6-ITB-26-00390 Disposal, Pumping, Cleaning, and Transportation of Leachate.pdf

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Disposal, Pumping, Cleaning, and Transportation of Leachate
Solicitation number
ITB-26-00390
Issued by
Hillsborough County, Florida

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This Invitation to Bid (ITB-26-00390) is issued by the Hillsborough County Board of County Commissioners in Florida seeking competitive sealed bids for pumping, cleaning, transportation, and disposal of leachate from two transfer stations. The County requires services at the Northwest County Transfer Station (NWTS) located at 8001 West Linebaugh, Tampa, FL 33625 and the South County Transfer Station (SCTS) located at 13000 U.S. Highway 41, Gibsonton, FL 33534 on an as-needed basis, along with quarterly trench pumping and cleaning services at SCTS. The services include removal of liquid material, suspended solids, and sludge to Florida Department of Environmental Protection (FDEP) permitted disposal sites not owned by Hillsborough County. The leachate will be weighed and measured in gallons using a standardized calculation formula, with estimated quantities of approximately 6,000 gallons per pickup. Pickup availability is Monday through Saturday between 7:30 AM and 5:30 PM, with 24-hour access available as needed. Two site visits are scheduled for September 9, 2026, at 10:00 AM at NWTS and 12:00 PM at SCTS. The bid submission deadline is September 25, 2026, at 2:00 PM Eastern Time through the County's electronic bidding system (Euna Procurement). The resulting contract will be for a three-year period from the effective date.

Pricing shall be quoted on a per-gallon basis for leachate disposal, with payment based on weight slips and certificates of disposal submitted with monthly invoices. An emergency service fee may be charged separately for the first tank or trailer dispatched when immediate response is requested, with equipment required to arrive within six hours of notification. The estimated project cost is $245,350.00 for the three-year contract period. Bidders must demonstrate recent and relevant experience in substantially similar leachate disposal services, provide a list of proposed FDEP-permitted disposal sites, and maintain 24-hour availability with a maximum one-hour response time. Required insurance coverage must be maintained throughout the contract term, and the Contractor must comply with E-Verify requirements and use legally authorized workers. Equipment must comply with Code of Federal Regulations MC-306 guidelines for hazardous material cargo tanks, include both top-loading and hose-connection capabilities, and backup equipment must be available within two hours if primary equipment fails. All invoices must include copies of weight slips and certificates of disposal. Price adjustments may be made annually based on the Consumer Price Index for All Urban Consumers (CPI-U). The County reserves the right to reject any and all bids and is not obligated to guarantee minimum purchase quantities.

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Invitation to Bid Disposal, Pumping, Cleaning, and Transportation of

Leachate

ITB-26-00390

ITB-26-00390 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00390

SOLICITATION TITLE: Disposal, Pumping, Cleaning, and Transportation of Leachate

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified Contractors to provide pumping, cleaning, transportation, and disposal of leachate from the Northwest County Transfer Station (NWTS) and South County Transfer Station (SCTS) on an as-needed basis, along with quarterly trench pumping services at the SCTS for a three (3)-year period.

DUE DATE & TIME: September 25, 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.

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

ITB-26-00390 Page 2

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

● Questions regarding the specifications or solicitation document must be directed to the 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.

SITE VISIT: A site visit will be held at 10:00 a.m. on September 9, 2026, at 8001 West Linebaugh Tampa, Florida 33625 and at 12:00 p.m. on September 9, 2026, at 13000 South US Highway 41 Gibsonton, Florida 33534. All interested parties are strongly encouraged to attend. The purpose of this site visit is to allow Bidders the opportunity for access to the transfer stations operations.

INSURANCE: Insurance coverage is required for this procurement. Please see ITB-26- 00390 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

ITB-26-00390 Page 3 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.

ITB-26-00390 Page 4

1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified Contractors to provide pumping, cleaning, transportation, and disposal services of leachate from the Northwest County Transfer Station (NWTS) and the South County Transfer Station (SCTS) on an as-needed basis, along with quarterly trench pump services at

SCTS.

