Plumbing Services.pdf

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City of Bartow, FL

Invitation to Bid

Plumbing Services Project ID: ITB 26-21

RELEASE DATE: July 15, 2026

RESPONSE DEADLINE: August 5, 2026, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

#ITB 26-21

Title: Plumbing Services

Table Of Contents

1. INTRODUCTION AND BACKGROUND INFORMATION

2. INSTRUCTIONS TO BIDDERS

3. FOR SEALED HARD COPY SUBMISSION ONLY: ADDRESS LABELS

4. SCOPE OF WORK

5. STANDARD TERMS AND GENERAL CONDITIONS

6. PRICING TABLE

7. VENDOR SUBMITTAL FORMS

SECTION 1: INTRODUCTION AND BACKGROUND INFORMATION

1.1. Purpose of Solicitation

The City of Bartow, Florida (City”) is actively seeking bids from qualified and experienced companies to provide plumbing and related services to various locations throughout The City of Bartow. Services performed under this contract shall include, but is not limited to, installation of plumbing fixtures, replacements, and repairs of various plumbing systems inside and outside of buildings.

The Contractor shall be responsible for supplying all labor, tools, materials, equipment, supplies and expertise necessary to perform related services for all City departments.

1.2. City Background Information

The City’s buildings and infrastructure rely on effective plumbing systems to support daily operations. As these systems age or require updates, qualified plumbing services are necessary to address maintenance needs, perform repairs, and support construction or renovation efforts. This project enables the City to access these services efficiently and reliably.

SECTION 2: INSTRUCTIONS TO BIDDERS

2.1. Bid Schedule

ITB Solicitation Issued: July 15, 2026

Question Submission Deadline: July 28, 2026, 4:00pm

Bids Due: August 5, 2026, 2:00pm

In person: 450 N. Wilson Ave., Bartow, FL 33830 or via Teleconference at +1 872-256-4257,,312519811#

2.2. Award

Awards will be made to the two (2) lowest responsive and responsible bidders for all items combined, designated as the Primary

Awardee and Secondary Awardee.

Additionally, as the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items or to reject all bids or waive any minor irregularities or technicalities in bids received. In determining the lowest responsive and responsible bidder, in addition to price, the following may be considered:

• 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.

2.3. Bid Opening

It is the responsibility of the bidder to assure that their bid is delivered or submitted at the proper time and place prior to the bid opening. All bid openings shall be public, following 2:00 pm, on the date specified in the solicitation. Bids which for any reason are not so delivered or submitted electronically through the City’s e-procurement system, will not be considered. Bid Submittals Using

Facsimile or Email Will Not Be Accepted.

Note: In accordance with Florida Statute 119.071, a listing of vendors that provided a bid submittal shall be posted to the City’s e-procurement platform OpenGov; https://www.cityofbartow.net/313/Review-Current-Bids.

All bids shall remain exempt from disclosure, including bid amounts, until recommendation of award or 30 days after bid opening, whichever event occurs first. Should the City reject all bids, before the recommendation of award or 30 days after bid opening, and concurrently provide notice of the City’s intent to reissue the bid, the rejected bids will remain exempt from

Florida Statute 119.07 until such time as the City provides notice of recommendation of award of the reissued bid or until the

City withdraws the reissued bid. The bid is not exempt for longer than 12 months after the notice of rejection of all bids.

2.4. F.O.B. Destination

https://www.cityofbartow.net/313/Review-Current-Bids

All prices covered by this bid/contract will include the cost of transportation to the City of Bartow, Florida.

2.5. Packaging

All containers shall be suitable for storage or shipment, and all prices should include standard commercial packaging.

2.6. Taxes

No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax.

2.7. Prices

Unless otherwise specified, all prices and/or discounts shall be firm for the duration of the original contract/purchase order. In the event of price decreases the City of Bartow shall be given full proportionate benefits immediately at any time during the contract period.

2.8. Invoices

Invoices: Any invoices at higher prices than the contract price shall be held until proper credit memorandums have been received. Any applicable cash discounts that apply as the result of this contract shall be taken even though the allowable time has elapsed due to the time awaiting credit memorandums.

