Invitation to Bid Contract Inspections for Maintenance of

Transportation and Stormwater Assets

ITB-26-00294

ITB-26-00294 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00294

SOLICITATION TITLE: Contract Inspections for Maintenance of Transportation and Stormwater Assets

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified contractors to provide contract administration and inspection of transportation and stormwater assets for a three (3) year period.

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

ISSUING DEPARTMENT DIRECTOR:

The Director of Procurement is considered the issuing department director for the purpose of Section 2-567(c) of the Hillsborough County Procurement Protest Policy and Procedures Ordinance.

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

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

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Euna Procurement Support at 1-844-226-3862 or support.bonfire @eunasolutions.com.

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

To be given consideration, such requests must be received no later than ten (10) 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- 00294 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.

DIGITAL ACCESSIBILITY COMPLIANCE:

Any and all information and communications technology developed, provided, procured, maintained, or otherwise made available under this Contract and intended for public access or use, shall comply with various accessibility standards. Please see General Terms and Conditions for complete details and requirements.

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Engineering & Operations Department is seeking competitive bids from experienced and qualified contractors with a proven and documented track record of inspection services for contract administration, inspection of transportation and stormwater assets, and other assigned projects of the Engineering and Operations Department, Transportation Maintenance Division (TMD).

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 Construction Training and Qualification Program (CTQP):

https://www.fdot.gov/construction/training

1.2.2 FDOT Specifications and Standard Plans:

https://www.fdot.gov/publications/publications.shtm

1.2.3 Hillsborough County Website: https://hcfl.gov/government/cip-projects-and-resources/publications-and-technical-bulletins/public-works-publications

1.2.4 Florida Stormwater, Erosion, and Sedimentation Control Training and Certification:

https://floridadep.gov/dear/florida-stormwater-erosion

1.2.5 Southwest Florida Water Management District Operation and Maintenance requirements: https://www.swfwmd.state.fl.us

1.2.6 National Pollutant Discharge Elimination System (NPDES) General Permit:

https://www.epa.gov/npdes/npdes-permit-basics

1.2.7 Florida Department of Transportation (FDOT) certification process for Intermediate Maintenance of Traffic (MOT): https://www.fdot.gov/roadway/ttc/ttch.shtm

1.2.8 CTQP Final Estimates Level I Certificate: https://www.fdot.gov/construction/training

1.2.9 CTQP Concrete Field Inspector Level 1 Certification:

https://www.fdot.gov/construction/training/ctqp/approvedproviders/ctqpapproved.shtm

1.2.10 Asphalt Paving Level 1 Certification:

https://www.fdot.gov/construction/training/ctqp/approvedproviders/ctqpapproved.shtm

1.2.11 CTQP Earthwork Construction Inspection Level 1 Certification:

https://www.fdot.gov/construction/training/ctqp/approvedproviders/ctqpapproved.shtm

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1.3. Minimum Qualifications

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

1.4. Minimum Requirements

1.4.1 Controlling Documents

Services provided by the Contractor shall comply with all County manuals, procedures, and memorandums.

1.4.2 Inspection Timeline

While no personnel shall be assigned until written notification by the County has been issued, the Contractor shall be ready to assign personnel within two (2) weeks of written notification. Throughout the duration of the contract, the Contractor shall maintain close coordination with the County in order to reduce the need for rescheduling inspection activities.

1.4.3 Work to be Performed and Reporting

1.4.3.1 The Contractor shall inspect and oversee stormwater maintenance and construction, asphalt resurfacing, concrete work, grading, handrail, fencing, guardrail, mowing and landscaping, street sweeping, tree trimming and removal, litter and debris removal, and additional work as needed.

1.4.3.2 The Contractor shall administer, monitor, and inspect the assigned projects to ensure the construction or maintenance activities are completed in reasonable conformity with the plans, specifications, and special conditions for each Release Purchase Order provided by the County Project Manager. This responsibility also includes schedule tracking and reporting on a weekly basis.

1.4.3.3 The Contractor shall observe the work to determine the progress and quality of work of the current Vendor, identify deficiencies, report significant decencies to the current Vendor and the County, and inform the County of corrected deficiencies, via email.

1.4.3.4 The Contractor shall advise the County Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of any Contract work and the corrective action that the Contractor has directed the current Vendor to perform. Work provided by the Contractor shall not relieve the current Vendor of responsibility for the satisfactory performance of the work being inspected.