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 Chapter 316, Florida Statues, State Uniform Traffic Control:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300- 0399/0316/0316.html

1.2.2 Guidelines for the Operations, Assembly, Repair, Testing, and Inspection of Hazardous Material Cargo Tanks: https://www.fmcsa.dot.gov/carrier-safety/hazardous-materials-safety/guidelines-operation-assembly-repair-testing-and

1.2.3 Florida Highway Safety and Motor Vehicle Standards: https://www.flhsmv.gov/florida-highway-patrol/commercial-vehicle-enforcement/safety-enforcement/

1.2.4 Code of Federal Regulations, MC-306 Code Guidelines: https://www.ecfr.gov/current/title- 49/subtitle-B/chapter-I/subchapter-C/part-180/subpart-E/section-180.405

1.3. Minimum Requirements

1.3.1 The Bidder or principal thereof shall demonstrate recent and relevant experience in providing services substantially similar in scope and complexity to those required under this solicitation. Failure to demonstrate appropriate and verifiable experience is grounds for rejection.

As the customer, the County will have sole discretion in determining whether a bidder or principal thereof possesses adequate experience and capability.

1.3.2 At the time of bid submission, the Bidder shall complete and submit a list of Non- Hillsborough County Leachate Disposal Locations, identifying all proposed disposal site(s) for the transportation and disposal of leachate. Throughout the contract period, the Contractor shall update and resubmit this list whenever any changes occur. All revised lists must be provided to the County Project Manager (PM) prior to transporting and disposing of leachate at any new or modified disposal location. Refer to Attachment C – Non-Hillsborough County Leachate Disposal Locations for the required format and example.

ITB-26-00390 Page 5

1.3.3 Leachate Disposal

1.3.3.1 The Contractor shall pump, transport, and dispose of leachate from the Northwest County Transfer Station (NWTS) and the South County Transfer Station (SCTS) to a Florida Department of Environmental Protection (FDEP) permitted disposal site that is not owned by Hillsborough County. Leachate at NWTS and SCTS includes liquid material, suspended solids, and sludge.

1.3.3.2 The Contractor's Work shall be subject to inspection at any time by the PM to ensure compliance with applicable regulations, permit requirements, the Florida Highway Safety and Motor Vehicle standards, and the specifications within this solicitation. The Contractor shall comply with Chapter 316, Florida Statues, State Uniform Traffic Control, as applicable.

1.3.3.3 If any Work is determined to be unsatisfactory, the Contractor shall correct all issues within 48 hours of notification. The Contractor shall not invoice the County until all unsatisfactory Work has been corrected.

1.3.3.4 The Contractor shall provide the PM with contact information for its designated representatives who can be reached twenty-four (24) hours a day, seven (7) days a week, including holidays, with a maximum response time of one (1) hour.

1.3.3.5 A Certificate of Disposal form, indicating the final disposal and method of disposal for each leachate load, shall be submitted to the County with the monthly invoice.

1.3.3.6 The payment of leachate disposal fees shall be based upon the rate per gallon of leachate.

1.3.3.7 Refer to Attachment A – Analytical Report for the chemical analysis data of leachate transported and disposed of from the SCTS and NWTS facilities.

1.3.4 Methods of Operation

1.3.4.1 The Contractor’s tanker truck shall be weighed in and weighed out to establish an accurate truck weight and gallon quantity. Upon weighing out, the Contractor shall receive a transaction receipt with a net weight and corresponding gallon figure.

1.3.4.2 The volumes shall be calculated using the following formula:

Net Tons x 2,000 pounds = Total Pounds Total Pounds / 8.34 (Pounds per Gallon) = Gallons of leachate Example:

25.39 Net Tons x 2,000 Pounds = 50,780 Pounds

50,780 Pounds / 8.34 Pounds per Gallon = 6,088 Gallons

ITB-26-00390 Page 6

1.3.4.3 The Contractor shall not estimate the number of gallons loaded or hauled unless authorized by the PM.

1.3.4.4 The estimated quantity per pick up is approximately 6,000 gallons. This per-load quantity is an estimate only and the actual quantity to be transported pursuant to this contract may be substantially more or less.

1.3.5 Disposal Frequency

1.3.5.1 The frequency of removal per truck shall be on an as-needed basis. Pickup availability is Monday through Saturday between 7:30 AM and 5:30 PM. However, 24-hour access to the NWTS and SCTS will be provided to the Contractor, as needed, to accommodate the requirements of this contract.

1.3.5.2 Additional trips may be required, including Sundays and holidays. The Solid Waste Management Department (SWMD) shall provide the Contractor with a minimum of eight (8) hours’ advance notice if additional trips are required the following day.

