LS2026-14 Air Conditioner Replacements.pdf

INVITATION TO BID

CITY OF CALLAWAY

AIR CONDITIONER REPLACEMENTS PHASE 2

BID NO: LS2026-14

ADVERTISED: The Bay County Public Notice Website and BidNet Direct, Wednesday September 2, 2026

SITE VISIT: Wednesday, September 9, 2026 9:00 a.m.

Callaway Arts & Conference Center 500 Callaway Park Way, Callaway, FL 32404

Be advised that no clarifying questions can be asked at the site visit. All questions must be submitted in writing to the City Clerk and will be answered in an addendum.

BID DEADLINE: 10:00 a.m. Wednesday September 16, 2026

BIDS/PROPOSALS ARE TO BE SUBMITTED TO:

ATTN: CITY CLERK

6601 EAST HWY. 22

CALLAWAY, FL 32404

BID OPENING: 10:15 a.m. Wednesday, September 16, 2026

500 Callaway Park Way, Callaway, FL 32404

Ashley Robyck Ashley Robyck, City Clerk

INSTRUCTIONS TO BIDDERS/PROPOSERS

Qualified firms are invited to submit a Bid/Proposal to the CITY OF CALLAWAY for the AIR CONDITIONER REPLACEMENTS PHASE 2, BID NO: LS2026-14, by replying to the enclosed specification. In order for the Bid/Proposal to be considered, complete all items in this specification.

The Request for Proposal documents may be downloaded online at https://www.bidnetdirect.com/ and on the City’s website at www.cityofcallaway.com/316/bids .

All Bids/Proposals must include one (1) unbound original and three (3) unbound copies and be addressed to:

ATTN: CITY CLERK

6601 East Hwy. 22

CALLAWAY, FL 32404

Proposals must be received at the address listed above no later than 10:00 a.m. on Wednesday, September 16, 2026. Late Proposals will not be accepted, regardless of the reason.

Bid/Proposal envelopes must be sealed and marked with the RFP number, due date, and name of Proposer so as to identify the enclosed submittal. If more than one package is submitted, please mark “1 of 2”, “2 of 2”, etc.

INTERPRETATION OF SPECIFICATION

All questions pertaining to the terms and conditions of the scope of work of this Bid/Proposal must be submitted in writing via email to the City Clerk as shown below:

Ashley Robyck, City Clerk City of Callaway

6601 East Hwy. 22 Callaway, FL 32404 arobyck@cityofcallaway.com Phone: (850) 215-6694

No oral interpretations will be made to any firm as to the meaning of specifications or any other contract documents. In accordance with the City’s Purchasing Policy, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the time the City awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the procurement process, any City Commissioner, any City employee, or any agent of the City who is authorized to act on behalf of the City on such procurement, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Further, respondents are hereby notified that per Section 287.05701, Florida Statutes, the City may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

All questions must be received at least five (5) calendar days prior to the scheduled opening of Bids/Proposals. Any interpretation of the Bid/Proposal terms, conditions, and/or specification, if made, will be only by Addendum issued by the City Clerk. A copy of such Addendum will be posted to the City’s website at www.cityofcallaway.com and mailed to each proposer that received a copy of the advertisement of the Request for Bids/Proposals. IT IS THE RESPONSIBILITY OF THE BIDDER/PROPOSER

TO CHECK THE CITY’S WEBSITE FOR ANY ADDENDUMS PRIOR TO SUBMITTING A

BID/PROPOSAL. No verbal instructions or interpretations of drawings and specifications will be made other than indicated above.

https://www.bidnetdirect.com/ http://www.cityofcallaway.com/316/bids http://www.cityofcallaway.com/

The City reserves the right to reject any or all proposals, to waive informalities in the Bids/Proposals and to re-advertise for Bids/Proposals. The City also reserves the right to separately accept or reject any item or items of a Bid/Proposal and to award and/or negotiate a contract in the best interest of the City.

Any respondent, proposer or person substantially and adversely affected by an intended decision or by any term, condition, procedure or specification with respect to any bid invitation, solicitation of Qualifications or Request for Qualifications, shall file with the City Clerk’s Office for City of Callaway, a written notice of intent to protest no later than seventy two (72) hours (excluding Saturdays, Sundays, and legal holidays for employees of City of Callaway) after the posting either electronically or by other means of the notice of intended action, notice of intended award, bid tabulation, publication by posting electronically or by other means of a procedure, specification, term or condition which the person intends to protest, or the right to protest such matter shall be waived. The protest procedures may be obtained from the City Clerk’s Office.

Per 120.57 (3) F.S. If the subject of a protest is not resolved by mutual agreement within 7 days, excluding Saturdays, Sundays, and state holidays, after receipt of the formal written protest, and if there is a disputed issue of material fact, the agency shall refer the protest to the division by electronic means through the division’s website for proceedings under subsection (1).

Minority and women’s business enterprises are hereby solicited to bid on this contract as prime contractors and are encouraged to make inquiries regarding potential subcontracting opportunities and equipment, material and/or supply needs.

