6-ITB-26-00073 Sand Delivered for Sandbag Operations.pdf

Invitation to Bid Sand Delivered for Sandbag Operations

ITB-26-00073

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SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00073

SOLICITATION TITLE: Sand Delivered for Sandbag Operations

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) seeks competitive sealed bids from experienced and qualified Contractors with a proven track record of supplying multiple types of sand, or equivalent materials, to deliver to various County locations and job sites on an ongoing and as needed basis. The Contract resulting from this Solicitation Document will be in effect for Three (3)-year period.

DUE DATE & TIME: March 27, 2026, 2:00 P.M. Eastern Time (our clock)

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

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

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

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 ITB-26-00073 Insurance Requirements Attachment and Special Terms and Conditions

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.

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Parks and Recreation Department (PRD) seeks competitive sealed bids from experienced and qualified Contractors with a proven track record of supplying multiple types of sand, or equivalent materials, to deliver to various County locations and job sites on an ongoing and as needed basis. Services are provided at a fixed price per ton. This price shall include, without limitation, all costs incurred, such as delivery, third-party charges (including toll and disposal fees), fuel surcharges, mileage rates, weighing fees, equipment rental, and any other related fees. The Contract resulting from this Solicitation Document will be in effect for a three (3)-year period.

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 Florida Department of Transportation (FDOT) Standard Specification that contain requirements setting out or relating to the method or manner of performing work or to the quantities and qualities of materials and labor Standard Specifications Library:

https://www.fdot.gov/specifications/standard-specification-library.

1.2.2 FDOT Soils and Foundations Handbook 2024, which provides a guide to the proper procedures in the performance of geotechnical activities Soils and Foundation Handbook:

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/materials/geotechnical/sfh2024.pdf?sfvrsn=b574e71d_1.

1.2.3 Occupational Safety and Health Administration (OSHA) standards https://www.osha.gov/law-regs.html

1.3. Minimum Qualifications

1.3.1 The Bidder/Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services in size and scope, reflecting a proven track record of delivering comparable projects.

1.3.2 The Bidder/Proposer or principal thereof shall have a facility or documented operational plans to respond and provide services within the timeframes detailed in this specification when contacted by the County.

1.4. Minimum Requirements

1.4.1 .The specifications contained in this section are intended to describe the goods, services and/or work to be provided by the successful Bidder. All material shall be Florida Department of Transportation (FDOT) approved per the most current edition of the FDOT

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Standard Specifications for Road and Bridge Construction and the most current edition of the FDOT Soils and Foundations Handbook.

1.4.2 Material Needed

1.4.2.1 Cement Mix, Silica Sand, - per FDOT Standard Specifications Section 902-

2.1 FDOT Standard Specifications - July 2016

1.4.2.2 If Cement Mix, Silica Sand is not available, the County Project Manager (PM) or a Designee will determine an equivalent product, and the Contractor will make the necessary arrangements.

1.5. Non-declared/Declared Emergencies

1.5.1 Non-declared Emergencies: a situation that requires immediate action to prevent disruption of essential County operations and any threat to the community and their access to County facilities. The Contractor shall respond onsite with requested sand within 24 hours of a non-declared emergency.

1.5.2 Declared Emergencies: at the declaration of an emergency, sand is required promptly to multiple locations sometimes within hours to quickly begin sandbag distribution operations for citizens. During these declarations the Contractor shall have the requested sand on the designated premises within four (4) hours of the request.

1.5.3 Only during a Declared Emergency, the Contractor may charge the declared emergency - expedite delivery fee (delivered within four (4) hours of County request), as specified in the solicitation’s bid table.

1.6. Safety

1.6.1 The Contractor's employees shall comply with applicable Occupational Safety and Health Administration (OSHA) standards The County reserves the right to dismiss from the County property, any Contractor employees who demonstrate inappropriate, questionable, and/or unprofessional behavior. The County reserves the right to refuse compensation to the Contractor which employee(s) demonstrated inappropriate, questionable, and/or unprofessional behavior which caused them to get dismissed from County premises.

