9-ITB-26-00422 Pumping, Transportation, and Disposal of Leachate.pdf

Invitation to Bid Pumping, Transportation, and Disposal of Leachate

ITB-26-00422

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SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: ITB-26-00422

SOLICITATION TITLE: Pumping, Transportation, and Disposal of Leachate

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners is seeking competitive sealed bids from experienced and qualified Contractors to provide pumping, transportation, and disposal of leachate from the Southeast County Landfill on an as-needed basis for a three (3)-year period.

DUE DATE & TIME: October 14, 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

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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- 00422 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.

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1. SPECIFICATIONS

1.1. Scope

The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed bids from experienced and qualified Contractors to provide pumping, transportation, and disposal of leachate from the Southeast County Landfill (SCLF) on an as-needed basis.

1.2. Applicable Publications and Terminology

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

1.2.1 Chapter 316, Florida Statues, State Uniform Traffic Control, as applicable:

https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300- 0399/0316/0316ContentsIndex.html&StatuteYear=2026&Title=%2D%3E2026%2D%3EChapter% 20316

1.3. Minimum Requirements

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

1.3.2 At the time of bid submission and upon County request, the Bidder shall submit a complete list of its equipment by trailer number, tractor number, year of make, model, type and capacity.

Throughout the contract period, the Contractor shall update and resubmit this list to the County PM if any new or additional equipment is utilized.

1.3.3 Leachate Disposal

1.3.3.1 The Contractor shall pump, transport, and dispose of leachate from the SCLF to a Florida Department of Environmental Protection (FDEP) permitted disposal site that is not owned by Hillsborough County within 12 hours of written notice by the Project Manager.

1.3.3.2 The Contractor’s work shall be subject, at any time, to inspection by the Project Manager (PM) for compliance with applicable regulations, permit requirements, and the specifications within this solicitation.

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

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

1.3.3.5 In accordance with the Landfill Operation Permit issued by the FDEP, the County is required to ensure continuous removal of leachate from the landfill so that Pump Station B, the primary leachate collection point for Phase I-IV, does not exceed a liquid level of 30 inches.

Refer to Table 10.2.4. Liquid Levels Maintenance Schedule, on page 26 of Attachment C – Leachate Management Plan. If the Contractor fails to maintain the leachate level in the storage tanks in a manner that supports continuous leachate removal, resulting in the County’s inability to comply with applicable environmental regulations, the Contractor may be terminated for failure to perform.

1.3.4 Additional Leachate Testing

1.3.4.1 Any testing required by a Non-Hillsborough County-owned disposal facility after the Contractor takes possession of the leachate shall be performed solely by the Contractor and at the Contractor’s expense.

1.3.4.2 The Contractor shall provide all necessary sample bottles.

1.3.4.3 Solid Waste Management Department (SWMD) staff will obtain the leachate sample and provide it to the Contractor’s courier service or testing lab.

1.3.4.4 Samples shall be collected only when requested by the PM.

1.3.4.5 The resulting Contract shall not be contingent on any leachate material analysis results required by third party disposal facilities.

1.3.5 Response Time and Disposal Frequency

1.3.5.1 The frequency of removal per truck shall be on an as-needed basis. Loading time per load is estimated at 20 minutes. Pickup availability is Monday through Saturday, 7:00A.M. to 5:00 P.M. However, as directed by the PM, the Contractor may be required to work Sundays, County holidays, and during declared emergency events to accommodate the requirements of this contract. Twenty-four (24) hour access to the landfill will be provided to the Contractor as needed to accommodate the requirements of the resulting Contract.

1.3.5.2 The Contractor shall ensure that all Contractor employees sign in to the logbook at each Facility being serviced upon entering the site and sign out of the logbook upon leaving the site for each load.

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1.3.5.3 In the event of an officially declared emergency, the Contractor shall prioritize the County’s leachate hauling and disposal needs over services provided to non-governmental customers. The Contractor shall immediately notify the County of any circumstances that may delay or limit service during an emergency and provide an estimated timeframe for resolution.

1.3.6 Equipment

1.3.6.1 The Contractor shall provide all necessary equipment, including but not limited to a tanker/trailer, truck tractor, required pumps, hoses, and adapters. All pumps and adapters shall be capable of pumping above-ground and below-ground tanks. Equipment used for hauling services shall be designated for such use and shall not be contaminated with any other material including sludge, diesel fuel, or oil.