The City of Callaway is an Equal Opportunity Employer.

TABLE OF CONTENTS

BID NO: LS2026-14

Table of Contents

SPECIAL INSTRUCTIONS AND CONDITIONS

GENERAL INSTRUCTIONS AND CONDITIONS

MINIMUM TECHNICAL SPECIFICATIONS

Exhibit A – Specifications……...…………………………………..…….18

SAMPLE AGREEMENT FOR CONTRACTOR SERVICES………………………21

BID/PROPOSAL CHECKLIST……………………………………………………….30

BID CERTIFICATION FORM………………………………………………………..31

PUBLIC ENTITY CRIMES STATEMENT………………………………………….33

DRUG-FREE WORKPLACE CERTIFICATION…………………………………...35

PROPRIETARY/CONFIDENTIAL INFORMATION FORM……………………..36

CONFLICT OF INTEREST FORM…………………………………………………..37

ANTI-COLLUSION STATEMENT…………………………………………………..38

SPECIAL INSTRUCTIONS AND CONDITIONS

BID NO: LS2026-14

* Note: The GENERAL INSTRUCTIONS AND CONDITIONS (attached hereto) apply, except as set forth below, for this Bid.

A. Description: ( ) See Attached (X) As Follows

1. It is the intention of this Request for Proposals (RFP) to receive firm fixed pricing from qualified bidders for all labor, supervision, equipment, tools, and incidental materials necessary to remove and replace the following HVAC for the Leisure Services Department in accordance with the specifications contained within this RFP.

B. Specifications: (X) See Attached ( ) As follows:

See attached Minimum Technical Specifications/Scope of Work

C. Contract/Agreement Required: ( ) None (X) As follows:

See attached Draft Agreement

D. Items to be submitted with Bid: ( ) None (X) As follows:

• Bid/Certification Form(s) with signature page(s),

• Public Entity Crimes Statement,

• Drug Free Workplace Certification,

• One (1) original with three (3) copies of the bid submittal,

• List of Subcontractors, if applicable, and

• List of three (3) references for similar types of work with contact information.

• Proprietary/Confidential Information Form

• Proof of Insurance

E. Deadline and place for submission of Bids:

10:00 a.m., Wednesday, September 16, 2026 (BID DEADLINE) City Hall 6601 East Hwy. 22 Callaway, FL 32404

10:15 a.m., Wednesday, September 16, 2026 (BID OPENING) Callaway Arts & Conference Center 500 Callaway Park Way Callaway, FL 32404

SEALED BIDS MUST BE DELIVERED TO CITY HALL BY 10:00 A.M.

F. Insurance Requirements: ( ) None (X) As follows:

Minimum Coverage Property Damage: $ 500,000 General Liability: $ 1,000,000/2,000,000 Automobile Liability: $ 1,000,000/2,000,000 Workers' Compensation: $ Statutory Limit*

Note: Insurance Certificate must be provided by Successful Bidder upon execution of Agreement. City is to be listed on the bidder's/proposer’s Certificate of Insurance as additionally insured and certificate holder in order for the City to be notified if the insurance is canceled or modified.

G. Bond Requirements: (X) None ( ) As follows:

Amount of Bond Bid Bond $ or _5_ % of Bid Performance Bond $ or N/A % of Bid Payment Bond $ or N/A % of Bid Construction Bond $ or N/A % of Bid Other: $ or N/A % of Bid

H. Number of Copies of Bid Forms with original signature(s) Required:

One (1) unbound original, with notarized Signatures, plus three (3) copies.

NOTICE:

Proposals may be rejected if all documents are not complete and executed, and the numbers of copies specified/requested of each are not submitted with the proposal.

GENERAL INSTRUCTIONS AND CONDITIONS

(1) NOTICE TO BIDDERS/PROPOSERS

The following general instructions and conditions apply to all Requests for Bids/Proposals unless modified by the provisions set forth in the “Special Instructions and Conditions” attached hereto. If there is a conflict between the “Special Instructions and Conditions” and these “General Instructions and Conditions,” the provisions in the Special Instructions and Conditions will apply. Note: The General Instructions and Conditions and the Special Instructions and Conditions are periodically revised; potential Bidders/Proposers should read both carefully prior to submitting a Bid/Proposal. The attached Special Instructions and Conditions apply only to this Bid/Proposal.

(2) SUBMITTAL OF BIDS/PROPOSALS

Qualified businesses or individuals requesting consideration must submit a complete Bid/Proposal with any/all attachments in a sealed package clearly marked with the name and number of the Bid/Proposal, to the attention of the City Clerk, prior to closing time at the address shown in the Special Instructions and Conditions attached hereto. If not so marked as to this wording, sealed and/or received by the closing time, the Bid/Proposal will not be accepted. Bid/Proposal packages, additional information regarding this Bid/Proposal, or the bidding procedures may be obtained by contacting the City Clerk, 6601 East Hwy. 22, Callaway, FL 32404, (850) 215-6694.

