Invitation to Bid Sale and Removal of Finished Compost (Revenue

Contract)

ITB-26-00425

ITB-26-00425 Page 1

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00425

SOLICITATION TITLE: Sale and Removal of Finished Compost (Revenue Contract)

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners is seeking competitive sealed bids from experienced and qualified Contractors for the purchase, removal, transportation, and beneficial use and/or resale of finished compost generated from the Hillsborough County Composting Facility for a five (5)-year period.

DUE DATE & TIME: November 19, 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

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

• To be given consideration, such requests must be received no later than ten (10) calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later.

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

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

INSURANCE: Insurance coverage is required for this procurement. Please see ITB-26- 00425 Insurance Requirements Attachment and Special Terms and Conditions.

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

E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see General Terms and Conditions for complete details and requirements.

DIGITAL ACCESSIBILITY COMPLIANCE:

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

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

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Board of County Commissioners (County) is seeking an experienced and qualified Contractor for the purchase, removal, transportation, and beneficial use and/or resale of finished compost generated from the Hillsborough County Composting Facility located at the Southeast County Landfill Facility (SELF), 15960 County Road 672, Lithia, Florida 33547. This contract will include payment to the County (revenue) for the compost collected by the Contractor.

1.2. Background

1.2.1 The Hillsborough County Water Resources Department and Solid Waste Department have been producing high-quality FDEP Class AA compost, with an Agricultural Index greater than 10, by combining biosolids and yard trimmings. This successful operation takes place at a seven (7)-acre facility and results in a high-quality finished compost that is ready for marketing and distribution.

1.2.2 Product Information

1.2.2.1 Quality: FDEP Class AA compost with an Agricultural Index greater than 10 which means the material does not pose a threat of soil salinization or crop toxicity, making it safe for widespread agricultural, residential and commercial use.

1.2.2.2 Estimated Annual Quantity: 24,000 tons

1.2.2.3 Product Analysis: See Attachment A – Compost Analysis Summary for the results of Compost Analysis for Class AA Parameters

1.2.2.4 Moisture Content: 37.93% (screened batch), on average, dependent on weather conditions

1.2.2.5 Bulk Density

1.2.2.5.1 Loose: 775 pounds per cubic foot

1.2.2.5.2 Packed: 1,264 pounds per cubic foot

1.2.2.6 The Product Analysis referenced above was carried out by Midwest Laboratories, Inc., a United States Compost Council (USCC) Seal of Testing Assurance (STA) certified laboratory.

Hillsborough County is a member of the USCC and will continue to submit samples of the finished product for analysis on a monthly basis, once finished product is available, to confirm compliance with USCC STA requirements. See Attachment A – Compost Analysis Summary for the monthly product analysis data currently available through June 2026.

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1.2.3 Southeast County Landfill Information

1.2.3.1 Contact Person: A County staff person shall be the Project Manager and /or designated to liaise with the Contractor on this project. The Project Manager will identify how service requests will be transmitted (e.g. email or electronic system) during the initial contract meeting.

1.2.3.2 Required Compliance with Facility Requirements: The Contractor’s transport driver must follow all established Hillsborough County safety guidelines, comply with facility signage, and adhere to the spotter’s instructions while on-site. This includes mandatory safety requirements issued by the Solid Waste Management while operating equipment at the Southeast Landfill Compost Facility.

1.3. Minimum Requirements

1.3.1 The Contractor shall be solely responsible for providing a reliable end market and sufficient transportation capacity to ensure timely and continuous removal of finished compost.

1.3.2 Removal of Finished Compost

1.3.2.1 The County shall reserve the right to retain, for its own use, up to 10% of the finished compost generated monthly.

1.3.2.2 The Contractor, at its own expense, shall remove finished compost from the facility site as requested by County staff, between the hours of 7:30 AM and 4:30 PM, Monday through Friday, except for County-observed holidays. The County shall not pay the Contractor for removal, loading, transportation, marketing, beneficial use, resale, disposal, or other handling of finished compost unless expressly stated elsewhere in the Contract.

1.3.2.3 The Contractor shall remove finished compost from the facility within three (3) business days after receiving the service request from the County. The Contractor shall maintain sufficient vehicles, drivers, equipment, personnel, transportation capacity, customers, and end-market outlets to meet this requirement regardless of market conditions, weather, customer demand, equipment availability, or other circumstances within the Contractor's control.

1.3.2.4 Finished compost shall be loaded onto the Contractor’s vehicle(s) by authorized personnel using appropriate equipment provided by the Contractor. In the event of equipment malfunction, the Contractor shall immediately notify the County and provide a replacement within three (3) days. The Contractor shall ensure that its vehicles are suitable for the material, legally permitted for transportation, properly secured, and capable of receiving the scheduled load without delay.

