Page 1 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement REQUEST FOR BID (RFB) 2019-3143 Martin County Board of County Commissioners Purchasing Division 2401 S.E. Monterey Road Stuart, Florida 34996 pur_div@martin.fl.us www.martin.fl.us The Board of County Commissioners, Martin County, Florida, will receive sealed bids for: PINEAPPLE PARK IRRIGATION PUMP REPLACEMENT Sealed bids will be received by the Information Desk on the 1 st Floor at the address above until 2:30 PM local time, on Wednesday, MAY 29, 2019. Bids received after the designated time and date will not be considered. The complete bid document may be downloaded from www.demandstar.com (online bidding site). Martin County is an equal opportunity/affirmative action employer. By order of the Board of County Commissioners of Martin County, Florida. This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback Page 2 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement LIST OF CONTENTS Bidders must register with the online bidding site in order to receive all required documents and notification of addenda. This document includes: 1. Scope of Work 2. Instructions to Bidders 3. Terms & Conditions 4. Sample Agreement between County and Contractor 5. Bidder’s Qualification Statement 6. Local Vendor Preference (Forms 5 – 6 also available in Microsoft Word on www.demandstar.com) The following forms can be downloaded separately: 1. Bid Form 2. Technical Specs 3. Pump Station Drawings Going Greener!! One original of the following documents must be returned with bid. Do not return any other pages or documents unless specifically requested in the RFB. If e-bidding, upload documents as one complete document rather than separately (no paper copy necessary).  Bid Form  Bidder's Qualification Statement  Local Vendor Preference Certification (only return if you are eligible)  Addenda (if any)  Specifications Prohibited Communications: Potential bidders shall not communicate in any way with the Board of Commissioners, County Administrator, or any County staff, other than Purchasing personnel, regarding this Request for Bid (RFB) from the time of bid advertisement through, and including, bid award except during scheduled pre-bid meetings. Such communication shall result in disqualification. Page 3 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement SCOPE OF WORK Self-enclosed irrigation pump station which shall be located at Pineapple Park, Jensen Beach, FL., to be supplied and installed by the Contractor. The irrigation pump station to be installed shall be a skid mounted, prefabricated variable frequency drive pumping unit as manufactured by Hoover, Rain Bird, Watertronics, MCI or approved equal. The pump station shall be capable of supplying 350gpm @ 85 PSI Station Discharge. The pump system shall be supplied and wired to operate on 480-volt, three (3) phase power, 60 Hertz. The pump station shall meet or be equal to the following specifications as interpreted by the Consultant. Work shall be completed 120 calendar days after Notice to Proceed is issued. CONTRACTOR REQUIREMENTS: 1. The Contractor shall provide and install the pump station, intake structure & pipe, floating intake screen (intake screen provided by pump station Contractor), discharge drop piping (provided by pump station Contractor), set the pump station (crane provided by Contractor), connect all irrigation piping. 2. A complete specification and submittal of all major components for the proposed pump station with individual pump performance verification. 3. A detailed pumping station proposal drawing complete with component location, sizes and dimensions specific to the installation. 4. A complete electrical schematic for all high and low voltage circuits showing breaker/ fuse sizing, wire numbering and color. 5. Pump station Contractor U.L. file number for the electrical controls and pump station. 6. A copy of the Contractor’s certificate of insurance. 7. Product support technicians shall be capable of accessing all information pertaining to the pumping equipment, e.g. electrical schematics, pump curves, program data, bill of materials, etc. The Contractor shall have at least one technician on call seven (7) days a week. 8. The pump station Contractor shall provide factory authorized or factory direct service personnel for the set, start-up, preventative maintenance and general service of the pump system. A factory authorized, or factory direct service technician must be located within a one-hundred (100) mile radius of the project site. The pump systems technician must have a minimum of five (5) years’ experience. The pump station Contractor shall provide technical phone support twenty-four (24) hours a day, seven (7) days a week. PUMP STATION GENERAL SPECIFICATIONS: 1. Design Flow: 350 GPM @ 85 PSI station discharge pressure 2. Freight: Freight to job site in Jenson Beach, Florida to be included in pumping system price. (3102 NE Hillman Drive, Jensen Beach, Florida 34957) 3. Start-up and Calibration: by factory authorized personnel to be provided by the Contractor. General Information a. The pump station performance at enclosure limits shall be as noted in the technical specifications. The capacity, discharge pressure, dynamic inlet pressure and intake and discharge pipe dimensions shall be per the technical specifications. The pump shall operate at no more than 3600 RPM. The power supply to the station shall be as noted in the technical specifications. Page 4 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement b. The station shall be completely wired, piped, dynamically flow and pressure tested prior to shipment. c. Operational sequence: The pump shall activate automatically upon detecting flow if inlet pressure is greater than 30 PSI or a drop-in pressure. Operation shall be maintained at an adjustable minimum flow. The pump shall be automatically retired when system flow drops below the minimum adjustable set point for an adjustable time delay. d. Construction: Construction shall be of modular form utilizing a steel base structurally adequate to support pumps, piping, and electrical equipment as a single integral assembly. All nuts, bolts washers, and fasteners shall be stainless steel, zinc or cadmium plated for corrosion resistance. Pump & Motor a. Pump: shall be electric motor driven, horizontal centrifugal with mechanical shaft seal, volute case and impeller. The shaft seal shall be a self-adjusting mechanical type to prevent leakage and eliminate the need for drain piping. The volute case shall be precision machined from gray cast iron and engineered to modern hydraulic standards. It shall be possible to rotate the discharge connection to any of four positions. A heavy cast iron bracket shall maintain alignment between the motor and volute case. The impeller shall be an enclosed type and balanced to provide smooth operation. The impeller shall be keyed to the shaft and locked with a special cap screw and washer. The motor shaft is to be manufactured from high grade steel and of reduced length to increase shaft rigidity, extend bearing life, and reduce the overall length of the pump and motor assembly. The motor shaft shall be protected with a replaceable stainless-steel sleeve. The pump motor and impeller shall be removable from the back of volute case for service without disturbing the plumbing. b. Motor: shall be a squirrel cage induction horizontal solid shaft type. The pump impeller shall be direct mounted and keyed to motor shaft with stainless