It shall be the sole responsibility of the Bidders/Proposers to have their Bid/Proposal delivered on or before the closing time and date stated in the Special Instructions and Conditions. Any Bids/Proposals received after the stated time and/or due to delays caused by mail or courier delivery, or any other reason, shall not be opened or otherwise considered, and will be returned at the bidder's/proposer’s expense.

Bids/Proposals shall be opened and publicly announced at the Callaway Arts & Conference Center, 500 Callaway Park Way, Callaway, Florida, after closing of Bids/Proposals, unless otherwise specified in the Special Instructions and Conditions.

(3) SPECIFICATIONS AND REQUIREMENTS

The detailed specifications and additional requirements relating to this Bid/Proposal are set forth in the Special Instructions and Conditions attached hereto.

SILENCE OF SPECIFICATIONS: The apparent silence of any specification as to any details or any omission of a detailed description concerning any point shall be regarded as meaning that only the best construction practices are to prevail and that only new materials of first quality and correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of specifications shall be made accordingly by the City.

(4) BID/PROPOSAL FORM

Bidders/Proposers shall complete, sign and furnish the “Bid Certification Form", together with the forms, specifications and materials required in the “Special Instructions and Conditions” or any exhibits attached hereto. This will include a properly executed Drug-Free Workplace Certification, and a Sworn Statement on Public Entity Crimes Form, pursuant to Section 287.133(3)(a), Florida Statutes. The minimum number of complete Bid/Proposal packages to be submitted is set forth in the Special Instructions and Conditions.

If the “Special Instructions and Conditions” include a “Technical Specifications/Scope of Work” provision, and/or provide for a supplemental and or implementing agreement, the City reserves the right to modify the "Scope of Services." Further, the terms and conditions of any such agreement shall be modified prior to execution by the City, if such modifications are determined to be in the best interest of the City.

Bids/Proposals may be considered non-responsive, at the sole option of the City, and may be rejected if they include omissions, alterations of form, additions not called for, conditions or limitations, unauthorized alternate Bids/Proposals, submission of less than the number of bid packages requested, or other irregularities of any kind.

Unless otherwise stated, the price(s) set forth in the Bid/Proposal include(s) all costs and expenses for labor, equipment, materials, commissions, transportation charges and expenses, handling material inspection, and patent fees and royalties, together with any and all other costs and expenses for providing the service, equipment, materials or performing and completing the work as shown according to the plans and specifications herein.

If quotations are requested for the various items of work, they are intended to establish a total price for providing the materials, equipment, services, or completing the work in its entirety. If the Bidder/Proposer determines that the cost for any item of work has not been established by the Proposal Form, the cost for that work is to be included in other applicable Bid/Proposal item(s), so that the Bid/Proposal reflects the total price for completing that work in its entirety.

In the event of a discrepancy between a unit bid price and an extension, the unit bid price will govern. Written prices shall govern over figures.

(5) CLARIFICATION AND ADDENDA

Each Bidder/Proposer shall examine all Bid/Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning the interpretation, clarification or additional information pertaining to this Invitation to Bid/Request for Bid/Proposal will be accepted by the City Clerk up to and including five (5) working days prior to the closing date and time stated herein. The issuance of a written addendum signed by the City Clerk is the only official method whereby interpretation, clarification or additional information can be given. The City shall not be responsible for oral interpretations given by any City employee, representative or others. If any addenda are issued, the City will attempt to notify all known prospective Bidders/Proposers. However, it shall be the responsibility of each Bidder/Proposer, prior to submitting a Bid/Proposal, to contact the City Clerk's Office to determine if addenda were issued, and to make such addenda a part of the Bid/Proposal. If an addendum has been issued and was not incorporated in the Bid/Proposal documents submitted by Bidder/Proposer, the Bid/Proposal may not be accepted or considered by the City.

(6) MANUFACTURER’S NAMES AND APPROVED EQUIVALENTS

Unless otherwise specifically stated in the Special Instructions and Conditions, any manufacturer’s names, trade names, brand names, catalog numbers, or similar information listed in a specification, are for the purpose of information and illustration, and are not intended to restrict the submission of alternates meeting minimum specifications. The Bidder/Proposer may offer the same or any alternate for which the Bidder/Proposer is an authorized representative, which meets or exceeds the specifications for any item. If a manufacturer’s name or model is included in the specification, and a Bid/Proposal is based on alternate products or services which Bidder/Proposer maintains is equivalent and meets or exceeds specifications, Bidder/Proposer is to indicate on the Bid/Proposal Form the manufacturer’s name and related information of the alternate, including any deviation from the specifications. Unless expressly noted on the Bid/Proposal that an alternate is being proposed, and the specification includes a specific manufacturer’s model or brand, the Bid/Proposal will be considered as a quotation for the item(s) stated in the specifications.

(7) INFORMATION AND DESCRIPTIVE LITERATURE

Bidders/Proposers must furnish all information requested in the Bid/Proposal packet including but not limited to any sketches, plans, designs, specifications, and descriptive literature regarding the product(s)/service(s) being offered. Bids/Proposals which do not comply with these requirements are subject to rejection. Reference to submission of documentation or materials with a previous Bid/Proposal will not satisfy this provision.