• All original invoices shall be mailed to the City of Bartow, Attn: Accounts Payable, 450 N. Wilson Ave., Bartow, Florida 33830 or they may be emailed to: cbrown.finance@cityofbartow.net.

• The bidder shall include the bid number and/or the purchase order number on all invoices. By submitting an invoice, Bidder’s Project Manager or any authorized officer is attesting to the correctness and accuracy of all charges. Invoices will be processed for payment when approved by the appropriate User Division/ Department. The City’s payment of an invoice shall not constitute evidence of the City’s acceptance of the Bidders performance of the Service or the City’s acceptance of any work.

2.9. Discounts

Bidders may offer a cash discount for prompt payment (within 30 days); however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts on the prices quoted.

2.10. Payments

All payments will be made in accordance with the Florida Prompt Payment Act. The payment due date for the purchase of goods or services other than construction services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735.

2.11. Manufacturer’s Name

Any manufacturer’s name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the city of Bartow and such determination shall be final and binding among all bidders.

2.12. Safety Standards

Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of

Occupational Safety and Health Act (OSHA) and carry evidence of Underwriters Laboratories’ Listings (UL).

2.13. Toxic Substances

Chapter 442 of the Florida Statue states that manufacturers, importers or distributors of any toxic substance shall prepare and provide each direct purchaser of such toxic substance with Material Safety Data Sheet(s), herein referred to as MSDS, which to the best of the manufacturer’s, importer’s or distributor’s knowledge, is current, accurate and complete based on information then reasonably mailto:cbrown.finance@cityofbartow.net http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec73.htm#0218.73 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0218/Sec735.htm#0218.735 available to the manufacturer, importer or distributor. Upon notification of a new or revised MSDS the manufacturer, importer or distributor, on a timely basis not to exceed three (3) months after notification, shall provide the City with the revised information as it becomes available to the manufacturer, importer or distributor. Failure to provide the MSDS, when applicable, shall be cause for rejection of bid.

2.14. Specifications

Any deviations from bid specifications indicated herein shall be clearly stated, otherwise it shall be considered that items offered are in strict compliance with specifications, and the successful bidder shall be held responsible. Deviations shall be explained in detail.

2.15. Estimated Quantities

This section applies to bids/contracts in which purchases will be made as needed over a period of one (1) year or more. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary.

2.16. Bid Price Increases

The City of Bartow depending on the budget for said FY may allow for a Consumer Price Index (CPI) increase after the initial term of the original bid/contract upon request from the vendor. The CPI shall be in accordance with the Bureau of Labor Statistics (BLS) https://www.bls.gov/cpi/.

1. If the BLS increase doesn’t meet the needs of the awardee, and the awardee cannot honor the prices submitted they must notify the City within sixty (60) days prior to the end of the term/ service year period, then the City will not exercise the renewal options and will rebid for said needs to allow bidders the opportunity to update pricing based upon the current economy.

2. This doesn’t guarantee award of the new bid to the current vendor as bids are awarded based on the overall lowest responsive and responsible bidder meeting bid requirements for that specific bid.

2.17. Bid Term

Annual Bids: shall be for a period of one (1) year from the date of bid award with options to automatically renew for two (2), one (1) year terms following the initial term unless otherwise terminated in accordance with the termination clauses provided herein. The City and/or Awardee may opt out of such renewal option(s) with written notice provided to the appropriate party within sixty days (60) prior to the end of a service year period.

2.18. Bid Extension

Annual Bids: If the City provides notice to the Vendor at least 30 days prior to the end date (Termination Date) that it has not put in place a new bid for the goods, then this Bid shall remain in effect on a month-to-month basis until terminated by written notice from the City Purchasing Department to the Vendor, but not longer than four (4) months following the termination date.

2.19. Placing of Orders

The award of this bid does not constitute an order. Before shipments or service is provided, the vendor shall receive a signed Purchase

Order or Purchase Order number. In some cases, vendors shall be issued blanket orders. In this case shipments shall be specified on the order.

