Active SLED Opportunity · FLORIDA · CITY OF BARTOW, FL
AI Summary
City of Bartow, FL seeks bids for utility relocation including water and wastewater line vertical relocations, removals, and installations for the Polk Parkway extension project near SR60. The project requires compliance with FDOT permits, safety, and environmental regulations. Bids due July 1, 2026.
The City of Bartow is seeking bids from qualified and experienced contractors to provide all necessary labor, materials, equipment, supplies, and supervision to complete utility relocation work associated with the SR-570B Phase II / SR 60 Utility Relocates project. The project generally includes the vertical relocation of existing water and sanitary sewer force main facilities, removal of existing utility piping, installation of new piping and appurtenances, connections to existing facilities, restoration, testing, and all related construction activities necessary to provide a complete and functional project. The awarded Contractor will comply with all applicable federal, state, and local laws, regulations, codes, permits, and project requirements.
FDOT is requiring the City of Bartow to relocate water and wastewater utilities due the construction of the Polk Parkway extension in the area of SR60 in Bartow Florida.
The City of Bartow is seeking bids from qualified and experienced contractors to provide all necessary labor, materials, equipment, supplies, and supervision to complete utility relocation work associated with the SR-570B Phase II / SR 60 Utility Relocates project. The project generally includes the vertical relocation of existing water and sanitary sewer force main facilities, removal of existing utility piping, installation of new piping and appurtenances, connections to existing facilities, restoration, testing, and all related construction activities necessary to provide a complete and functional project. The awarded Contractor will comply with all applicable federal, state, and local laws, regulations, codes, permits, and project requirements.
The City of Bartow is seeking bids from qualified and experienced contractors to provide all necessary labor, materials, equipment, supplies, and supervision to complete utility relocation work associated with the SR-570B Phase II / SR 60 Utility Relocates project. The project generally includes the vertical relocation of existing water and sanitary sewer force main facilities, removal of existing utility piping, installation of new piping and appurtenances, connections to existing facilities, restoration, testing, and all related construction activities necessary to provide a complete and functional project. The awarded Contractor will comply with all applicable federal, state, and local laws, regulations, codes, permits, and project requirements.
1.1 Contract Documents
1.1.1 The Contract Documents comprise the entire contract between the City and the Contractor.
1.2 Definitions
Whenever used in any of the Contract Documents, the following meaning shall be given to the terms herein:
1.2.1 The term “Addendum” or “Addenda” means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the City to prospective Bidders prior to the time of receiving Bids.
1.2.2 The term “Allowance Authorization Release” means the written pre-approval forms signed by the City Manager or their designee for all allowance work.
1.2.3 The term “Allowance Work” means work that may not have been in the specifications and is deemed by the City to be necessary.
1.2.4 The term “Application for Payment” means the pay request accepted by the Professional and the City which is to be used by the Contractor in requesting progress or final payments that is accompanied by such supporting documentation as is required by the Contract Documents.
1.2.5 The term “Bid Submittal” means the offer or submittal of the Bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed.
1.2.6 The term “Bonds” means the Bid and Public Construction Bond and other instruments of security furnished by the Contractor and its Surety in accordance with the Contract Documents.
1.2.7 The term “Change Order” means any change that requires the City’s approval and either includes a change in the work or a change in the Contract Time.
1.2.8 The term “Construction Change Directive” means any change initiated by the City where a change order has not been agreed to between the City and the Contractor.
1.2.9 The term “Contract” means the Contract executed by the City and the Contractor.
1.2.10 The term “Contractor” means the person, firm or corporation entering into the Contract with the City to construct and install the improvements embraced in this Contract.
1.2.11 The term “Contractor Certification of Disbursement of Previous Progress Payments to Subcontractors and Suppliers” means the form that the Contractor must execute and submit with each Application for Payment certifying that the Contractor has paid all Subcontractors and Suppliers their respective pro rata share of all previous payments (to include payments of retainage) that the City has made to Contractor for Work that has been satisfactorily completed.
1.2.12 The term “Contract Documents” means and shall include the following: Special Conditions, Plans, Drawings, Relocation Schedule Permits, Instruction to Bidders, General Conditions, Exhibits, Supplementary Conditions, Technical Reports, Technical Specifications, Bid Submittal, Bid and Public Construction Bonds, all Addenda issued by the City, Certificates of Insurance, Permits, Notice of Award, Allowance Authorization Release Form, Change Order Form, Substantial Completion Form and Final Completion Form duly delivered after execution of Contract.
1.2.13 The term “Contract Time”, unless otherwise provided, means the period of time including adjustments by Change Order, allotted in the Contract Documents for substantial completion of the work.
1.2.14 The term “City” means the City of Bartow, FL, and its authorized designees, agents or employees.
1.2.15 The term “Day” may be either a working day or a calendar day as defined in the bid documents. When the Contract Time is specified as calendar days, workdays will be established in the supplementary conditions. Workdays are defined as those days of the week and hours of the day that the Contractor may perform the scope of work defined in the Bid Document. If a workday day shall fall on a City Holiday that day shall be omitted from the computation of days for Contract Time. City Holidays are: New Year’s Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve and Christmas Day, all as adopted by the Board of City of Bartow Commissioners.
1.2.16 The term “Drawings” means the Drawings or plans listed in Part F.
1.2.17 The term “Effective Date of the Contract” means the date on which the contract has been approved by the Board and executed by the Chairman of the Board.
1.2.18 The term “Field Order” means a written direction to the Contractor from the Professional that modifies Drawings and Specifications without changing Contract Price or Contract Time.
1.2.19 The term “Free on Board” (FOB) means the cost of the goods including the shipment to the job site.
1.2.20 The term “Good Faith Efforts” means documented efforts to secure the participation of women and/or minority-owned subcontractors utilizing available resources to assist Bidder.
1.2.21 The term “Lump Sum” means that portion of the total contract amount that is fixed as a result of the amount of the bid submitted by the Contractor. If there is no “Allowance for Work” this amount is the total Contract amount. If there is an “Allowance for Work” then the bid price and the amount of the “Allowance for Work” becomes the total Contract amount.