1.6.2 The Contractor shall provide all reasonable measures necessary to safeguard property and persons from its operations herein. The Contractor shall ensure all personnel wear appropriate personal protective equipment. The Contractor shall immediately report to the PM or Designee all injuries and all damages occurring to public or private property resulting from the Contractor's performance hereunder. The Contractor shall repair/replace any such property at their own expense and shall not invoice the County for any such repairs.

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1.7. Damages

1.7.1 The Contractor shall be financially responsible for any and all damages to County and/or private property due to incompetence, deliberate/malicious actions, and/or honest mistakes. It is the obligation of the Contractor to report to the County Project Manager and Contracts Manager any and all damages within 24 hours or sooner should the matter be considered a safety hazard.

1.7.2 The Contractor shall pay to correct damage(s) and/or make repairs, at the discretion of the PM or Designee.

1.7.3 The County reserves the right to hire another Contractor and/or have County personnel correct the damage(s) and deduct from any pending payments to the Contractor with or without notice.

1.7.4 The County reserves the right to contact Contractor’s insurance agent and file against policy should the Contractor fail to respond, remedy and/or successfully resolve the complaints of damage from the County within three (3) calendar days.

1.8. Errors / Omissions in the Specifications

The apparent silence of this Specification and any addenda regarding any details or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best and legal commercial practices are to prevail. Only materials and workmanship of the highest quality are to be used, and all interpretations of this Specification shall be made based on this understanding.

1.9. Preparation for Delivery

1.9.1 Delivery of the goods and/or performance of the Services and/or Work must be no later than three (3) days, for normal delivery, and/or within four (4) hours, when a declared emergency is issued, 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.

1.9.2 The following delivery location(s) are required, but shall not be limited to, as the Contractor shall arrange additional delivery sites within Hillsborough County in agreement with the PM or County designee:

1.9.2.1 North Maintenance Unit: 1111 E 139th Ave, Tampa, FL 33613

1.9.2.2 Northlakes Sports Complex: 2640 N. Lakeview Dr., Tampa, FL 33618

1.9.2.3 Central Maintenance Unit: 5288 Eureka Springs Rd, Tampa, FL 33610

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1.9.2.4 Park Services Central Complex: 4115 S 66th Street, Tampa, FL 33619

1.9.2.5 Larry Sanders Sports Complex: 5855 S 78th Street, Tampa, FL 33619

1.9.2.6 South Maintenance Unit: 1626 Natures Way Blvd, Valrico, FL 33596

1.9.2.7 Ed Radice Sports Complex: 14720 Ed Radice Dr. Tampa, 33626

1.9.2.8 Edward Medard Conservation Park: 6140 Turkey Creek Rd, Plant City, FL 33567

1.9.2.9 EG Simmons Conservation Park: 2401 19th Ave, NW, Ruskin, FL 33570

1.10. Invoicing and Payments

1.10.1 The Contractor shall submit an invoice for services and/or commodities monthly and/or immediately subsequent successful delivery of the requested items. The Contractor is obligated to submit correct invoices within the County’s Fiscal Year without deviation. The County’s Fiscal Year is from October 1st through September 30th. The Contractor is required to submit invoices for completed work and/or furnished commodities on or before the 15th of September for any work performed/commodities furnished between October 1st and September 15th. There will be payment delays should the Contractor not submit invoices for rendered services and/or commodities by September 15th.

1.10.2 All invoices shall be sent via email to Countyfinanceinvoices@hillsclerk.com or Boccinvoices@hcfl.gov and include the following:

1.10.2.1 Invoices shall be itemized to indicate the name of location, full address, invoice number, invoice date, Contractor name & tax identification number and approved Purchase Order (PO) number.

1.10.2.2 Invoices shall demonstrate description of services provided pursuant to

Blanket Purchase Agreement (BPA) Line Items, to include unit of measure, pricing pursuant to the approved contract, quantities utilized and total amount due.