steel protective sleeve. The temperature rise of the motor shall be to NEMA Standard MG-1-12.42 for class B or Class F insulation. Radial and thrust bearings of ample capacity to accommodate the hydraulic thrust of the pump shall be incorporated into the motor. The motor shall be proper size to drive the pump at any point on its operation curve without exceeding the motor service factor. Equipment: Pipe Manifold, Valves, Gauges & Other Mechanical Equipment a. Fabricated Piping: All fabricated piping shall conform to ASTM specifications A53 for Grade B welded or seamless schedule 40 pipe. All welded flanges shall be forged steel, slip-on or weld neck type. All welded fittings shall be seamless, ASTM Specification A234, with pressure rating not less than 150 PSI. b. Check Valve: Pump check valve shall be of the silent operating type that begin to close as forward velocity diminishes and be fully closed at zero velocity preventing flow reversal. Valve bodies shall be cast from ASTM-126C cast-iron or better and shall be free from blow holes, sand holes, and other impurities. The valve design shall incorporate a center guided, spring loaded poppet, guided at opposite ends and having a short linear stroke that generates a flow area equal to the pipe diameter. Internals shall be machined bronze disc, seat, and stem guide. Valves shall be sized to permit full pump capacity to discharge through them without exceeding a pressure drop of 2.5 PSI. Valves 4” and smaller to be pressure rated for 250 PSI. c. Station Discharge & Isolation Valve: Isolation valves shall be butterfly type with ten position lever for sizes 4" and smaller and gear operators for sizes above 4". All shall be rated at 200 psi WOG working pressure. Trim shall include stainless steel stem, bronze or nickel coated iron streamlined disc, and full faced resilient seat designed to eliminate need for flange gaskets. Page 5 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement d. Drain Valve: Drains are to be provided from any possible low point in the system and are to consist of 1/4" brass petcocks. e. Pressure Gauges: A compound pressure gauge shall be located on the pump inlet piping and on the discharge manifold for easy reading of the suction vacuum/pressure and discharge pressure. Pressure gauges shall be 304 stainless steel case and bezel construction. Gauges shall be 3” diameter, liquid filled. Pressure sensing connection shall be 1/4" NPT lower gauge connection. f. Variable Frequency Drive (VFD) Pressure Regulated: The variable frequency drive shall be IGBT based with selectable carrier frequency up to 15 KHZ. The VFD shall include terminals for incoming power, motor output power and control terminals. The VFD shall generate a sine-coded, variable voltage/ frequency, three phase output for optimum speed control. The VFD shall incorporate power loss ride- through for a minimum of 2 seconds. VFD protective features shall include current limit, auto restart, short circuit protection, electronic motor overload protection and ground fault protection. The VFD shall have a push button programming display for easy access to operation parameters. The VFD shall be protected on the primary side by fuses of the appropriate amperage. Overload capacity: 120% rated output current for one minute. Voltage Fluctuation: +10%, -15%. Sine wave PWM with full range, automatic torque boost. Frequency Control Range: 0.1 to 400Hz. Frequency Accuracy: Digital, 0.01Hz, Analog. .1%. Motor overload protection, Instantaneous Over current of 180% of rated output current. Over voltage at 820VDC if 460V input. Under voltage: user adjustable. Momentary Power Loss: up to 2 second ride through. Electronic Ground Fault. LED capacitor charge indicator. Input Phase loss alarm. Ambient temperature range of 0 to 50 degrees C. Humidity of 95% non-condensing. g. Pressure Transducer: A solid state pressure transducer shall provide a noise free, linear output proportional to discharge pressure. Transducer shall be solid-state, strain gauge type with integral voltage regulation and output accuracy not less than 0.25%. Transducer shall be constructed of stainless steel and rated for the pump station discharge pressure called out in the technical specifications. Electrical Controls a. All control panels must meet or exceed the Federal Communications Commission, (FCC), Standard #15 for emitted and conducted noise. b. Panel UL File Number: E142155: The complete control panel assembly shall be built in accordance with the provisions of the National Electrical Code and shall bear the U.L. listing mark for NEMA 1 industrial control panels along with the pump station Contractor’s U.L. panel shop file number. c. Motor Combination Starter Breaker: Each motor shall be protected by a MSP combination starter and breaker. Device will be UL 508 Type F. Motor starter protector and contactor are electrically and mechanically linked by means of a link module and adapter plate. All starters are suitable for use in group installation applications according to NEC-430-53(c). d. Main Station Disconnect & Fusing: A three-pole, service rated main station disconnect shall be mounted in a separate NEMA 4 enclosure outside the pump station enclosure to completely isolate the pump station electrical system from incoming power. The service disconnect shall not be located inside the pump enclosure. e. Programmable Logic Controller: The pump sequence controller shall be an industrial grade PLC with diagnostic LED for monitoring of discrete inputs and outputs. Not less than two additional analog inputs and outputs shall be standard for monitoring and control purposes. The PLC shall contain two communication ports for monitoring and programming purposes. The PLC shall contain an EEPROM, battery backed RAM and non-volatile memory for storage of critical configuration data. Page 6 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement f. Operator Interface: The operator interface shall display pump system running status including timer status and alarm status on a digital operator interface display. For security, the operator interface shall have password protection to prohibit unauthorized access to certain parameters. The interface shall also have a built-in diagnostics function for the status of the programmable controller. The operator interface will be able to show current GPM and total GPM and Elapsed Run Time. g. Secondary Control Circuit Fuses: Single-pole secondary distribution fuses with appropriate ratings shall supply power to the pump starter coil circuit, the control system and to other circuits as specified. h. Pump Thermal Switch: The water temperature entering the pump shall be sensed by a thermal switch. The thermal switch shall be located at the entrance to the pump and shall be screwed into a pipe fitting either in the pump case or a dedicated piolet. Externally mounted snap disc type thermal switches will not be accepted. The thermal switch shall activate upon a temperature rise above 120 degrees Fahrenheit. i. Flow Sensor: The pump station discharge manifold shall incorporate an insertion type, pulse frequency output flow sensor for continuous output to the pump station controls. The flow sensor output pulse shall be conditioned and fed directly to the PLC interrupt input for conversion and display in Gallons Per Minute and totalize. For accuracy and security considerations, conversion to an analog signal prior to PLC input shall not be accepted. Flow sensor accuracy shall be no less than 