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1.4.3.5 The Contractor shall exercise their independent professional judgment in performing their obligations and responsibilities under this contract. The Contractor shall work with the C o u n t y Project Manager to provide inspection findings and verify quantities for various maintenance projects, as well as performing asset inspections to determine the condition of existing stormwater and transportation assets.

1.4.4 Survey Control

1.4.4.1 The Contractor shall check the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along a project in order to:

1.4.4.1.1 Make and record such measurements as necessary to calculate and document quantities for pay items.

1.4.4.1.2 Make and record preconstruction and final cross and longitudinal section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project.

1.4.4.1.3 Perform incidental engineering surveys. The County Project Manager shall establish the specific survey requirements for each project prior to commencement.

1.4.5 On-Site Inspection:

1.4.5.1 The Contractor shall monitor the current Vendor's on-site activities and inspect materials and services of the work in accordance with the plans, specifications, and special conditions for the assigned project to determine that they are completed in reasonable conformity with such documents. The Contractor shall monitor all off-site activities and fabrication relevant to the work being inspected. The Contractor shall keep detailed accurate records of the current Vendor's daily operations and significant events that may impact work.

1.4.5.2 The Contractor shall review and approve the current Vendor's production schedule, enforce schedule conditions, and request a remediation plan should a project fall behind the original contract schedule.

1.4.5.3 The Contractor shall be responsible for the monitoring and inspection of the current Vendor's Work Zone Traffic Control Plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan. Contractors performing such services shall be qualified in accordance with the current Florida Department of Transportation (FDOT) certification process for Intermediate Maintenance of Traffic (MOT).

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1.4.5.4 The Contractor shall be responsible for reviewing and approving the current Vendor's MOT Control Plans for each stage of work.

1.4.6 Project Services:

1.4.6.1 The Contractor, at the direction of the County Project Manager, shall coordinate the administration activities of all parties other than the County involved in completing the project. Notwithstanding the above, the Contractor is not liable to the County for failure of such parties to follow written direction issued by the Contractor.

1.4.6.2 Services include maintaining the required level of observation of County activities, interpreting plans, specifications, and contract documents for the contract, maintaining complete, accurate records of all activities and events relating to the project, preparing daily field reports on County forms, and properly documenting all significant project changes.

1.4.6.3 The Contractor shall schedule and attend a kick-off meeting for the project. The Contractor shall provide appropriate staff to attend and participate in the meeting. The Notice to Proceed is normally issued on the date of the kick-off meeting with a Service Purchase Order (SPO). The Contractor may also be required to attend general project meetings as directed by the County Project Manager.

1.4.6.4 The Contractor shall record a complete and concise record of the proceedings of the kick-off meeting and distribute copies of this summary to the participants and other interested parties within seven (7) days of the kick-off meeting. The Contractor shall submit the work plan for personnel approval for staff needs and a list of the final negotiated staffing to the County Project Manager at this meeting.

1.4.6.5 The Contractor shall prepare a payment application spreadsheet, in the County's format, for use in approving pay quantities and for the Contractor’s invoicing that will be provided at the start of each Release Purchase Order (RPO) issued by the County Project Manager.

1.4.6.6 The Contractor shall analyze the current Vendor's schedule(s) (i.e.

baselines, revised baselines, updates, as-built, etc.) for compliance with the current Vendor’s contract documents. Elements including, but not limited to, completeness, logic, duration, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. The Contractor shall verify the schedule conforms with the construction phasing and MOT sequences, including all modifications. The Contractor shall provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity duration, errors in logic, and any other concerns.

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1.4.6.7 The Contractor shall verify whether the County is conducting inspections, preparing reports, and monitoring all stormwater pollution prevention measures associated with the project. For each project that requires the use of the National Pollutant Discharge Elimination System (NPDES) General Permit, the Contractor shall provide at least one (1) inspector who has successfully completed the Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors.

1.4.6.8 The Contractor shall analyze problems that arise on a project and proposals submitted by the current Vendor, work to resolve such issues, and process the necessary paperwork.

1.4.6.9 The Contractor shall produce reports, verify quantity calculations, make field measurements for payment purposes as needed to prevent delays in County operations, and ensure prompt processing of such information for the County to make timely payment to the current Vendor.

1.4.6.10 The Contractor shall prepare and make presentations in connection with any disputes or claims regarding the project covered by this contract.

1.4.6.11 The Contractor shall monitor each of the current Vendor's compliance with specifications and contract documents regarding payment of predetermined line items from the appropriate contract in accordance with County procedures provided by the County Project Manager.