2.20. Performance

Efficient service is essential to this contract. Therefore, if the City of Bartow determines that the holder of the bid is unable to meet delivery within a reasonable amount of time it may become necessary to make procurement from other bidders or suppliers.

2.21. Conflict of Interest

All bidders must disclose, with their bid, the name of any officer, department head or agent who is also an employee of the City or any of their agencies. Furthermore, all bidders must disclose the name of any City employee who owns, directly or indirectly, any interest of any amount in the bidder’s firms or any of their branches. Award of this bid shall be subject to the provisions of Chapter 112, Florida Statutes.

https://www.bls.gov/cpi/

2.22. Patents and Royalties

The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented or non-patented invention, process or article manufactured or used in the performance of the bid, including its use by the City. If the bidder uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or material in any way involved in the work.

2.23. Samples

Samples of items, when called for, must be furnished free of expense and may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, bid number and item reference.

Samples of successful bidder’s items may remain on file with the Purchasing Department for the term of the contract. Request for return of samples shall be accompanied by instructions, which include shipping authorization and name of carrier, and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the Purchasing Department shall dispose of the samples.

2.24. Inspection, Acceptance and Title

Inspection and acceptance will be at the designated facility unless otherwise indicated. Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by the City, unless loss or damage results from negligence by the

City.

2.25. Insurance Requirements

Certificate of Insurance, Workers Compensation and endorsements evidencing the types of insurance and coverage required in this

Section shall be furnished within three (3) calendar days of Bidder’s receipt of Notice of Intent to Award the Bid/ Contract and, at any time thereafter, upon request by the Purchasing Department. The City of Bartow, 450 N. Wilson Ave., Bartow, FL 33830, shall be named as additional insured and the Successful Bidder shall, at minimum, provide, pay for, and always maintain in force during this project the following insurance:

WORKERS’ COMPENSATION:

Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers’ Liability with a limit of $100,000 each accident, $100,000 each employee, $500,000 policy limit for disease.

COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:

Awardee shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence. If such

CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000.

Products and completed operations aggregate shall be $1,000,000. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent vendors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100,000.

COMMERCIAL AUTOMOBILE LIABILITY INSURANCE:

Awardee shall maintain automobile liability insurance with a limit of not less than $5,000,000 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (included owned, hired, and non-owned autos). The policy shall be endorsed to provide contractual liability coverage.

EVIDENCE OF INSURANCE:

Awardee shall furnish the City of Bartow with Certificates of Insurance. The Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf and coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. The City of Bartow is to be specifically included as an additional insured on all policies except Workers’ Compensation. In the event the insurance coverage expires prior to the completion of the project, a renewal certificate shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the City of Bartow before the commencement of any work activities.

2.26. Drug-free Workplace

This form shall be included with your bid.

2.27. Bid Protest

Any bidder desiring to file a bid protest, with respect to a recommended award of any bid, shall do so by filing a written protest. The written protest must be in possession of the Procurement Department within three (3) working days of the Notice of Recommended

Award posting date. All bidders who bid will be sent a Notice of Recommended Award, unless only one bid is received. A copy of the bid protest procedures may be obtained from the City of Bartow’s website: https://www.cityofbartow.net/431/Protest-Procedures.

“Failure to Follow Bid Protest Procedure Requirements Within the Time Frames Prescribed Herein as Established by the City of Bartow, Florida Shall Constitute a Waiver of Your Protest and Any Resulting Claim.”

2.28. Code of Ethics

If any bidder violates or is a party to a violation of the code of ethics of the City of Bartow or the State of Florida, with respect to this bid, such bidder may be disqualified from performing the work described in this bid or from furnishing the goods or services for which the bid is submitted and shall be further disqualified from bidding on any future bids for work, goods, or services for the City.

2.29. Non-Exclusivity

Bidders acknowledge and understand that award of this project shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option.

https://www.cityofbartow.net/431/Protest-Procedures

SECTION 3: FOR SEALED HARD COPY SUBMISSION ONLY: ADDRESS LABELS

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: ITB 26-21, Plumbing Services

BIDS ARE DUE PRIOR BY 2:00 PM (EDT) ON, Wednesday, August 5, 2026

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.

