Updated 12.30.25

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CITY OF BARTOW

CONTINUING SERVICES BID

(CSB)# 25-17

WATER & WASTEWATER UTILITIES SUPPLIES,

PARTS & EQUIPMENT – CATALOG DISCOUNT

ISSUED DATE: May 16, 2025

EXPIRATION DATE: May 15, 2030

IMPORTANT BID INFORMATION: THIS IS AN ON-GOING CONTINUING NEED FOR

THE CITY OF BARTOW. THIS BID SHALL REMAIN OPEN FOR BIDDING UP TO MAY 30,

2029. THE TERM OF THIS BID SHALL BE NO MORE THAN 5-YEARS FROM THE

ISSUANCE DATE EXPRINING ON MAY 15, 2030, UNLESS TERMINATED SOONER.

AFTER RECEIPT AND VERIFICATION OF REQUIRED INFORMATION, VENDORS WILL

BE ADDED TO THE APPROVED QUALIFIED VENDOR LIST (“QVL”) & UTILIZED ON A

ROTATIONAL BASIS AS FURTHER DETAILED WITHIN THE BID PACKAGE.

ATTACHED ARE IMPORTANT INSTRUCTIONS AND SPECIFICATIONS REGARDING

RESPONSES TO THIS BID. FAILURE TO FOLLOW THESE INSTRUCTIONS COULD

RESULT IN BID DISQUALIFICATION.

SUBMIT SEALED BIDS TO:

Danielle Rose, Purchasing Manager City of Bartow-Purchasing Department 450 N. Wilson Ave.

Bartow, FL 33830 Office Hours: 7:00 a.m. – 5:00 p.m. (M-F) Phone# (863) 534-0141 Email: purchasing@cityofbartow.net mailto:purchasing@cityofbartow.net

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TABLE OF CONTENTS

TOPIC PAGE #

Cover Sheet 1 Table of Contents 2-3 Bid Notice 4 Address Labels 5 Submittal Acknowledgment 6

Section 1 – Standard Terms and General Conditions 7-17

1.1 – Independent Contractor/Vendor

1.2 – Subcontractors 1.3, 1.3.1, 1.3.2 – Addenda, Changes and Interpretations

1.4 – Multiple Bids

1.5 – Variances

1.6 – Omission of Details

1.7 – Mistakes

1.8 – Bidder’s Cost

1.9 – Rejection of Bids

1.10 – Qualifications Statement

1.11 – Licenses and Certifications 1.12, 1.12.1, 1.12.2 – Insurance

1.13 – Indemnification

1.14 – Legal Requirements

1.15 – Confidential Information

1.16 – Public Records

1.17 – Public Entity Crimes

1.18 – Laws of the State of Florida

1.19 – Sovereign Immunity

1.20 – Venue

1.21 – Anti-Collusion 1.22; 1.23.1; 1.22.2; 1.22.3 - Conflict of Interest

1.23 – No Contingent Fee

1.24 – Entire Agreement

1.25 – Assignment

1.26 – Default and Termination/Suspension

1.26.1 – Termination for Cause

1.26.2 – Termination for Convenience

1.26.3 – Cancellation for Unappropriated Funds

1.27 – Advertising 1.28; 1.28.1; 1.28.2 – Truth-In-Negotiation Certificate

1.29 – Standard of Care

1.30 – Annual Appropriations

1.31 – Force Majeure (Uncontrollable Forces)

1.32 – Employment Eligibility Verifications (E-Verify)

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1.33 – Attorney Fees and Cost

1.34 – Scrutinized Companies and Business Operations Certification; Termination

1.35 – Change Orders

1.36 – Effective Date

1.37 – Prohibition Against Considering Vendor Interest Letter of Public Records Law

1.38 – No Construction Against Drafter

1.39 – No Coercion for Labor or Services Letter of Public Records Law

Section 2 – Introduction and Information 18-23

2.1 – Scope of Work

2.2 – Project Background

2.3 – Qualifications Statement (Submittal Form)

2.4 – Specifications

Section 3 – Additional Submittal Forms 24-35 Addendum Acknowledgement Page Drug-Free Workplace Certification Affidavit Certification Immigration Laws E-Verify Certification Sworn Statement on Public Entity Crimes Non-Collusive Affidavit Vendor Certification Regarding Scrutinized Companies List Bidders Incorporation Information Affidavit Regarding the Use of Coercion for Labor or Services Reference Form