(8) BONDS/INSURANCE

If the Bid/Proposal is accepted by the City, it will become a binding contract on both parties. If a bond or cashier/certified check is required as a bond, it shall be submitted with the Bid/Proposal. If the undersigned shall fail to deliver or perform, or if applicable, execute a contract if provided for herein, then the City may, at its option, determine that the undersigned has abandoned the award/contract, and thereupon such acceptance of the Bid/Proposal and/or award shall be null and void, and any cashiers/certified check or bond accompanying this Bid/Proposal shall be forfeited to and become the property of the City. The full amount of said check, or if a bond, the full amount of such bond, shall be paid to the City as partial liquidated damages; otherwise, any bond or cashiers/certified check accompanying this Bid/Proposal shall be returned to the undersigned within 30 calendar days from the date of award, or if provisions for a Notice to Proceed are included, from the date of the Notice to Proceed.

If a bid or proposal bond is required, the bonds of unsuccessful Bidders/Proposers will be returned within 30 calendar days of the Bid/Proposal due date, except as set forth below.

If a proposal is subject to the Competitive Negotiations Act, the bonds will be returned within 60 days of the proposal due date, except for the bond of the 3 highest ranked proposers. Within 30 days of execution of a contract, bonds from the remaining unsuccessful proposers will be returned.

Bid bond, if required, will be returned within 30 calendar days of delivery/acceptance of the item(s) bid or service(s) provided, unless a standard payment and performance bond is required. When a standard Payment and Performance Bond is required, the bid bond of the successful Bidder/Proposer will be returned within 30 calendar days from the date of the Notice to Proceed.

In the event a bid is awarded, a proposal is accepted, and/or a contract is executed, and the Bidder/Proposer chooses not to proceed, or fails to perform for any reason, the bond will be forfeited and retained by the City as partial liquidated damages. Future Bids/Proposals will not be accepted for consideration from the Bidder/Proposer for five (5) years, or such shorter period as the City Commission may determine.

In the event an award/selection is not made within 90 days after the Bid/Proposal due date and the City does not return all bonds, upon 30 business days written request, a bidders/proposer may withdraw their bid or proposal from consideration and obtain a refund of the Bid/Proposal bond.

All Awards will be subject to presentation of any required performance bond or certificate of insurance prior to any purchase authorizations, agreements, contract documents, or delivery. The Bidder/Proposer shall maintain any performance bonds or insurance coverage set forth in the Special Instructions and Conditions, at its own expense. If insurance is required, the City is to be listed on the bidder/proposer’s Certificate of Insurance as an additional insured and certificate holder in order that the City will be notified if the insurance is canceled or modified. The certificate shall also list the name of the project/service/equipment purchased, and the expiration date of the policy. At the City’s option, an award may be canceled, and any bid bond forfeited if any required performance bond or insurance certificate is not delivered within 21 calendar days of the date of award.

Note: The provisions of this section are in addition to and not a replacement for, any Bid/Proposal and/or performance bond required in the Special Instructions and Conditions. The foregoing provisions are intended to be in addition to any other legal remedy available to the City for non-performance by a Bidder/Proposer subsequent to the acceptance and/or award of a bid or proposal.

(9) SERVICE AND WARRANTY

If any warranty repair or replacement service is requested in the Special Instructions and Conditions / Specifications, any deviation or limitation from the requirements is to be expressly stated on the Bid Request for Proposal Certification Form.

If the service or product provided to the City pursuant to the bid consists of computer hardware, software or firmware, the Bidder/Proposer warrants that said product will accurately process/or reflect data from, into and between the twentieth and twenty-first centuries, including leap-year calculations.

(10) CONTRACT FORMS

Any agreement or contract resulting from the acceptance of a Bid/Proposal shall be on forms either supplied by or approved by the City, and shall contain, as a minimum, applicable provisions of the Invitation to Bid/Request for Proposal, and the Bid/Proposal documents to be submitted by Bidder/Proposer, including the Special Instructions and Conditions, General Instructions and Conditions, and all attachments therewith. The City reserves the right to reject any Bid/Proposal or resulting agreement which does not conform to the Invitation to Bid/Proposal and, if applicable, any City requirement relating to such an Agreement.

The City reserves the right to extend any contract or agreement for an additional period of not more than ninety

(90) days beyond the original expiration date. Prices in effect on the last day of the contract shall remain in effect for the contract extension period. Additional extensions shall be subject to agreement of both parties.

The successful Bidder/Proposer will be required to execute any resulting agreement and provide any bonds or insurance certificates required within 10 days of contract execution. Failure to timely execute the necessary bond or insurance certificate will result in cancellation of an award, with no further obligation by the City.

