be performed Monday–Friday, 7:00 A.M. – 5:30 P.M., Eastern Standard Time, excluding County holidays and weekends.

1.3.13.2 Response Time - Standard Hours: The Contractor shall respond to all non-emergency service requests within one (1) business day during normal business hours (Monday–Friday 7:00 A.M. – 5:30 P.M., Eastern Standard Time), excluding County holidays and weekends.

1.3.13.3 Repair Turnaround: Repairs shall be completed within one (1) business day after receipt of the standard purchase order (SPO), unless otherwise agreed in advance.

1.3.14 Warranty and Service Guarantee

The Contractor shall process all warranty claims directly with the manufacturer, eliminating the need for the County to pay for warranty repairs. All parts are warranted per manufacturer specifications for a minimum of one year, and all workmanship is

ITB No. 25-00327 Page 9 warranted for a minimum of one (1) year after service completion. The Contractor is not responsible for damage caused by misuse and neglect.

1.3.14.1 Parts Warranty: The Contractor guarantees new parts for the length of the warranty from the date of sale to the County. Any failure due to improper workmanship or materials will be replaced at no cost to the County. All parts must meet or exceed specifications.

1.3.14.2 Labor Warranty: The County will be the sole judge of workmanship quality. Any damaged material(s) shall be exchanged within 24 hours at no cost to the County. Only certified parts and technicians will be used, unless otherwise pre-approved by the County. The Contractor shall correct any defects in workmanship at no additional cost, with a minimum one (1) year warranty on labor.

1.3.14.3 Warranty Process: The Contractor shall handle all warranty claims directly with the manufacturers and provide necessary warranty repairs at no additional cost to the County.

1.3.14.4 Towing and Transportation Services (if applies): If a marine vessel or related equipment, provided under this Contract, becomes inoperable due to a defect or failure covered under the Contractor’s warranty, the Contractor shall, at no additional cost to the County, provide or arrange for all necessary towing or transportation services to and from the repair facility. Such services shall be performed in a timely manner so as not to delay the repair or continued use of the equipment. Failure to provide the required transportation for warranty-covered repairs shall constitute a breach of warranty obligations and may result in remedies as set forth in this Contract, including but not limited to withholding of payment.

1.3.15 Use of County-Authorized Parts Supplier

1.3.15.1 In the event the Contractor is unable to source the required marine parts through their own supply channels, the Contractor may, with prior approval from the County, obtain the necessary part(s) through the County’s Vehicle and Equipment Parts Management and Supply Vendor.

1.3.15.2 The Contractor shall only charge the County for labor associated with the installation or service. No markup or reimbursement shall be applied for the part itself when obtained through the County’s supplier.

1.3.15.3 All parts purchased through the County’s vendor must be properly documented and invoiced in accordance with County procedures.

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1.3.15.4 This provision is intended solely to ensure service continuity of and shall not substitute the Contractor’s responsibility to maintain access to authorized marine parts.

1.4. Subcontracting

1.4.1 The Contractor shall not subcontract, assign, or delegate any portion of the services or obligations under this Contract without the prior written consent of the County. All work shall be performed in-house by the Contractor’s own employees, utilizing the Contractor’s own equipment, tools, and facilities.

1.4.2 The use of third-party vendors, subcontractors, temporary labor providers, or any external entities to perform any portion of the work is strictly prohibited unless expressly authorized in advance and in writing by the County. The County reserves the right to review and approve or deny any subcontractor or third-party vendor proposed for such services.

1.4.3 Unauthorized subcontracting shall constitute a material breach of this Contract and may result in termination for cause, withholding of payment, or other remedies available to the County.

1.5. Communication

1.5.1 The Contractor shall maintain effective, timely, and continuous communication with the County throughout the term of this Contract. A qualified point of contact (POC), based in Central Florida, shall be designated by the Contractor to serve as the primary liaison and must be authorized to respond to service requests, provide updates, and make decisions.

1.5.2 The Contractor’s POC shall be accessible during normal business hours and available by phone and email within two (2) hours for emergencies. Similarly, the County shall assign a POC to ensure open communication between both parties. All service requests, updates, and emergency notices shall be communicated via phone, email, or other agreed-upon methods. Email will be the preferred method for non-emergencies, with responses expected within one (1) business day.

1.5.3 The Contractor shall provide regular updates on services, attend required meetings or site visits, and promptly report any issues affecting performance or compliance.

Written records of all communications, including emails, phone logs, and reports, must be maintained and made available to the County upon request. Failure to meet communication requirements—including responsiveness, reporting, or availability—shall be considered a material breach of contract and may result in corrective action, including withholding of payment, cure notices, or termination for cause.