1.2.22 The term “Not to Exceed” means that portion of the total Contract amount described as “Allowance for Work” that along with the amount of the bid submitted by the Contractor becomes the total Contract amount. Changes in the Work submitted by the Contractor that are eligible and approved for funding from the “Allowance for Work” shall not exceed the amount provided a “Allowance for Work” either in a single request or cumulative during the performance of the Work.
1.2.23 The term “Notice of Award” means the written notice issued by the City to the successful bidder.
1.2.24 The term “Notice to Proceed” means a written notice issued by the Purchasing Department to the Contractor fixing the date on which the Contract Time will commence, and the Contractor shall start to perform the obligations under the Contract Documents, unless otherwise specified in the Notice to Proceed. The actual Start Date shall be within ten (10) days of Notice to Proceed date or when all applicable permits have been secured, unless otherwise stated.
1.2.25 The term “Professional” means the architectural/engineering firm or individual retained by the City or in-house designated person designated to perform the design and/or resident engineering services for the Work. The Professional can also serve as the Project Manager.
1.2.26 The term “Project Area” means the area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract.
1.2.27 The term “Project Manager” means the City representative in charge, employed by the City, for the purpose of directing or being in charge of the work embraced in this Contract.
1.2.28 The term “Purchasing or Financial Serivces Manager” means the Manager of the City of Bartow Purchasing Department or their authorized representatives.
1.2.29 The term “Start Date” means the date of commencement of the work.
1.2.30 The term “Subcontractor” means a person or entity who has a direct contract with the Contractor to perform a portion of the Work, to include a person or entity who provides equipment to support completion of the Work under an equipment-rental agreement.
1.2.31 The term “Supplier” means a person or entity that furnishes materials or equipment that is incorporated into the Work or that is stockpiled within the Project Area or a nearby vicinity for which the City has made partial payment.
1.2.32 The term “Technical Reports” means the reports issued by the City or the Project Manager consisting of written technical material such as soil reports.
1.2.33 The term “Work” means the entire completed construction, or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor; furnishing and incorporating material and equipment in the construction; performing or furnishing services; and furnishing documents, all as required by the Contract Documents.
| ITB-CON Solicitation Issued: | May 27, 2026 |
| Question Submission Deadline: | June 23, 2026, 4:00pm |
| Bids Due: | July 1, 2026, 2:00pm |
A purchasing preference shall be afforded to local vendors in accordance with the following criteria:
The term BUSA vendor mean any business whose commercial activities have been regularly transacted from a physical location within the boundaries of the City of Bartow Utility Service Area (BUSA) for a period of at least six months, including the date of quote or bid award.
A local vendor preference shall not be afforded in any quote or bid award where it is precluded by law, administrative rule, policy, regulation, or related funding agreement.
FDOT is requiring the City of Bartow to relocate water and wastewater utilities due the construction of the Polk Parkway extension in the area of SR60 in Bartow Florida.
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.
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.
Liquidated damages of $1,000/day shall be assessed for failure to meet Substantial Completion.
Liquidated damages of $500/day shall be assessed for failure to meet Final Completion.
Calculations of Liquidated Damages
The parties hereto agree that liquidated damages, in lieu of actual damages for delay, in the amount of $1,000 per day, shall be assessed against the Contractor, as the City’s remedy and not as a penalty, for the Contractor’s failure to meet the agreed upon date of Substantial Completion as outlined within the Notice to Proceed, but only to the extent and in the proportion to Contractor’s fault in causing the delay as compared to other causes, and to the extent the Contractor is not delayed by reasons beyond Contractor’s reasonable control.
After Substantial Completion, liquidated damages, in lieu of actual damages for delay, in the amount of $500 per day, shall be assessed against the Contractor, as the City’s remedy and not as a penalty, for the Contractor’s failure to meet the agreed upon date of Final Completion.
The parties agree that such assessment of liquidated damages is reasonable and appropriate, as it would be difficult or impossible to accurately determine the number of actual damages the City would or may incur because of the Contractor’s failure described above. Should the Contractor request and be granted additional time to reach Substantial Completion or Final Completion via change order(s), the last revised date shall be the date used to calculate the time for which liquidated damages will be assessed.
Liquidated damages for failure to timely attain Substantial Completion and Final Completion are not additive and shall not be imposed concurrently.
1.3.1 Delivery of Bonds
1.3.1.1 When the Contractor delivers the executed Contract to the City, the Contractor shall also deliver to the City such Bonds and insurance as may be required in accordance with these Contract Documents.
1.3.2 Copies of Documents
1.3.2.1 After the award of the Contract, the City shall furnish the Contractor, one set of Contract Documents for execution of the work.
1.3.3 Commencement of Contract Time; Notice to Proceed
1.3.3.1 The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the execution of the Contract by the City of Bartow the Board of City Commissioners and after a pre-construction meeting, if applicable.
1.3.4 Starting the Work
1.3.4.1 The Contractor shall begin the Work on the start date established. No work shall be done prior to the date on which the Contract Time commences. Any work performed by the Contractor prior to the date on which Contract Time commences shall be at the sole risk of the Contractor.
1.3.5 Before Construction Starts
1.3.5.1 Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents; check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report, in writing, to the Professional and the City any conflict, error, ambiguity or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Professional before proceeding with any Work affected thereby. The Contractor shall be liable to the City for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, if the Contractor knew or reasonably should have known thereof.
1.3.5.2 Prior to the Notice to Proceed (unless otherwise specified in the General Requirements), the Contractor shall submit to the Professional and the City for review and ultimate approval the following:
1.3.5.2.1 A preliminary schedule of the required shop drawings and submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal.
1.3.5.2.2 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price. The schedule of values should subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction with sufficient breakdown of lump sum prices to identify items of work. Such amounts will include an appropriate amount of overhead and profit applicable to each item of work. A copy of the schedule of values, with the appropriate bid number and the appropriate W/MBE classification in accordance with Section 16.1.2. shall be sent to the Purchasing Department, 450 N. Wilson Ave, Bartow, Florida 33830.
