Invitation to Bid

Project Name: North County Aquatic Center Commercial Pool Spray Feature Replacement

Bid #: 2027009 Bid Bond Required: Surety2000 Electronic Bid Bond

Required in amount of 5% for bids over $200,000

Public Construction Bond Required: Surety2000 Electronic Bond is required if total award is over $200,000

Pre-Bid Meeting time/location: N/A

Bid Opening Date: October 13, 2026 Bid Opening Time: 2:00 P.M.

Unless otherwise noted, bids will be publicly opened in room B1-303, 1800 27th Street, Vero Beach, FL 32960.

All bids must be submitted electronically through the Bonfire platform. Hard copy bids are not accepted.

ADVERTISEMENT FOR BIDS

INDIAN RIVER COUNTY

Sealed bids will be received by Indian River County until 2:00 P.M. on October 13, 2026.

All bids will be opened publicly and read aloud at 2:00 P.M. Hard copy and late bids are not accepted. Unless otherwise noted, bids will be publicly opened in room B1-303, 1800 27th Street, Vero Beach, FL 32960.

INDIAN RIVER COUNTY PROJECT NO. PR-17

INDIAN RIVER COUNTY BID NO. 2027009

PROJECT DESCRIPTION: Obtain all labor, supervision, materials, equipment, delivery, demolition, construction, installation, testing, and related services necessary to remove and replace the existing activity-pool spray/play feature.

All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto. Detailed specifications are available, and all bids must be submitted at https://indianriver.bonfirehub.com.

All bidders shall complete and submit the documents and forms provided via Bonfire. BID SECURITY, submitted electronically through Surety2000, must be defined in each Bid, in the sum of not less than Five Percent (5%) of the total amount of every bid over $200,000. In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond provided by Surety2000 and certificates of insurance within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty.

The County reserves the right to delay awarding of the Contract for a period of ninety

(90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs.

INDIAN RIVER COUNTY

By: Jennifer Hyde Procurement Manager

For Publication in the Indian River Press Journal Date: September 11, 2026

For: Indian River Press Journal

2027009 North County Aquatic Center Commercial Pool Spray Feature Replacement

Technical Specifications

Introduction Indian River County is soliciting sealed bids from qualified and licensed contractors for the North County Aquatic Center Commercial Pool Spray Feature Replacement. The intent of this solicitation is to obtain all labor, supervision, materials, equipment, delivery, demolition, construction, installation, testing, and related services necessary to remove and replace the existing activity-pool spray/play features in accordance with the signed and sealed construction drawings and technical specifications.

The existing spray feature in the activity pool is available for viewing Monday – Friday 6:00 am – 6:00 pm, Saturday 9:00 am – 5:00 pm, and Sunday 12:00 pm – 5:00 pm at 9450 County Road 512, Sebastian, FL 32958.

Project Description & Scope of Work The work includes:

• Removal and demolition of the existing play/spray features and associated footers/concrete, as required.

• Construction of new or reworked footers to support the replacement play/spray equipment.

• Installation of new aquatic play/spray features as specified in plans.

• Installation and connection of the new feature pump and variable frequency drive (VFD).

• Modifications and/or connections to existing pool piping systems.

• Completion of all associated electrical work, control integration, bonding, and grounding.

• Localized pool finish/plaster repairs required due to construction activities.

• Protection of existing pool systems, pool shell, deck areas, and adjacent facilities throughout the duration of the work.

Licensing & Permitting Requirements The successful bidder must be properly licensed to perform commercial pool construction work in the State of Florida.

The Contractor is responsible for:

• Applying for and obtaining the Indian River County Commercial Pool Permit.

• Coordinating all required reviews with the Florida Department of Health (FDOH).

• Ensuring the permit application/job description clearly identifies:

Demolition of the existing structure Installation of the new aquatic play features Incorporating demolition, electrical work, plumbing/pool piping, pump/VFD installation, bonding, grounding, and related scope items into the primary Commercial Pool permit application, as acceptable to Indian River County Building Division.

Coordinating all required inspections throughout construction.

No field work may begin until the County issues a Notice to Proceed (NTP) and all required permits/approvals are active.

Construction Coordination & Commissioning Requirements The Contractor shall:

• Coordinate construction activities with County staff and facility operations.

• Provide startup and commissioning of all installed spray/play features, pumps, and VFD’s.

• Coordinate manufacturer/supplier post-installation safety reviews and required operational checks.

• Conduct all required testing.

• Provide owner training for operation and maintenance of the new systems.