2% for flow velocities ranging from 1-30 feet per second. j. National Eclectic Code Standard (NEC): Electrical controls shall conform to National Electrical Code Standards and be U.L. listed. k. Lightning Arrestors: The main power supply to the pump station shall be equipped with a secondary lighting arrestor having a breakdown current rating of not less than 60,000 Amps at 14,000 Volts discharge. Power supplies 300 Volts and less shall use a 300 Volt arrestor with an 800 Volt spark-over Voltage. Power supplies up to 600 Volts shall use a 600 Volt rated arrestor with a 1,000 Volt spark-over Voltage. l. Corrosion Inhibiting Modules: Corrosion inhibiting modules shall be installed in the main electrical control enclosure in accordance with the Contractor 's recommendations. m.Low Discharge Pressure Safely Shutdown: Low discharge pressure is to be sensed by the pump starting set point. When the station discharge pressure decreases to this point and maintains a start signal for the time called out in the Technical Specifications, the pumps will be de-energized and remain so until the circuit is manually reset. The operator interface shall illuminate to indicate a low discharge pressure shutdown has occurred. n. High Pressure Safety Shutdown: High discharge pressure is to be sensed by the pump starting set point. When the station discharge pressure increases to this point and maintains a start signal for the time called out in the Technical Specifications, the pumps will be de-energized and remain so until the circuit is manually reset. The operator interface shall illuminate to indicate a high discharge pressure shutdown has occurred. o. High Pump Volute Temperature Shutdown: If the pump volute case temperature rises above 120 degrees F. for the time called out in the Technical Specifications, the pump will be de-energized and remain so until the circuit is manually reset. The operator interface shall illuminate to indicate a High Temperature Cutout has occurred. p. Variable Frequency Drive (VFD) Fault Alarm: The operator interface shall illuminate to indicate a VFD shut off fault. Manual reset required. Page 7 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement Stainless Steel Mounting Base & Marine Grade Aluminum Enclosure a. Mounting Base: Construction shall include a fabricated stainless-steel base assembly to support all components during shipping and to serve as the installed mounting base. Pump station base shall be formed from a single sheet of 1/4" plate resulting in a seamless, one-piece base with rounded edges and corners. The base shall be strategically reinforced beneath as required to provide additional support and strength. The base shall be drilled and tapped allowing the pump and manifold to be secured to the base. The exterior of the base will be drilled to accept anchoring bolts. b. Enclosure: Construction shall include a weather resistant, marine grade aluminum enclosure with welded lockable lid guides on top and bottom. The front side of the enclosure shall have oversized cooling vents. The enclosure is to be supplied with two internally mounted heavy-duty latch that shall lock to keep the access door open. All components are to be accessible from top and front sides with the door completely open. Enclosure is to be suitable for mounting to the pump station base and shall include openings for suction and discharge piping. c. Exhaust Fan: For the purpose of cooling the pump motor, switchgear and control logic, an exhaust fan shall be located inside the pump enclosure, mounted to the enclosure. The exhaust fan shall be activated upon pump start and shall run until the pump stops. The fan shall be black die-cast aluminum construction with UL94V-0 rated polycarbonate propeller and rated for not less than 240 CFM. Fan motor shall be permanent split capacitor type with stainless steel ball bearings, class B insulation and automatic thermal protection. d. Painting: Painting of piping shall consist of a multi-step coating system which includes metal preparation, rust inhibitive baked epoxy prime coat, and a two-part ultraviolet light insensitive baked polyurethane finish having total dry film thickness of not less than 5 mils. Prime coat and finish coat shall be baked at 165 degrees for not less than 30 minutes to achieve a high gloss, corrosion resistant finish. Sandstone is standard. Additional Equipment a. Drop Pipes: The inlet and discharge piping system will be attached to dual 90 degree drop pipes to provide below grade connection to a suction pipe or city water supply pipe or below grade connection to a discharge main line. Drop pipe sizes, connection fitting style and depth of bury shall be shown on the project drawings. b. Suction Pipe Assembly: High density extra high molecular weight polyethylene (HDPE) pipe suction piping of size shown in technical data sheet shall be supplied with foot valve. HDPE suction piping shall be shipped in sections and be complete with flanged ends and companion flanges for pumping system. Bolts, nuts and gaskets shall be supplied for assembly of suction piping. HDPE floats shall be supplied with mounting hardware. The foot valves shall be constructed of aluminum. They shall contain a rubber flapper which sets on a machined aluminum surface and provides a tight seal to minimize leakage. Ample space shall be provided for the flapper to fold back out of the liquid stream, keeping friction loss to a minimum. c. Service Disconnect: The incoming high voltage disconnect can be supplied as a Dead Front style. d. Auto Flushing Filter: The pump station discharge piping system will include an automatic flushing filter. The filter brand and style will be dependent on station’s maximum gallons per minute design point. The filter model number and micron level of filtration will be call out in the Technical Specifications. Page 8 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement e. Hydro Pneumatic Tank: A 200-liter hydro-pneumatic tank shall be provided; shipped loose for mounting external to pump station. Testing a. Drop Pipes: The pump station and all its component parts shall undergo a complete hydraulic and electrical test prior to shipment from the factory. Testing shall be dynamic and include operation over the entire flow range of the pump station under specified suction and net discharge pressure conditions. A plot containing actual flow, pressure, KW consumption and motor RPM shall be furnished as part of the owner’s manual. OWNER’S RESPONSIBILITY: The Owner shall provide 480 volts, 3 phase electric service with meter. WARRANTY: The Contractor shall warrant the pump station to be free of defects for twenty-four (24) months from date of start-up. Failures caused by power surges, vandalism, operator abuse or acts of God are excluded from warranty coverage. WEB BASED REMOTE MONITORING (ADD ALTERNATE): Web Based Remote Monitoring and Control Software for Personal Computer and Smart Phone – single & multiple sites (Optional; must be customer selected on quotation) The pump control system shall incorporate a remote monitoring and control system that is accessible from any web enabled device via the internet. CONNECTIVITY Pump controls: The pump controls shall be connected to the internet via a RTU (Remote Telemetry Unit) that shall transmit the pump station parameters to a secure central data collection point, from which they can be retrieved. The RTU shall communicate directly to the pump control PLC through a dedicated serial port via Modbus protocol. Generic RTU’s that monitor discrete inputs shall not be acceptable. The RTU shall poll the pump station controls continuously and transmit to the secure central data collection center only on a change of state. 