SECTION 4: SCOPE OF WORK

4.1. Overview

The City of Bartow, Florida (City”) is actively seeking bids from qualified and experienced companies to provide plumbing and related services to various locations throughout The City of Bartow. Services performed under this contract shall include, but is not limited to, installation of plumbing fixtures, replacements, and repairs of various plumbing systems inside and outside of buildings.

The Contractor shall be responsible for supplying all labor, tools, materials, equipment, supplies and expertise necessary to perform related services for all City departments.

4.2. Background

The City of Bartow is issuing this solicitation to establish an as-needed plumbing services contract that will support multiple City departments. Plumbing needs arise throughout the year in various facilities, and a competitively awarded agreement ensures services can be secured efficiently when required.

4.3. Qualifications

• The Contractor submitting a bid must have been in business under the same name & TIN/FEIN number for the past two

(2) years.

• The Contractor shall hold an Certified Plumbing Contractor License in the state of Florida.

• The Contractor shall provide three (3) references from clients for whom the bidder has served as the prime contractor on projects of similar size and scope within the past five (5) years., Please refer to the Reference Form provided under the Vendor Submittal Forms.

• The Contractor shall not subcontract any portion of the work without the prior written approval of the Project Manager.

• The Contractor shall not be permitted to use alternative materials or supplies for this Project unless expressly authorized in writing by the Project Manager.

4.4. Minimum Required Services

A. Contractor AvailabilityThe Contractor shall be available to provide plumbing services to the City on an as-needed basis, including routine, urgent, and emergency service requests.

B. Emergency Response CapabilityThe Contractor must be able to respond to emergency service calls and provide emergency services 24/7.

C. Response Time CommitmentThe Contractor shall meet the minimum response times required by the City as listed in the scope of services

D. Proper Licensing and ComplianceThe Contractor’s personnel must hold the appropriate licenses required to perform plumbing work within the State of Florida. All work must comply with applicable laws, codes, and safety regulations.

E. Materials and WarrantyThe Contractor shall supply materials that meet commercial-grade standards and provide a minimum one-year warranty on all parts and labor, unless otherwise specified.

F. Documentation and ReportingAll service visits shall be documented with a written service report and supported by itemized invoices and required material documentation.

G. Equipment ReadinessService vehicles shall be equipped with the tools, equipment, and commonly used materials necessary to complete work upon arrival.

H. Worksite Cleanliness and SafetyThe Contractor shall maintain clean, safe work areas at all times and adhere to all

OSHA requirements.

I. Coordination With City StaffThe Contractor shall coordinate scheduling, facility access, shutdowns, and any required notifications with designated City personnel.

J. Non-Interference RequirementWork shall be scheduled and performed in a manner that minimizes disruption to City operations and public use of facilities.

4.5. Detailed Scope of Services

The contractor shall be able to perform all work outlined in this section. The work to be performed under this contract may include, but is not limited to, the following:

1) Initial installation, repair and/or replacement of drain, waste, supply lines and other similar tasks.

2) Installation, repair, and servicing of plumbing fixtures, including but not limited to kitchens and restrooms, such as faucets, commodes, sinks, hot water heaters, showers, traps, shut-off valves, vent lines and related plumbing as applicable.

3) Repair and replacement of potable water lines and devices inside and outside of buildings.

4) Cleaning of sanitary sewer lines and devices to restore normal service inside and outside of buildings.

5) Repair and replacement of domestic water heating devices and systems inside and outside of buildings.

6) Repair and replacement of various types of piping and devices inside and outside of buildings.

7) Additional plumbing services related to renovations and new construction or renovation projects.

8) Leak detection (within walls, slab, foundations, underground, etc.) at various heights

9) Backflow testing, repair, or replacement.

10) Repair and replacement of recirculating and sump pumps.

11) Snake and jet lines up to 200 feet.

12) Perform plumbing working up to 95 feet high such as repair of roof drain leaders, water pipe leaks, and repair of rain gutters on elevated pedestrian walkways.

13) Additional plumbing services as required/requested by the City of Bartow.