1.3.6 Emergency Service

1.3.6.1 If the County requests services requiring immediate response, the request shall be classified as emergency service. The Contractor shall be permitted to charge a one-time emergency fee for the first tank or trailer dispatched. The emergency service fee must be listed separately from the rate per gallon(s) of leachate invoiced.

1.3.6.2 In the event of an emergency service, equipment shall arrive and the Contractor shall begin loading operations within six (6) hours of notification. All dispatched equipment must comply with the requirements outlined in this document.

1.3.7 Tank Cleaning Services

1.3.7.1 The Contractor shall remove all leachate from the tank to the lowest possible level and remove and dispose of all solids from the bottom of the tank. Solids and leachate resulting from tank cleaning shall be paid at the contracted price for Tank Cleaning Services.

1.3.7.2 The Contractor shall use a pressure washer and a vacuum truck or pump to remove all leachate and solids from the tank.

1.3.7.3 Confined space entry by the Contractor for tank cleaning shall be prohibited.

1.3.8 Quarterly Trench Pump Service at SCTS

The Contractor shall clean out the leachate trenches and the leachate lift stations of all liquid and solid materials on a quarterly basis at the SCTS.

ITB-26-00390 Page 7

1.3.9 Transfer Station Information

1.3.9.1 The Contractor shall perform all services Monday through Saturday, 7:30 AM to 5:30 PM, excluding County observed holidays, unless otherwise authorized in writing by the PM.

1.3.9.2 The Contractor shall ensure that all employees sign the logbook at each facility upon entering the site and sign out upon leaving.

1.3.10 Spill Procedures

1.3.10.1 The Contractor shall be solely responsible for the cleanup of any leachate spills caused by the Contractor or its agents, employees, or subcontractors. The Contractor shall be responsible for all costs or damages associated with such spills and for properly notifying all appropriate regulatory agencies.

1.3.10.2 Upon request from the County, the Contractor shall submit a spill handling procedure that includes the following:

1.3.10.2.1 Notification procedures for immediately informing SWMD.

1.3.10.2.2 Notification of the Hillsborough County Environmental Protection Commission.

1.3.10.2.3 Notification of the FDEP including the spill incident location, time, date, and cleanup actions taken.

1.3.10.3 A complete spill incident report shall be submitted to the PM or site supervisor within 24 hours of the incident. The report shall include the cleanup procedures used, including the methods to contain, collect, and properly dispose of any spilled leachate and cleanup materials.

1.3.11 Equipment

1.3.11.1 The Contractor shall prevent cross contamination of any tanker.

1.3.11.2 The Contractor shall provide, at the County’s request, a complete list of its equipment, including trailer number, tractor number, and the year, make, model, type and capacity. The Contractor shall notify the PM of any changes to this list during the contract performance period.

1.3.11.3 The Contractor’s equipment shall clearly display the company logo while on County property and emergency telephone numbers shall be visibly posted within the cab.

1.3.11.4 The Contractor shall provide all necessary equipment, including but not limited to a tanker/trailer, truck tractor, required pumps, hoses, and adapters. All pumps and adapters must be capable of pumping above-ground and below-ground tanks. Equipment used for

ITB-26-00390 Page 8 hauling services shall be designated for such use and shall not be contaminated with any other material including sludge, diesel fuel, or oil.

1.3.11.5 Although leachate is not classified as hazardous waste, the equipment shall comply with Code of Federal Regulations MC-306 code guidelines for the operation, assembly, repair, testing, and inspection of hazardous material cargo tanks.

1.3.11.6 Backup or substitute equipment shall be available for 24-hour substitution to avoid downtime in leachate transportation and disposal. If substitute equipment is required, the equipment shall arrive on-site within two (2) hours of notification that the primary equipment is down.

1.3.11.7 The Contractor shall notify the PM or site supervisor of any delays or equipment substitutions that impact scheduled leachate transportation and disposal. The Contractor shall be responsible for any cost or damage resulting from such delays or substitutions.

1.3.11.8 Before commencing any Work, the Contractor shall provide the County PM with manufacturer documentation verifying the capacity of each vehicle used to transport leachate, along with any applicable overweight or divisible load permits. If any new or additional vehicles are utilized throughout the duration of the contract, the Contractor shall submit updated documentation reflecting all such vehicles.