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1.6. Remedies and Financial Consequences for Failure to Provide Service

In the event the Contractor fails to perform any required service under this Contract, including but not limited to timely repairs, maintenance, or other services related to marine vessels and related equipment, the County reserves the right to pursue the following remedies and impose financial consequences. These remedies are cumulative and non-exclusive; the exercise of any one remedy shall not preclude the County from exercising any other rights or remedies available under this Contract or applicable law.

1.6.1 Corrective Action: The County may issue a written notice to the Contractor specifying the failure and requiring the Contractor to correct the failure within a reasonable time frame, as determined by the County.

1.6.2 Third-Party Services: If the Contractor fails to cure the deficiency within the time frame specified by the County in a written notice, the County may obtain the required services from a third party. All reasonable and documented costs incurred by the County in procuring such services shall be deducted from any amounts due or payable to the Contractor under this Contract.

1.6.3 Withholding of Payment: The County may withhold payment for any services that are not performed, are improperly performed, or remain incomplete until the Contractor has fully and satisfactorily corrected the deficiencies in accordance with the Contract’s requirements.

1.6.4 Reimbursement of County Costs: If the Contractor’s failure to perform results in the County incurring additional costs—such as for rental equipment, third-party services, or other related expenses—the Contractor shall reimburse the County for all such documented costs.

1.6.5 Dispute Resolution: In the event of a dispute arising under this Contract, the parties agree to first attempt to resolve the matter through good-faith negotiations. If the dispute cannot be resolved within thirty (30) days, the contract will be subject to termination proceedings by the County.

1.7. Modifications

1.7.1 No amendment or modification to this Contract shall be valid or enforceable unless it is in writing, approved by the Board of County Commissioners, and executed by both the Board and the Contractor’s authorized signatory. Modifications may include, but are not limited to, changes in the scope of services, contract value, term, or any other material provision. All such modifications must be executed as a formal written amendment to this Contract.

1.7.2 However, adjustments to the contract value or budget line items may be permitted without a formal written amendment if such changes are within the approved contract

ITB No. 25-00327 Page 12 limits and the Board of County Commissioners has expressly authorized the Procurement Services Department to implement the adjustments administratively. In such cases, written documentation of the Board’s authorization shall be maintained by the County and shall serve as sufficient approval for the change. No verbal agreements or informal communications shall alter or supersede the terms of this Contract.

1.8. Invoicing

1.8.1 The Contractor shall provide a written quote for all requested work prior to performing any services. The quote must include a detailed description of the scope of work, itemized costs, and estimated totals. No work shall begin without prior written approval from the County based on the submitted quote.

1.8.2 Within two (2) business days of work completion, the Contractor shall provide a proper invoice for payment processing. A proper invoice must reference the approved pro forma and include all supporting documentation confirming satisfactory performance, such as delivery confirmations, service logs, and inspection signoffs. The County reserves the right to reject or delay payment for any invoice not preceded by a pro forma invoice, submitted prior to work verification, or lacking the required documentation.

1.8.3 If the County determines that an invoice contains errors, it will be returned to the Contractor for correction. The Contractor shall correct and resubmit the invoice within two (2) business days to ensure prompt payment and continued contract compliance. All final invoices shall be approved by the County prior to electronic submission and shall be submitted as follows:

1.8.3.1 Final invoice copy to the County upon work completion.

1.8.3.2 Original invoice submitted via email to

Countyfinanceinvoices@hillsclerk.com and Fleetserviceadvisors@hcfl.gov (For invoice processing only

1.9. Training

The Contractor may, at its discretion, offer optional training for the County’s personnel on the operation, maintenance, and troubleshooting of marine vessels and related equipment. Such training may be provided either on-site or off-site, as available, and shall be offered at a cost to the County, if applicable. The Contractor shall submit a detailed proposal, including the scope, schedule, and associated costs of any training services upon the County's request. Participation in any training provided by the Contractor shall be voluntary and not a requirement under this Contract.

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1.10. Post Award Conference

Following contract award and prior to the issuance of any work authorizations, the Contractor shall attend a post-award conference with representatives of the County’s Fleet Management Department (FMD). The purpose of this conference shall be to review contract requirements, establish points of contact, confirm operational procedures, and address any questions or concerns related to the execution of the Contract.

1.11. Preparation for Delivery

Delivery of the goods and/or performance of the Services and/or Work must be no later than 10 Days after Contractor's receipt of a Purchase Order from the County. The Contractor shall be solely responsible for all freight charges. Offers that propose delivery timelines that do not fall within the aforementioned delivery time frame will be subject to rejection.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance, in the amount of $25,000.00, will be added to the total Bid amount for unforeseen miscellaneous sublet services, fuel charges, shop supplies, fees, freight.