ATTACHMENTS (separate required attachments applicable to this solicitation)

Attachment “A” – Design Standards for Reference separate Attachment “B” – City of Bartow Instructions to Bidders separate

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NOTICE

IS HEREBY GIVEN that physical SEALED BIDS—one (1) unbound original—will be received by the City of Bartow, Attn: Purchasing Department, 450 N. Wilson Ave., Bartow, FL 33830, or ELECTRONIC BIDS through the City’s e-procurement system. The term of this bid shall be no more than 5 years from the issuance date expiring on May 15, 2030, unless terminated sooner.

“Do not submit duplicate bids. Only one bid submission method is required. Please submit either a physical bid or an electronic bid, but not both. Bid submittals will be publicly opened shortly thereafter at City Hall, in a designated conference room at the address stated above.”

SCOPE OF WORK: The City of Bartow is seeking catalog or retail discounts from qualified vendors interested in supplying various supplies, parts and equipment as it specifically relates to water & wastewater utilities for the City of Bartow Public Works Department and other City departments on an ongoing as needed basis in accordance with the scope of work and specifications provided herein. Each department is located throughout the City but within City limits.

Vendor(s) must be able to provide a minimum 10% discount off the retail/catalog price or sale price and have a facility located with 75 miles of City Hall, 450 N. Wilson Ave., Bartow, FL 33830.

All vendors wishing to submit bids must obtain a complete copy of the Continuing Services Bid (CSB) and submit all required forms as outlined in the solicitation document with their response. If further assistance is needed in regard to accessing the bid documents, you may contact the Purchasing Department at 863-534-0141 or via email at purchasing@cityofbartow.net.

QUESTIONS: All questions regarding this solicitation must be sent directly to the Purchasing Department via email to purchasing@cityofbartow.net.

AWARD: will be made to all responding vendors meeting the scope of work, qualifications and specifications. If awarded, the vendor will be added to the awarded Qualified Vendors List (QVL) for this bid. Vendors must submit all required documents within this solicitation to be considered responsive. Failure to submit the required documents may deem your submittal non-responsive and your submittal may be rejected.

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ADDRESS LABELS

FOR SEALED BIDS THAT ARE SUBMITTED VIA MAILED, EXPRESS MAILED OR

HAND DELIVERED

All bids shall be securely sealed in an envelope and clearly marked on the outside with:

• Company/ Bidder’s Name,

• Company Address,

• The Bid Number & Title,

• Due Date & Time, and

• Attention: Procurement Department

“An address label has been provided for your use below. The City of Bartow will not be responsible for bids opened prior to the specified time due to envelopes that are improperly addressed or not marked as instructed in this notice.”

NAME OF COMPANY: ___________________________________________________

COMPANY ADDRESS: _______________________________________________

CITY: _____________________________ STATE: ____________ ZIP CODE: _____________

BID NUMBER & TITLE: CSB 25-17, WATER & WASTEWATER UTILITIES SUPPLIES,

PARTS & EQUIPMENT

SUBMITTALS ARE DUE PRIOR TO MAY 15, 2029.

DELIVER TO: CITY OF BARTOW, PROCUREMENT DEPARTMENT

450 N. WILSON AVE.

BARTOW, FL 33830

It is recommended that the above label is taped onto the outside of the envelope that contains the bid documents.

Note: Be sure to label the envelope containing the bid documents or if the envelope is placed inside another envelope or shipping container (e.g., UPS envelope/box or FedEx envelope/box), then the label shall be affixed to the outside of that outer envelope or box.

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SUBMITTAL ACKNOWLEDGMENT

Submittals must include all items, forms, etc. within Sections 2 & 3 and a copy of your company’s certificate of Insurance listing the City of Bartow, 450 N. Wilson Ave, Bartow, FL 33830 as the additional insured per Instructions to Bidders, Item#22.

Vendor acknowledges and agrees that its response and submittal to this Solicitation for Continuing Services constitutes its acceptance of all terms and conditions contained herein, the General Terms and Conditions, the Specifications and the Supplemental Conditions- Federal Clauses, and by submitting a response, Vendor consents and agrees to be fully bound by the same.

