Invitation to Bid Rental of Traffic Control Devices

ITB-27-00002

ITB-27-00002 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-27-00002

SOLICITATION TITLE: Rental of Traffic Control Devices

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners is seeking competitive sealed bids from experienced and qualified Contractors to provide ongoing and as-needed rental of traffic control devices, including delivery, setup, servicing, and pickup for various County departments and locations throughout the County for a three (3)-year period.

DUE DATE & TIME: October 28, 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 Euna Procurement Support at 1-844-226-3862 or support.bonfire @eunasolutions.com.

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

mailto:support.bonfire@eunasolutions.com mailto:support.bonfire@eunasolutions.com

ITB-27-00002 Page 2

● 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-27-00002 Insurance Requirements Attachment and Special Terms and Conditions.

SURETY (BONDS): Bid, performance, and/or payment surety are 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.

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

ITB-27-00002 Page 3

1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified Contractors to provide ongoing and as-needed rental of traffic control devices, including delivery, setup, servicing, and pickup for various County departments and locations throughout the County.

1.1.2 Traffic control devices include signs, barricades, drums, traffic cones, flashing Arrow Boards, Variable Message Boards, Water Barriers, and Jersey Barriers as identified on the Bid Pricing Table.

1.2. Applicable Publications, Terminology, and Acronyms

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

1.2.1 Federal Highway Administration.

https://highways.dot.gov/

1.2.2 Florida Department of Transportation.

https://www.fdot.gov/

1.2.3 Florida Department of Transportation Maintenance of Traffic Guidelines.

https://www.fdot.gov/construction/engineers/mot/motmain.shtm

1.2.4 Florida Department of Transportation Advanced Maintenance of Traffic Certification.

https://fdot.gov/roadway/ttc

1.2.5 U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices.

https://mutcd.fhwa.dot.gov

1.2.6 Florida Department of Transportation Approved Product List.

https://www.fdot.gov/maintenance/Cont/AM/asset-maintenance-guides

1.2.7 Florida Department of Transportation Standard Specifications for Road and Bridge Construction.

https://www.fdot.gov/specifications/standard-specification-library https://highways.dot.gov/ https://www.fdot.gov/ https://www.fdot.gov/construction/engineers/mot/motmain.shtm https://fdot.gov/roadway/ttc https://mutcd.fhwa.dot.gov/ https://www.fdot.gov/maintenance/Cont/AM/asset-maintenance-guides https://www.fdot.gov/specifications/standard-specification-library

ITB-27-00002 Page 4

The following terminology of the issue in effect on the date of this solicitation, forms a part of this specification:

1.2.8 “Arrow Boards" shall mean trailer-mounted, internally illuminated traffic control devices used to display directional and warning arrow configurations.

1.2.9 “Jersey Barriers" shall mean concrete devices measuring 24" wide at the base, 32" high, and ten feet (10') in length.

1.2.10 “Variable Message Boards” shall mean trailer-mounted, internally illuminated traffic control devices used to display programmable messages to motorists.

1.2.11 “Water Barriers” shall mean plastic devices measuring 24” wide at the base, 36" high, and 60" in length.

The following Acronyms form a part of this specification:

AMOT Advanced Maintenance of Traffic DC Direct Current FHWA Federal Highway Administration FDOT Florida Department of Transportation LED Light-Emitting Diode MOT Maintenance of Traffic MUTCD Manual on Uniform Traffic Control Devices PM Project Manager TCP Traffic Control Plan VMB Variable Message Board

1.3. Minimum Requirements

1.3.1 The Bidder or principal thereof shall, at time of bid submission and throughout the term of the resulting Contract, have at least one (1) employee certified by the FDOT in AMOT. The County may ask for evidence for this licensure during evaluation or throughout the term of the Contract.

Failure to demonstrate possession of this license is grounds for rejection and/or termination.

1.3.2 The Bidder’s submitted pricing, as per the Bid Pricing Table, shall include delivery to the destination, as designated by the requesting County department, set up, charges for MOT services associated with Arrow Boards and VMBs, servicing (as needed), and return pickup by the Contractor.

1.3.2.1 The Labor Rate and Certified AMOT Rate identified in the Bid Pricing Table shall apply when the County requests relocation of an existing MOT setup after the initial delivery and setup have been completed. Labor performed by non-AMOT-certified personnel shall be paid at the applicable Labor Rate, and labor performed by AMOT-certified personnel shall be paid at the applicable Certified AMOT Rate. At least one (1) member of the crew performing the

ITB-27-00002 Page 5 relocation shall be AMOT-certified. The Labor Rate and Certified AMOT Rate shall not apply to the initial delivery and setup.

1.3.3 The Contractor shall deliver and set up, when required, all equipment in accordance with these Specifications.

1.3.4 Traffic control devices, signs, barricades, drums, flashing Arrow Boards, and VMBs will be ordered by individual device for a specific location and paid at the applicable full daily rental rate, regardless of the amount of time the County utilizes the device. Purchase Orders may contain multiple service locations.