This Bid/Proposal is subject to the appropriation of funds in an amount sufficient to allow continuation of the City’s performance in accordance with the terms and conditions of this Bid/Proposal for each and every fiscal year in which this Bid/Proposal is executed and entered into. If funds are not appropriated/available, the City shall provide prompt written notice to the selected Bidder/Proposer that effective thirty (30) days after giving such notice, or upon the expiration of the time for which funds were appropriated, whichever occurs first, the City will thereafter be released of all further obligations related to the Bid/Proposal and/or award.

(11) BID/PROPOSAL EXPENSES

All expenses for preparing and submitting Bids/Proposals to the City are to be borne by the Bidder/Proposer.

(12) VARIANCES

Any variance whatsoever from the Bid/Proposal Specifications are to be clearly identified on the Bid/Proposal form. Acceptance of any proposed variations will be at the sole discretion of the City.

(13) CONFLICT OF INTEREST

The award of a bid or acceptance of proposal is subject to Chapter 112, Florida Statutes. All Bidders/Proposers must disclose with their Bid/Proposal the name of any officer, director, or agent who is a city official or employee, or a member of an official’s or employee’s immediate family. Further, Bidders/Proposers must disclose the name of any city official or employee, or a member of an official’s or employee’s immediate family, who owns directly or indirectly an interest of ten percent (10%) or more in the bidder’s/proposer’s firm or related business.

(14) DELIVERY

All items provided pursuant to an award are to be delivered prepaid to the City Clerk's Office, 6601 East Hwy.

22, Callaway, Florida 32404-2041, unless a different location is specified in the Special Instructions and Conditions. All delivery charges are to be included in the Bid/Proposal price. No Collect on Delivery (C.O.D.)

will be accepted. Title and risk of loss or damage to all items shall be the responsibility of the Bidder/Proposer until delivered to the City.

(15) INSPECTION, ACCEPTANCE AND TITLE

All items delivered pursuant to an award are subject to inspection and review prior to acceptance by the City.

Acceptance, evidenced by separately written Notice of Acceptance or full payment, will be made only after verification of compliance with all specifications. Acknowledgment of delivery and/or partial payment does not constitute acceptance.

(16) OWNERSHIP RIGHTS AND PUBLIC RECORDS LAW

Public Records Law. Bidder/Proposer acknowledges that they are familiar with the provisions of the Public Records Law of the State of Florida.

Bidder/Proposer agrees to comply with Chapter 119, Florida Statutes, and specifically per Florida Statute 119.0701, Bidder/Proposer agrees to keep and maintain public records that would be required by the City of Callaway in order to perform the services provided for in this agreement; Bidder/Proposer agrees to provide public access to any required public records in the same manner as a public agency; Bidder/Proposer agrees to protect exempt or confidential records from disclosure; Bidder/Proposer agrees to meet public records retention requirement; and Bidder/Proposer agrees that at the end of the term of this agreement, to transfer all public records to the City of Callaway and destroy any duplicate, exempt or confidential public records.

All products generated by the Bidder/Proposer for the City become the property of the City. The City may require submission of any electronic file version of reports, data, maps, or other submission of documentation produced for or as a result of this Bid/Proposal in addition to paper documents.

Further, in accordance with the Public Records Laws of the State of Florida, Section 119.0701, (2013), Contractor must:

A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency.

E. If a contractor does not comply with a public records request, the public agency shall enforce the contract provision in accordance with the contract.

(17) RESERVED RIGHTS

The City reserves the right to reject any and all Bids/Proposals, with or without statement of cause, request resubmissions, or to waive any irregularities or technicality or negotiate modifications to any Bid/Proposal which may be in the best interest of the City.

Bidders/Proposers which do not normally engage in providing the types of commodities/services specified herein may be required to demonstrate they have sufficient financial support, equipment, and organization to ensure they can satisfactorily perform if awarded a bid/contract under the terms and conditions herein stated.

The City reserves the right to make such investigations as it deems necessary to determine the ability of any Bidder/Proposer to perform the work or service requested. Any information the City deems necessary to make such determinations shall be provided by the Bidder/Proposer upon request as a condition of further consideration of the Bid/Proposal. The applicability of all information obtained, and the City’s decision shall be final. By submitting a bid or proposal, Bidder/Proposer authorizes such investigation.

If the contract awarded as a result of this bid is terminated prior to the end of the term, the City reserves the right to award the balance of the contract to the next lowest responsive and responsible bidder.

(18) ADVERTISING

In submitting a Bid/Proposal, Bidder/Proposer agrees not to use the results therefrom as a part of any commercial advertising or marketing purposes without written approval of the City Manager.

(19) GOVERNMENTAL RESTRICTIONS/REQUIREMENTS

In the event any governmental restrictions are imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered in a Bid/Proposal, it shall be the responsibility of the successful Bidder/Proposer to immediately notify the City of the specific regulation which required an alteration, and the specific alterations that will be made to the item(s) bid/proposed. The City reserves the right to accept any such alteration/substitution, including any price adjustments resulting therefrom, or to cancel the award at no expense to the City.

(20) NON-DISCRIMINATION

There shall be no discrimination as to race, sex, color, creed, handicap, or national origin in the selection, award, or operations conducted, or performance related to any bid or proposal.