I Agree to the Terms and Conditions ___________ (Yes /No)

Certificate of Insurance (Yes /No)

Affidavit Certification Immigration Laws ___________ (Yes /No)

I am authorized to sign this submittal for the vendor. In submitting a submittal to the City of Bartow (the “City”), the vendor offers and agrees that if the submittal is accepted, the vendor will convey, sell, assign or transfer to the City all rights, titles and interests in and to all causes of action it may now or hereafter acquire under the Anti-Trust Laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such an assignment shall be made and become effective at the time the City tenders final payment to the vendor.

Company Name: ___________________________________________________________

Address: __________________________________________________________________

Phone Number: ____________________________________________________________

Email: ___________________________________________________________________

Certified By: ______________________________________________________________ who is authorized to sign on behalf of the above-mentioned company.

Authorized Signature Print Name and Title: ______________________________________

Date: _____________________________________________________________________

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Section 1 – STANDARD TERMS AND GENERAL CONDITIONS

1.1 Independent Contractor/Vendor

The Bidder represents itself to be an independent vendor offering such services to the general public and shall not represent itself or its employees to be employees of the City of Bartow.

Therefore, the Bidder shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Bartow, its officers, agents, and employees, harmless from and against, any and all loss;

cost (including attorney fees); and damage of any kind related to such matters

1.2 Subcontractors

The work required under this bid shall be performed by the entity submitting the bid. No subs are allowed.

1.3 Addenda, Changes, and Interpretations

1.3.1 Any inquiry or request for interpretation received will be given consideration.

Changes or interpretations may only be made by a written document in the form of an addendum. Addenda will be posted on the City’s website. Each prospective bidder shall acknowledge receipt of such addenda in the space provided on the bid form. All addenda are a part of the contract documents, and each Bidder will be bound by such addenda, whether or not received by them. It is the responsibility of each prospective Bidder to check the City’s website and to verify that they have received all addenda issued, before Bids are opened. No verbal interpretations shall be relied upon.

1.3.2 Failure to acknowledge receipt of addenda may constitute grounds for deeming the bid non-responsive.

1.4 Multiple Bid Submittals

More than one submittal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Such a circumstance will lead to rejection of all responses in which the bidder is involved except for subs. If there is reason to believe that collusion exists between bidders, those parties’ submittals will be rejected and deemed for City purposes to be a conviction of a public entity crime.

1.5 Variances

For purposes of bid evaluation, Bidders must indicate any variances, no matter how slight, from the CSB General Conditions, Special Conditions, Specifications or Addenda. No variations or exceptions by a Bidder will be considered or deemed a part of the Bid submitted unless such variances or exceptions are listed in the CSB and referenced in the space provided on the Bid pages. If variances are not stated, or referenced as required, it be assumed that the product or service fully complies with the City’s terms, conditions, and specifications.

1.6 Omission of Details

The apparent silence of the specifications and any amendment regarding any details or the omission from the specifications of a detailed description concerning any services or material requested shall be regarded as unintentional and should not serve to alleviate the Vendor of their performance responsibilities.

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1.7 Mistakes

Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, and special conditions of the Continuing Services Bid. Failure of the Bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in any ensuing contract and may lead to rejection of a bid.

1.8 Bidder’s Cost

The City shall not be liable for any costs incurred by Bidders in responding to this CSB.

1.9 Rejection of Bid Submittals

The City of Bartow reserves the right to reject any or all bids in whole or part, to accept or reject any items in the bid, and to waive any informalities and to accept any bid deemed in the best interest of the City of Bartow.

1.10 Qualifications Statement

Each Bidder shall complete the Qualifications Statement and submit the same with the Bid. Failure to submit the Qualifications Statement and the documents required there under with the Bid may constitute grounds for deeming the bid non-responsive.

1.11 Licenses and Certifications, if applicable

Bidder shall be appropriately licensed to perform the services offered. Bidders shall possess, at the time of bid submittal, all required licenses and certifications. Bidder shall be responsible for all costs associated with obtaining and maintaining all required licenses, certifications, and permits. Copies of all licenses and certifications shall be submitted with the response.

1.12 Insurance

2.12.1 The Bidder’s response shall include a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of this CSB. The Bidder shall assume full responsibility and expense to obtain all necessary insurance.

2.12.2 All Bidders shall provide a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of the CSB as a part of receiving any ensuing contract, at the time of entering into the contract.