1.3.5.2.3 A construction schedule acceptable to the Professional and the City that clearly shows in graphic form the Work from start to finish describing in sufficient detail the minor and major tasks that in the course of their completion or the failure thereof will impact the Contractor’s ability to complete the Work within the contract time. This schedule shall be updated and accompany every application for payment submitted. Should the updated schedule show any portion of the Work to be behind, the Contractor shall submit with the updated schedule a detailed recovery plan. This updated construction schedule shall be reviewed and approved by the Professional or the City at the time of a construction progress meeting that coincides with the submission of the progress application for payment. Failure to submit this recovery plan with the updated schedule will cause the application for payment to be rejected until such time the recovery plan is submitted.
1.3.5.3 Prior to the effective date of the Contract, the Contractor shall deliver to the City, with copies to each additional insured identified in the Supplementary Conditions, an original certificate of insurance (and other evidence of insurance which the City may reasonably request) which the Contractor is required to purchase and maintain in accordance with Section 1.6.
1.3.5.4 Before any Work at the site is started, a conference attended by the Contractor, Project Manager, Procurement Representative, Professional and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 1.3.5.2, procedures for handling shop drawings and other submittals, processing applications for payment and maintaining required records. Unless otherwise provided in the Contract Documents, the schedules submitted in accordance with 1.3.5.2, the Contractor shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to the Contractor until the schedules are submitted to and deemed acceptable by the Professional as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time; but such acceptance will neither impose on the Professional responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the Contractor from the Contractor’s full responsibility. The Contractor’s schedule of shop drawings and submittals will be acceptable to the Professional as providing a workable arrangement for reviewing and processing the required Submittals. The Contractor’s schedule of values shall be approved by the Professional and the City as to form and substance.
1.3.5.5 The Contractor, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating the schedule. Schedule updates shall include progression of work as compared to scheduled progress of work. SCHEDULE UPDATES MUST ACCOMPANY EACH PAY REQUEST.
The City reserves the right to direct purchase any tangible personal property item of the bid in order to save the sales tax on the selected item, which may include equipment, materials, and supplies that are components of a construction bid, but generally will purchase only major items. When the City exercises this option for the following procedures shall be used for ordering, receiving, and paying for the Owner Direct Purchase (ODP) item.
Bid Prices
The bid must include the appropriate Florida State sales tax for all components of the bid that makes up the lump sum amount submitted.
Ordering
The items selected would be purchased directly from the suppliers the contractor used to submit their bid to the City and therefore made a part of the construction contract executed with the City.
The Contractor shall fully cooperate with the City, providing information for the preparation of City issued purchase orders for these ODP’s, monitoring deliveries, and approving invoices.
Following receipt of a sales tax savings form, the Contractors requisition from the supplier and the suppliers quote to the Contractor, the City will issue a purchase order to the supplier for the item selected for ODP to be delivered to the project site. The approved purchase order will be sent to the supplier and the Contractor. The Contractor shall verify that the purchase order was issued correctly. A separate sales tax savings form, and a separate purchase order shall be used for each item selected for ODP.
After the City has affirmed that the items contained in the purchase order meet the exemption requirements contained in Section 212.08(6), Florida Statute, and Rule 12A-1.094, Florida Administration Code, the City will issue a Certificate of Entitlement. A Certificate of Entitlement will be issued with each purchase order for each ODP. The original Certificate of Entitlement accompanied by the City approved purchase order, the Contractors requisition to the supplier and the suppliers quote for the selected ODP item will be placed on file with the Florida Department of Revenue. The Contractor and supplier will be issued copies from the City.
Expediting
The Contractor shall be responsible for expediting delivery to ensure that ODP item(s) is received on time to maintain the construction schedule.
Receipt
The Contractor shall sign for and receive all materials; and retain packing slips and delivery tickets for all materials delivered for the project. The Contractor shall be responsible for receiving, warranting, ensuring the proper installation and operation of all materials and equipment required for the project, including all ODP items
Billing/Payments
All ODP’s shall be billed to the City via the Contractor. The Contractor shall check all invoices for accuracy and completeness when received. The Contractor shall be responsible for immediately notifying the supplier of any billing errors and requesting corrected invoices as necessary. Receipts and invoices must be processed in a timely manner in order to take advantage of any discount payment terms, and all discounts shall accrue to the City. The Contractor shall prepare a direct purchase report for the City upon submittal of each pay request.
Other Considerations
The selection of ODP for any item contained within the bid does not relieve the Contractor from liability for that item as it may be related to the quantity ordered, condition, the maintenance and care of the item when delivered, installation, incorporation of the item for its intended use in the work to be performed, and warranty of the item in accordance with the contract documents. The Contractor shall maintain products liability insurance, which shall include ODP items, as required for the normal practice of general contracting.
The City shall have access to all necessary records in order to conduct audits to determine the correctness and accuracy of any item purchased in accordance with these provisions.
Reduction
The Contract will be reduced via deductive change order by the amount of all items selected by the City for the ODP’s. The deductive change order will require Department Head approval.
The Contract Time is as follows: 180 CALENDAR DAYS
The contract time for this project is 150 calendar days from Notice to Proceed to reach Substantial Completion and 30 calendar days from Substantial Completion for Final Completion.
Completion of the contract will have been achieved once Final Completion has been reached and all final documentation, including final application for payment, has been received and processed.
Bid must contain an original signature of an authorized representative in the space provided on the signature page. Bid must be typed or printed in black ink. Erasable ink is not permitted. Corrections made by the bidder to any bid entry must be initialed by the person who signs the bid.
1.4.1 Precedence
1.4.1.1 The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Laws of the State of Florida; Venue shall be Polk County.
1.4.1.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any work, material or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe the Work, material or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the drawings and specifications shall be issued by the Professional.
1.4.1.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 1.4.3.1 or 1.4.3.2, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
1.4.1.4 Reference to standards, specifications, manuals or codes of any technical society, organization or associations, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, version, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.
1.4.2 Conflicts
1.4.2.1 If, during the performance of the Work, the Contractor discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 1.7.2, the Contractor shall report it to the Professional and Project Manager in writing at once; and the Contractor shall not proceed with the Work affected thereby (except in an emergency as authorized by 1.7.13) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in 1.4.3.1 or 1.4.3.2; however, the Contractor shall not be liable to the City for failure to report any such conflict, error, ambiguity or discrepancy unless the Contractor knew or reasonably should have known.