1. RTU Connectivity options a. Cellular (GSM or CDMA) b. Spread spectrum radio (900 MHz) via cellular or Ethernet Bridge. The Bridge shall communicate with up to 10 RTU’s, providing access to the central data collection point via a single internet connection. 2. The RTU shall be connected to the internet via a cellular, Ethernet, or a Bridge connection as called out in the technical specification. Page 9 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement Web enabled device: The web enabled device for remote monitoring and control of the pump system shall require a browser. For PC’s, the browser shall be a minimum: 1. Internet Explorer 8.0 or higher 2. Foxfire version 3.0 or higher SECURE DATA STORAGE 1. Historic data specific to each RTU shall be stored in a password protected secure data storage facility. 2. The secure data storage facility shall be environmentally hardened, secure of viruses and power anomalies. Features a. The remote monitoring and control system shall be accessed by a secure login and password. A user hierarchy shall provide varying levels of access as defined by the system administrator. Upon successful login, the user shall be able to monitor their pump system and any attached ancillary devices on a single overview screen. Additional pump monitoring and control features shall be accessed through links from the overview screen. Specific features of this system shall include, but not be limited to: b. Graphical overview of system operations and status including pump status, flow, pressures, power draws, and regulate set points and alarms. c. Operational status of pumps: Enabled/Disabled, Running/Not Running, Position of Hand/Off/Auto switch. INSTRUCTIONS TO BIDDERS 1. Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof. Offers submitted on any other form may be disqualified. 2. All bids must be submitted in a sealed envelope, plainly marked on the outside with the bidder’s name, request for bid number, date and time of opening. 3. Submit one copy of all required bid forms. If e-bidding, upload forms as one complete document rather than separately. 4. It is the bidder's responsibility to assure that Bids are received by the Purchasing Division or Information Desk on the 1 st Floor, at 2401 SE Monterey Rd., Stuart, FL 34996 (or e-bid) by the bid deadline. Any submittal received after the stated date and time will not be accepted or considered. No faxed or e-mailed offers will be considered. No offers will be accepted or received in any other Martin County office. 5. E-bidding through the online bidding site shall be accepted in lieu of a sealed bid as outlined above. However, the bidder shall be responsible for ensuring that the required bid documents are properly uploaded and accepted by the online bidding site. The County shall not be responsible for nor accept bids not properly uploaded by the bid due date and time. 6. Bids will be publicly opened and read aloud at the above appointed date at 2:30 pm or as soon as possible thereafter. 7. A bid tabulation will be posted as soon after the bid opening as possible on www.martin.fl.us. Page 10 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement 8. Bids become a “public record” and shall be subject to disclosure consistent with Chapter 119, Florida Statutes, thirty (30) calendar days after the bid opening or upon bid award in accordance with Chapter 119, Fla. Stat.. Marking a proposal “confidential” or “proprietary” does not exclude all or any part of the proposal from disclosure under public records requirements. To claim the proposal or a portion thereof as exempt or confidential and exempt from disclosure, you must state the basis of the exemption, including the statutory citation to an exemption created or afforded by Florida Statutes; state in writing and with particularity the reasons for the conclusion that the proposal is exempt or confidential and exempt; and if only a portion of the proposal is claimed to be exempt or confidential and exempt, provide a redacted version of the proposal showing those portions claimed to be exempt or confidential and exempt. Proposals submitted with claimed exemptions shall be reviewed and release of these records shall be at the County’s discretion. Failure to notify the County of claimed exemptions constitutes a waiver and the submittal will be released as requested. 9. Bids may not be withdrawn for a period of 60 days after the public opening date. 10. Please check prices before submitting as modifications will be not be allowed after opening. All prices and notations must be in ink or typewritten. 11. Alternate bids will not be considered unless they are specifically called for in this solicitation. 12. Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the request for bid; selection or award recommendation shall file such protest in writing to the Purchasing Manager in accordance with the written protest procedures stated in the Martin County Purchasing Manual available at www.martin.fl.us (type Purchasing Manual in the Search field). 13. Questions relative to interpretation of specifications or the solicitation process, must be in writing and e- mailed to pur_div@martin.fl.us, no later than 5:00 PM on Monday the week prior to the bid due date. Any interpretations, clarifications or changes made will be in the form of written addenda issued by the Purchasing Division through the online bidding site. Oral answers will not be authoritative. 14. It will be the responsibility of the bidder to contact the Purchasing Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with their bid. 15. Potential bidders shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel from the time of bid advertisement through and including bid award. Such communication shall result in disqualification. 16. Bid must be signed by an authorized representative with full signature authority and returned with the bid. 17. Delivery shall be a factor in award (if applicable). Failure to perform within delivery deadline(s) as set forth in the specifications or any other contract document shall constitute default. 18. Split Award: Martin County reserves the right to award to the overall lowest, most responsive bidder or to award by line item should that be in the best interest of the County. 19. The County reserves the right to reject any or all bids, without recourse, to waive technicalities or to accept the bid which in its judgement best serves the interests of the County. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or borne by the County. Page 11 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement 20. Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. Destination. 21. Failure to comply with these instructions may result in disqualification of your bid. TERMS & CONDITIONS 1. Additional Terms and Conditions: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed that the general and special conditions in this solicitation are the only conditions applicable to this bid and the bidders authorized signature affixed to the bid signature section attests to this fact. 2. Award of Contract: Award will be made to the lowest, most responsive, responsible bidder. The County reserves the right to award contracts to one or more bidders. Notice of bid award shall be posted on the online bidding site. The County does not notify all bidders of award or intent to award. 