1.10.2.3 Each invoice, memo, and supporting documentation must be a separate attachment.

1.10.2.4 Invoices for services during declared emergency periods shall include the County representative's full name and position title who gave approval for services rendered

1.10.3 Invoices which are incomplete and/or lack required information shall be returned to the Contractor, which will delay the reimbursement process.

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1.10.4 Invoices should not contain Health Insurance Portability and Accountability Act (HIPAA) protected information, banking account numbers, social security numbers, or other confidential/sensitive information.

1.10.5 Additional information regarding invoice submittal, including email addresses can be found on the County’s Purchase Order (PO) under “Standard Purchase Order Terms and Conditions”.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance, in the aggregated amount of $15,000.00, will be added to the total Bid amount for unspecified equipment, remedial treatments, necessary additional services, and/or materials that may be required to successfully complete County operations as determined by the County.

Commodities and/or Services ordered through the Allowance are limited to the items/services listed above. All costs associated with such commodities and/or services must receive prior written approval from the County and be determined by County staff to be fair and reasonable.

2.2 Basis for Award (Multiple Contractors)

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

2.2.2 If the County makes multiple awards, the procedures for issuing Purchase Orders are as follows:

2.2.2.1 The PM or Designee will request, from the lowest priced awarded Contractor, their availability for delivery of the required quantities based on the unit prices submitted in the Contractor's Bid.

2.2.2.2 The Contractor shall respond to the PM’s request confirming availability.

2.2.2.3 If the Contractor’s availability does not meet the County’s needs, the PM will request the same from the next lowest priced awarded Contractor, and so on until the County’s order can be fulfilled.

2.2.2.4 A Purchase Order will then be issued.

2.3 Contract Provisions for Contracts Funded In-Whole or In-Part by Federal Funds where the Contractor is a Non-Federal Entity

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2.3.1 Access to Records and Work Site(s)

2.3.1.1 The Contractor agrees to provide the County, the person and/or entity that is the beneficiary of the commodities, Services or Work that is the subject of this Solicitation Document, the Federal Emergency Management Association (FEMA) Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2.3.1.2 The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

2.3.1.3 The Contractor agrees to provide the FEMA Administrator or his/her authorized representatives access to construction or other work sites pertaining to the Work being completed under the Contract.

2.3.2 Byrd Anti-Lobbying Amendment, 31 U.S.C. ss 1352 (as amended)

2.3.2.1 This subsection shall only be applicable to contract awards of One Hundred Thousand Dollars ($100,000) or more.

2.3.2.2 For the purpose of this subsection, “U.S.C.” shall mean the Code of Laws of the United States of America/United States Code.

2.3.2.3 Contractors who apply or bid for an award of One Hundred Thousand Dollars ($100,000) or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. ss 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

2.3.3 Clean Air Act and the Federal Water Pollution Control Act

2.3.3.1 This subsection shall only be applicable to Contract awards in excess of One Hundred and Fifty Thousand Dollars ($150,000).

2.3.3.2 For the purpose of this subsection, "U.S.C." shall mean the Code of Laws of the United States of America/the United States Code.

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2.3.3.3 For the purpose of this subsection, "FEMA" shall mean the Federal Emergency Management Agency.

2.3.3.4 Clean Air Act

2.3.3.4.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.

2.3.3.4.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in turn, report each violation as required to assure notification to the FEMA, and the appropriate Environmental Protection Agency Regional Office.

2.3.3.4.3 The Contractor agrees to include these requirements in each subcontract exceeding one hundred and fifty thousand ($150,000) dollars financed in whole or in part with Federal assistance.

2.3.3.5 Federal Water Pollution Control Act

2.3.3.5.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2.3.3.5.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in turn, report each violation as required to assure notification to the Contract Manager and the appropriate Environmental Protection Agency Regional Office.

2.3.3.5.3 The Contractor agrees to include these requirements in each subcontract exceeding one hundred and fifty thousand ($150,000) dollars financed in whole or in part with Federal assistance.