Commodities and/or Services ordered through the Allowance are limited to the items/services listed above. Costs for the commodities/services must be pre-approved by the County and deemed to be fair and reasonable by County staff.

2.2 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.

2.3 Insurance, Contractor

2.3.1 During the life of the Agreement, the Contractor shall provide, pay for and maintain insurance of the types and in the amounts described herein. All such insurance shall be provided by responsible companies with A.M. Best ratings of A-, Class 7 or better, authorized to transact business in the State of Florida, and which are satisfactory to the County.

2.3.2 All policies of insurance required by the Agreement shall require that the Contractor give the County thirty (30) Days written notice of any cancellation, intent not to renew, or reduction in coverage and ten (10) Days written notice of any non-payment of premium. Such notice shall be delivered by U.S. Mail to: Director, Risk Management Division, Hillsborough County, 601 E. Kennedy Blvd, Tampa, Florida 33602. In the event

ITB No. 25-00327 Page 14 of any reduction in the aggregate limit of any policy, the Contractor shall immediately restore such limit to the amount required herein.

2.3.3 All insurance coverages provided by the Contractor shall be primary to any insurance or self-insurance program of the County which is applicable to the Work provided for in the Agreement.

2.3.4 Receipt by the County of any Certificate of Insurance or copy of any policy evidencing the insurance coverages and limits required by the Contract Documents does not constitute approval or agreement by the County that the insurance requirements have been satisfied or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of the Contract Documents.

2.3.5 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.

2.3.6 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.

2.3.7 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.

2.3.8 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.

2.3.9 All Liability Insurance Policies, with the exception of Worker’s Compensation and Professional Errors and Omissions, obtained by the Contractor to meet the requirements of the Contract Documents shall provide that the County, its employees and agents shall be additional insureds under the Policy and shall also incorporate a Severability of Interest provision. All insurance coverages provided under this Section shall apply to all the Contractor's activities under the Contract Documents without regard for the location of such activity. Liability policies shall only be written on the Occurrence form.

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2.3.10 Coverage amounts and type of insurance shall conform to the following minimum requirements with the use of current Insurance Service Office form and endorsements or their equivalent.

2.3.11 Worker's Compensation and Employer's Liability Insurance. Coverage shall be maintained by the Contractor for all employees engaged in the Work, in accordance with the laws of the State of Florida.

2.3.12 The amount of such insurance shall not be less than:

2.3.12.1 Workers' Compensation - Florida Statutory Requirements

2.3.12.2 Employer's Liability:

$500,000.00 Limit Each Accident

$100,000.00 Limit Disease Each Employee

$500,000.00 Limit Disease Aggregate

2.3.12.3 Commercial General Liability Insurance. Coverage shall include, but not be limited to: Bodily Injury and Property Damage, Damage, Damage to Rented Premises, Medical expenses, Personal and Advertising Injury, and Products and Completed Operations:

$500,000.00 Bodily Injury and Property Damages - Each Occurrence

$50,000.00 Damages to Rented Premises - Each Occurrence

$5,000.00 Medical Expenses - Any One Person

$1,000,000.00 Personal and Advertising Injury - Each Occurrence

$1,000,000.00 Products/Completed Operations - Each Occurrence

$1,000,000.00 General Aggregate

$2,000,000.00 Products/Completed Operations Aggregate

2.3.12.4 Business Automobile Liability Insurance. Coverage shall be maintained by the Contractor as to the ownership, maintenance, and use all of its owned, non-owned, leased or hired vehicles (“any auto”) with limits of not less than:

2.3.12.4.1 Bodily Injury & Property Damage Liability: $300,000.00 Combined Single Limit Each Accident.

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2.3.12.4.2 All Risk Coverage: For Purposes of this Contract, Builder's Risk coverage is not required; and Installation Floater Coverage is not required.

2.3.12.5 Professional Liability/Errors and Omissions Insurance is not required.

2.3.12.6 Pollution/Environmental Liability Insurance is not required.

2.3.12.7 Cyber Liability is not required.

2.3.12.8 Marine Protection Liability Insurance is required. Combined single limit per occurrence shall be minimum $1,000,000.00.

2.3.13 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.

2.4 Optional Provision for Other Agencies

Unless otherwise stipulated by the Bidder/Proposer in its Offer, the Bidder/Proposer agrees to make available to all government agencies, departments, and municipalities the Offer prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document.