1.4.6.12 The Contractor shall electronically document the pre-construction conditions throughout the project limits and shall provide a digital photo log or video of project activities, with emphasis on potential claim items/issues and on areas of real/potential public controversy. This documentation may be made via mobile device, tablet, or digital camera. A video using professional video equipment is not necessary.

1.4.6.13 The Contractor shall have equipment for photographic documentation of noteworthy incidents or events to cover the following areas:

1.4.6.13.1 Pre-construction condition

1.4.6.13.2 Normal and exceptional progress of work

1.4.6.13.3 Critical path activities

1.4.6.13.4 Accidents of all types, including private vehicular accidents

1.4.6.13.5 Unsafe working conditions

1.4.6.13.6 Unusual construction technique

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1.4.6.13.7 Damaged equipment or materials

1.4.6.13.8 Any activity which may result in claims

1.4.6.14 These photographs shall be filed and maintained on the Contractor’s computer. Copies of photographs shall be electronically transferred to the County on a schedule approved by the County Project Manager.

1.4.6.15 The photographic documentation shall begin the day prior to the start of the project and continue regularly throughout the duration of the project.

Photographs shall be taken on the days of Conditional, Partial and/or Final Acceptance.

1.4.6.16 The Contractor shall coordinate weekly progress meetings at the site(s) and prepare to distribute minutes of these meetings.

1.4.6.17 The Contractor shall prepare and distribute a monthly progress report including County Project Manager schedule, cost/payment status, Quality Assurance / Quality Control concerns, and permit compliance.

1.4.6.18 The Contractor shall monitor, inspect, and document utility relocation self-performed by the current Vendor for conformance with Utility Agency's Standards and the Utility Agency's Approved Materials List provided by the current Vendor. The Contractor shall facilitate coordination and communication between Utility Agency's representatives, County's staff and current Vendors executing the work and identify potential utility conflicts and assist in the resolution of utility issues including County and Local Government owned facilities.

1.4.6.19 The Contractor shall monitor the current Vendor's compliance with specifications and special provisions of each Contract regarding payment of predetermined wage rates in accordance with County procedures.

1.4.7 Items to be furnished to the Contractor by the County

1.4.7.1 The County, on an as needed basis, will furnish the following Contract documents for each project. These documents may be provided in either paper or electronic format.

1.4.7.1.1 Construction plans

1.4.7.1.2 Copy of the Purchase Order

1.4.7.1.3 Copies of all permits issued for the projects(s)

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1.4.7.2 The Contractor shall have access to all files kept for the project by the County.

1.4.8 Items furnished by the Contractor

1.4.8.1 The Contractor shall provide all software and hardware necessary to carry out the responsibilities efficiently and effectively under this contract. The Contractor shall provide a laptop computer using a mobile broadband connection at the various jobsites. All laptops shall have, at a minimum, Microsoft 365 as required for this contract.

1.4.8.2 All computer data for inspections shall be entered by the Contractor using their equipment.

1.4.8.3 Ownership and possession of computer equipment and related software provided by the Contractor shall always remain with the Contractor. The Contractor shall retain responsibility for such equipment during the performance of this contract. Field office equipment shall be maintained and operational at all times.

1.4.8.4 The Contractor shall have a mobile phone and include, at a minimum, a GPS app approved by the County for the Project Manager to monitor Contractor daily movements and location.

1.4.9 Vehicles

All Contractor vehicles shall have the name and phone number of the Contractor visibly displayed on both sides of the vehicle.

1.4.10 Field Equipment

1.4.10.1 The Contractor shall supply survey, inspection, and testing equipment essential to perform services under this contract; such equipment includes non-consumable and non-expendable items.

1.4.10.2 Hard hats shall have the name of the Contractor visibly displayed.

1.4.10.3 Equipment described herein and expendable materials under this contract shall remain the property of the Contractor and shall be retained by the Contractor at the completion of the work.

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1.4.11 Licensing for Equipment Operations

The Contractor shall obtain and maintain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available for verification by the County, upon request.

1.4.12 Liaison Responsibility of the Contractor

1.4.12.1 The Contractor shall keep the County Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Contract and seek input from the County Project Manager to oversee their performance.

1.4.12.2 Contract duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, Authorized Allowance Requests, and Change Order Requests shall be reviewed and approved by the County Project Manager.