1.3.11.9 All tankers or trailers shall be capable of both top loading and hose-connection loading.

1.3.11.10 The County reserves the right to visually inspect all Contractor equipment utilized for this contract at any time and may conduct random visual inspections.

1.3.11.11 If contamination is observed in any Contractor tanker, the Contractor may be in violation of this Contract. Such violation may result in a recommendation to the Board of County Commissioners to rescind the Contract and seek recovery of any costs incurred by the County. If sampling and laboratory analysis are required to confirm contamination, the Contractor shall be responsible for all associated costs incurred by the County.

1.3.12 Personnel (Contractor Representative)

Contractor personnel are prohibited from bringing unauthorized persons, including friends or family members, onto a county work site. Should such an event take place, the PM shall ensure the removal of such unauthorized persons from the County work site.

1.3.13 Attire

1.3.13.1 The Contractor’s personnel may be required to stop work if they are not properly attired in a manner appropriate for the Work being performed.

ITB-26-00390 Page 9

1.3.13.2 The Contractor’s personnel are strictly prohibited from wearing short-shorts, tank tops, muscle shirts, halter tops, sandals, flip- flops, any type of open-toed shoes, or working without shoes.

1.3.13.3 The Contractor shall ensure that each of its representatives wears a shirt that clearly and prominently displays the Contractor’s or Sub-Contractor’s company name or logo.

1.3.13.4 The Contractor shall ensure all personnel wears appropriate personal protective equipment (PPE), when applicable.

1.3.14 Safety

1.3.14.1 The Contractor shall implement all reasonable measures necessary to safeguard both property and persons from its operations herein.

1.3.14.2 The Contractor shall immediately report to the PM all injuries and damages to public or private property resulting from the Contractor’s performance. The Contractor shall repair/replace any such damaged property at its own expense and shall not invoice the County for any related costs.

1.3.15 Invoicing and Payments

In addition to meeting standard Invoicing requirements, the Contractor’s submitted invoices shall include copies of weight slips and certificates of disposal for PM review.

1.4. Preparation for Delivery

1.4.1 Delivery of the goods and/or performance of the Services and/or Work must be no later than 12 Hours 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.

1.4.2 The Contractor shall provide services at the following locations:

1.4.2.1 Northwest County Transfer Station: 8001 West Linebaugh, Tampa, FL 33625.

1.4.2.2 South County Transfer Station: 13000 U.S. Highway 41, South Gibsonton, FL 33534.

1.5. Notes

1.5.1 The County is aware that the Environmental Protection Agency (EPA) is currently in the process of developing new regulations for emerging contaminants, which may impact the classification of leachate from its current classification of non-hazardous waste to a new status of hazardous waste. In the event the regulations change during the contract period, and the cost of disposal is impacted, the County will work with the Contractor through the transitional phase and

ITB-26-00390 Page 10 move to terminate for convenience, so that new specifications addressing the regulatory changes can be solicited.

1.5.2 Refer to Attachment B – Invoice Tracking for leachate removal data from the NWTS and SCTS during Fiscal Year 2024 and Fiscal Year 2025.

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-26-00390 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 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.

ITB-26-00390 Page 11

2.3. Site Visit

Two (2) Site Visits concerning this present Solicitation Document will be conducted by Hillsborough County at:

Northwest County Transfer Station 8001 West Linebaugh

Tampa, Florida 33625

TIME: 10:00 a.m., DATE: September 9, 2026

PHONE NUMBER: (813) 272-5790

South County Transfer Station 13000 South US Highway 41 Gibsonton, Florida 33534

TIME: 12:00 p.m., DATE: September 9, 2026

PHONE NUMBER: (813) 272-5790

All interested parties are encouraged to attend.

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. Price Escalation/De-Escalation (CPI)

2.5.1 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

ITB-26-00390 Page 12

“CPI for All Urban Consumers (CPI-U) 1982-84=100 (Unadjusted)” posted at https://data.bls.gov/cgi-bin/surveymost?bls.

2.5.2 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:

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

ITB-26-00390 Page 13

Base rate: $1,000.00 Multiplied by 0.980

Equals adjusted rate $980.00

2.6. 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.

2.7. 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 Hillsborough County Board of County Commissioners and the following agencies:

Children’s Board of Hillsborough County City of Plant City City of Tampa City of Tampa Housing Authority City of Temple Terrace Clerk of the Circuit Court Expressway Authority Hillsborough Area Regional Transit Authority Hillsborough County Aviation Authority Hillsborough 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

2.8. 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

ITB-26-00390 Page 14 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.