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

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

1.3.6.4 The Contractor shall take all measures to prevent cross-contamination.

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

1.3.6.6 The Contractor shall notify the PM of any delays or equipment substitutions that may impact scheduled leachate transportation and disposal.

1.3.6.7 The County reserves the right to visually inspect, at any time, all Contractor equipment utilized for this contract.

1.3.6.8 If contamination is identified in any Contractor vehicle prior to discharge, the load shall be rejected, and the Contractor shall be prohibited from using that vehicle when performing leachate transportation and disposal. If contamination is identified during or after discharge, the remaining load shall be rejected and disposed of by the Contractor and may result in termination of the Contract for failure to perform.

1.3.7 Methods of Operation

1.3.7.1 Primary Method

The Contractor shall load the leachate directly into the Contractor’s tanker from the Leachate Storage Tanks (LST). The Contractor shall use the flow meter at the LST to record the beginning and ending gallon readings as shown on the flow meters, and these measurements shall be recorded on Attachment B - Leachate Hauling and Disposal Reporting Form.

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1.3.7.2 Secondary Method

1.3.7.2.1 In the event of flow meter failure, the Contractor shall weigh the tanker in and out at the Landfill scale facility, both loaded and empty, to determine an accurate truck weight and establish the correct quantity of loaded gallons.

1.3.7.2.2 The volumes shall be calculated using the following formula:

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

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

50,780 Pounds / 8.34 Pounds per Gallon = 6,088.729 Gallons

1.3.8 Leachate Hauling-Disposal Reporting Form

1.3.8.1 Upon arrival at the landfill, the Contractor shall stop at the administration office (scale house) to obtain a Leachate Hauling and Disposal Reporting Form, as seen in Attachment B – Leachate hauling and Disposal Reporting Form. The Contractor shall record the load number, gallons per load, pH per load, and the tabulated total gallons hauled for each day on the Form.

The County shall perform pH testing and provide the pH results to the Contractor for entry on the disposal form. Both the Contractor and the Wastewater Treatment Facility (WWTF) Operator shall sign the form to verify the quantities discharged.

1.3.8.2 The form is a three (3)-part carbon copy. Each color-coded page shall be distributed no later than 9:00 A.M. on the next business day to the following recipients:

1.3.8.2.1 Goldenrod: Contractor

1.3.8.2.2 Yellow: Wastewater Disposal Location

1.3.8.2.3 White: SWMD On-Site representative

1.3.8.3 Failure of the Contractor to comply with these reporting requirements shall result in a delay of payment for that day’s transactions.

1.3.8.4 The Contractor shall submit to the PM, within ten (10) business days following the end of each monthly payment period, copies of each Leachate Hauling and Disposal Reporting Form along with the draft monthly invoice. The PM will review and approve the quantities.

Payment shall be based on the total tabulated gallons hauled, and not on tanker or trailer capacity.

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1.3.9 County Facility Access

1.3.9.1 The Contractor shall ensure that all Contractor employees sign in to the logbook at each Facility being serviced upon entering the site and sign out of the logbook upon leaving the site for each load.

1.3.9.2 SWMD shall coordinate directly with Water Resources Department (WRD) to arrange the Contractor’s access to any WRD facilities when those contingency facilities are required for use.

1.3.10 Spill Procedures

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

1.3.10.2 Within 24 hours of a spill incident, the Contractor shall submit a Spill Handling Procedure that includes the following:

1.3.10.2.1 Clean up procedures including methods to contain, collect, and dispose of spilled leachate.

1.3.10.2.2 List of equipment in each truck to manage spills.

1.3.10.2.3 Vehicle inspection procedures to prevent leakages.

1.3.10.2.4 Spill response action plans.

1.3.10.2.5 Spill prevention and response plan training for agents, employees, or subcontractors.

1.3.10.2.6 Notification procedures for immediately informing SWMD of the spill incident location, time, date, and steps taken to clean up the spill.

1.3.11 Personnel (Contractor’s Representative)

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

1.3.11.2 The Contractor shall ensure that all personnel wear clean and professional attire appropriate for the assigned duties and compliant with all applicable OSHA requirements, including required personal protective equipment (PPE).

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1.3.11.3 The Contractor’s personnel shall wear a uniform that clearly displays a name tag and/or company logo at all times when performing the services according to these specifications.

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

1.3.12 Safety

1.3.12.1 The Contractor shall provide all reasonable measures necessary to safeguard property and persons from its operations herein.