3. Bid as Public Domain: All documents and other materials made or received in conjunction with this project will be subject to public disclosure requirements of chapter 119 Florida Statutes. Vendor shall not submit pages marked "Proprietary" or otherwise restricted. 4. Bidder/Offeror Qualification: a. Bids will be considered from firms with adequate personnel and inventory to perform prompt delivery and maintain regular business hours 8 a.m. to 5 p.m., Monday through Friday, excluding County holidays. b. Bids will be considered only from firms regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, with sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the requirements of the bid under the terms and conditions stated. The terms "equipment and organization: as used herein shall be construed to mean a fully equipped and well-established company in line with accepted business practices in the industry and as determined by the County. 5. Brand Names: The reference to a brand name is intended to be descriptive but not restrictive and only to indicate to the prospective bidder the expected level of quality. Bids on other than items specified by the County will be considered, provided each bidder clearly states in his bid exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive material which will clearly indicate the quality and character of the article covered by his bid. Failure to provide sufficient literature to allow an informed decision shall be grounds for disqualification. 6. Fund Availability: Any contract resulting from this solicitation is deemed effective to the extent of appropriations available. 7. Independent Pricing: By submission of this bid, the bidder certifies, and in the case of a joint bid, each party thereto certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition. Page 12 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement b. Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any offeror or to any competitor prior to opening; and c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit any bid for the purpose of restricting competition. 8. Inspection/Acceptance Title: Inspection and acceptance shall be at destination. Title and risk of loss or damage to all items shall be the responsibility of the shipper (vendor) until accepted by the using department of Martin County. 9. Insurance Requirements: The successful bidder shall not commence any work in connection with this contract until all of the following types of insurance has been obtained and such insurance has been approved by the COUNTY, nor shall the successful bidder allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved. All insurance policies shall be with insurers qualified and doing business in Florida. Certificate of Insurance Form will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Purchasing Division. This certificate shall be dated and show: a. The name of the insured Contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date. b. A per project limit must be checked under the General Liability section. c. Statement that the Insurer will mail notice to the COUNTY at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. d. County shall be named as additional named insured on Commercial General Liability and Automobile Liability Insurance of both the Contractor and all Subcontractors. e. Workers Comp, General Liability and Auto Liability policies shall include a waiver of subrogation endorsement. 10. Changes: Martin County reserves the right to order in writing changes to the scope of the contract such as change in quantity or delivery schedule. The Contractor has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the Contractor. 11. Conflict of Interest: Section 112.313, Fla. Stat., prohibits contracts with County employees, officers and advisory board members. All bidders must disclose the name of any Martin County officer or employee who owns, directly or indirectly an interest in the bidder's firm or any of its branches. Advisory Board Members may qualify for an exemption by submitting Commission on Ethics Form 3A with bid and filing such form with the Supervisor of Elections in accordance with Section 112.313(12)(b), Fla. Stat. 12. Gift Policy: Vendors or potential vendors shall not offer gifts, gratuities, subsidies or favors of any kind to a Martin County employee. Such action may cause a vendor to be debarred from doing business with Martin County. 13. Contract: The Contract between Bidder and County shall be in the form of the Agreement included herewith. The successful Bidder shall assist and cooperate with the Owner in executing the Contract, and within fourteen (14) calendar days following its presentation shall execute same and return it to the owner along with the Insurance documents and any other documentation that may be required by the Contract documents to be submitted at that time. Page 13 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement 14. Customer Service: The successful bidder shall provide a local representative to service the County's accounts. 15. Debarment: The Bidder certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State or local department, government or agency; b. Have not within a ten (10) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph b of this certification; and d. Have not within a ten (10) year period preceding this bid had one or more public/government transactions or contract (Federal, State or local) terminated for cause or default. 16. Disadvantaged Business Enterprise: Contractors, consultants, sub-contractors and/or sub-recipients shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of the contract which may result in termination of the contract or such other remedy as the recipient deems appropriate. 17. Discrepancies: The supplier shall coordinate all misidentified items, incorrect shipments, shortages, back orders and any other discrepancies. 18. Firm Prices: Prices shall remain firm for the term of the Contract. Escalations will be considered annually provided documentation is provided and price escalations appear to be reasonable. It should also be noted that in the event of price decreases, Martin County shall be offered the de-escalations. 19. Immigration Reform Act: The successful bidder(s) is required to comply with the Immigration Reform Act of 1986 (IRCA) which requires all individuals hired after November 6, 1986, to provide employers with proof of citizenship or authorization to work in the United States. 20. Laws Governing this Contract: Any contractual arrangement between Martin County and the vendor shall be consistent with, and be governed by, the ordinances of Martin County, the laws of the State of Florida, both procedural and substantive, and applicable federal statutes, rules and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Martin County, Florida. 21. Liability: The vendor shall act as an independent Contractor and not as an employee of Martin County. The vendor will be required to indemnify, defend, and hold and save harmless Martin County, its officers, agents, and employees, from damages arising from the vendor's performance of, or failure to perform, any task or duty required to be performed by the vendor. 