1.4.13 Performance of the Contractor

1.4.13.1 During the term of this contract and all supplemental amendments thereof, the Department shall review various phases of Contractor operations, such as construction inspection and administrative activities, to determine compliance with this contract. The Contractor shall cooperate and assist the Department’s representatives in conducting the reviews. If deficiencies are found, remedial action shall be implemented immediately. Department’s recommendations and Contractor responses/actions are to be properly documented by the Contractor. No additional compensation shall be allowed for remedial action taken by the Contractor to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following:

1.4.13.1.1 Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one (1) week of notification.

1.4.13.1.2 Immediately replace personnel whose performance has been determined by the Inspector and/or the County to be inadequate.

1.4.13.1.3 Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Inspector’s responsibility.

1.4.13.1.4 Increase the scope and frequency of training of the Contractor and personnel.

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1.4.14 Personnel General Requirements

1.4.14.1 The County, depending on the workload, may request up to six (6) Inspectors to carry out the responsibilities of this contract to work up to forty (40) hours per week, excluding County Holidays.

1.4.14.2 Requests for additional staff will be for actual job duties, as determined by the Project Manager, as well as availability of the Inspectors.

1.4.14.3 Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime. The Contractor shall provide pre-qualified personnel necessary to carry out its responsibilities efficiently and effectively under this contract.

1.4.15 Personnel

1.4.15.1 The Contractor shall provide competent personnel qualified by experience and education and shall submit, in writing, to the County Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each, containing at a minimum, their salary, education, and experience. Personnel identified in the contract shall be assigned and are committed to performing services under this contract. Personnel changes shall require written approval from the County. Personnel that have been removed shall be replaced by the Contractor within two (2) weeks of notification to the County. The County has the right to remove an inspector if performance does not meet County standards.

1.4.15.2 Before each project begins, all Contractor personnel shall have a working knowledge of the project schedule and scope and must possess all the necessary qualifications/certifications for performing the duties of the position they hold. Cross training of the Contractor’s personnel is highly recommended to ensure a knowledgeable and versatile project inspection group but shall not be at any additional cost to the County and should occur as workload permits.

1.4.15.3 Once authorized, the Contractor shall establish and maintain appropriate staffing throughout the duration of this contract. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the County has received a regular acceptance letter.

1.4.15.4 The Contractor shall provide personnel while the contract is in effect. If operations are substantially reduced or suspended, the Contractor will reduce its personnel appropriately.

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1.4.15.5 If the termination of a contract requires the removal of the Contractor’s personnel from the project, the Contractor shall have a maximum of 10 days to demobilize, relocate, or terminate their personnel.

1.4.15.6 The Contractor shall provide inspection personnel meeting the following minimum qualifications and certification requirements:

1.4.15.6.1 High school graduate or equivalent

1.4.15.6.2 One (1) year of experience in construction inspections

1.4.15.6.3 CTQP Final Estimates Level I Certification

1.4.15.6.4 FDOT Intermediate MOT Certification

1.4.15.6.5 Florida Stormwater, Erosion, and Sedimentation Control Training and Certification

1.4.15.6.6 CTQP Concrete Field Inspector Level I Certification (Recommended)

1.4.15.6.7 Asphalt Paving Level I Certification (Recommended)

1.4.15.6.8 CTQP Earthwork Construction Inspection Level I Certification (Recommended)

1.4.16 Quality Records

The Contractor shall maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Contract. Records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. Records shall be available to the Engineering and Operations Department, upon request, during the contract term. Records shall be kept, filed, and shall be subject to audit review.

1.4.17 Contract Administration

1.4.17.1 With each monthly invoice submittal, the Contractor shall provide a Status Report for the contract. This report shall provide an accounting of the additional contract calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the contract/project completion date.

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1.4.17.2 When the Contractor identifies a condition that may require an amendment to the contract, the Contractor shall communicate this need to the County Project Manager for review, acceptance, or denial.

1.4.17.3 The Contractor is responsible for performing follow-up activities to determine the status of each assignment/project and shall inform the County Project Manager in writing.

1.4.18 Invoicing Instructions

1.4.18.1 The Contractor shall provide preliminary invoices to the County Project Manager for review prior to submission to Hillsborough County's Clerk's Office for payment requests.

1.4.18.2 If the Contractor cannot submit their monthly invoice on time, the Contractor shall notify the County, prior to the due date, the reason for the delay and the planned submittal date. Once submitted, the Contractor shall notify the County Project Manager, via e-mail, of the total delay in calendar days and the reason for the delay.

1.4.18.3 Preliminary invoices shall be submitted to the County in electronic format.

1.4.18.4 A Final Invoice shall be submitted to the County no later than the 30th day of the month following Final Acceptance of the individual project or as requested by the County.