1.3.12.2 The Contractor shall immediately report to the County PM all injuries which are a result of the Contractor’s performance hereunder.

1.3.13 The Contractor shall provide services from the following location:

Southeast County Landfill (SCLF) 15960 County Road 672 Lithia, FL 33547

1.4. Notes

The County is aware that the Environmental Protection Agency (EPA), is currently in the process of developing new regulations for emerging contaminants, which may impact the classification of leachate from its current classification of non-hazardous waste to a new status of hazardous waste.

In the event the regulations change during the contract period, and the cost of disposal is impacted, the County will work with the Contractor through the transitional phase and move to terminate for convenience, so that new specifications, addressing the regulatory changes can be solicited.

2. SPECIAL TERMS AND CONDITIONS

2.1. Basis for Award (County’s Best Interest)

Award will be made to the lowest, responsive and responsible Bidder meeting Specifications. If this Solicitation Document contains more than one line item, the County reserves the right to award by line item, by group/section, or by overall total net Bid price, whichever is determined to be in the County’s best interest.

2.2. Insurance, Contractor

See ITB-26-00422 Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

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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 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

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“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:

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

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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 Purchase Order. No goods, Services, and/or Work shall be provided until a Standard Purchase Order is issued. Any Standard Purchase Order issued prior to the expiration of the Contract Period shall remain valid after the Contract Period has expired and shall be governed by the terms and conditions

ITB-26-00422 Page 12 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.

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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.

ITB-26-00422 Page 17

3.35. Quote(s)

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

3.36. Service(s)

"Service(s)" shall mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents.

3.37. Site(s)

"Site(s)" shall mean the area(s) upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated as such by the County.

3.38. Solicitation Document

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

3.39. Specifications

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

3.40. Subcontractor

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

3.41. Successful Bidder/Proposer

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

ITB-26-00422 Page 18

3.42. Surety

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

3.43. Unilateral Change Order

“Unilateral Change Order” shall mean a written order or alteration to a Contract or Purchase Order signed by the appropriate County authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time that does not require concurrence of the Contractor.

3.44. Work

"Work" shall mean any and all obligations, duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services, Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents, including, but not limited to, the furnishing of all labor, materials, equipment and other incidentals contemplated by and/or related to the Contracted Documents.

4. INSTRUCTIONS

4.1. Bid Submissions

4.1.1 The County shall only accept Offers through its Electronic Bidding System.

4.1.2 Offers delivered by non-electronic means, facsimile, electronic mail (e-mail) or electronic means other than through the County's Electronic Bidding System will not be considered.

4.2. Non-Discrimination and Compliance with Laws

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

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

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

ITB-26-00422 Page 19

4.3. Award of Contract and Rejection of Bids

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

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

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

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

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

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

4.4. Bid Documents

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

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

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

ITB-26-00422 Page 20

4.5. Bid/Proposal/Quote Pricing

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

4.6. Bid/Proposal/Quote Results

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

4.7. Bidder/Proposer Request for Interpretation of Solicitation Document

No interpretation of the meaning of the Specifications or Scope of Work contained in this Solicitation or related Contract Documents will be made to any Bidder/Proposer orally. Every request for such interpretation must be submitted in writing through the electronic bidding system (Euna Procurement). To be given consideration, such requests must be received no later than ten (10) calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later. All interpretations and supplemental instructions provided by the County will be in the form of a written amendment which, if issued, will be communicated to all Bidders/Proposers who have acknowledged participation within Euna Procurement. All issued amendments shall become part of the Contract Documents. No Bids or Proposals shall be submitted or accepted through electronic mail (e-mail), facsimile, or by hard copy (paper). Bids and Proposals will only be accepted and considered if submitted through Euna Procurement.

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

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

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

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

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

Offeror is advised that by submitting an Offer, Offeror hereby agrees to comply with the County’s Procurement Policy and Procedures, including, but not limited to, the County’s policy and procedures regarding Bid protests and Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, ITB-26-00422 Page 21

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

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

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

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

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

4.11. Cancellation of Solicitation Document

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

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

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

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

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

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

4.14. Cone of Silence

Pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, there shall be a Cone of Silence for all procurement solicitations (except sole source procurement) issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County’s procurement and protest process. Except as otherwise provided in this Section, the Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end the earlier of five (5) Business Days after the County posts its notice of intent to award the contract(s) associated with this solicitation or on the date the procurement solicitation is canceled 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, ITB-26-00422 Page 22

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 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.

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