1.4.2.2 No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of the City, Contractor or Professional, or any of their subcontractors, Contractors, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the City, Professional or any of the Professional’s Contractors, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of 1.10.7.1 or any other provision of the Contract Documents.
1.4.3 Amending
1.4.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions to the Work by a Change Order or an Allowance Authorization.
1.4.3.2 In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized by a Field Order or the Professional’s written interpretation or clarification.
1.4.4 Reuse of Documents
1.4.4.1 The Contractor, any Subcontractor, Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the City shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the Professional or the Professional’s Contractor; and shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the City and specific written verification or adaption by the Professional.
1.5.1 Availability of Lands
1.5.1.1 The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the Contractor. Upon reasonable written request, the City shall furnish the Contractor with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed. The City shall identify any encumbrances or restrictions not of general application, but specifically related to use of lands so furnished with which the Contractor will have to comply in performing the Work. Necessary easements or rights-of-way will be obtained and expenses will be borne by the City. If the Contractor and the City are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Time as a result of any delay in the City’s furnishing these lands, rights-of-way or easements, the Contractor may make a claim therefore as provided in Sections 1.12 and 1.13. The Contractor shall provide for all additional lands and access, which includes access by City personnel thereto that may be required for temporary construction facilities or storage of material and equipment.
1.5.2 Subsurface and Physical Conditions
1.5.2.1 Reference is made to the Supplementary Conditions for identification of those reports of exploration and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents.
1.5.3 Limit Reliance by Contractor Authorized Technical Data
1.5.3.1 The Contractor may rely upon the general accuracy of the “technical data” contained in reports and drawings provided by the City. Such “technical data” is identified in the Supplemental Conditions. Except for said reliance on such “technical data,” the Contractor may not rely upon or make any claim against the City, Professional or any of the Professional’s Contractors with respect to:
1.5.3.1.1 the completeness of these reports and drawings for the Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by the Contractor and safety precautions and programs incident thereto; or
1.5.3.1.2 other data, interpretations, opinions and information contained in said reports or shown or indicated in said drawings; or
1.5.3.1.3 any Contractor interpretation of or conclusion drawn from any “technical data” or any such data, interpretations, opinions or information.
1.5.4 Unknown or Concealed Conditions
1.5.4.1 If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the Contractor shall give the City notice, through the Professional, immediately before conditions are disturbed and in no event no later than 24 hours after first observance of the conditions.
1.5.4.2 The Project Manager and the Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, the Project Manager and the Professional shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and the Professional determine that the conditions at the site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the Professional shall notify the Contractor of the determination in writing. The Work shall be performed after the Professional provides direction.
1.5.5 Physical Conditions – Underground Facilities
1.5.5.1 The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the City or the Professional by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:
1.5.5.1.1 The City and the Professional shall not be responsible for the accuracy or completeness of any such information or data; and
1.5.5.1.2 The cost of the following will be included in the Contract Price and the Contractor shall have full responsibility for (i) reviewing and checking all such information and data; (ii) locating all Underground Facilities shown or indicated in the Contract Documents; (iii) coordination of the Work with the owners of such Underground Facilities during construction; and (iv) the safety and protection of all such Underground Facilities as provided in 1.7.11 and repairing any damage resulting from the Work.
1.5.5.2 If an Underground Facility is uncovered or revealed at or continuant to the site which was not shown or indicated in the Contract Documents, the Contractor shall, promptly after becoming aware of and before further disturbing conditions affected by or performing any Work in connection therewith (except in an emergency as required by 1.7.13), identify the owner of such Underground Facility and give written notice to that owner and to the City through the Professional. The Project Manager and the Professional will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If the Project Manager concludes that a change in the Contract Documents is required, a Change Order will be issued as provided in Section 1.11 to reflect and document such consequences. During such time, the Contractor shall be responsible for the safety and protection of such Underground Facility as provided in 1.7.11. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that the Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If the City and the Contractor are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Time, the Contractor may make a claim therefore as provided in Sections 1.12 and 1.13. However, the City and the Professional shall not be liable to the Contractor for any claims, costs, losses or damages incurred or sustained by the Contractor on or in connection with any other project or anticipated project.
1.5.6 Reference Points
1.5.6.1 The City shall provide the Contractor surveys to establish reference points for construction, which in the City’s judgment are necessary to enable the Contractor to proceed with the Work. The Contractor shall be responsible for laying out the Work; shall protect and preserve the established reference points; and shall make no changes or relocation without the prior written approval of the City. The Contractor shall report to the Professional whenever any reference point is lost or destroyed or requires relocation of such reference points by professionally qualified personnel.
1.5.7 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material
1.5.7.1 The City shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive material or any hazardous material uncovered or revealed at the site which was not shown or indicated in drawings or specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The City shall not be responsible for any such material brought to the site by the Contractor, Subcontractor, Suppliers or anyone else for whom the Contractor is responsible.
1.5.7.2 The Contractor shall immediately:
(i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 1.7.13); and
(ii) notify the City and the Professional (and thereafter confirm such notice in writing).
The City shall promptly consult with the Professional concerning the necessity for the City to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. The Contractor shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after the City has obtained any required permits related thereto and delivered to the Contractor special written notice
(i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work; or
(ii) specifying any special conditions under which such Work may be resumed safely.
If the City and the Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result of such work stoppage or such special conditions under which Work is agreed by the Contractor to be resumed, either party may make a claim therefore as provided in Sections 1.12 and 1.13.
1.5.7.3 If, after receipt of such special written notice, the Contractor does not agree to resume such work based on a reasonable belief it is unsafe or does not agree to resume such work under such special conditions, then the Contractor may order such portion of the work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If the City and the Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result of deleting such portion of the Work, then either party may make a claim therefore as provided in Articles 12 and 13. The City may have such deleted portion of the Work performed by the City’s own forces or others in accordance with Section 1.8.
1.5.7.4 The provisions of 1.5.2 and 1.5.5 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site.
The Contractor will complete the SR-570B Phase II / SR 60 Utility Relocates project in accordance with the solicitation documents, plans, permits, and technical specifications. The Contractor will be responsible for all labor, materials, equipment, supervision, coordination, testing, permitting, restoration, and related construction activities necessary to provide a complete and functional project, except for permits obtained by the City.