(21) UNAUTHORIZED EMPLOYEES OR AGENTS

Employment of unauthorized aliens by Bidder/Proposer is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If selected Bidder/Proposer knowingly employs unauthorized aliens, such action shall be cause for unilateral cancellation of this agreement and the City may recover damages from selected Bidder/Proposer resulting from such cancellation. The selected Bidder/Proposer shall be responsible for including this provision in any context with and requiring compliance by any/all subcontracts performing for selected Bidder/Proposer relating to this agreement.

(22) OTHER GOVERNMENTAL ENTITIES - OPTIONAL APPLICATION

In the State of Florida, other Florida public entities may “piggy-back” on competitive Bid/Proposal awards under the same terms and conditions, if all parties are in agreement.

(23) LEGAL NAME

Bids/Proposals shall clearly indicate the legal name and organizational structure, business address, telephone number, and email address of the Bidder/Proposer. Bids/Proposals shall be signed above the typed or printed name and title of the individual submitting the Bid/Proposal. The signer shall warrant he/she has the authority to bind the Bidder/Proposer to the terms and conditions of the submitted Bid/Proposal.

(24) WAGES

State and Federal minimum wage and hour regulation apply to Bidder/Proposer and all subcontractors.

(25) SELECTION

The city intends to award this bid to the lowest responsive and responsible bidder or bidders. However, the City reserves the right to reject any and all Bids/Proposals. The procedures for the selection/award of Bids/Proposals are provided for by Florida Statutes and the City’s Charter, Code of Ordinances, and Administrative Policies. Generally, all Bids/Proposals are reviewed by City staff and evaluated by the City Manager, and if required by law, by a Selection Advisory Committee appointed by the City Manager. The type and price of the product(s) or service(s) being acquired determines if an award or selection may be made by the City Manager or requires City Commission approval. For information on which procedure applies to a particular Bid/Proposal contact the City Clerk.

Bids/Proposals will be evaluated based on, but not limited to, one or more of the following criteria as appropriate:

• compliance with specifications,

• price (if applicable),

• capability/adequacy of Bidder/Proposer,

• past and current projects, services or equipment provided to the City,

• delivery schedule,

• prior government projects, services or equipment provided to other jurisdictions, and

• general reputation, location and references.

Separate procedures and requirements relating to Requests for Bids/Proposals/Qualifications apply for certain grant programs and for professional services, for example the Consultants’ Competitive Negotiation Act (Florida Statute 287.055), and by the City’s Code. When the City initiates such a Request for Proposals/Qualifications, the selection process and related procedures are included in the Special Instructions and Conditions.

Pursuant to Chapter 287.087 Florida Statutes, in the event two (2) or more bids are equal with respect to price, quantity, and services, preference will be given to Bidders/Proposers which have implemented Drug-Free Workplace Programs.

Further, per 287.087(11) "If two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise." In addition, at the sole discretion of the City, payment terms, conditions, and other consequential information may be utilized in resolving apparent tie Bids/Proposals.

NOTE: For consideration, Bidder/Proposer must return the Bid Certification Form included in the Bid/Proposal package.

(26) INDEMNIFY

After notification of award, the successful Bidder/Proposer agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, agents, and invites, from and against all claims, suits, sections, damages, or causes of action arising from any personal injury, loss of life or damage to property, sustained by reason of, or as a result of constructing, manufacturing, processing, delivery, or performance of the services or work for which the Bid/Proposal was awarded or any resulting agreement executed, and from and against any orders, judgments, or decrees which may be entered thereto, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or by reason of the defense of any such claim, suit or action, and the investigation thereof. Nothing in any resulting agreement shall be deemed to affect the rights, privileges and immunities of the City of Callaway.

The selected Bidder/Proposer, without exception, shall also indemnify and hold harmless the City and its officials, employees, agents, and invites from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process or article manufactured or used in the performance of the contract, including its use by the City. If the selected Bidder/Proposer uses any design, device or materials covered by patent or copyright, it is mutually agreed and understood that the Bid/Proposal prices include all royalties or costs arising from the use in any way of such design, device or materials involved in the product and/or services provided to the City.

(27) MODIFICATION - AFTER AWARD

Any changes proposed by a Bidder/Proposer after an award in (a) materials used, (b) manufacturing process,

(c) construction or (d) specifications, are to be submitted in writing to the City Manager prior to delivery. No changes shall be approved and binding upon the City unless evidenced by a Change Order issued and signed by the City Manager.

(28) ASSIGNMENT

Any purchase order issued pursuant to this bid invitation/request for proposal and the funds which may become due hereunder, are not assignable, except with the prior written approval of the City Manager.

(29) DISCLOSURE

Bidder/Proposer acknowledges by submitting a Bid/Proposal that all information provided to the City is part of the public domain as defined by Florida Statutes and is considered a public record. Information should not be labeled “confidential,” unless specifically exempted under said Statutes, and exempts the City from any liability for releasing all information to the public, including inadvertently releasing information deemed confidential by the Bidder/Proposer.