1.13 Indemnification

The Vendor shall at all times indemnify, hold harmless and, at the City’s option, defend or pay for an attorney selected by the City to defend the City of Bartow, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of the Vendor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any ensuing contract including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action or demand, the Vendor shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City of, at City’s option, pay for an attorney selected by the City to defend the City of Bartow. The provisions and obligations of

9 | P a g e this section shall survive the expiration or earlier termination of any ensuing contract. To the extent considered necessary by the City, any sums due Vendor under any ensuing contract may be retained by City until all of the City’s claims for indemnification pursuant to the Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the City.

1.14 Legal Requirements

Applicable provisions of all federal, state, and county laws, and local ordinance, rules, and regulations, shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) attaching a bid response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof.

1.15 Confidential Information

If the Bidder believes any of the information contained in the response is exempt from the Public Records Law, then the Bidder must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records.

1.16 Public Records

Vendor acknowledges the City’s obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to member of the public upon request. Vendor acknowledges that the City is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, in the handling of the materials created under this contract and that said statue controls over the terms of this contract. Vendor further acknowledges its obligation under Florida Statute 11930701, which include the requirements to a) keep and maintain public records required by the City to perform the service, b) upon request from the City’s custodian of public records, provide the City 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 or as otherwise provided by law,

c) 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 contract term and following completion of the contract if Vendor does not transfer the records to the City, and d) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of Vendor, or keep and maintain public records required by the City to perform the City. If Vendor transfers all public records to the City upon completion of the Contract, Vendor shall destroy and duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of the Contract, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the IT systems of the City. A request to inspect or copy public records relating to the City’s contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify Vendor of the request, and Vendor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. NOTE: If Vendor does not comply with the City’s request for records, the City shall enforce the Contract provisions in accordance with the Contract. A Vendor who fails to provide the public records to the City with a reasonable time may be subject to the penalties under 119.10.

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IF THE VENDOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT: CITY OF BARTOW,

CITY CLERK’S OFFICE, 863-534-0100,

JPOOLE.CLERKS@CITYOFBARTOW.NET; 450 N. WILSON

AVENUE, BARTOW, FLORIDA 33830.

1.17 Public Entity Crimes

A person or affiliate, as defined in 287.133, Florida Statutes, shall not be allowed to contract with the City if such person or affiliate has been convicted of a public entity crime within three (3) years of the date this Contract, or such person or affiliate was listed on the State of Florida’s convicted vendor list within three (3) years of the date of this Contract, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency, federal, state or local, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any agreement with the City obtained in violation of this paragraph shall be subject to termination for cause.

1.18 Laws of the State of Florida

The Contract will be construed and enforced in accordance with the laws of the State of

Florida.

1.19 Sovereign Immunity

The foregoing notwithstanding, nothing herein is intended to act as a waiver of the City’s sovereign immunity or the limits of liability set forth in Sec. 468.28, Fla. Stat., regardless of whether such obligations are based in tort, contract, statute, strict liability, negligence, product liability, or otherwise.

1.20 Venue

This Contract shall be deemed made in the State of Florida and shall be construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. In recognition of the City’s sovereign immunity and home venue privilege, the City and Vendor agree that any civil action arising out of the subject matter of this Contract, or the Contract Documents shall be brought either in the County Court in and for Polk County, Florida, or the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, the choice of which shall be dependent upon each tribunal’s jurisdictional limits. The Parties agree that no civil action arising out of the subject matter of this Contract may be brought in a federal venue regardless of the cause of action, citizenship of the parties or the claimed amount in controversy.

1.21 Anti-Collusion

The Bidder certifies that it has not divulged, discussed, or compared its bid with other bidders, except subcontractors if they form part of the response and has not colluded with any other bidders or parties to a bid whatsoever. No premiums, rebates or gratuities are permitted either mailto:JPOOLE.CLERKS@CITYOFBARTOW.NET

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Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit the form with the bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and shall be cause for rejection of the Bid.

1.22 Conflict of Interest

2.22.1 The Bidder covenants that they presently have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. The Bidder further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in any ensuing contract.

1.22.2 No contract will be awarded to a Bidder who has City elected officials, officers or employees affiliated with it, unless the bidder has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidders and removal of the Bidder from the City’s Bidder’s List and prohibition from engaging in any business with the City.

