9-2026015 Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling.pdf

Invitation to Bid

Project Name: Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling

Bid #: 2026015

Bid Bond Required: 5% if bid over $100,000

Public Construction Bond Required: Yes, if total award is over $100,000

Pre-Bid Meeting time/location: N/A

Bid Opening Date: January 21, 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.

2026015 Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling

Technical Specifications

General The work is located Countywide within the Indian River County Utility Urban Service Area.

Wastewater Treatment Facilities are located at:

Central Regional WWTF 3550 49th Street

South Regional WWTF 2500 6th Ave SW

West Regional WWTF 8405 8th Street

Scope Indian River County Utilities is the owner of three wastewater treatment facilities (WWTFs) and the Indian River County Biosolids Dewatering Facility (Biosolids Dewatering Facility) located at 1350 74th Ave. SW, Vero Beach, FL 32968. This facility receives domestic residuals, septage and grease from the three County WWTFs, local septic tank haulers, and recreational vehicles from residents. The County is requesting bids from qualified CONTRACTORS to operate the Biosolids Dewatering Facility and haul sludge from the three County-owned WWTFs to the Biosolids Dewatering Facility. CONTRACTOR will also be responsible for dewatering the sludge and disposing of it in the Indian River County Landfill located at 1325 74th Ave. S.W.

The CONTRACTOR will be responsible for providing all labor, equipment, trucks, trailers, operators, drivers, chemicals, and supplies to haul sludge from the WWTFs to the Biosolids Dewatering Facility, dewater it, and dispose of it in the landfill. The CONTRACTOR will also be responsible for the cost of the electricity required to operate the CONTRACTOR’s centrifuge equipment. The County will not be responsible for providing any labor, equipment, trucks, trailers, operators, drivers, chemicals, or supplies to the CONTRACTOR other than the Biosolids Dewatering Facility. The County will be responsible for the cost of the water, telephone, and alarm monitoring at the Biosolids Dewatering Facility.

The County-owned WWTFs have the capability of producing an annual volume of approximately 30 million gallons, and such residuals are required to be hauled to the Biosolids Dewatering Facility, dewatered, and disposed of at the County Landfill. The hauling, dewatering, and disposal of such is to be conducted by a professional licensed CONTRACTOR in accordance with the following.

Technical Specifications

OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY

1. CONTRACTOR shall at a minimum operate and staff the Biosolids Dewatering Facility (“Facility”) between the hours of 7:00 A.M. and 3:30 P.M Monday through Friday and 9:00 A.M. and 12:00 P.M., Saturday.

2. The CONTRACTOR shall operate the Facility on all Holidays with the exception of Christmas Day, New Year’s Day, Labor Day, 4th of July, and Thanksgiving Day. In the event of heavy rains, the CONTRACTOR may be required to operate the Facility for extended hours on an as needed basis.

3. CONTRACTOR shall operate the Facility in accordance with the Florida Department of Environmental Protection (FDEP) Domestic Wastewater Facility Permit (Permit No. FLA010434, “the FDEP Permit”, included as Appendix A.

4. CONTRACTOR shall provide a qualified, certified operator in accordance with the FDEP Permit for operation of the Facility. At a minimum, the operator shall be Class B or higher operator and be onsite 1 hour/day for 3 days/week. The operator’s qualifications shall be submitted to the County for approval.

In addition, other personnel that are trained in the treatment process and equipment being used, working under the direction of a certified operator, shall be present at the Facility during loading and unloading operations and during other operating hours. A certified operator, with all of the qualifications referenced above, shall be on call during periods the plant is unattended.

5. Bidders shall include the number of daily and monthly man-hours of operator coverage anticipated to be provided. This information shall be labeled as Monthly Man-Hours. Failure to include may result in disqualification of your bid.

6. Monitoring results shall be reported at the intervals specified in the FDEP Permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10). The CONTRACTOR shall submit a copy of the DMR to the County a minimum of three days prior to the due date of the monthly report for review. DMRs shall include at a minimum the following:

• Flow, liquid sidestream to the West Regional Wastewater Treatment Facility

• Biochemical oxygen demand

• Total suspended solids

• pH

• Bulk weight of dewatered product

• Percent solids of dewatered product

• Dry weight of dewatered product

• Total grit removed from septage

Submittal and approval of the DMR from a compliance perspective with all applicable regulatory requirements shall be a condition for payment of the CONTRACTOR’s unit treatment cost for the particular month covered by the DMR. Payment of the CONTRACTOR’s unit treatment cost for the particular month will only be approved if the DMR shows that the CONTRACTOR’s is operating the Facility in compliance with the permit conditions listed in FDEP Permit No. FLA010434.

7. CONTRACTOR shall collect and analyze all parameters which must be monitored in accordance with Chapter 62-601, F.A.C. CONTRACTOR shall maintain properly executed load manifests and daily scale weight ledgers on-site and be readily available for FDEP and/or County inspection. The reports shall address the total quantity of domestic residuals, septage, and grease processed and trucked away each day.