• Complete punch-list items prior to final acceptance.

• Deliver all required project documents, including:

As-built drawings O & M manuals Warranties Certifications Any other required documentation

Schedule Requirements The County intends for construction to occur during the winter shutdown period starting September 21, 2026, with the goal of returning the activity pool to public service for spring season.

Bidder must demonstrate the ability to meet this schedule, including timely permitting, fabrication lead times for spray features, and efficient sequencing of demolition and installation work.

General Conditions

• Contractor is responsible for maintaining site safety, jobsite cleanliness, and protection of existing facilities at all times.

• All work must comply with applicable federal, state, and local codes, including FDOH commercial pool standards.

• Any damage to existing facilities caused by contractor operations must be repaired at the contractor’s expense.

PROJECT REQUIREMENTS

Permitting Jurisdiction / Coordination Indian River County Building Division – A Commercial Pool permit required. The selected Contractor must submit the permit application using the signed and sealed construction plans. The application and job description must clearly state that the scope includes demolition of the existing structure and installation of the new play equipment.

Florida Department of Health (FDOH) –Public-pool modification review and coordination are required. The Contractor must provide proof of FDOH application as part of the Commercial Pool permitting process.

Planning Administrative Approval Not required per Building Division guidance, as this project is a like-for-like replacement of a previously approved structure within pool.

Licensing Requirements State of Florida Certified Commercial Pool/Spa Contractor (CPC) license for construction and installation.

Indian River County – Building or General Contractor

End of Technical Specifications

Instructions to Bidders

Definitions Bidder – Individual or entity submitting a bid to Owner.

Contractor – The lowest, responsive, and responsible bidder to whom Owner makes award.

Owner – Indian River County

General Terms and Conditions

Cone of Silence. Potential bidders and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Procurement personnel in reference or relation to this solicitation. This restriction is effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification.

Interpretations: All questions about the meaning or intent of the Invitation to Bid are to be submitted to the County through the Bonfire platform. Interpretations, modifications, responses, or clarifications considered necessary by County in reply to such questions will be issued by Addenda.

Only questions answered or changes made by Addenda will be binding. Oral and other interpretations, modifications, or clarifications will be without legal effect. All such Addenda shall become part of the bid documents. Questions submitted less than 10 days prior to the deadline for receipt of bids may not be answered.

Licensure: Bidder must possess licensure as indicated in the Technical Specifications/Scope of Work.

Indian River County Code section 400.01(1) requires that “No person shall engage in the business of construction, contracting or subcontracting as regulated by Florida Statutes or in a [any] categories listed in Appendix A to Ordinance No. 94-16 without a valid certificate of competency issued by the Indian River County Building Department unless certified under Florida Statutes.” Bidders who do not hold the appropriate licensure at the time of bid opening will be deemed non-responsive.

Insurance:

• Owners and Subcontractors Insurance: The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor’s work is covered by the protections afforded by the Contractor’s insurance.

• Worker’s Compensation Insurance: The Contractor shall procure and maintain worker’s compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker’s compensation statute, the Contractor shall provide adequate coverage for the protection of such employees.

• Public Liability Insurance: The Contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed.

Commercial General (Public) Liability, other than Automobile

$1,000,000.00 Combined single limit for Bodily Injury and Property Damage

Commercial General A. Premises / Operations B. Independent Contractors C. Products / Completed Operations D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground

Property Damage

Automobile

$1,000,000.00 Combined single limit Bodily Injury and Damage

Liability

A. Owner Leased Automobiles B. Non-Owned Automobiles C. Hired Automobiles D. Owned Automobiles

• Proof of Insurance: The Contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming owner as Additional Insured must accompany the Certificate of Insurance.

Permits, Impact and Inspection Fees. In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder. The anticipated cost of the permit fees due to the Building Division is provided as a fixed line item on the bid form, specifically indicated in the scope of work, or attached as an appendix to the invitation to bid. This amount does not include fees for any necessary re-inspection(s), which are the responsibility of the Contractor.

Conditional Offers: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non-responsive.

Bid Submission: All bids and required documents must be submitted electronically via the Bonfire portal prior to the closing date and time for the bids. Verbal, printed, emailed or faxed bids will not be considered, nor will late submittals. The County will not reimburse any bidder for costs associated with preparation or submittal of this bid.

Public Record Exemption: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes.

Should the Bidder assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Bidder.

Errors: Carelessness in quoting prices, or in preparation of the bid otherwise, will not relieve the bidder from performance.