2.5 Purchase Order/Contract

By submitting an Offer, the Bidder/Proposer declares that it understands and agrees that Bidder’s/Proposer’s Offer in addition to the Specifications, the Instructions, the General Terms and Conditions, the Special Terms and Conditions, the Insurance and Bond requirements, any Amendment(s) issued and all applicable attachments to this Solicitation Document shall become a valid contract between the County and the Contractor upon approval of the contract award by the Board of County Commissioners (if applicable), upon approval of the contract award by the County Administrator (if applicable), or upon the County’s issuance of a Contract Purchase Agreement, Blanket Purchase Agreement, or Purchase Order, whichever occurs sooner.

2.6 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for one (1)-year period (ending on the last 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).

2.7 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

ITB No. 25-00327 Page 17 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.

2.8 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

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Tampa Palms Community Development District

Tampa Port Authority

Tampa Sports Authority

Tax Collector

2.9 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.

2.10 Termination for Convenience

In the event the County elects to terminate the Contract, the County shall provide the Contractor with notice of termination in writing by electronic and/or certified mail. The County shall pay the Contractor for any accepted goods, Services and/or Work provided by the Contractor to the County prior to the Contractor’s receipt of said termination notice.

3.0 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 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.

3.2 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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3.3 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.

3.4 Bidder

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

3.5 Blanket Purchase Agreement (BPA)

“Blanket Purchase Agreement (BPA)” 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 any additional terms and conditions of the Contract, if applicable.

3.6 Board of County Commissioners

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

3.7 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.

3.8 Business Day(s)

“Business Day(s) "shall mean Monday through Friday excluding public holidays.

3.9 Change Order

“Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County and Contractor authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time.

3.10 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.

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3.11 Contract or Contract Documents

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

3.12 Contract Price

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

3.13 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.

3.14 Contract Time or Contract Period

"Contract Time" or “Contract Period” shall mean the number of calendar Days stated in the Contract Documents for the completion of the Work and/or the provision of the goods and/or Services specified therein.

3.15 Contractor

"Contractor" shall mean the Successful Offeror, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees.

3.16 County

"County" shall mean the Board of County Commissioners, Hillsborough County, Florida, for whom the Contract is being performed.

3.17 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.

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3.18 Day(s)

"Day(s)" shall mean one calendar day.

3.19 Designee

"Designee" shall mean the person appointed by the Board of County Commissioners and/or the County Administrator to act on his/her behalf.

3.20 Earnest Money Deposit (EMD)

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

3.21 Electronic Bidding System

"Electronic Bidding System" shall mean the County’s Electronic Bidding System.

3.22 Invitation To Bid

“Invitation to Bid” shall mean the Solicitation Document issued by the County for the goods, Services and/or Work specified herein; and shall include the Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Requirements, and all Amendment(s) issued.

3.23 Minimum Specifications

"Minimum Specifications" shall mean the portion of the Specifications that address the technical requirements of the Work to be performed under this Contract including materials, equipment, and workmanship.

3.24 Modification Agreement

“Modification Agreement(s)” shall mean the written order to the Contractor authorizing an addition, deletion, or revision in the goods, Services and/or Work to be provided under the Contract Documents or an adjustment in the Contract Price issued after the award of and/or execution of the Contract/Agreement. Such written order must be 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.

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3.25 Notice

"Notice" shall mean a written notice for the County and the Contractor as set forth in this Solicitation Document and/or the Contract Documents.

3.26 Notice of Award

"Notice of Award" shall mean the written notice given by the County to the Successful Bidder/Proposer that said Bidder/Proposer has been selected by the County to provide the goods/Services and/or perform the Work specified in this Solicitation Document.

3.27 Notice to Proceed

"Notice to Proceed" shall mean the written notice given by the County to the Successful Bidder/Proposer and/or Contractor of the date for the Work to start and/or for the date of the Successful Bidder/Proposer and/or Contractor to provide the goods and/or Services specified in the Contract Documents.

3.28 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.

3.29 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.

3.30 Project

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

3.31 Project Manager

"Project Manager" shall mean the duly authorized representative of the Board of County Commissioners during the Contract Period.

3.32 Proposal(s)

"Proposal(s)" or "Bid(s)" or "Bidder’s Bid(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

ITB No. 25-00327 Page 23

Work to be performed, along with all other documents submitted by the Bidder/Proposer in response to this Solicitation Document.

3.33 Proposer

"Proposer" or "Bidder" 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.

3.34 Purchase Order

“Purchase Order” shall mean the County’s written document to the Contractor authorizing Work.

3.35 Quote(s)

"Quote(s)" or "Bid(s)" or "Bidder’s Bid(s)” or "Proposal(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.

3.36 Service(s)

"Service(s)" shall…