(30) TAXES

The city is a tax-exempt Florida municipality, Federal Employment Identification Number 59-6000-284, Florida State Tax Number 37-02-008131-54C. Copies of Exemption Certificate and related information may be obtained by contacting the City Clerk, City of Callaway, 6601 East Hwy. 22, Callaway, Florida 32404-2041 or (850) 215-6694.

(31) APPLICABLE LAWS/LEGAL VENUE

All applicable laws, regulations and ordinances of the State of Florida, Bay County and the City of Callaway will apply to consideration and award of any Bid/Proposal and the performance of the Bidder/Proposer pursuant thereto and shall be governed by the laws of the State of Florida both as to intention and performance.

The venue for any action arising from the award or subsequent performance shall lie exclusively in the Circuit Court of Bay County, Florida, or the United States District Court for the Northern District of Florida, as applicable.

NOTE: ANY AND ALL PROVISIONS SET FORTH IN THE SPECIAL INSTRUCTIONS AND

CONDITIONS ATTACHED HERETO, WHICH VARY FROM THESE GENERAL

INSTRUCTIONS AND CONDITIONS, SHALL HAVE PRECEDENCE.

SCOPE OF WORK / SPECIFICATIONS

This is a Request for Proposals for Air Conditioner Replacements Phase 2

GENERAL INFORMATION:

It is the intention of this Request of Proposals (RFP) to receive firm fixed pricing from qualified bidders for all labor, supervision, equipment, tools, and incidental materials necessary to remove and replace the following HVAC for the Leisure Services Department in accordance with the specifications contained within this RFP.

Each bidder shall become fully informed to the extent and character of the product(s) required prior to submitting a bid. No consideration will be granted for any alleged misunderstanding of the material to be furnished or work to be done. It must be understood that the submission of a bid is an agreement with all the items and conditions referred to herein.

Submittal of a Bid in response to this Invitation for Bid constitutes an offer by the Bidder. Bids which do not comply with these requirements may be rejected at the option of the city. It is the Bidder’s responsibility to ensure that Bid submittals are in accordance with an addendum(s) issued.

Bids not submitted with all the required documents may be rejected.

The City shall award the contract to the lowest fully responsive and responsible Bidder(s); provided that the City may award the contract to a Bidder(s) other than the lowest Bidder should it find the lowest Bidder does not offer the reliability, quality of service or product afforded by such other Bidder. Where a Bid other than the lowest Bid is taken, the City shall state the reasons upon which such award was made.

Exhibit A - General Specifications

As a reminder:

No oral interpretations will be made to any firm as to the meaning of specifications or any other contract documents. In accordance with the City’s Purchasing Policy, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the time the City awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the procurement process, any City Commissioner, any City employee, or any agent of the City who is authorized to act on behalf of the City on such procurement, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. All questions must be submitted to Ashley Robyck, City Clerk in writing at arobyck@cityofcallaway.com mailto:arobyck@cityofcallaway.com

EXHIBIT A –

SPECIFICATIONS

SPECIFICATIONS:

Any deletions or variations from manufacturer’s regular published specifications must be explained and outlined in an attached letter.

Following is a list of the items and the estimated quantities the city will need. These are estimated quantities for Bidder information only; actual quantities may vary.

500 Callaway Park Way

Callaway FL 32404

Scope of Work Provide all labor, supervision, equipment, tools, and incidental materials necessary to remove and replace the following HVAC equipment:

• 4 split systems (HVAC)

• Reuse existing refrigerant line sets where deemed serviceable

• Install all indoor and outdoor equipment located within the mechanical rooms

• Braze all refrigerant connections while flowing nitrogen

• Pressure test all refrigerant circuits

• Evacuate systems to industry standards prior to startup

• Charge and commission each system as required

• Reconnect existing condensate drains where possible

• Reconnect existing control wiring and thermostats/ controls

• Perform operational startup, testing, and balancing of each system

• Remove all installation debris from the job site

(4) 7.5-ton split systems with 10kw heat Condenser 3 phase 230 volt Air Handler 1 phase 230 volt

WARRANTY:

The items specified herein shall be covered by the manufacturer’s standard warranty. The bidder shall submit a copy of each warranty with their bid. Indicate in the offer if warranties commence with the purchase date, delivery date, or the date of manufacture. Include any information on the delayed warranty procedure to cover the interval between time of the delivery and the actual date the product is placed in service by the city.

TERMS OF CONTRACT:

A. This is firm/fixed pricing for AIR CONDITIONER REPLACEMENTS PHASE 2, all labor, supervision, equipment, tools, and incidental materials necessary to remove and replace the HVAC equipment and any appurtenances. Price adjustments may be considered in certain circumstances set forth in the Agreement.

B. Payment will be made 30 days after satisfactory delivery and inspection of the product. The City shall determine the quality and acceptability of the product prior to payment. The City shall decide finally and conclusively any differences that may arise as to the interpretation of the specifications or the fulfillment of the terms of the Contract.

C. Bidder shall be deemed an independent Contractor as to the product requested and not an agent or servant in the employ of the City.