2.9. 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.

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.

ITB-26-00390 Page 15

3.5. Blanket Purchase Agreement (BPA)

“Blanket Purchase Agreement (BPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and any additional terms and conditions of the Contract, if applicable.

3.6. Board of County Commissioners

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

3.7. Bond

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

3.8. Business Day(s)

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

3.9. Change Order

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

3.10. Close Date

"Close Date" shall mean the date and time set for delivery to the County of all Offers submitted in response to this Solicitation Document.

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.

ITB-26-00390 Page 16

3.12. Contract Price

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

3.13. Contract Purchase Agreement (CPA)

“Contract Purchase Agreement (CPA)” shall mean the County’s written document to the Contractor stating the products/Services/Work to be provided, the pricing for said products/Services/ Work, the effective dates for the provision of said products/Services/Work, and additional terms and conditions of the Contract, if applicable.

3.14. Contract Time or Contract Period

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

3.15. Contractor

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

3.16. County

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

3.17. County Administrator

"County Administrator" shall mean Hillsborough County's County Administrator, or a designee identified by the County Administrator to perform certain functions on behalf of the County Administrator.

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.

ITB-26-00390 Page 17

3.20. Earnest Money Deposit (EMD)

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

3.21. Electronic Bidding System

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

3.22. Invitation To Bid

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

3.23. Minimum Specifications

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

3.24. Modification Agreement

“Modification Agreement(s)” shall mean the written order to the Contractor authorizing an addition, deletion, or revision in the goods, Services and/or Work to be provided under the Contract Documents or an adjustment in the Contract Price issued after the award of and/or execution of the Contract/Agreement. Such written order must be approved and/or executed by the applicable authorized representatives of the County in accordance with County policy. Modification Agreements that are required to be approved by the Board of County Commissioners pursuant to County policy must be executed by the Contractor and the Chair of the Board of County Commissioners.

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.

ITB-26-00390 Page 18

3.27. Notice to Proceed

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

3.28. Offer(s)

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

3.29. Offeror

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

3.30. Project

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

3.31. Project Manager

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

3.32. Proposal(s)

"Proposal(s)" or "Bid(s)" or "Bidder’s Bid(s)” or "Quote(s)" shall mean the offer, bid, proposal, or quote of the Bidder/Proposer submitted on the prescribed forms setting forth the prices for the 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.

ITB-26-00390 Page 19

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

"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.

ITB-26-00390 Page 20

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 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. Non-Discrimination and Compliance with Laws

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

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

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

ITB-26-00390 Page 21

4.3. Award of Contract and Rejection of Bids

4.3.1 A Contract, if awarded, will be awarded to the lowest responsive and responsible Bidder in accordance with this Solicitation Document and applicable law.

4.3.2 The County, in its sole discretion, may determine whether acceptance of the Bid/Quote is in the best interest of the County. Further, the County reserves the right to reject any and all Bids/Quotes and to waive any informality concerning a Bid/Quote whenever such rejection or waiver is in the best interest of the County and in conformance with Florida Law.

4.3.3 The County also reserves the right to reject the Bid/Quote of any Bidder:

4.3.3.1 determined to be non-responsible due to failure to perform properly or timely on a comparable contract; and

4.3.3.2 who is not in a position to perform the contract.

4.3.4 Bidder must have the capacity, knowledge, skill and general ability to fully perform. Bidder must also have the integrity, reliability and other applicable qualities that will ensure good faith performance. The County reserves the right to require Bidder to submit documentation and other evidence attesting to the Bidder’s responsibility. The County may reject Bidder’s Bid/Quote if, at the County’s sole discretion, Bidder fails to submit documents and evidence of responsibility and/or the County has determined that the Bidder is not responsible.

4.4. Bid Documents

4.4.1 The Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Insurance and Bond requirements, Specifications, Requirements, any Amendment(s) issued, together with all the attached documents herein identified constitute the entire Solicitation Document, and must be the basis of all Offers.

4.4.2 Bidder’s/Proposer's Offer pricing, in addition to all Amendment(s) issued, and any other documentation required by this Solicitation Document that is submitted by the Bidder/Proposer in response to this procurement shall constitute the Offer. The Bidder/Proposer is only required to submit its Offer in addition to any Amendment(s) issued and any other documentation required by this Solicitation Document.