8. Field activities including on-site tests and sample collection, whether performed by a laboratory or a certified operator, must follow the applicable procedures described in DEP-SOP-001/01 July 30, 2014.

Alternate field procedures and laboratory methods may be used where they have been approved according to the requirements of Rules 62-160.220, and 62-160.330, F.A.

10. CONTRACTOR shall maintain all documentation required by regulatory agencies and make such documentation available to the County upon request. CONTRACTOR shall maintain the following records and make them available for inspection at the permitted Facility:

a. Records of all compliance monitoring information, including all calibration and maintenance records and all data for continuous monitoring instrumentation and a copy of the laboratory certification showing the certification number of the laboratory, for at least three years from the date the sample or measurement was taken;

b. Copies of all reports required by the permit for at least three years from the date the report was prepared;

c. Records of all data, including reports and documents, used to complete the application for the permit for at least three years from the date the application was filed;

d. A copy of the current permit;

e. A copy of the current operation and maintenance manual as required by Chapter 62-600, F.A.C.;

f. A copy of the facility record drawings;

g. Copies of the licenses of the current certified operators; and

h. Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date of the logs or schedules. The logs shall, at a minimum, include identification of the plant; the signature and license number of the operator(s) and the signature of the person(s) making any entries; date and time in and out; specific operation and maintenance activities; tests performed and samples taken; and major repairs made. The logs shall be maintained on-site in a location accessible to 24-hour inspection, protected from weather damage, and current to the last operation and maintenance performed.

11. CONTRACTOR shall furnish all labor, materials, equipment and incidentals required to dewater the sludge complete with all pumps, piping, valves, and all appurtenances necessary to connect to the Biosolids Dewatering Facility.

12. CONTRACTOR shall meet all local ordinance requirements including the Noise Ordinance in Chapter 974.

13. CONTRACTOR will be responsible for purchasing the electricity, chemicals and fuel to be used at the Biosolids Dewatering Facility during the dewatering process only.

14. CONTRACTOR shall be responsible for the clean-up of any leachate, sludge, or residuals spills caused by the CONTRACTOR, on or off Indian River County property, as well as any required notification of, and documentation to regulatory agencies. The County shall be immediately notified of any spill.

15. The operation of the Biosolids Dewatering Facility directly impacts the downstream treatment facility. Due to environmental concerns and treatment facility compliance regulations, the COUNTY reserves the right to negotiate performance requirements and expectations of the CONTRACTOR dewatering process.

DEWATERING

1. CONTRACTOR shall process sludge generated at the three County-owned WWTFs (approximately 14 million gallons per year with a feed percent solids range 2 percent to 3 percent). Additional sludge generated within the County, which is a mixture of septage and grease, is anticipated to be up to an additional 20 million gallons per year. This figure is an estimate only. The feed percent solids range is also an estimate only. The CONTRACTOR shall be responsible for accepting and dewatering the sludge regardless of solids percentage. NOTE: CONTRACTOR shall assume all responsibility for the proper disposition of all sludge once it is accepted by the CONTRACTOR.

2. CONTRACTOR shall mobilize, set up, and begin processing Biosolids within seven days of receipt of the Notice to Proceed.

CONTRACTOR shall accept all presented sludge, unless the sludge is not of a type which CONTRACTOR is legally authorized by regulatory agencies to process (such as sludge that has a distinctive color or odor that may indicate that it is Hazardous Waste).

3. CONTRACTOR shall utilize its own centrifuge equipment for dewatering operations.

4. CONTRACTOR shall perform daily Total Solids Percent testing and submit the test reports to the County on a weekly basis. Grab samples of the sludge feed, centrate, and cake shall be taken each hour for each operating centrifuge. Each grab sample shall be combined in equal portions into daily composites for the sludge feed, centrate and cake. Each composite sample shall be analyzed for Total Solids Percent. These samples are in addition to any other parameters that may be required by the FDEP permit. The CONTRACTOR shall complete an operational log sheet, which will be provided by the County, showing the time and operating conditions at the time each grab sample is taken. The operating conditions on the log shall include but not be limited to centrifuge speed, drive amps, torque, feed rate, totalizer flow number, polymer rate, polymer setting, holding tank feeding centrifuge, holding tank level.

5. CONTRACTOR shall dewater sludge to a minimum Total Solids Percent of 17 percent solids, and guarantee that the sludge will pass a paint filter test upon final disposition. In the event the Total Solids Percent test shows that the minimum Total Solids Percent (17 percent) was not met, payment for that day will not be approved.

6. County sludge volume calculations shall be based on dry tons produced, or other mutually acceptable and agreed-upon methods, yielding a net price per dry ton produced.

7. CONTRACTOR’S centrifuge dewatering equipment shall be self-contained in operation. The County will provide an electrical connection point and connection points to the biosolids holding tank and the centrate lift station. CONTRACTOR shall be responsible for all connections to County equipment.

8. The CONTRACTOR shall be responsible for the cost of the electricity required to operate the CONTRACTOR’s centrifuge equipment. The County will meter the electricity required to operate the CONTRACTOR’s centrifuge equipment and deduct the cost from the CONTRACTOR’S monthly invoice.