The Contractor will be responsible for the following:
Associated project requirements include trench safety, traffic control, construction stake-out, dewatering, sheeting, restoration, as-built drawings, paving bonds, insurance, supervision, and all other related project activities necessary to complete the project.
The Contractor will coordinate construction activities with the City, Engineer, FDOT, and other applicable agencies as required. The Contractor will limit construction activities to the areas within the project limits and will be responsible for obtaining any additional sites or staging areas needed for construction at no additional cost to the City.
The Contractor will coordinate any required shutdowns or interruptions of existing facilities with the City. If City-owned facilities are disrupted, the Contractor will work continuously to restore proper operations. The Contractor will maintain access to adjacent public and private properties and will schedule construction activities to minimize disruption to traffic, adjoining facilities, and surrounding properties.
The City has obtained, or will obtain, the FDOT Utility Permit for the project. The applicable permit information is as follows:
Permit: FDOT Utility Permit
Permit No.: 2025-H-190-00242
Date Issued: July 29, 2025
Issuing Agency: Florida Department of Transportation
The Contractor will comply with all conditions of the FDOT Utility Permit and any other applicable permits, approvals, laws, regulations, and project requirements. The Contractor will also be responsible for applicable NPDES Stormwater Program requirements, including preparation of the Stormwater Pollution Prevention Plan, filing of the Notice of Intent with FDEP, payment of associated permit fees, maintenance of erosion control devices, and submission of required copies to the City and Engineer.
Additional technical specifications and project requirements are included in Appendix A- Supplemental Information.
**Please note, if there is any conflict between the main solicitation document and Appendix, the main solicitation document will control. This includes, but is not limited to, bid submission instructions, required forms, contract terms, insurance requirements, bonds, pricing table requirements, procurement procedures, and communications with the City.
Submittal may be withdrawn by notifying the City, in writing, at any time prior to the deadline for bid submittal. After the deadline, the bids become a record of the City and will not be returned to the Contractor unless the bid is cancelled. It is the responsibility of the Contractor to make a written request for return of the Bid Submittal after notification of cancellation. Absent this written request, the City shall destroy the submittal. Negligence on the part of the Contractor in preparing their Bid Submittal confers no right of withdrawal or modification of their Bid Submittal after such Bid Submittal has been opened by City Staff at the appointed time and place. Bid Submittals and any bid security shall be in force for a period of not less than ninety (90) calendar days after the bid opening time.
At the time and place specified for the opening of Bid Submittals (see above), every Bid Submittal properly delivered within the time specified for receiving Bid Submittals will be opened and publicly read aloud, irrespective of any irregularities found therein. Bidders and other people interested may be present or represented.
1.6.1 Public Construction Bond and Other Bonds
1.6.1.1 The Contractor shall furnish a Performance Bond and a Payment Bond, in an amount equal to the amount recommended for award and, if called out in the contract, the allowance amount, as security for the faithful performance and payment, respectively, of all the Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Laws or Regulations or by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as otherwise provided by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and A.M. Best rated AVIII or better.
1.6.1.2 The Contractor shall be required to furnish additional coverage for added work. The surety is required to increase the amount of the bond in the same amount of one or more change orders.
1.6.1.3 The bonds required by the Contract Documents to be purchased and maintained by the Contractor shall be obtained from a surety that is duly licensed or authorized in the State of Florida to issue bond for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety shall also meet such additional requirements and qualifications as may be provided in the Supplementary conditions.
1.6.1.4 If the surety on any bond furnished by the Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in any state or it ceases to meet the requirements of 1.6.1.1, the Contractor shall within ten (10) work days thereafter substitute another bond and surety, both of which must be acceptable to the City.
1.6.2 Certificate of Insurance
1.6.2.1 All insurance required by the Contract Documents to be purchased and maintained by the Contractor shall be obtained from an insurance company that is duly licensed or authorized in the State of Florida to issue insurance policies for the limits and coverages so required. Such insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions.
1.6.2.2 The Contractor shall deliver to the City, with copies to each additional insured identified in 1.6.3.1, certificates of insurance (and other evidence of insurance requested by the City or any other additional insured) which the Contractor is required to purchase and maintain in accordance with 1.6.3.1.
1.6.3 Contractor’s Liability Insurance
1.6.3.1 Certificate of Insurance, Workers’ Compensation, and endorsements evidencing the types of insurance and coverage required in this Section shall be furnished within three 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 an additional insured, except for Workers’ Compensation. ChastainSkillman | DCCM shall also be named as an additional insured on the Commercial General Liability, Commercial Automobile Liability, Umbrella or Excess Liability, and Contractor’s Pollution Liability policies, as applicable. The Successful Bidder shall, at minimum, provide, pay for, and maintain in force during this project the following insurance:
WORKERS’ COMPENSATION:
Workers’ Compensation: Statutory limits required by the State of Florida.
Applicable Federal Workers’ Compensation, including United States Longshore and Harbor Workers’ Compensation Act, if applicable: Statutory limits.
Jones Act coverage, if applicable:
Bodily injury by accident, each accident: $500,000.
Bodily injury by disease, aggregate: $1,000,000.
Employer’s Liability:
Each accident: $500,000.
Each employee: $1,000,000.
Policy limit: $2,000,000.
COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:
(Contractor/Vendor) shall maintain Commercial General Liability insurance written on an occurrence form with limits not less than the following:
General Aggregate: $2,000,000.
Products and Completed Operations Aggregate: $1,000,000.
Bodily Injury and Property Damage, Each Occurrence: $1,000,000.
Fire Damage Liability: $1,000,000.
Commercial General Liability insurance shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage, personal injury, advertising injury, and property damage resulting from explosion, collapse, and underground exposures. Products and completed operations coverage shall be maintained for three years after final payment.
COMMERCIAL AUTOMOBILE LIABILITY INSURANCE:
(Contractor/Vendor) shall maintain Commercial Automobile Liability insurance with limits not less than $1,000,000 combined single limit for bodily injury and property damage. Such insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos. The policy shall be endorsed to provide contractual liability coverage.