4.4.3 The Definitions, Instructions, General Terms and Conditions, Special Terms and Conditions, Requirements, Insurance and Bond requirements, Specifications, Equal Employment Opportunity and Affirmative Action requirements, all Amendment(s) issued, the Bidder’s/Proposer's Offer, the Agreement, if applicable, together with all other attached documents herein identified and all supplementary drawings issued after award of the Contract shall constitute the “Contract Documents” upon the award of this Solicitation Document.

ITB-26-00390 Page 22

4.5. Bid/Proposal/Quote Pricing

Pricing must be quoted only in the space(s) provided within this Solicitation Document; no other form(s) will be accepted. When applicable, all prices quoted are to be free-on-board (F.O.B.) to the job site or specified delivery location in Hillsborough County, Florida.

4.6. Bid/Proposal/Quote Results

Preliminary results are generally available within two (2) Business Days to Bidders/Proposers in the County’s Electronic Bidding System.

4.7. Bidder/Proposer Request for Interpretation of Solicitation Document

No interpretation of the meaning of the Specifications or Scope of Work contained in this Solicitation or related Contract Documents will be made to any Bidder/Proposer orally. Every request for such interpretation must be submitted in writing through the electronic bidding system (Euna 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. All interpretations and supplemental instructions provided by the County will be in the form of a written amendment which, if issued, will be communicated to all Bidders/Proposers who have acknowledged participation within Euna Procurement. All issued amendments shall become part of the Contract Documents. No Bids or Proposals shall be submitted or accepted through electronic mail (e-mail), facsimile, or by hard copy (paper). Bids and Proposals will only be accepted and considered if submitted through Euna Procurement.

4.8. Bidder/Proposer Responsible for Examining/Investigating Work Site(s)

If applicable to this Solicitation Document, Bidder/Proposer is solely responsible for examining all Sites of the proposed Work and conducting any investigations necessary to inform itself of any difficulties that may be involved in the completion of the Work. Bidder’s/Proposer's failure to conduct such examinations and investigations shall not:

4.8.1 excuse the Successful Bidder’s/Proposer's failure to complete the Work in accordance with the Specifications and requirements set forth in this Solicitation Document based on the Successful Bidder’s/Proposer's ignorance of conditions or difficulties that may exist prior to the Close Date or of conditions or difficulties that may be encountered during the execution of the Work; and/or

4.8.2 be a basis for any claims for additional compensation and/or for any extensions of time.

4.9. Procurement Policy and Procedures and Hillsborough County Ordinance – Protest Process and Procedures

Offeror is advised that by submitting an Offer, Offeror hereby agrees to comply with the County’s Procurement Policy and Procedures, including, but not limited to, the County’s policy and procedures regarding Bid protests and Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, ITB-26-00390 Page 23

Article VI, Division 3. The County’s Procurement Policy and Procedures can be found on the County’s website at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

Offeror is further advised that pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, Sec. 2-567(b)(i), any protest of the Specifications and/or terms and conditions contained within this Solicitation Document must be received by the County no later than five (5) Business Days before the Close Date/Bid Submittal Deadline set forth in this Solicitation Document.

4.10. Bidder's/Proposer's Understanding of the Solicitation Document

Bidder/Proposer is solely responsible for reading and completely understanding this Solicitation Document in its entirety.

4.11. Cancellation of Solicitation Document

The County reserves the right to cancel, in whole, or in part, this Solicitation Document when deemed to be in the best interest of the County.

4.12. Compliance With Occupational Safety and Health Act (O.S.H.A.)

In instances where such is applicable due to the nature of a Solicitation Document, all material, equipment, etc., as proposed and offered by the Bidder/ Proposer must meet and conform to all O.S.H.A. requirements.

4.13. Condition of Goods, Shipping Costs, and Claims Against Carrier

Unless otherwise specified, all goods supplied will be new, not used or re-manufactured.

Bid/Proposal/Quote prices shall include costs of delivery, shipping and handling. Any claims against the carrier will be the responsibility of the Contractor.

4.14. Cone of Silence

Pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, there shall be a Cone of Silence for all procurement solicitations (except sole source procurement) issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County’s procurement and protest process. Except as otherwise provided in this Section, the Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end the earlier of five (5) Business Days after the County posts its notice of intent to award the contract(s) associated with this solicitation or on the date the procurement solicitation is canceled…

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