22. Local Vendor Preference: When a responsible and responsive, non-local business submits the lowest price Page 14 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement bid and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent (5%) of the price submitted by the Apparent Low Bidder, then the local business with the apparent next-lowest qualified and responsive bid offer shall have the opportunity to submit an offer that matches the price offered by the Apparent Low Bidder in accordance with Section 135.7, Code of Ordinances, Martin County Code. 23. Minimum Standard: Specifications describe the expected minimum standard. These specifications are intended to be descriptive in nature and are not intended to eliminate any vendor from submitting a bid. 24. Modifications: In addition to changes made under the changes clause, any contract resulting from this solicitation may be modified within the scope of the contract upon the written and mutual consent of both parties, and approval by appropriate legal bodies in Martin County. 25. Other Entity Use: This bid may be expanded to include other governmental agencies. Bidders may agree to allow other public agencies to contract with them for the same items at the same terms and conditions as this bid, during the period of time that this bid is in effect. Each political entity will be responsible for execution of its own requirements with the Bidder. 26. Payment/Invoicing: No payment will be made for materials ordered without purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the County in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Number referenced thereon. 27. Performance During Emergency: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, Martin County shall be given "first priority" for all goods and services under this contract. Bidder agrees to provide all goods and services to Martin County throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the County. 28. Permits/Licenses/Fees: Unless otherwise noted in the bid document, any permits, licenses or fees required will be the responsibility of the Contractor as part of the contract, if applicable. No separate payment will be made. Adherence to all applicable code regulations (Federal, State, County, City) are the responsibility of the Contractor. 29. Precontractual Expenses: The County shall not, in any event, be liable for any pre-contractual expenses incurred in the preparation of its bid prior to issuance of the project Notice to Proceed. Pre-contractual expenses are defined as expenses incurred by the Contractor(s) in: a. Preparing and submitting bid(s) to the County; b. Negotiations with the County on any matter related to the contract terms, professional fees, and schedule; c. Any other expenses incurred by the Contractor(s) prior to reaching agreement in advance of the date of award of the proposed Contract. 30. Prompt Payment Discounts: Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Page 15 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement 31. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133, 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public Work, may not submit bids 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 s.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 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. 32. Quantities: The quantities listed in the RFB, if given, are estimates only and are given only as a guideline for bid preparation. Estimates should not be construed as representing actual quantities to be purchased. Martin County shall not be held to any minimum or maximum purchase quantities. 33. Rejection of Bids: Martin County reserves the right to reject any or all bids with or without cause when such rejection is in the best interest of the County. The County also reserves the right to reject any bid when bidder has previously failed to perform properly or complete, on time, contracts of a similar nature. 34. Responsibility: In determining responsibility, the following qualifications will be considered: a. The bidder's ability, capacity and skill to perform the contract or provide the service within the time specified. b. The reputation, judgment and experience of the bidder. c. The quality of performance of previous contracts or services including previous performance with the County. d. Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. e. Financial resources of the bidder to perform the contract or provide the service. 36. Return of Merchandise: The supplier is to accept for full credit, any merchandise returned by the County within thirty (30) days from the delivery or pickup date. 37. Subcontracting/Assignment: The Contractor shall not assign the contract or subcontract any requirement without obtaining the prior written approval of Martin County. 38. Taxes: Martin County does not pay Federal excise and State sales taxes. Tax exemption number is available upon notice of award. 39. Termination for Convenience: Martin County reserves the right to terminate the Contract in whole or part by giving the vendor written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt of termination from Martin County, the vendor shall provide only those materials specifically approved or directed by Martin County. All other rights and duties of the parties under the Contract shall continue during such notice period, and Martin County shall continue to be responsible to the vendor for the Page 16 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement payment of any obligations to the extent such responsibility has not been excused by breach or default of the vendor. Upon termination, vendor shall bill Martin County for all amounts not previously billed and due the vendor at that time. The vendor shall not be entitled to payment nor expenses for any work commenced or expenses incurred after the notice of termination was received by the vendor, unless specifically approved or requested by Martin County. The vendor shall however, be entitled to payment for materials ordered or services commenced and approved by Martin County prior to the receipt of notice, or with the express written consent of Martin County, prior to the effective date of termination. 40. Termination for Default: The Contract may be terminated by Martin County in accordance with this clause, in whole or in part, in writing, whenever the County shall determine that the Contractor has failed to meet performance requirement(s) of the Contract. In the event of a determination of default, Martin County reserves the right to award any remaining portion of the agreement to the next lowest, most responsive, responsible bidder without further competition. 