Bid Rejection: Failure to comply with all the enclosed instructions may result in rejection of the bid.

Opening Location: A public meeting will be held at the date and time stated as the deadline for receipt of bids at the Indian River County Procurement Division, Room B1-303, 1800 27th Street, Vero Beach, FL 32960. During this meeting, names and prices, unless the bid is obviously non-responsive, will be announced.

Bid Security and Public Construction Bond: An Electronic Bid Bond, provided by Surety2000.com (verified by an eleven-digit code, which is generated by the Surety2000 system) must be provided with every bid over $200,000, in an amount not less than 5% of the total amount of the bid. Bid security must be issued by a surety company authorized to conduct business in the State of Florida.

Alternately, a certified check or a cashier’s check, drawn on any bank authorized to do business in the State of Florida, may be mailed or hand delivered to the Procurement Division (1800 27th Street, Room B1-301, Vero Beach, FL 32960), and is due prior to the deadline for receipt of bids.

In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the County and furnish the required 100% Public Construction Bond via Surety2000, insurance certificates, and any other documents requested in the Notice of Award within the timeframe set by the County. If Bidder fails to do so, the Bid Security will be retained by the County as liquidated damages and not as a penalty. If bid does not exceed $200,000, no Public Construction Bond will be required. Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

Irrevocable Offer: Bidder warrants by virtue of submitting a bid, that the prices quoted will remain firm and be considered an irrevocable offer for a period of sixty (60) days, during which time one or more of the bids received may be accepted by the County. The Board of County Commissioners shall deem the offer accepted upon approval.

Withdrawal of Bids: If, within 48 business hours after Bids are opened, any bidder files a duly signed written notice to the Procurement Division, and promptly thereafter demonstrates to the reasonable satisfaction of the Procurement Manager that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned.

Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work.

Co-Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County. However, by virtue of bidding, the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal, when appropriate. The successful bidder and the requesting Governmental agency, apart from Indian River County, shall handle any such purchases separately. Further, County assumes no liability for materials or services ordered by any other Governmental agency by virtue of this bid. Bidders that find this condition unsatisfactory should indicate this by marking “no” in the questionnaire under Piggybacking.

Public Record Exemption: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Bidder assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Bidder.

Local Preference: County has no local ordinance or preferences, as set forth in Florida Statutes section 255.0991(2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid.

Prohibition Against Considering Social, Political or Ideological Interests in Government Contracting: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County may not request documentation of, or consider a Bidder's social, political, or ideological interests when determining if the Bidder is responsible, and may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

Unbalanced Bids: The County will reject any bid that is unbalanced, if it is in the best interest of the County to do so. A bid will be considered unbalanced when, in the opinion of the Procurement Manager, the bid allocates a disproportionate share of costs to the price of one or more bid items in order to reduce the costs to the price of another bid item or items, and if there is a reasonable possibility that the bid will not result in the lowest overall cost to the County.

Supplemental Information: The County reserves the right to conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other relevant parties to perform and furnish the work. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within 5 days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. Failure to provide any requested information may result in the determination of the Bidder as non-responsible.

Awards: The County reserves the right to cancel the bid, accept or reject any and all bids in whole or in part, and waive any irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive, responsible Bidder, rebidding of the project is not required.

Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive.

The County reserves the right to not make any award(s) under this bid.

Bid Protest: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement Manager. The protest shall be submitted to the Procurement Manager in writing within five (5) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Procurement Manager shall promptly issue a decision in writing, after consulting the using Department and the Office of the County Attorney.

Applicable Law and Venue: The resulting Agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated within. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida.

Cancellation: It is the intention of the County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award.

Termination by the County: The County reserves the right to terminate a contract by giving thirty

(30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause.

Non-Collusion: By signing and submitting the Bid Form, the Bidder certifies that,

• This bid has been arrived at by the Bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and

• The contents of the bid have not been communicated by the Bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid.

• No attempt has been made or will be made by the Bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition.

Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County-approved form. Failure to submit the form will be cause for rejection of the bid or proposal.

Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

Suspension and Debarment: County will not make award to parties listed on the government-wide exclusions in the System for Award Management (SAM). The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. By submittal of a bid in response to this solicitation, bidder asserts neither it nor its principals is presently debarred, suspended or proposed for debarment, declared ineligible, or voluntarily excluded from participation in this work by any Federal department or agency. For work funded by federal grant, contractor is required to have an active registration with the System for Award Management (SAM) (https://www.sam.gov) prior to execution of the agreement.