1.22.3 No subcontractor can be listed on more than one bid submitted under this ITB.

1.23 No Contingent Fee

Bidder warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder to solicit or secure any contract that may ensue and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Bidder, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of any ensuing contract. For the breach or violation of this provision, the City shall have the right to terminate any ensuing contract without liability at its discretion.

1.24 Entire Agreement

This Continuing Services Bid, all attachments and exhibits, addenda, and any ensuing contract states the entire contract between the parties hereto with respect to the subject matter hereof, and all prior and contemporaneous understandings, representations and agreements are merged herein or superseded hereby. No alterations, modifications, release or waiver of this contract or any provision hereof shall be effective unless in writing executed by the parties.

1.25 Assignment

Vendor shall not transfer or assign or subcontract the performance required by the CSB without the prior written consent of the City. Any award issued pursuant to this CSB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Manager or selected designee.

1.26 Default and Termination/Suspension

The City may terminate the Contract resulting from this Bid at any time, in whole or in part, in accordance with and subject to the following:

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1.26.1 Termination for Cause

The City may terminate the Contract immediately if the User Department/Division determines that the Vendor is in material default of its Contract obligations, has notified the Vendor of such default by delivering a Vendor Complaint Form to the Vendor specifically describing the basis of the complaint and the conditions of the Vendor’s default, and ten (10) days have passed since the Vendor’s receipt of the Vendor Complaint Form without all defaults as described therein having been fully corrected. Notwithstanding anything to the contrary contained herein, the City may terminate the Contract immediately, without notice or any opportunity to cure, if the services rendered for the Contract cause or threaten endangerment to public health, safety or welfare.

In the event this Bid and/or the resulting Contract is terminated due to the Vendor’s material default which is not cured within the allotted time period as described above, the Purchasing Manger may also suspend or debar the Vendor in accordance with the Vendor Complaint Procedures of the City’s Procurement Manual. The rights and remedies of the City provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under the Bid and/or the resulting Contract.

In the event of default by the successful Bidder, the City reserves the right to utilize the next lowest Bidder as the new Awardee when the default occurs within the first term of the bid. Should this occur, the next lowest Bidder will be required to provide the bid items at the prices as noted on their bid submittal.

1.26.2 Termination for Convenience

Upon thirty (30) calendar days written notice to the Vendor, the City may without cause and without prejudice to any other right or remedy, terminate and ensuing contract for the City’s convenience whenever the City determines that such termination is in the best interest of the City. Where the contract is terminated for the convenience of the City the notice of termination to the Vendor shall state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. The Vendor shall discontinue all work on the appointed last day of service.

Upon receipt of any termination notice as described above, the Vendor shall:

• Immediately discontinue all work unless the City’s notice directs otherwise, and

• Deliver to the City any and all data, reports, summaries, and all other information and materials of any type or nature whatsoever, whether completed or in process, the Vendor may have accumulated or generated in the course of performing the work of the Contract.

1.26.3 Cancellation for Unappropriated Funds

The obligation of the City for payment to a Vendor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law.

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1.27 Advertising

In submitting a bid, the bidder agrees not to use the results there from as a part of any commercial advertising without the prior written consent of the City.

1.28 Truth-in-Negotiation Certificate

1.28.1 Execution of any Agreement by the Bidder resultant from this solicitation shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement and no higher than those charged the Bidder’s most favorable customer for the same or substantially similar service.

1.28.2 The said rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate representations of fees paid to outside vendors. The City shall exercise its rights under this “Certificate” within one (1) year following payment.

1.29 Standard of Care

Vendor shall exercise the same degree of care, skill, and diligence in the performance of the work as is ordinarily provided by a professional under similar circumstances and Vendor shall, at no additional cost to the City, re-perform services which fail to satisfy the foregoing stand of care.

1.30 Annual Appropriations The vendor acknowledges that the City, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreements for a period exceeding one year, but any agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in the succeeding fiscal years. Accordingly, the City’s performance and obligation to pay under this agreement is contingent upon annual appropriation.

1.31 Force Majeure (Uncontrollable Forces) Either party hereunder may be temporarily excused from performance if an Event of Force Majeure directly or indirectly causes its nonperformance. An “Event of Force Majeure” is defined as any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall be excused from performance if nonperformance is due to forces which are reasonably preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied prior to, during, or immediately after their occurrence.