1.3.2.5 The Contractor shall maintain sufficient capacity to remove all finished compost made available by the County, subject only to the quantity expressly reserved by the County for its own use. The estimated annual quantity is provided for planning purposes and is not a

ITB-26-00425 Page 5 guarantee of availability or production. The Contractor shall not rely on a specific minimum quantity of compost being made available by the County.

1.3.2.6 The Contractor shall not permit finished compost accepted and/or scheduled for removal to accumulate at the County facility beyond the time allowed under this contract.

The Contractor shall be responsible for maintaining adequate off-site storage and end-market capacity. The County shall not be obligated to provide additional storage, staging, stockpiling, or disposal capacity for compost that the Contractor is unable or unwilling to remove.

1.3.2.7 If the Contractor fails to remove finished compost within the required three (3) business day period, the County may, without relieving the Contractor of any contractual obligation or liability, obtain alternative transportation, marketing, beneficial use, storage, or disposal services from another source. The Contractor shall be responsible for all reasonable, documented additional costs incurred by the County as a direct result of the Contractor's failure to perform, to the extent permitted by the Contract and applicable law.

1.3.2.8 If, in the County's reasonable judgment, the Contractor's failure to remove compost creates an operational, environmental, regulatory, safety, capacity, or other material risk to the County's facility, the County may require immediate corrective action and/or secure alternate removal services without waiting for expiration of any additional cure period, subject to the Contract's applicable default and termination provisions.

1.3.2.9 The Contractor's transport driver shall have each load of finished compost weighed at the Southeast County Landfill truck scales to confirm total tonnage for billing purposes.

The Contractor's transport driver shall issue a receipt to the Facility Supervisor for each load of finished compost removed at the time of departure. Each receipt shall, at a minimum, indicate the weight of the finished compost removed, the time and date of removal, the truck identification number, and the printed names and signatures of both the driver and the Facility Supervisor.

1.3.2.10 Upon removal of each load from the County facility, the Contractor shall assume responsibility for transportation, storage, handling, marketing, beneficial use, resale, and lawful disposition of the finished compost, consistent with the Contract and applicable laws and regulations. The Contractor shall not return, abandon, stockpile, or otherwise place removed finished compost back on County property without the County's prior written authorization.

1.3.2.11 The Contractor shall be responsible for identifying and maintaining sufficient lawful end markets and/or beneficial-use outlets for the finished compost. The Contractor's inability to sell or beneficially use the finished compost shall not excuse or delay its obligation to remove the material from the County facility.

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1.3.3 Payment Requirements

All payments due to the County from the Contractor shall be made in arrears on a monthly basis, by check, by the tenth (10th) day of the month following the one for which payment is being made. Checks shall be accompanied by the appropriate documentation showing collection dates and volumes collected. The County shall have the right to inspect, copy, and audit during reasonable business hours, any of the Contractor's pertinent records relating to the collection of the finished compost. Each monthly remittance shall include a detailed report identifying at a minimum:

• Date and time of each load removed

• County scale ticket number

• Net tonnage removed for each load

• Total net tonnage removed during the reporting period

• Applicable purchase price per net tonnage

• Total amount due to the County for the reporting period

The amount due shall be calculated by multiplying the total net tons removed during the reporting period by the accepted purchase price per net ton.

1.3.4 The Contractor shall provide services at the Hillsborough County Compost Facility located at the following address:

Southeast County Landfill Facility (SELF) 15960 County Road 672 Lithia, Florida 33547

2. SPECIAL TERMS AND CONDITIONS

2.1. Basis for Award (Overall High)

Award will be made to the highest, 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-26-00425 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.

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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 five (5)-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 (Producer Price Index “PPI”)

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 Producer Price Index (PPI) for Fertilizer, mixing only, manufacturing (including compost), 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 contract effective date. The County and/or awarded vendor may request unit price or rate adjustments no later than 60 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 “PPI (PPI) for Fertilizer, mixing only, manufacturing (including compost), (Not Seasonally Adjusted)” posted at http://data.bls.gov/dataViewer/view/timeseries/PCU325314325314

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 http://data.bls.gov/dataViewer/view/timeseries/PCU325314325314

ITB-26-00425 Page 8 or rates. Adjustments shall be computed using the latest cited PPI that is published and available on the date the County and/or awarded vendor 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 other party (County or awarded vendor) reserves the right to also request an adjustment in the same prescribed manner, especially if the PPI decreases and it is deemed to be in the awarded vendor’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 PPI. Following is an example of the calculation:

Calculation Example

PPI2 = PPI at time of adjustment calculation (May 2019): 146.8 PPI1 = PPI at time base rate was awarded and set (June 2018): 143.4

PPI2/PPI1: 1.023

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

For subsequent years, the base rate (PPI1) remains the same and the adjustment calculation will show the change from the base rate. Following shows the second adjustment using the example above:

PPI2 = PPI at time of adjustment calculation (May 2020): 140.6 PPI1 = PPI at time base rate was awarded and set (June 2018): 143.4

PPI2/PPI1: 0.980

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

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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 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

ITB-26-00425 Page 10 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.