4.6. Materials

1) All materials shall be purchased from a legally established supplier that is registered and approved to conduct business in accordance with all Federal and local regulations, codes, statutes and in accordance with the Authority Having Jurisdiction (AHJ). The

Contractors suppliers shall have no direct or indirect affiliation with the Contractor and shall pose no conflict of interest.

2) The Contractor shall be allowed a mark-up percentage between 1% to 10% percent on materials.

• Mark-downs shall be at the Contractor’s discretion.

• The Contractor shall be reimbursed for the cost of material purchased and used in the repair of The City of Bartow’s equipment plus/minus the mark-up /mark-down per the Bid Response Form.

3) Material quality shall be commercial grade or as specified in the Scope for each project. All materials used shall be manufactured and supplied by a company acceptable to the County.

4) The City of Bartow reserves the right to furnish materials to the Contractor and set the standard of quality for materials for a given job.

5) To qualify for reimbursement of parts, the Contractor shall be required to provide the manufacturer’s original part name, part numbers, and description of the part on the Contractor’s invoice and supporting documents to support the invoiced total material cost.

6) The Contractor shall provide a minimum of one (1) year warranty for all parts and installation labor from project acceptance. If acceptance date cannot be determined, warranty will commence on the date payment for the work was issued to the Contractor.

7) The Contractor shall provide copies of the manufacturer’s warranty for materials purchased under this contract.

• The Contractor shall ensure that all warranties and guarantees are passed through to The City of Bartow to all extent possible.

• Contractor shall be responsible for all warranty communications and coordination with the suppliers and manufacturers for materials purchased by the Contractor and used under this contract for the duration of the contract.

• There shall be no additional compensation to the Contractor for this service.

8) When responding to a service call, the Contractor shall ensure that service vehicles are, at minimum, equipped with standard tools, equipment, parts, and consumables so that service can be accomplished without returning to the shop or breaks for material purchases.

• For scheduled services, the Contractor shall arrive at the worksite with all materials needed to complete the repair.

• The Contractor will not receive compensation for time spent gathering materials under any circumstances.

• Breaks for this purpose must be excluded from labor billable labor hours to the City of Bartow.

9) The Contractor shall provide supporting document for materials purchase and use for repairs required by the City of Bartow.

• Supporting document may include third party receipts and/or invoices, and supplier or manufacturers’ price list.

• The City of Bartow reserves the right to specify which of the previous documents is acceptable on a case-by-case basis.

10) The Contractor shall be responsible for the shipping charges, delivery and handling, and storage charges for material need for the job, unless otherwise approved by the City of Bartow in writing.

11) Materials shall remain the property and responsibility of the Contractor until they are incorporated into the work and the work is accepted by the City of Bartow.

12) There shall be no additional reimbursement to the Contractor for consumable supplies.

• The Contractor shall not include consumables on invoices to the City of Bartow.

• The Contractor shall account for these items in the unit prices on the Bid Response Form.

• Consumable supplies are defined as those commonly used supplies that are consumed during the performance of work.

• Consumable supplies including but are not limited to, items such as seal tape, washers, solder, sealants, connectors, cable ties, etc.

13) Non-interference; work shall be scheduled and performed in a manner that minimizes disruption to City operations and public use of facilities.

14) The city deserves the right to make Owner Direct Purchase (ODP) as deemed in the best interest of the City.

4.7. Service Locations

The Contractor shall provide plumbing services at various City-owned or City-operated buildings, infrastructure, or sites as designated by the City of Bartow, including but not limited to:

• City Hall;

• Public Works facilities;

• Police and Fire Department facilities;

• Parks and Recreation facilities;

• Water treatment and Wastewater facilities; and

• Utility facilities, and all other City owned locations requiring services.

4.8. Personnel Identification

• The successful bidder's employees shall be easily identifiable while performing work on City property by wearing company uniforms, shirts, or high-visibility safety vests displaying the company name.

• Employees shall carry company-issued identification, and vehicles used to perform work shall display the company name or logo.

4.9. Response Time Requirements

A. Routine Service Calls:

The Contractor shall respond to routine service requests within 48 hours of notification unless otherwise approved by the

City.