UMBRELLA OR EXCELL LIABILITY INSURANCE:
(Contractor/Vendor) shall maintain Umbrella or Excess Liability insurance written over the underlying Employer’s Liability, Commercial General Liability, and Commercial Automobile Liability policies. Coverage shall be at least as broad as the underlying policies and shall include limits not less than the following:
Each Occurrence: $2,000,000.
General Aggregate: $2,000,000.
UMBRELLA OR EXCELL LIABILITY INSURANCE:
(Contractor/Vendor) shall maintain Contractor’s Pollution Liability insurance covering third-party bodily injury, property damage, and cleanup costs resulting from pollution conditions arising from the Contractor’s operations and completed operations. This insurance shall be maintained for not less than three years after final completion and shall include limits not less than the following:
Each Occurrence/Claim: $1,000,000.
General Aggregate: $2,000,000.
EVIDENCE OF INSURANCE:
The (Contractor/Vendor) shall furnish the City of Bartow with Certificates of Insurance. The Certificates shall be signed by a person authorized by the insurer to bind coverage on its behalf, and coverage shall be obtained from a carrier having an A.M. Best Rating of A-VII or better, unless otherwise approved by the City. The City of Bartow shall be specifically included as an additional insured on all policies except Workers’ Compensation. ChastainSkillman | DCCM shall also be included as an additional insured where required by this Section. In the event the insurance coverage expires prior to completion of the project, a renewal certificate shall be issued 30 days prior to the 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 commencement of any construction activities.
1.6.3.2 The City should be named as an additional insured on the Contractor’s policy, with an appropriate waiver of subrogation as to any claims the Contractor or the Contractor’s insurer may have against the City arising from the storage of the Contractor’s tools and equipment.
1.6.3.3 The Contractor shall not allow a Subcontractor to work on a project without either the Subcontractor carrying their own Workers’ Compensation and Liability insurance or the Contractor covering the Subcontractor under their policies. The policy is the same for each succeeding sub-tier contractor. The City may request proof of such coverage for any Subcontractor at any time during the project.
1.6.3.4 Any additional insurance, if required, will be called out in the Supplementary Conditions.
1.6.4 Receipt and Application of Insurance Proceeds
1.6.4.1 Any insured loss under the policies of insurance required by this agreement will be adjusted with the City and made payable to the City as fiduciary for the insured as their interest may appear. The City shall account for all money received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged work shall be repaired or replaced; the money so received applied on account thereof; and the work and cost thereof covered by an appropriate change order or written amendment as determined by the City.
1.6.4.2 The City as fiduciary has the power to adjust and settle any loss with the insurers. If such objection is made, the City as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties and interests may reach. If no such agreement among the parties and interests is reached, the City as fiduciary shall adjust and settle the loss with the insurers.
1.6.5 Indemnification
1.6.5.1 The Contractor shall indemnify, defend (by counsel reasonably acceptable to City) and hold harmless the City and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses and expenses, including attorney fees, including, but not limited to or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss or expenses (a) is attributable to bodily injury, personal injury, sickness, disease or death or injury to or destruction of tangible property, including the loss of use resulting therefrom; and (b) is caused in whole or in part by an act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder.
1.6.5.2 In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensations or benefits payable by or for the Contractor or any Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.
1.6.5.3 The Contractor shall indemnify and hold harmless the City and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses or expenses (including attorney fees) arising out of any infringement of patent or copyrights held by others; and shall defend all such claims in connection with any alleged infringement of such rights.
Supplementary Conditions, Special Conditions, Plans, Drawings, Instructions to Bidders, the Conditions of the Contract, Exhibits, the Bid Submittal, Technical Specifications, any resulting addenda issued, and the Contract together therein identified constitute the entire “bid package” and upon award shall constitute the Contract Documents concerning this present bid matter.
The following documents, collectively, comprise the “Bid Submittal” which, when tendered, on or before the Bid due date and time, must include:
Bidders must meet the following minimum qualifications to be considered responsive and responsible:
1.7.1 Supervision and Superintendence
1.7.1.1 The Contractor shall provide at all times when the Work is being executed a competent superintendent to supervise and direct the Work in accordance with the Contract Documents. Prior to the commencement of the Work the Contractor shall provide a resume of the superintendent that will be assigned the responsibility to supervise the Work. If in the judgment of the City the proposed superintendent lacks the experience, skills and expertise to competently and efficiently supervise and direct the Work, then the City may require the Contractor to assign a different superintendent and the Contractor will be required to submit the resume of the replacement for the same consideration as before. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but the Contractor shall not be responsible for the negligence of others in the design or specifications of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. The Contractor shall be responsible for ensuring that the completed Work complies accurately with the Contract Documents.
1.7.1.2 The Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to the City, through the Professional, except under extraordinary circumstances. The superintendent will be the Contractor’s representative at the site and shall have authority to act on behalf of the Contractor. All communications with the superintendent shall be as binding as if given to the Contractor.
1.7.2 Labor, Material and Equipment
1.7.2.1 The Contractor shall provide and pay for competent, suitable, qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order on the site.
1.7.2.2 The Contractor shall furnish and pay for all material, equipment, labor, transportation, construction equipment machinery, tools, appliances, fuel, power, light, heat, telephone, water facilities, sanitary facilities, all other facilities and all other incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents.
1.7.2.3 All material and equipment shall be new and of good quality, except as otherwise provided in the Contract Documents. If required by the Professional, the Contractor shall furnish satisfactory evidence as to the kind and quality of material and equipment.
1.7.2.4 All material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processor, except as otherwise provided in the Contract Documents.
1.7.3 Substitute Material or Equipment
1.7.3.1 If the Contractor wishes to furnish or use a proposed substitute after the award of the Contract, it shall within thirty (30) calendar days after Notice to Proceed make written application to the Professional and the Project Manager for consideration of such substitute, certifying in writing that the proposed substitute: will perform adequately the duties imposed by the general design; be similar and of equal substance or quality to that specified; and be suited to the same use and capable of performing the same function as that specified. No substitute shall be ordered or installed without the prior written approval of the Professional. The application shall also contain an itemized estimate of all costs that may result directly or indirectly from acceptance of such substitute, including costs of redesign, delays, maintenance and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager and the Professional in evaluating the proposed substitute. Approval of any change in costs or schedule as a result of acceptance of the substitute by the Professional shall be by Change Order.