Within five (5) days after the occurrence of an Event of Force Majeure, the non-performing party shall deliver written notice to the other party describing the event in reasonably sufficient detail, along with proof of how the event has precluded the non-performing party from performing its obligations hereunder, and a good faith estimate as to the anticipated duration of the delay and the means and methods for correcting the delay. The nonperforming party’s obligations, so far as those obligations are affected by the Event of Force Majeure, shall be temporarily suspended during, but no longer than, the continuance of the Event of

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Force Majeure and for a reasonable time thereafter as may be required for the non-performing party to return to normal business operations. If excused from performing any obligations under this Agreement due to the occurrence of an Event of Force Majeure, the non-performing party shall promptly, diligently, and in good faith take all reasonable action required for it to be able to commence or resume performance of its obligations under this Agreement. During any such time period, the non-performing party shall keep the other party duly notified of all such actions required for it to be able to commence or resume performance of its obligations under this Agreement.

1.32 Employment Eligibility Verifications (E-Verify)

A. Unless otherwise defined herein, terms used in this Section which are defined in Section

448.095, Florida Statutes, as may be amended from time to time, shall have the meaning ascribed in said statute.

B. Pursuant to Section 448.095(5), Florida Statutes, the contractor hereto, and any subcontractor thereof, must register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. The contractor acknowledges and agrees that (i) the City and the contractor may not enter into this Agreement, and the contractor may not enter into any subcontracts hereunder, unless each party to this Agreement, and each party to any subcontracts hereunder, registers with and uses the E-Verify system; and (ii) use of the U.S. Department of Homeland Security’s E-Verify System and compliance with all other terms of this Certification and Section 448.095, Fla.

Stat., is an express condition of this Agreement, and the City may treat a failure to comply as a material breach of this Agreement.

C. By entering into this Agreement, the contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of this Agreement. Failure to comply will lead to termination of this Agreement, or if a subcontractor knowingly violates the statute or Section 448.09(1), Fla. Stat., the subcontract must be terminated immediately. If this Agreement is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Tenth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of Section 448.095, Fla. Stat., by the contractor, the contractor may not be awarded a public contract for a period of 1 year after the date of termination. The contractor shall be liable for any additional costs incurred by the City as a result of the termination of this Agreement. Nothing in this Section shall be construed to allow intentional discrimination of any class protected by law.

1.33 Attorney’s Fee and Cost Each party shall be responsible for its own legal and attorney’s fees, costs and expenses incurred in connection with any dispute or any litigation arising out of, or relating to this Agreement, including attorney’s fees, costs and expenses incurred for any appellate or bankruptcy proceedings.

1.34 Scrutinized Companies and Business Operations Certification; Termination A. Certification(s).

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(i) By its execution of this Agreement, the Vendor hereby certifies to the City that the Vendor is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is the Vendor engaged in a boycott of Israel, nor was the Vendor on such List or engaged in such a boycott at the time it submitted its bid, proposal, quote, or other form of offer, as applicable, to the City with respect to this Agreement.

(ii) Additionally, if the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000), then the Vendor further certifies to the City as follows:

(a) the Vendor is not on the Scrutinized Companies with Activities in Sudan List, created pursuant to Section 215.473, Florida Statutes; and

(b) the Vendor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes;

and

(c) the Vendor is not engaged in business operations (as that term is defined in Florida Statutes, Section 287.135) in Cuba or Syria; and

(d) the Vendor was not on any of the Lists referenced in this subsection A(ii), nor engaged in business operations in Cuba or Syria when it submitted its proposal to the City concerning the subject of this Agreement.

(ii) The Vendor hereby acknowledges that it is fully aware of the penalties that may be imposed upon the Vendor for submitting a false certification to the City regarding the foregoing matters.

B. Termination. In addition to any other termination rights stated herein, the City may immediately terminate this Agreement upon the occurrence of any of the following events:

(i)The Vendor is found to have submitted a false certification to the City with respect to any of the matters set forth in subsection A(i) above, or the Vendor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

(ii) The Vendor is found to have submitted a false certification to the City with respect to any of the matters set forth in subsection A(ii) above, or the Vendor is found to have 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 has been engaged in business operations in Cuba or Syria, and the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000).