1.4.19 Other Duties as Assigned

Other duties to be performed by the Contractor under the agreed upon line items may include, but are not limited to:

1.4.19.1 Inspecting existing assets to determine functionality and provide a scope for any repairs needed. Scope will be reviewed by the County Project Manager.

1.4.19.2 Inspecting Stormwater Ponds for compliance with the Southwest Florida Water Management District Operation and Maintenance requirements.

This activity shall be monitored by the County Project Manager.

1.4.19.3 The County Project Manager will supply the Contractor with a task list for inspection work, which may include maintenance work connected to unique projects. This task list shall be accomplished by the Contractor in a timely manner similar to the routine work that is assigned.

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1.5. Preparation for Delivery

Delivery of the goods and/or performance of the Services and/or Work must be no later than two

(2) Weeks 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 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.

2.2 Insurance, Contractor

See ITB-26-00294 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

2.2.1 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.

2.2.2 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.

2.2.3 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.

2.2.4 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.

2.2.5 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-26-00294 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.

2.3 Price Escalation/De-Escalation (CPI)

2.3.1 Any reference in the solicitation to price adjustments or price escalations shall mean price decreases as well as increases unless otherwise stipulated. Unit prices or rates in contracts that are longer than twelve (12) months and include a provision for price adjustments based on movement in the U.S. Department of Labor's Consumer Price Index for All Urban Consumers (CPI-U) (1982 84=100) may be adjusted annually (contract redetermination period). The awarded unit prices or rates will be effective for one (1) year beginning on the date of purchase order issuance or contract effective date, whichever is later. The awarded vendor may request unit price or rate adjustments no later than 30 days prior to the start of the next contract redetermination period. The unit prices or rates may be adjusted, up or down, based on the percentage movement of the “CPI for All Urban Consumers (CPI-U) 1982-84=100 (Unadjusted)” posted at https://data.bls.gov/cgi-bin/surveymost?bls.

2.3.2 The baseline index will be the month and year in which the contract begins. The adjustments will not be cumulative and will be computed from the original awarded (base) prices or rates. Adjustments shall be computed using the latest cited CPI-U that is published and available on the date the County receives the adjustment request in writing. The unit price(s) changed as a result of these adjustments shall become effective on the first day of the next contract redetermination period. Adjustments will not be retroactive or prorated. If an adjustment is requested during the term of the contract, the County reserves the right to also request an adjustment in the same prescribed manner, especially if the CPI-U decreases and it is deemed to be in the County's best interest. Price adjustments shall be accomplished using the simple percentage method, which will adjust the base rate by the same percentage as the percent change in the CPI- U. Following is an example of the calculation:

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Calculation Example

CPI2 = CPI-U at time of adjustment calculation (May 2019): 146.8 CPI1 = CPI-U at time base rate was awarded and set (June 2018): 143.4

CPI2/CPI1: 1.023

Base rate: $1,000.00 Multiplied by 1.023 Equals adjusted rate $1,023.00

For subsequent years, the base rate (CPI1) remains the same and the adjustment calculation will show the change from the base rate. Following shows the second adjustment using the example above:

CPI2 = CPI-U at time of adjustment calculation (May 2020): 140.6 CPI1 = CPI-U at time base rate was awarded and set (June 2018): 143.4

CPI2/CPI1: 0.980

Base rate: $1,000.00 Multiplied by 0.980 Equals adjusted rate $980.00

2.4 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 Business Day of the final month) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement

(CPA).

2.5 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.

2.6 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

2.7 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. County user departments will issue Standard Purchase Orders against the BPA/CPA on an as-needed basis. The Successful Bidder/Proposer shall deliver applicable goods, Services, and/or Work only upon receipt of a Standard Purchase Order. No goods, Services, and/or Work shall be provided until a Standard Purchase Order is issued. Any Standard Purchase Order issued prior to the expiration of the Contract Period shall remain valid after the Contract Period has expired and shall be governed by the terms and conditions of this Contract; all applicable goods, Services and/or Work provided after expiration of the Contract Period shall comply with the provisions of the Standard Purchase Order and shall be governed by the terms and conditions of this Contract. Orders shall be issued only during the Contract Period. The County reserves the right to modify the delivery location(s) at any time during the Contract Period.

2.8 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.

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3. DEFINITIONS

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

3.1 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.

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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.

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.

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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.

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

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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.

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.

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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 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.

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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

"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.

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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 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,…