1.7.3.2 This paragraph applies to any cost reduction proposal (hereinafter referred to as a Value Engineering Change Proposal or VECP) initiated and developed by the Contractor for the purpose of refining the Contract Documents so as to contribute to design cost effectiveness or significantly improve the quality of the end result. VECPs must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. The Contractor must state that they are submitting a VECP proposal. The VECP shall be submitted to the City through the Professional. The City reserves the right to reject, at their discretion, any VECP submittal. As a minimum, the following information shall be submitted by the Contractor with each VECP:
• A description of the difference between the existing contract requirement and the proposed change;
• The comparative advantages and disadvantages; and
• Separate detailed cost estimates for both the existing contract requirement and the proposed change.
If a VECP is approved by the City, the Contractor may be entitled to share in the savings up to fifty percent (50%).
1.7.4 Concerning Subcontractors
1.7.4.1 The Contractor shall be fully responsible for all acts and omissions of their Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent as if they were employed by the Contractor. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The City may furnish to any Subcontractor, to the extent practical, evidence of amounts paid to the Contractor for specific Work done.
1.7.4.2 The Contractor shall identify and provide information on Subcontractors, Suppliers and other persons or organizations which shall be used by the Contractor, in accordance with requirements of the Contract Documents.
1.7.4.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing work among Subcontractor or delineating the Work to be performed by any specific trade.
1.7.4.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents, including but not limited to the General Conditions and Supplementary Conditions, for the benefit of the City.
1.7.4.5 All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance, except such rights as they may have to the proceeds of such insurance held by the City as trustee. The Contractor shall pay each Subcontractor an appropriate amount, determined by the value of the Work, of any insurance monies received by the Contractor under this insurance.
1.7.5 Patent Fees and Royalties
1.7.5.1 The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. The Contractor shall indemnify and hold harmless the City and its employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents.
1.7.6 Permits
1.7.6.1 The Contractor shall obtain and pay for all construction permits, licenses, governmental charges, inspection fees and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs and public utility charges shall not be included in the base bid. Permit fees, if any, will be reimbursed to the Contractor on a separate invoice. Permits, if any, that are provided and paid for by the City, are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only; however, no damages or additional compensation for delay will be allowed.
1.7.7 Laws and Regulations
1.7.7.1 The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that any of the Contract Documents are contradictory to such laws, rules and regulations, it will notify the Professional promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If the Contractor performs any Work that they know or should have known to be contrary to such laws, ordinances, rules and regulations and without such notice to the Professional, the Contractor shall bear all related costs.
1.7.8 Taxes
1.7.8.1 The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by the Contractor in accordance with the Laws and Regulations of the place of the project which are applicable during the performance of the Work.
1.7.9 Use of Premises
1.7.9.1 The Contractor shall confine their equipment, storage of material, storage of equipment and the operations of their workers to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents. The Contractor shall not unreasonably encumber the site with material and equipment. Any loss or damage to the Contractor’s or any Subcontractor’s equipment is solely at the risk of the Contractor.
1.7.9.2 During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste material, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work, the Contractor shall remove all waste material, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus material. The Contractor shall leave the site clean and ready for occupancy by the City at substantial completion of the Work. The Contractor shall restore to original condition all property so designated for alteration by the Contract Documents.
1.7.9.3 The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure. The Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger them.
1.7.10 Record Documents
1.7.10.1 The Contractor shall keep at the site and in good order one record copy of the Contract Documents to include all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to the Professional and the Project Manager for their review. Upon completion of the requirements of the Contract Documents the Contractor shall turn over these annotated documents to the City unless instructed otherwise in the Supplementary Conditions.
1.7.11 Safety and Protection
1.7.11.1 The Contractor shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to:
1.7.11.1.1 All employees on the Work and other persons who may be affected by it.
1.7.11.1.2 All the Work and all material or equipment to be incorporated, whether in storage on or off the site. The Contractor shall assume all risk of loss for stored equipment or material, irrespective of whether the Contractor has transferred the title of the stored equipment or material to the City.
1.7.11.1.3 Other property at the site or adjacent to it, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.
1.7.11.2 The Contractor is responsible for observing all OSHA regulations and shall self-inspect to ensure this is accomplished. The Contractor shall ensure that all personnel are properly trained and shall be able to provide documentation for their personnel that have attended training courses. Examples of such training courses are: Hazard Communications, Traffic Work Zone Safety, Personal Protective Equipment, First Aid/CPR, Permit Required Confined Space, Lock Out/Tag Out of Hazardous Energy. The Contractor is required to comply with OSHA Standards regardless of the number of employees they may have.
1.7.11.3 A City representative may periodically monitor work site safety. Should there be safety and/or health violations, classified as Serious, Willful or Criminal/Willful Violations, the City’s representative may have the authority, but not the duty, to require the Contractor to correct the violation in an expeditious manner. Inspections shall be based on requirements contained in law. The definitions of serious, willful and criminal/willful violations are as follows:
Serious Violation: A serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists; or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation.
Willful Violation: May exist where evidence shows that the employer committed an intentional and knowing violation of the Act.
Criminal/Willful Violation: A repeat violation of a previously cited willful violation.
Violation of Serious, Willful or Criminal violation may have the following consequences:
First violation:
The correction may be a verbal warning and the correction shall be done the same day. Written documentation may be maintained by the City.
Second violation:
May result in work stoppage until the violation is corrected. The work stoppage shall not entitle the Contractor to additional contract time or compensation. Liquidated damages provision will remain in full force and effect.
Third violation:
This may constitute a breach of contract for safety violations and may result in termination of the contract, at the sole discretion of the City.
Note: A representative of the City may stop any job to ensure the safety of all concerned.
1.7.11.4 Should the work site be in a hazardous area, the City may furnish the Contractor with information concerning hazards such as types or identification of known toxic material, machine hazards, Material Safety Data Sheets or any other information that would assist the Contractor in the planning of a safe work site.
1.7.11.5 The Contractor shall be aware that while working for the City, representatives from agencies such as the United States Department of Labor, Occupational Safety and Health Administration (OSHA) are invitees and need not have warrants or permission to enter the work site. These agencies, as well as the City’s Building Official and/or Project Manager, enter at the pleasure of the City.