Scrutinized Companies Lists: The bidder certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if Company is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.

Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached “Certification Regarding Prohibition Against Contracting With Scrutinized Companies.”

Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration.

Non-Discrimination: County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County’s Title VI/Nondiscrimination Coordinator through the office of the County Attorney.

E-Verify: Bidder must be registered with and use, at their sole expense, the Department of Homeland Security’s E-Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S. Owner, contractor, and subcontractors may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Contractor is responsible for obtaining proof of E-Verify registration for all subcontractors. This requirement applies to any provider of services or goods.

Assignment/Delegation: No right, obligation or interest in an awarded Agreement may be assigned or delegated by the Bidder without prior written consent of the County, without prejudice to County’s other rights and remedies.

https://www.sam.gov/ http://www.e-verify.gov/

Energy Policy and Conservation Act – The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by the resulting Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference.

Noncompliance may be considered grounds for termination of contracts.

Affirmative Steps: CONTRACTOR should take the following affirmative steps to ensure minority business, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered when possible:

1. Include these business types on solicitation lists;

2. Ensure these business types are solicited whenever they are eligible as potential sources;

3. Divide procurement transactions into separate procurements to permit maximum participation by these business types;

4. Establish delivery schedules that encourage participation by these business types;

5. Utilize organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;

6. Apply this section to subcontracts.

Department of Homeland Security Seal: If this project is federally-funded, Contractor must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

Indemnification (non-Construction): CONTRACTOR shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor, or its employees, agents, subcontractors, or other persons or entities performing work under the contract.

Indemnification (Construction): CONTRACTOR shall indemnify and hold harmless the County, and its commissioners, officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of the construction contract.

Records/Audit: The Bidder shall maintain books, records and documents pertinent to performance under this Invitation and any resulting Agreement in accordance with generally accepted accounting principles consistently applied. The County and the Florida Office of the Inspector General shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this work or purchase shall be made available until a final disposition has been made of such litigation, appeals, or claims.

Public Access: The Bidder shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes.

Delivery Requirements: Delivery of goods is “FOB Destination” unless delivery terms are specified otherwise in the specifications. If County agrees in writing to reimburse Seller for transportation costs, County shall have the right to designate the method of shipment. In either case, the title and all risk of loss of the goods shall remain with the Seller until the goods are received and accepted by the County.

Rejected materials will be returned to Seller at the Seller’s risk and expense.

Descriptive Information: Descriptive literature including Specifications must accompany your bid for goods. Manufacturer’s name and model numbers are used herein solely for the purpose of establishing a standard of design, quality, and use of the merchandise required. Products of other manufacturers will be acceptable if they meet or exceed established standards with the exception of those items specified “NO SUBSTITUTION”.

Manufacturer’s Certification: County reserves the right to request from the Bidder a separate manufacturer’s certification of all statements made in the bid.

Domestic Preference for Procurement: In accordance with 2 CFR 200.322, County will extend a preference for the purchase, acquisition or use of goods, products or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement and other manufactured products), to the maximum extent practicable.

Price and Discount Requirements: Quote net prices after deducting trade discounts. All discounts must be incorporated in the prices contained in the bid, and not shown separately. Invoices submitted must agree with the prices formally bid.

Taxes: County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful bidder and will be filled out by the County.

Delivery and Completion Dates: Indicate delivery and completion dates. This may be a determining factor in the award of the bid. The County may, at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Bidder. Such grant must be in writing and made part of the resulting Agreement.

Direct Purchase: County reserves the option to purchase certain tangible materials necessary for the performance of the Contract, and thereby save the amount of the sales tax thereon by virtue of the Owner's status as a Tax Exempt Institution. For the purpose of these procedures, the Contractor will assign to the County any rights the Contractor may have under quotes, contracts or commitments received from the particular vendor or supplier for the materials described in the requisition. The invoiced amount of County Purchased Materials and applicable sales tax, had the purchases not been tax exempt, once finalized through the Owner’s Purchase Order and after confirmation of completed delivery and acceptance, will be deducted from the Contractor’s Contract price via Change Order.

Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance and authorization of payment shall be given after a thorough inspection indicates that the item is delivered in accordance with the Bid Specifications. Suppliers are advised that in the event the delivered item does not meet specifications, payment will be withheld until such time the supplier takes necessary corrective action.

Default Provision: In case of default by the Bidder, County may procure the articles or services from other sources and hold the Bidder responsible for excess costs incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance.

Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence.

End of General Terms and Conditions