1.35 Change Orders No oral statement of any person must modify, change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders must be approved in writing by the City before the work commences unless the delay in receiving City approval causes a threat to the public health, safety, or welfare or will result in a significant additional cost to the City due to the delay. Under any circumstance, work to be performed under the change order must not begin until all written approvals via an amendment have been received. Any work completed by the contractor without required written approvals will be the sole responsibility of the contractor, not the City.

1.35.1 Any additions, deletions, or modification similar in cost or material after award will need to be signed off by both the user division and the successful vendor. Price for

16 | P a g e any additions, deletions, or modifications to the bid will be negotiated and agreed upon by both parties. All agreed upon additions, deletions, or modifications will also require the Purchasing Manager’s (or designee) approval.

If the addition, deletion or modification is accepted an amendment to the Bid award will be issued to the successful Bidder. All Awarded vendors will be notified via email and will be required to acknowledge the Amendment and their consent thereto. Any Awarded Vendor that does not return a signed acknowledgement within ten (10) business days will be removed from the Awarded Qualified Vendors List.

1.36 Effective Date: Upon notice by the Purchasing Department via an Award Letter advising that your company has been officially added to the qualified vendors list (QVL).

1.37 Prohibition Against Considering Vendor Interest: In accordance with Section 287.05701, Florida Statutes, the City may not:

(i) request documentation of or consider a Vendor’s social, political, or ideological interests when determining if the Vendor is a responsible vendor; or

(ii) give preference to a Vendor based on the Vendor’s social, political, or ideological interests.

1.38 No Construction Against Drafter: The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties.

Accordingly, any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.

1.39 No Coercion for Labor or Services: Contractor acknowledges that Section 787.06 of the

Florida Statutes requires each nongovernmental entity that is executing, renewing, or extending a contract with a public governmental entity to provide the governmental entity with an affidavit signed by an officer or authorized representative under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as those terms are defined by law. Contractor agrees to furnish the City with the necessary affidavit signed by an officer or authorized representative of Firm under penalty of perjury at any time and upon request.

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LETTER OF PUBLIC RECORDS LAW

Dear Vendor:

This is a reminder of your obligation under Florida’s Public Records law codified in Chapter 119, Florida Statutes. As referenced in the General Terms and Conditions of any contract you have had with the City of Bartow, your firm is required to allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes.

Public Records include all records, regardless of physical form, characteristics, or means of transmission that were made or received in connection with official business which are used to perpetuate, communicate, or formalize knowledge. The policy of the State of Florida is that public records are open for the personal inspection and copying of any person. As such, all public records may be inspected and copied by any person at any reasonable time and under reasonable circumstances.

The custodian of such records must also acknowledge requests for public records promptly and provide the records as quickly as possible with only two permissible delays; the time it takes to locate the requested records and the time to review the records for exemptions.

As potential custodians of public records, vendors are prohibited from any of the following actions:

1. Requiring the identity of the requestor

2. Requiring the request for records be in writing

3. Requiring the reason or purpose of the records request

4. Restricting viewing records to hours other than normal business hours

5. Delaying the production of records based on an employee’s workload

6. Delaying the production of records due to a burdensome request

However, vendors are not required to provide personnel to answer questions regarding the content of requested records. In addition, vendors are not required to create a new record to fulfill a public records request nor reformat its records into a particular form as demanded by a requestor.

If a public records request is received, you should provide notice to Jacki Poole, City of Bartow, City Clerk jpoole.clerks@cityofbartow.net. Additional notice should be provided when the request has been fulfilled.

If you have any questions, or need additional information, please contact either Jacqueline Poole, City Clerk, or Donna Donaldson, Assistant City Clerk at 863-534-0100.

Sincerely, Jacqueline Poole City Clerk

END OF SECTION 1

mailto:jpoole.clerks@cityofbartow.net

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SECTION 2 – INTRODUCTION AND INFORMATION

2.1 SCOPE OF WORK

The City of Bartow (the “City”) is seeking bids from qualified vendors interested in providing supplies, parts and equipment as it specifically relates to water & wastewater utilities for the City of Bartow’s Public Works Department located at 300 W. Church Street, Bartow, FL 33830 and other City user department located throughout the City. For further instructions to Bidders prior to submitting refer to Attachment “B” – City of Bartow Instructions to Bidders.

*Vendor must be able to provide a minimum of 10% discount off the retail/catalog price or sale price, whichever is less, on purchases made by the City employees on behalf of the City.