1.3.5 Personnel

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

1.3.5.2 The Contractor shall ensure that each representative wears a shirt that plainly and prominently identifies the Contractor's company name and/or displays the Contractor's company logo. Such shirts shall be worn at all times while performing Services under the Contract.

1.3.5.3 The Contractor’s personnel shall not bring unauthorized persons, including friends or family members, onto a County work site. The County’s PM or designee, or designated on-site representative may require the removal of unauthorized persons from the County work site.

1.3.5.4 The Contractor shall have sufficient qualified personnel available to perform the Services contemplated herein in a safe, efficient, competent, and timely manner.

1.3.6 In addition to other responsibilities set forth herein, the PM or designee may provide relevant special instructions to the Contractor as needed.

1.3.7 The PM or designee will notify the Contractor when Services are required and will provide the location, address, name, and contact information of the person ordering or coordinating the Service. The PM or designee will maintain a record of the Contractor's work assignments and performance.

1.3.8 Certification

1.3.8.1 All traffic control devices provided under the Contract shall conform to applicable standards, including but not limited to FDOT, MUTCD, and FHWA standards. An FDOT certificate of conformance and certification number shall be submitted upon County request for each applicable device supplied under the Contract.

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1.3.8.2 Each TCP/MOT setup performed by the Contractor shall be reviewed and certified by a certified AMOT employee of the Contractor. A copy of the certification shall be submitted to the PM or designee, upon County request, for each setup.

1.3.9 Delivery and Pickup Services

Services under the resulting Contract shall be provided in the following categories. When Services are paid on an hourly basis, the Contractor shall be paid for the full hour when any portion of an hour is worked.

1.3.9.1 Non-Emergency Delivery

1.3.9.1.1 Non-Emergency Delivery shall mean a service request placed at least twenty-four (24) hours in advance that requires delivery during regular Business Hours of 8:00 A.M. to 5:00 P.M. Monday through Friday, excluding County-observed holidays.

1.3.9.1.2 The Contractor shall deliver the requested traffic control devices within one (1) hour of the stated delivery time for the planned activity.

1.3.9.1.3 Services may include furnishing traffic control devices only; furnishing, installing, and servicing traffic control devices; and/or removal of traffic control devices.

Services that include installation shall include initial delivery and setup at the job site and one (1) check of the location daily, as applicable.

1.3.9.1.4 The service request shall be issued through a Purchase Order.

1.3.9.2 Emergency Delivery

1.3.9.2.1 Emergency Delivery shall mean a service request placed less than 24 hours in advance, regardless of the day or time the Services are required.

1.3.9.2.2 The Contractor shall deliver the requested traffic control devices within one (1) hour after receipt of the Emergency Delivery request.

1.3.9.2.3 A one-time Emergency Delivery Service fee shall be added to an Emergency Delivery request. The Emergency Delivery Service fee shall not be applied separately to each device.

1.3.9.3 After-Hours Delivery

1.3.9.3.1 After-Hours Delivery shall mean a service request placed at least twenty-four

(24) hours in advance that requires Services to be performed between 5:01 P.M. and 7:59 A.M. Monday through Friday or at any time on Saturday, Sunday, or County-observed holidays.

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1.3.9.3.2 After-Hours Delivery pricing shall consist of the applicable unit cost plus a one-time After-Hours Service fee for all traffic control devices included on the applicable service request. The After-Hours Service fee shall not be applied separately to each device.

1.3.9.4 Standard Pickup

1.3.9.4.1 The Contractor shall pick up all traffic control devices within 12 hours after receipt of notification from the County, regardless of the day of the week.

1.3.9.4.2 The date of notification for pickup shall be considered the final day of the rental period. No additional rental costs shall be incurred after the date of notification.

1.3.9.4.3 No additional payment shall be made for Standard Pickup of traffic control devices.

1.3.9.5 Emergency Pickup

1.3.9.5.1 Emergency Pickup shall require the Contractor to pick up all identified traffic control devices within two (2) hours after receipt of notification from the County, regardless of the day or time of the week.

1.3.9.5.2 A one-time Emergency Pickup Service fee shall be added to an Emergency Pickup request. The Emergency Pickup Service fee shall not be applied separately to each device.

1.3.9.6 General Service Requirements

1.3.9.6.1 The Contractor shall be available 24 hours per day, seven (7) days per week.

1.3.9.6.2 Placement of traffic control devices shall be determined by the County.

1.3.9.6.3 The Contractor shall be capable of performing multiple setups and/or pickups within the same 24-hour period for Emergency, Non-Emergency, and After-Hours Services.

1.3.10 Equipment Condition and Replacement

1.3.10.1 Traffic control devices found to be noncompliant with the terms and conditions of the Contract or found to be defective or damaged shall be picked up and replaced at no additional charge to the County.

1.3.10.2 Traffic control devices damaged due to theft, vandalism, or accidental occurrences outside the Contractor's control shall be picked up and replaced at no additional charge to the County.