2.3.4 Compliance with Federal Law, Regulations, and Executive Orders

2.3.4.1 This subsection shall only be applicable if the Contract is funded in whole or in part by FEMA.

2.3.4.2 Contractor acknowledges and understands that FEMA financial assistance will be used to fund the Contract. Accordingly, the Contractor agrees that it shall comply with all applicable federal laws, regulations, executive orders, and FEMA policies, procedures and directives in its performance under the Contract.

2.3.5 Contract Work Hours and Safety Standards Act

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2.3.5.1 This subsection shall only be applicable to contract awards in excess of One Hundred Thousand Dollars ($100,000) that involve the employment of mechanics and/or laborers.

2.3.5.2 Overtime Requirements. No Contractor or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such Work to work in excess of forty

(40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than (1 ½) one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek.

2.3.5.3 Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in the “Overtime Requirements” paragraph of this subsection, the Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in the “Overtime Requirements” paragraph of this subsection, in the sum of ten ($10) dollars for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in the “Overtime Requirements” paragraph of this subsection.

2.3.5.4 Withholding for Unpaid Wages and Liquidated Damages. The Federal agency providing funding for the commodities, Services and/or Work that is the subject of this Solicitation Document and/or the County shall, upon its own action, or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from monies payable on account of Work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to the necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in the “Violation; Liability for Unpaid Wages; Liquidated Damages” paragraph of this subsection.

2.3.5.5 Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in the “Overtime Requirements,” “Violation;

Liability for Unpaid Wages; Liquidated Damages,” “Withholding for Unpaid Wages and Liquidated Damages,” through “Subcontracts” paragraphs of this subsection

ITB-26-00073 Page 11 and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in the “Overtime Requirements,” “Violation; Liability for Unpaid Wages;

Liquidated Damages,” “Withholding for Unpaid Wages and Liquidated Damages,” through “Subcontracts” paragraphs of this subsection.

2.3.6 Copeland “Anti-Kickback” Act

2.3.6.1 Contractor. The Contractor shall comply with 18 U.S.C. Section 874, 40 U.S.C. ss 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

2.3.6.2 Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above, and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

2.3.6.3 Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. subsection 5.12.

2.3.7 Davis-Bacon Act

2.3.7.1 This subsection shall only be applicable if the resulting Contract related to this Solicitation Document involves one or more of the following programs:

Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Non-Profit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and the Transit Security Grant Program.

This subsection shall not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

2.3.7.2 The Contractor shall comply with the Davis-Bacon Act (40 U.S.C. Sections 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5.

2.3.8 Debarment and Suspension

2.3.8.1 For the purpose of this subsection, “C.F.R.” shall mean the United States Code of Federal Regulations.

2.3.8.2 For the purpose of this clause, “Subrecipient” shall mean a non-Federal entity that receives a sub-award from the County to provide the commodities, Services and/or Work that is the subject of this Solicitation Document.

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2.3.8.3 This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. ss 180.995), or its affiliates (defined at 2 C.F.R. ss 180.905) are excluded (defined at 2 C.F.R. ss 180.940) or disqualified (defined at 2 C.F.R. ss 180.935) from participating in Federal assistance programs and activities.

2.3.8.4 The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C and must include a requirement to comply with these regulation in any lower tier covered transaction in enters into.

2.3.8.5 This certification is a material representation of fact relied upon by the Subrecipient. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County and the Subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

2.3.8.6 The Bidder or Proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this Offer is valid and throughout the period of any Contract that may arise from this Offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

2.3.9 DHS Seal, Logo, and Flags

2.3.9.1 For the purpose of this subsection, “DHS” shall mean the United States Department of Homeland Security.

2.3.9.2 The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

2.3.10 No Obligation by Federal Government

Contractor acknowledges and agrees that the Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the County, the Contractor, or any other party pertaining to any matter resulting from the Contract.