9. CONTRACTOR will be responsible for purchasing the chemicals and fuel required for the dewatering process.

10. CONTRACTOR’s centrifuge dewatering equipment shall meet all current noise ordinance requirements as outlined in the Indian River County Code of Ordnances Chapter 974 Noise and Vibration Control.

11. CONTRACTOR shall provide adequate, trained personnel to efficiently process sludge.

12. CONTRACTOR shall provide sufficient replacement dewatering equipment within 48 hours in the event of mechanical failure.

13. CONTRACTOR’S centrifuge dewatering equipment shall be portable and capable of dewatering all generated sludge on a mutually-agreeable schedule; however, Indian River County shall have final approval of said schedule.

14. CONTRACTOR shall provide the necessary equipment to deliver dewatered sludge to the Class I landfill cell at the Indian River County Landfill. Indian River County shall be responsible for the tipping fees.

15. CONTRACTOR shall be responsible for the clean-up of any leachate, sludge, or residuals spills caused by the CONTRACTOR, on or off Indian River County property, as well as any required notification of, and documentation to regulatory agencies. The County shall be immediately notified of any spill. CONTRACTOR shall be responsible for paying all fines or regulatory penalties that result from the spill or spills caused by the CONTRACTOR.

16. CONTRACTOR shall maintain all documentation required by regulatory agencies and make such documentation available to Indian River County and regulatory agencies upon request.

17. CONTRACTOR’s responsibility for Indian River County sludge shall cease upon final disposal in the Class I landfill, or other locations authorized by the County.

18. The CONTRACTOR shall dewater the Biosolids in a way so that the effluent side stream is of an acceptable quality for further treatment at the downstream treatment facility. High solids content or other undesirable properties from the dewatering process effluent side stream that adversely affects the sewage collection system or the wastewater treatment process will result in charges to the CONTRACTOR dependent upon the severity and extent of the effects on the treatment process and sewage collection system.

SLUDGE HAULING SERVICES

1. CONTRACTOR shall pump and haul sludge from the three County owned and operated WWTFs to the Biosolids Dewatering Facility, as approved by the FDEP.

a. The quantity picked up shall be at the discretion of the WWTF Operator in charge. The

CONTRACOTR shall be capable, on any day of the week needed, of hauling sludge from any Indian River County WWTFs at a minimum of 50,000 gallons from each, between the hours of 7:00 A.M. and 3:30 P.M Monday through Friday and 9:00 A.M. and 12 P.M., Saturday. Hauling delays as a result of lack of available equipment will not be acceptable and will result in non-payment. Historically the facilities have had approximately 14 million gallons of sludge hauled over a 12-month period.

b. Any changes in schedule will require a 24-hour notice to the operator of the WWTF.

CONTRACTOR must respond to the operator’s request to pump and haul sludge within 48 hours between the hours of 7:00 A.M. and 3:30 P.M Monday through Friday and 9:00 A.M. and 12 P.M., Saturday.

c. All drivers must be CDL licensed and insured for this work. Proof of CDL license and insurance for all drivers must be provided by the CONTRACTOR.

d. CONTRACTOR shall furnish certification of liability / property damage, vehicle insurance, and workman’s compensations required by law and the instructions to bidders.

e. Indian River County may utilize an alternative means of sludge disposal in an emergency situation.

f. Any expense in excess of the contracted rate incurred, as a result of the failure of the

CONTRACTOR to meet the conditions stated herein, shall be borne by the CONTRACTOR.

2. Estimated Haul Quantities and Locations:

a. South Regional WWTF Quantity 2,500,000 gallons

b. West Regional WWTF Quantity 9,000,000 gallons

c. Central Regional WWTF Quantity 5,500,000 gallons

Interpretation and Approximate Quantities The Bidder’s attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the specifications as shown on the proposed form, or elsewhere, is approximate only and not guaranteed. Indian River County does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Selected Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other condition pertaining thereto. Indian River County will not be bound by any exact quantities on this bid. The quantities are estimated and may increase or decrease depending on the needs of Indian River County.

PROJECT REQUIREMENTS

Bidder or Sub Contractor must possess the following licenses and registrations at the time of bid:

State of Florida Department of Environmental Protection Class B or Higher Wastewater Operator Certification State of Florida Department of Transportation Class A Commercial Driver’s License

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 Purchasing 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.

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 G. Pollution Liability

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 Purchasing 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: Bid security must accompany each Bid over $35,000, and must be properly executed by the Bidder and by a qualified surety. 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 Purchasing Division (1800 27th Street, Room B1-301, Vero Beach, FL 32960) prior to the deadline for receipt of bids. Bid Security must be in the sum of not less than five percent (5%) of the total amount of the bid, made payable to “Indian River County Board of County Commissioners.”

Electronically signed bid bonds are acceptable.

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 and insurance certificates 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 $100,000, 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 Purchasing Division, and promptly thereafter demonstrates to the reasonable satisfaction of the Purchasing 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 Purchasing 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 Purchasing Manager. The protest shall be submitted to the Purchasing 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 Purchasing 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.

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