Supplies and materials to include but are not limited to water fittings, water pipe, sewer pipe, sewer parts, cast iron fittings, degreaser, fire hydrant and parts, clamps, gate valves, and check valves. **Vendor must have a facility located within 75 miles of City Hall located at 450 N.

Wilson Ave, Bartow, FL 33830.

Award – will be made to all responding qualified vendors meeting the scope of work, qualifications and specifications. Vendors must submit all required submittal documents to be considered responsive. Failure to submit the required documents shall subject the submittal to rejection. All costs related to items provided should be listed at a fair and reasonable price and based on the minimum discounts listed within the scope of work; failure to do so may cause the bid to be non-responsive and rejected. The City of Bartow Purchasing Manager and/or User Department shall be the sole judge of what is fair and reasonable. The Purchasing Manager reserves the right to reject any or all bids and/or waive any minor irregularities in the bids received, whichever would be in the best interest of the City. In addition, the following may be considered prior to awarding and adding a vendor to the approved Qualified Vendors List (QVL):

• Vendor’s evaluation – quality of performance on previous projects.

• The ability, capacity, equipment and skill of the bidder to fulfill the contract.

• Whether or not the bidder can fulfill the contract within the time specified, without delay or interference.

• The character, integrity, reputation, judgment, experience and efficiency of the bidder.

• The previous and existing compliance by the bidder with laws and ordinances relating to the contract.

• The sufficiency of the financial resources to fulfill the contract to provide the goods and/or services.

• The quality, availability and adaptability of the suppliers or contractual services to the particular use required.

• The ability of the bidder to provide future maintenance and service, as required or needed.

• The number and scope of conditions attached to the bid.

2.2 PROJECT BACKGROUND

The intent of this solicitation is to allow City personnel to purchase water & wastewater utilities supplies, parts and equipment items as needed on a continuing basis to meet City needs in a timely & efficient manner at a reasonable price in accordance with policy.

Additionally, the City’s goal is to provide maximum opportunities for open competition, support cost-effective operational management and services, as desired by the City, and promote public awareness of solicitation opportunities to support inclusion.

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2.3 QUALIFICATION STATEMENT

The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter:

1. Vendor submitting a bid must have been in business under the same name & TIN/ FEIN number for the past two (2) years. How many years has your company been in business under its present business name? ____________________________________________________

For Consideration:

a. Under what other former names has your organization operated & number of years?

2. Vendor must have a facility located within 75 miles of the City of Bartow’s City Hall located at 450 N. Wilson Ave., Bartow, FL 33830. Does your company have a facility located within the designated miles? _____ Yes or ______No. If yes, please provide the address/location:

3. How many government agencies does your company currently provide these services for and which ones, if applicable? __________________________________________________

4. License Requirements:

a. In order to do business with the City of Bartow, businesses based within the City limits of the City of Bartow shall furnish a copy of the most recent City of Bartow Business/Occupational License in which can be obtained from https://www.cityofbartow.net/departments-services/city-clerk-public-records/business-tax-receipt-occupational-licenses-applications-payments.

b. For businesses based outside the City limits of the City of Bartow but are based in Polk County or those businesses based outside Polk County shall furnish a copy of the most recent Polk County Business/Occupational License in which may be obtained from https://www.polktaxes.com/services/local-business-taxes/.

Business License must be attached within your bid submittal or prior to being added to the approved Qualified Vendor List (QVL). If not submitted within your bid submittal Vendors will have three (3) days upon request to provide a copy of the document or will be deemed non-responsive.

License Attached? [ ] Yes or [ ] No

5. Have you ever failed to complete any work awarded to you? If so, state when, where and why? ___________________________________________________________________ https://www.cityofbartow.net/departments-services/city-clerk-public-records/business-tax-receipt-occupational-licenses-applications-payments https://www.cityofbartow.net/departments-services/city-clerk-public-records/business-tax-receipt-occupational-licenses-applications-payments https://www.polktaxes.com/services/local-business-taxes/

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6. For the purpose of determining any possible conflicts of interest, all bidders must disclose if any City of Bartow employee is also an owner, or employee of their business. Indicate either “yes” or “no”. If yes, give person(s) name(s) and positions(s) and you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313(12)(b)3.

Yes______ No______ Name(s) and Position(s) __________________________________

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