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

ITB-26-00425 Page 11 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.

3.12. Contract Price

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

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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.

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.

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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.

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.

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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.

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.

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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.

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.

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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.

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

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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.

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.

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

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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 by the County. However, if a protest is timely filed, then the Cone of Silence shall remain in effect for the duration of the protest process including the exhaustion of any related appeals related to the protest. Unless otherwise provided for in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, during the time period the Cone of Silence is in effect, no Offeror, 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 a procurement solicitation and/or its related protest. The Cone of Silence does not prohibit an Offeror from communicating with the Director of the County’s Procurement Services Department, County

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Procurement staff, or the attorney in the County Attorney’s office that is directly responsible for the applicable procurement solicitation. It is the responsibility of any Offeror/interested party to ensure that the Cone of Silence is no longer in effect prior to communicating with any person under the Cone of Silence (including determining whether protests have been filed for the subject solicitation and the status of such protests – which extends the Cone of Silence time period as stated above). A violation of the Cone of Silence will result in the disqualification of the Offeror from consideration in the award of the procurement solicitation unless it is determined that the violation is unintentional and/or not material.

4.15. Deviations

Bidder’s/Proposer's Offer must state all deviations to the exact requirements imposed upon the Bidder/Proposer. Such deviations must be stated upon the Bidder’s/Proposer's Offer form;

otherwise, the County may consider Bidder’s/Proposer's Offer as being made in strict compliance with the requirements of this Solicitation Document. The County reserves the right to accept or reject any and all Offers, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if doing so will serve the County’s best interest. Only Offers which conform in all material respects to this Solicitation Document will be accepted. The County may reject any Offer not submitted in the manner specified by this Solicitation Document.

4.16. Drug Free Workplace Program

Pursuant to Section 287.087, Florida Statutes, Bidders/Proposers may submit with their Offers a certificate certifying that they have implemented a drug free workplace program. If two or more Offers are equal in price, quality, and service, preference will be given in the award process to the Bidder/Proposer who has furnished such certification with its Offer. A copy of the Drug-Free Workplace Form is attached to this solicitation and is also available from the Procurement Services Department website at:

https://hcfl.gov/departments/procurement

4.17. Electronic Payment Solution

4.17.1 Automated Clearing House (ACH). Payments from the County will be made through an ACH payment solution where Offerors are paid with direct deposit. If the Offeror requests to opt out of being paid by direct deposit, then the Offeror should indicate its opt out in its Offer.

4.17.1.1.1 Note: If Bidder is already enrolled in the County's ACH solution for an existing contract/award, the Bidder will automatically receive payment using their enrolled solution in the event the Bidder is the Successful Bidder.

4.17.2 To enroll in ACH, Bidders must complete the Direct Deposit Authorization Form (included in this solicitation) or at:

https://hcfl.gov/businesses/doing-business-with-hillsborough https://hcfl.gov/departments/procurement https://hcfl.gov/businesses/doing-business-with-hillsborough

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4.18. Equipment Demonstration

Prior to the Award of this Solicitation Document, the County reserves the right to require a demonstration of equipment as proposed in Bidder’s/Proposer's Offer. Each Bidder/Proposer shall be prepared to schedule a demonstration of the type of equipment proposed at a time and location mutually agreeable to the Bidder/Proposer and the County. The location should be within reasonable traveling distance from the County, and the County shall be responsible for the travel expenses of its County staff members attending such demonstration. Equipment demonstration may be of Bidder/Proposer-owned equipment or third-party-owned equipment. Failure on the Bidder's/Proposer’s part to provide the equipment demonstration as described may result in the rejection of its Offer and/or suspension from consideration for award of bids, proposals, or contracts with the County for a period of up to twenty-four (24) months.

4.19. Execution of Written Agreement

Within ten (10) Days of the Notice of Award, the Successful Bidder/Proposer will be required to sign a written Agreement if one has been made a part of this Solicitation Document and identified as the “Agreement”.

4.20. Facilities Inspection

Prior to the award of this Solicitation Document, the County reserves the right to inspect the Bidder's/Proposer's facility and place of business to determine that the Bidder/Proposer has a regular, bona fide…