B. Urgent Service Calls:

For urgent but non-emergency situations that could result in service disruption or property damage, the Contractor shall respond within 24 hours.

C. Emergency Service Calls:

The Contractor shall provide emergency response services 24 hours a day, 7 days a week. Emergency response must occur within 2 hours of notification.

SECTION 5: STANDARD TERMS AND GENERAL CONDITIONS

5.1. Independent 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

5.2. Subcontractors

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

5.3. Addenda, Changes and Interpretations

Bidders shall submit all inquiries regarding this bid via the e-Procurement Portal, located at https://procurement.opengov.com/portal/bartowfl. Any inquiry or request for interpretation received seven (7) or more days prior to the due date from the opening of the Bids will be given consideration. Please note the deadline for submitting inquiries. Changes or interpretations may only be made by a written document in the form of an addendum.

Addenda Notification: Bidders are required to register for an account via the City's e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project.

Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/bartowfl.

All addenda are part of the contract documents, and each Bidder will be bound by such addenda whether or not received by them. No verbal interpretations may be relied upon. Failure to acknowledge receipt of addenda may constitute grounds for deeming a proposal non-responsive.

5.4. Multiple Bids

More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Such circumstances 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’ bids will be rejected and deemed for City purposes to be a conviction of a public entity crime.

5.5. Variances

For purposes of bid evaluation, Bidders must indicate any variances, no matter how slight, from the ITB 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 ITB 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.

5.6. 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.

5.7. Mistakes

Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, and special conditions of the Invitation to 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.

5.8. Bidder’s Cost

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

5.9. Rejection of Bids

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.

5.10. 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.

5.11. Licenses and Certifications

Bidder shall be appropriately licensed to perform the services offered. Bidders shall possess, at the time of bid opening, 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.

5.12. Insurance

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 ITB. The Bidder shall assume full responsibility and expense to obtain all necessary insurance.

2. The successful Bidder as well as related subcontractors shall provide a copy of any certificate of insurance which provides evidence of insurability meeting the minimum insurance requirements of the ITB as a part of receiving any ensuing contract, at the time of entering into the contract.

5.13. 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 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.

5.14. 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.

5.15. Cone of Silence

During the course of this solicitation, a Cone of Silence shall apply as follows:

• A Cone of Silence shall be in effect beginning upon the advertisement for requests for qualifications. The Cone of Silence shall terminate at the time the City awards one or more contracts for services or takes other action which ends the

Competitive Solicitation.

• Any person or entity that seeks a contract award or that is subject to being evaluated or having its response evaluated in connection with this solicitation, including a person or entity’s representative, shall not have any communication with any

City Commissioner, City management or their respective support staff or any person or group of persons appointed or designated by the City Manager to evaluate or make a recommendation relating to a contract award.

• The Cone of Silence shall not apply to written or oral communications with legal counsel for the City, the City's Purchasing

Department, or the City’s single point of contact.

• Any action in violation of this section shall be cause for disqualification of the bid. The determination of a violation shall be made by the City.

• Information and materials received by the City in connection with a Bidder’s response shall be deemed to be public records subject to public inspections. However, certain exemptions to the public records law are statutorily provided for in Section

119.07, F.S. Section 119.07, F.S. provides an exemption from public records law for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

5.16. 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.

5.17. 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.

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.

mailto:JPOOLE.CLERKS@CITYOFBARTOW.NET

5.18. 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.

5.19. Laws of the State of Florida

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

5.20. 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.

5.21. 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.

5.22. 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 with, prior to or after any delivery of material or service. Any violation of this provision will result in the immediate cancellation of any contract and removal from the bidder’s list.

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.

5.23. Conflict of Interest

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.

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.

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

5.24. 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.

5.25. Entire Agreement

This Invitation to 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.

5.26. Assignment

Vendor shall not transfer or assign or subcontract the performance required by the ITB without the prior written consent of the

City. Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written approval of the City Manager or selected designee.

5.27. 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:

1. Termination for Cause

The City may terminate the Contract immediately if the User Department 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 Procurement Manager 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.

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…