2.3.11 Procurement of Recovered Materials

2.3.11.1 For the purpose of this subsection, “EPA” shall mean the United States Environmental Protection Agency.

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2.3.11.2 In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the products cannot be acquired as follows:

2.3.11.2.1 Competitively within a timeframe providing for compliance with the Contract performance schedule;

2.3.11.2.2 Meeting Contract performance requirements; or

2.3.11.2.3 At a reasonable price.

2.3.11.3 Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

2.3.12 Program Fraud and False or Fraudulent Statements or Related Acts

2.3.12.1 For the purpose of this subsection, “U.S.C.” shall mean the Code of Laws of the United States of America/United States Code.

2.3.12.2 The Contractor acknowledges and agrees that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract.

2.3.13 Rights to Inventions Made Under a Contract or Agreement

2.3.13.1 This subsection shall only be applicable to contracts between the County and a Small Business Firm or Non-Profit Organization where the County is substituting parties or assigning the performance of experimental, developmental or research Work to said Small Business Firm or Non-Profit organization pursuant to a Funding Agreement between a Federal Agency and the County for the performance of such Work.

2.3.13.2 For the purpose of this subsection, “Funding Agreement” shall mean any contract, grant or cooperative agreement entered into between any Federal Agency, other than the Tennessee Valley Authority, and the County for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.

2.3.13.3 For the purpose this subsection only, a “Small Business Firm” shall mean a small business concern as defined at Section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this subsection only, the size standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12 shall be used.

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2.3.13.4 For the purpose of this subsection only, a “Non-Profit Organization” shall mean a university or other institution of higher education or an organization of the type described in Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute.

2.3.13.5 For the purpose of this subsection, “C.F.R.” shall mean the United States Code of Federal Regulations.

2.3.13.6 The Contractor acknowledges and agrees that this Contract shall be governed by and is subject to the provisions contained in 37 C.F.R. Part 401 which are incorporated herein by reference.

2.4 Insurance, Contractor

See ITB-26-00073 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

2.4.1 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.

2.4.2 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.

2.4.3 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.

2.4.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.4.5 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

ITB-26-00073 Page 15 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.

2.5 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.

2.6 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.

2.7 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a three (3)-year period (ending on the last 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).

2.8 Estimated Quantities

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

2.9 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:

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Children’s Board of Hillsborough County City of Plant City City of Tampa City of Tampa Housing Authority City of Temple Terrace Clerk of the Circuit Court Expressway Authority Hillsborough Area Regional Transit Authority Hillsborough County Aviation Authority Hillsborough County Board of County Commissioners Hillsborough Community College Hillsborough County School Board Hillsborough County Sheriff Property Appraiser State Attorney’s Office Supervisor of Elections Tampa Palms Community Development District Tampa Port Authority Tampa Sports Authority Tax Collector

2.10 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.

2.11 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. 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.

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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.

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)

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“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.

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

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"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.

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

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"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.

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.

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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 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 mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents.

3.37 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.

3.38 Solicitation Document

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"Solicitation Document" shall mean the solicitation 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.

3.39 Specifications

"Specifications” shall mean the detailed information set forth in the “Specifications” Section of this Solicitation Document describing and/or concerning the goods, Services and/or Work being solicited by the County via this Solicitation Document, including, but not limited to, any terms and conditions contained within the “Specifications” Section, any Amendment(s) issued related to the “Specifications” Section, and/or any drawings or maps relating to the “Specifications” Section of this Solicitation Document.

3.40 Subcontractor

"Subcontractor" shall mean any person, firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, materials, and/or equipment for the Work and/or Project to be performed that is the subject of the Contract Documents.

3.41 Successful Bidder/Proposer

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

3.42 Surety

"Surety" shall mean any corporation that executes, as surety, the Bidder’s/Proposer's Bid/Proposal bond, and/or any corporation that executed, as surety, the Contractor’s Bid/Proposal, performance, and/or payment Bond.

3.43 Unilateral Change Order

“Unilateral Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County 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 that does not require concurrence of the Contractor.

3.44 Work

"Work" shall mean any and all obligations, duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services, Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents, including, but

ITB-26-00073 Page 23 not limited to, the furnishing of all labor, materials, equipment and other incidentals contemplated by and/or related to the Contracted Documents.

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…