41. Unit Prices: Unit prices will govern in the event both unit and total prices are asked for in the solicitation and the unit price carried forward does not mathematically result in the total price for that item. 42. Utilization Of Small Business Concerns: It is the Policy of the united states, the State of Florida, or the county that small business concerns, veteran-owned small business concerns, service-disabled veteran- owned small business concerns, hubzone small business concerns, small disadvantaged business concerns, and women-owned small business concerns (hereinafter “small business concerns”) shall have the maximum practicable opportunity to participate in performing contracts, including contracts and subcontracts. It is further the policy that its prime Contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns. The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the appropriate government agency as may be necessary to determine the extent of the Contractor’s compliance with this clause. Page 17 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement SAMPLE AGREEMENT BETWEEN COUNTY AND CONTRACTOR FOR GOODS AND SERVICES THIS AGREEMENT, effective this day of in the year, 20, between: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, (hereinafter COUNTY), located at 2401 S.E. Monterey Road, Stuart, FL 34996 AND the CONTRACTOR: (hereinafter CONTRACTOR) Contract Name: Contract Number: RFB2019- Total Contract Price: $ Completion Time: 120 calendar days Page 18 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement WHEREAS, COUNTY has previously determined that it has a need for goods and/or services more specifically outlined in the Request for Bids (RFB) and the Scope of Services; and WHEREAS, COUNTY solicited competitive bids for such goods and/or services pursuant to the Martin County bid number referenced on Page 1 of this Agreement; and WHEREAS, COUNTY awarded the Bid to CONTRACTOR; and WHEREAS, CONTRACTOR has represented that it is able to satisfactorily provide the services and or materials according to the terms and conditions of the RFB, which is incorporated herein by reference, and the terms and conditions contained herein; and NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed. The CONTRACTOR hereby agrees to provide the COUNTY with goods and services, as requested and more specifically outlined in the Scope of Services attached hereto and made a part hereof as Exhibit A, this Agreement and all subsequent official documents that form the Contract Documents for this Agreement, including any additional contract terms contained herein. 2. Time of Service. Services shall be performed in a timely manner, as specified in the Request for Bid or as set forth herein. 3. Amendment of the Agreement. This Agreement may be amended only by mutual written agreement signed by the parties. No statement, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or is binding upon any of them. The parties acknowledge that this agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 4. Assignment/Subcontracting. The CONTRACTOR shall perform all services and provide all goods and equipment required by this Agreement. No assignment or subcontracting shall be allowed without the prior written consent of the COUNTY. In the event of a corporate acquisition and/or merger, the CONTRACTOR shall provide written notice to the COUNTY within thirty (30) business days of CONTRACTOR’S notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this Agreement, which shall not be unreasonably exercised by the COUNTY, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state or federal laws. Action by the COUNTY awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the RFB, without exception shall constitute approval for purpose of this Agreement. 5. Termination. 5.1 COUNTY shall notify CONTRACTOR of any failure to comply with any requirement in the Scope of Work and shall notify CONTRACTOR in writing of such failure/default. CONTRACTOR shall correct such failure/default within five (5) working days. COUNTY shall have the right to terminate this Agreement if such correction is not made within the time specified above. 5.2 Failure of the CONTRACTOR to comply with any of the provisions of this Agreement shall be considered a material breach of Agreement and shall be cause for immediate termination of the Agreement at the sole discretion of the COUNTY. Page 19 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement 5.3 COUNTY reserves the right to cancel this Agreement, without cause, by giving thirty (30) days prior written notice to the CONTRACTOR of the intention to terminate. 6. Compensation. COUNTY shall pay CONTRACTOR upon CONTRACTOR’S completion of, and COUNTY’S acceptance of, the services required herein, in the amounts specified in the Price Schedule attached hereto and made a part hereof as Exhibit A. County shall pay invoices in accordance with Section 218, Florida Statutes (Florida Prompt Payment Act). 7. Permit/ Licenses. CONTRACTOR must secure and maintain any and all permits and licenses required to complete this Agreement. 8. Public Records. 8.1 CONTRACTOR shall comply with the provisions of Chapter 119, Fla. Stat. (Public Records Law), in connection with this Agreement and shall provide access to public records in accordance with §119.0701, Fla. Stat. and more specifically Contractor shall: 8.1.1. Keep and maintain public records required by the County to perform the Agreement. 8.1.2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 8.1.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the CONTRACTOR does not transfer the records to the County. 8.1.4. Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the Agreement. If the CONTRACTOR transfers all public records to the County upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. 8.1.5 All blueprints, schematics and design drawings received by the CONTRACTOR from the COUNTY shall not be re-copied or forwarded to another party unless documented permission has been received by COUNTY. Documents shall be documented as retained, returned, or destroyed by CONTRACTOR accepting said documents. In accordance with the Florida Public Records Act, these documents are exempt from Public Disclosure as described in 119.071, Fla. Stat., general exemptions from inspection or copying of public records. 8.2 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE Page 20 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772) 419-6959, public_records@martin.fl.us, 2401 SE MONTEREY ROAD, STUART, FL 34996. 8.3 Failure to comply with the requirements of this Article shall be deemed a default as defined under the terms of this Agreement and constitute grounds for termination. 9. Minimum Insurance Requirement. The CONTRACTOR must maintain insurance in at least the amounts required throughout the term of this Agreement or any renewals or extensions. The CONTRACTOR must provide a Certificate of Insurance in accordance with the Insurance Requirements and as set forth herein naming the COUNTY as an additional named insured evidencing such coverage prior to issuance of a purchase order or commencement of any work under this Agreement. a. Loss Deductible Clause: The COUNTY shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. b. Worker's Compensation Insurance: The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the COUNTY for the protection of its employees not otherwise protected. Coverage to include Employers Liability $100,000 each accident, $100,000 each Disease/Employee and $500,000 each Disease/Maximum. c. Commercial Automobile Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Comprehensive Automobile Liability Insurance for “Any Auto” (owned, hired and non owned) for a minimum of $1,000,000 Combined Single Limit. d. Commercial General Liability Insurance: The Contractor shall take out and maintain during the life of this agreement Commercial General Liability insurance Including coverage for bodily injury, property damage, personal/advertising injury and products/completed operations for negligent acts which may arise from operations under this Agreement whether such operations are alone or by anyone directly or indirectly employed by it. The policy should include Contractual Liability to cover the hold harmless and indemnity provision as set forth in this agreement. A per project limit of liability is required. The amounts of such insurance shall be the minimum limit as follows: Each Occurance - $1,000,000 Personal/Advertising Injury - $1,000,000 Products/Completed Operations Aggregate - $2,000,000 General Aggregate - $2,000,000 Fire Damage - $100,000 and 1 fire Medical Expense - $10,000 any 1 person Page 21 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement e. Commercial Automobile and General Liability Insurance: The Contractor shall require each of its subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in its policy, as specified above. f. Waiver of Subrogation. The CONTRACTOR hereby waives any and all rights of Subrogation against the COUNTY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then the CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. 