D. All Bids shall be firm and be valid for a period of sixty (60) days.

E. Defective equipment, components, and materials shall be returned to the successful Bidder at their expense. Successful Bidders shall replace defective equipment, components, and materials or provide credit to the City for the full contract price of equipment, components, and material(s). If the Bidder chooses to replace the defective equipment, components, and materials, it shall be with new equipment, components, and materials guaranteed to perform and must bear the active AHRI certification seal at the time of delivery, in accordance with the specifications in this bid. Repaired and/or re-manufactured materials/systems shall not be accepted.

AGREEMENT FOR CONTRACTOR SERVICES

This Agreement made as of this ________ day of, _____________, 2026, by and between the City of Callaway, Florida - (the “CITY”), and ______________________ authorized to do business in the State of Florida (the “CONTRACTOR”), and whose address is _____________________, _____________________Phone: ( ) .

In consideration of the mutual promises contained herein, the CITY and the CONTRACTOR agree as follows:

ARTICLE 1 – SCOPE OF SERVICES

The CONTRACTOR’S responsibility under this Agreement is to furnish, deliver, and construct all materials, labor, and equipment and to perform all operations in accordance with the plans and specifications and as listed in the Bid Form for the AIR CONDITIONER REPLACEMENTS PHASE 2

BID NO: LS2026-14.

The CONTRACTOR'S Scope of Work for providing services under this Agreement is set forth in Exhibit l. Services of the CONTRACTOR shall be under the general direction of the CITY MANAGER, who may designate a person to act as the CITY’S representative (hereinafter “REPRESENTATIVE”) during the performance of this Agreement.

The CITY shall furnish to the CONTRACTOR up to four (4) sets of the Contract Documents for execution of the Work. Additional copies of the Contract Documents are available at the cost of reproduction.

ARTICLE 2 – SCHEDULE

The term of this contract shall be for an initial sixty (60) day contract. All prices are firm for a period of sixty days. After sixty days, the City may approve the option of renewing the contract at the same or a lesser price for a (60) day period, not to exceed one (1) year, with the written consent of CONTRACTOR and approval by the Commission of the City of Callaway, along with any cost increases at that time. Thereafter, the contract will automatically renew annually, unless termination is initiated by either party pursuant to Article 4 herein.

ARTICLE 3 - PAYMENTS TO CONTRACTOR

A. Vendor proposes and agrees to provide all services required for the City of the AIR

CONDITIONER REPLACEMENTS PHASE 2 BID NO: LS2026-14, for the Total Sum(s) not to exceed $_______________.

B. The invoices received from the CONTRACTOR pursuant to this Agreement will be reviewed and approved by the City Manager’s office, indicating that services have been rendered in conformity with the Agreement, and then will be sent to the Finance Department for payment.

Contractor/Vendor will invoice for payment to the City when delivery and satisfactory inspection of materials has been completed. The invoice(s) shall be delivered to accounts payable at City Hall, 6601 E. Highway 22, Callaway Florida, 32404.

C. In order for both parties herein to close their books and records, the CONTRACTOR will clearly state “final invoice” on the CONTRACTOR’S final/last billing to the CITY. This indicates that all materials have been delivered & inspected, and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, any and other further charges if not properly included on this final invoice shall be waived by the CONTRACTOR.

D. CONTRACTOR acknowledges that it has reviewed the scope of work and inspected materials list and does not anticipate having any CONTRACTOR requested change orders.

ARTICLE 4 - TERMINATION

This Agreement may be terminated by the CONTRACTOR on 60 days prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms hereof through no fault of the CONTRACTOR. It may also be terminated by the CITY, with or without cause, immediately upon written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services rendered to the CITY’S satisfaction through the date of termination. After receipt of a termination notice and except as otherwise directed by the CITY the CONTRACTOR shall:

A. Stop work on the date and to the extent specified.

B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.

C. Transfer all work in process, completed work, and other material related to the terminated work to the CITY.

D. Continue and complete all parts of the work that have not been terminated.

ARTICLE 5 - PERSONNEL

The CONTRACTOR represents that it has or will secure at its own expense all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY.

All of the services required herein under shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under State and local law to perform such services.

The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field.

ARTICLE 6 - SUBCONTRACTING

The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. The CONTRACTOR is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities.

If a subcontractor fails to perform or make progress, as required by this Agreement, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the CITY.

ARTICLE 7 - FEDERAL AND STATE TAX

The CONTRACTOR shall be responsible for payment of its own FICA and Social Security benefits with respect to this Agreement and the personnel it employs.

ARTICLE 8 – INSURANCE & BONDS

A. The CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance and bonds required under this paragraph and such insurance has been verified by the

CITY.

B. All insurance policies shall be issued by companies authorized to do business under the laws of the

State of Florida.

The CONTRACTOR shall maintain, during the life of this Agreement, comprehensive automobile liability insurance in the amount of $1,000,000 and $2,000,000 combined single limit for property damage and bodily injury liability covering claims which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles, whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.