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1.3.11 Arrow Boards and Variable Message Boards

1.3.11.1 Arrow Boards and VMBs shall be provided on an Emergency, Non-Emergency, or After-Hours basis as specified herein. The boards shall be programmable by County employees. The Contractor shall provide training on each type of board in its inventory within 30 Days from the effective date of the Contract. If special equipment is required for programming, including keyboards or similar equipment, the Contractor shall provide such equipment for County use throughout the Contract Period.

1.3.11.2 The Contractor shall provide MOT services, in accordance with FDOT MOT Guidelines, when an Arrow Board or VMB is placed on a roadway.

1.3.11.3 No additional payment shall be made for MOT services associated with the delivery and setup of boards.

1.3.11.4 Internally illuminated Arrow Boards shall have 48-inch (48”) x 96” panels and shall be trailer mounted. The power supply may be solar powered, diesel powered, or another FDOT-approved generator with DC voltage, as per the FDOT Approved Product List. Lighting shall provide suitable viewing of the arrow message during both nighttime and daytime conditions and shall include automatic dimming for nighttime operation.

1.3.11.5 Arrow Boards shall provide the following display configurations through a solid-state control system.

1.3.11.5.1 Right Arrow

1.3.11.5.2 Left Arrow

1.3.11.5.3 Double Arrow

1.3.11.5.4 Warning Bar.

1.3.11.5.5 Four-Point Caution.

1.3.11.5.6 Sequencing Arrow Left.

1.3.11.5.7 Sequencing Arrow Right

1.3.11.6 Internally illuminated VMBs shall be standard three (3) line boards capable of displaying eight (8) characters per line. Illumination may be provided by rotating discs or rectangles, lamps, LED matrix, or another FDOT-approved method.

1.3.11.7 The Contractor shall have a minimum of 15 VMBs available locally or capable of being made available within 72 hours after request. The Contractor shall also have 60 VMBs available locally or capable of being made available within 168 hours after request. The control unit shall be capable of storing up to 200 sign messages and alternately displaying or

ITB-27-00002 Page 9 sequentially flashing from one (1) to three (3) messages. VMBs shall be delivered pre-programmed with the messages provided by the County.

1.3.11.8 VMBs shall be trailer mounted with the message display capable of being positioned two (2) meters above the roadway. The VMB sign board head shall be raised and lowered by a hydraulically operated lifting mechanism with a manual backup in the event of failure. The size of the VMB may vary.

1.3.11.9 For special events, boards placed on FDOT roadways shall be placed by the starting time identified on the applicable service request on the day of the event. Boards placed on FDOT roadways shall be removed within eight (8) hours after the event ends, but no later than 6:00 A.M. on the morning following the event, regardless of the day of the week. Boards placed on County roadways shall be removed within 12 hours after the event ends, regardless of the day of the week.

1.3.12 Traffic cones shall be 36” in height with reflectorized collars as specified on the applicable service request and bid response.

1.3.13 Signs, Water Barriers, and Jersey Barriers shall comply with applicable FDOT Standard Specifications.

1.4. Preparation for Delivery

1.4.1 Delivery of goods and/or performance of Services shall be completed within the applicable response times and requirements specified herein following issuance of a Purchase Order by the County.

1.4.2 The Contractor shall be solely responsible for all freight charges and other delivery costs unless otherwise specifically provided for in the Contract.

1.4.3 Offers that propose delivery or response timelines that do not comply with the requirements set forth in these Specifications may be subject to rejection.

1.4.4 Offers that propose delivery or response timelines that do not comply with the requirements set forth in these Specifications may 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.

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2.2. Insurance, Contractor

See ITB-27-00002 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.

2.3. 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).

2.4. Price Escalation/De-Escalation (CPI)

2.4.1 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

ITB-27-00002 Page 11 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.

2.4.2 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:

https://data.bls.gov/cgi-bin/surveymost?bls

ITB-27-00002 Page 12

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

2.5. 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 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

2.7. 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

ITB-27-00002 Page 13

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.

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.

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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-27-00002 Page 15

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.

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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.

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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.

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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.

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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.

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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.

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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-27-00002 Page 22

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. Brand Names, Etc.

4.11.1 In instances where the Specifications make this subject applicable, any use therein of brand names, manufacturers' names, trade names, information and/or catalog numbers are used solely for the purpose of providing descriptions and for establishing acceptable quality levels.

Such references are not intended to place restriction on the Bidders/Proposers (other than as to quality) and Bidders/Proposers may propose and describe upon the Bid/Proposal/Quote forms deviations that the Bidder/Proposer believes to be equal to or better than the requirements set forth in this Solicitation Document. The burden of proof that the Bidder's/Proposer's proposed brand is in fact equal lies with the Bidder/Proposer.

4.11.2 Bidders/Proposers must furnish all requested information in the spaces provided on the Bid Proposal. Additionally, where required pursuant to the provisions of this solicitation, Bidders must submit the following with their Bid Proposal: catalog cuts, sketches, descriptive literature, and/or complete specifications relative to the items proposed and offered. References to previously submitted material concerned with previous Bid Proposals are not acceptable to County.

4.12. 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.

4.13. 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.

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