10. Indemnification. CONTRACTOR shall indemnify and hold harmless the COUNTY and Federal government from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, person or property by or from the said CONTRACTOR; or by, or in consequence of any neglect in safeguarding the work; or by the use of unacceptable materials in the construction of improvements; or on account of any act or omission, neglect or misconduct of the said CONTRACTOR; or by, or on account of, any claim or amounts recovered under the “Workers Compensation Law” or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the COUNTY. The first ten dollars ($10.00) of compensation received by the CONTRACTOR represents specific consideration for this indemnification obligation. 11. Governing Law. The laws of the State of Florida shall govern this Agreement. 12. Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The CONTRACTOR is and shall remain an independent contractor and is neither agent, employee, partner nor joint venture of COUNTY. CONTRACTOR acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control act of 1986 located at 8 U.S.C. 1324, et. Seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the Agreement, at the discretion of COUNTY. 13. Severability. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement to be impossible or performance. 14. Conflict of Interest. CONTRACTOR represents that it has no interest and shall acquire no interest(s), which conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part 111, of the Florida Statutes, CONTRACTOR further represents that no person having any interest shall be employed for said performance. CONTRACTOR shall notify COUNTY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence CONTRACTOR’S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that CONTRACTOR may undertake and request an opinion from COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by CONTRACTOR, COUNTY shall so state n the notification and CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict with respect to services provided to COUNTY by CONTRACTOR under the terms of this Agreement. Page 22 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement 15. Documents Comprising Agreement. The Agreement documents shall include this Agreement as well as the following documents, which are incorporated herein by reference. a. Martin County’s Request for Bid and all of its addenda and attachments which are part of the RFB set forth above. b. Contractor’s Certificate of Insurance required in the Request for Bid; c. Contractor’s response to the RFB or soliciting document. 16. Dispute Resolution. 16.1 As a condition precedent to the filing of any legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The party shall, by mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator then the COUNTY shall select the mediator, who, if selected solely by the COUNTY, shall be a mediator certified by the Supreme Court of Florida. The mediator’s fee shall be paid in equal shares by each party to the mediator. 16.2 Attorney’s Fees. The parties expressly agree that each party will bear its own attorney’s fees incurred in connection with this Agreement. 16.3 Venue. This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Martin County, Florida. 16.4 Non-jury trial. The parties expressly and specifically hereby waive the right to a jury trial as to any issue in any way connected with this Agreement. 16.5 The parties expressly and specifically hereby waive all tort claims and limit their remedies to breach of contract as to any issue in any way connected with this Agreement. If there is a conflict between the terms of this Agreement and the above referenced documents, then the conflict shall resolved as follows: the terms of this Agreement shall prevail over the other documents, and the terms of the remaining documents shall be given preference in their above listed order. IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this Agreement as of the date first above written. Page 23 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement BIDDER'S QUALIFICATION STATEMENT 1. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business. (If corporation, state the name of the president and secretary. If a partnership, state the name of all partners. If a trade name, state the name of the individuals who do business under the trade name). (Legal Name of Bidder) a) The business is a (Insert form of business entity) b) The address of the principal place of business is c) The names of the corporate officers, or partners, or individuals doing business under a trade name are as follows: 2. Name and title of person that will sign contract. 3. Federal Employer ID # 4. State the number of years your business organization has been doing business under this name. 5. Have you ever failed to complete a contract awarded to you? If so, state where, when and why? 6. Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of Martin County? Yes No If yes, you may not submit a bid (see instructions to bidders). 7. Is your company a certified Disadvantaged Business or Woman Owned Business Enterprise? If yes, attach Certificate. 8. Are you a small business as defined by the SBA? Yes No If yes, number of employees 9. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency? 10. List three (3) references, public entities, corporations or individuals, for which you have provided similar goods/services including contact name and telephone number or e-mail address. a) b) c) Page 24 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement I certify that the above information is true and correct. Name of Authorized Representative (Print) Title Federal Tax I.D. Number Phone Number E-mail address Authorized Signature Page 25 of 25 RFB2019-3143 Pineapple Park Irrigation Pump Replacement LOCAL VENDOR PREFERENCE CERTIFICATION STATEMENT (Complete and Return Only if Eligible) Vendor agrees that it meets and will comply with all requirements of Section 135.7, Code of Ordinances, Martin County Code, included but not limited to: 1. Vendor has a fixed, staffed office or distribution point located in and having a street address within Martin County for at least one year prior to the issuance of this Request for Bid (RFB) and attached is a copy of a business or contractor license and/or business tax receipt which verifies this. Post Office boxes shall not be used or considered for the purpose of establishing a physical address; and 2. If awarded a contract, vendor will be the person or entity in direct contract with the County and not as a subcontractor, other lower tier subcontractor, materialman or supplier. Company Name (Print) Street Address (Print) Owners Name & Title (Print) Authorized Signature FOR COUNTY USE ONLY Vendor meets all requirements of Section 135.7, Code of Ordinances, Martin County Code. Certified by: Date: RFB2019-3143