1.7.11.6 The Contractor shall designate a competent person of its organization whose duty shall be the prevention of accidents at the site. This person shall be the Contractor’s superintendent, unless otherwise designated in writing by the Contractor to the Professional. All communications with the superintendent shall be as binding as if given to the Contractor.
1.7.11.7 Should there be catastrophic injuries, as defined by OSHA, or a fatality on the worksite, the City Project Manager and City Manager, shall be notified immediately. The Contractor shall promptly report by telephone and in writing to a City Representative and Professional all accidents arising out of or in connection with the Work which cause death, personal injury (defined by OSHA as a “lost time” accident), or property damage in excess of $500.00; giving full details and statements of any witnesses. City Representatives are defined as follows: The Department Head or the authorized representative, the department Project Manager and City Building Official. Non-adherence to this policy could be cause for disqualification of the Contractor on future City Projects.
1.7.11.8 Should the City, require the OSHA 300 Log, a written safety and health plan and/or training documents, these documents shall be at this office within 24 hours of the request. Failure to provide the documentation within that time frame may cause the job to be shut down, at no expense to the City, until such documents are received.
1.7.11.9 In any event the City may stop the work when, in the City’s opinion, the work is being performed in violation of any health and safety rules, regulations or laws. This includes environmental issues.
1.7.11.10 When it becomes necessary to stop the work for any of the reasons contained herein, the City shall issue a Stop Work Order to instruct the Contractor to cease work on the project. The City shall not be penalized in any manner as a result of this Stop Work Order.
1.7.12 Drug-Free Workplace Policy
1.7.12.1 The City has a very comprehensive policy to ensure a drug free workplace. The substance of this policy shall become a part of this contract as described below.
1.7.12.1.1 The Contractor and its employees and Subcontractors are strictly prohibited from the following:
Using illegal drugs on City property; Manufacturing, distributing, dispensing, selling, possessing, or using a non-prescribed substance, illegal drug or alcohol, while at work or on or in City property. Reporting for work or performing work under the influence of a non-prescribed substance, illegal drug or alcohol.
1.7.12.1.2 If there is reason to believe that this policy is being violated, the Contractor shall be required to take immediate action to correct the violation and ensure the City that further violations will not occur. The remedy shall, at a minimum, require the person or persons who are the subject of the violation to be banned from the workplace.
1.7.13 Emergencies
1.7.13.1 In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Professional if time or circumstances do not permit, is obligated to prevent or mitigate threatened damage, injury or loss. The Contractor shall give the Professional written notice that the emergency provision has been invoked and shall state the reasons within twenty-four (24) hours of the incident. If the Contractor believes the emergency results in additional Work, a claim for a Change Order may be submitted in accordance with the procedures set forth herein.
1.7.13.1.1 The Contractor shall immediately notify the Professional of all events involving personal injuries to any person on the site, whether or not such person was engaged in the construction of the Project and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) calendar days of the occurrence.
1.7.13.1.2 If the Professional determines that a change in the Contract Documents is required because of the action taken by the Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action.
1.7.14 Submittals and Samples
1.7.14.1 After checking and verifying all field measurements, the Contractor shall promptly submit to the Professional for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of the Contractor and identified as the Professional may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable the Professional to review the submittal as required. At the time of each submission, the Contractor shall give notice to the Professional of all deviations that the submittal or sample may have from the requirements of the Contract Documents.
1.7.14.1.1 The Professional shall review and approve submittals and samples. The Professional’s review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor will make any corrections required by the Professional and resubmit the required number of corrected copies until approved. The Contractor’s stamp of approval on any submittal or sample shall constitute its representation to the Professional and the City that the Contractor has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers and similar data; and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents.
1.7.14.1.2 No Work requiring a submittal or sample submission shall commence until the submission has been approved by the Professional. A copy of each approved submittal and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Professional and the City staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed.
1.7.14.1.3 The Professional’s approval of submittals or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Professional’s attention to each such variation at the time of submission and the Project Manager has given written approval to the specific deviation; any such approval by the Professional shall not relieve the Contractor from responsibility for errors or omissions in the submittal.
1.7.14.1.4 Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by the Professional as required, any related work performed prior to the Professional’s review and approval of the pertinent submittal will be at the sole expense and responsibility of the Contractor.
1.7.15 Clean Up
1.7.15.1 The Contractor shall maintain the site free from accumulations of waste material, rubbish and other debris or contaminates resulting from the work, at a minimum, on a daily basis or as otherwise required. At the completion of the work, the Contractor shall remove all waste material, rubbish and debris from the site as well as all tools, construction equipment, machinery and surplus material; and will leave the site clean and ready for occupancy by the City. All disposals shall be in accordance with applicable laws and regulations. In addition to any other rights available to the City under the Contract Documents, the Contractor’s failure to maintain the site may result in withholding of any amounts due the Contractor. The Contractor will restore to original condition those portions of the site not designated for alteration by the Contract Documents.
1.8.1 The City may perform additional work related to the Project with its own forces or may use other contracts for the execution of additional work. The Contractor shall provide the other contractors who are parties to such contracts, including but not limited to, the other contractor’s employees, agents, Subcontractors and Suppliers (or the City’s forces performing the additional work), reasonable opportunity for the introduction and storage of material and equipment and the execution of work, and shall properly connect and coordinate its work with theirs. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Professional and the others whose work will be affected. The Contractor is not entitled to exclusive use of the site.
1.8.1.1 If any part of the Contractor’s work depends (for proper execution or results) upon the work of any other contractor (or the City), the Contractor will inspect and promptly report to the Professional in writing any defects or deficiencies in the work that renders it unsuitable for the proper execution and results. The Contractor’s failure to report shall constitute an acceptance of the other work, except as to defects and deficiencies which may appear in the other work after the execution of its work.
All additional requested information and Exhibits must be submitted within a reasonable period of time if chosen as the apparent low, responsive and responsible bidder during the Bid Analysis phase. These items include:
Upon Execution of a Contract (Post Notice to Proceed Forms, when or if applicable):
1.9.1 Except as otherwise provided in these General Conditions, the City shall issue all communications to the Contractor through the Professional.
1.9.2 The City shall furnish the data required under the Contract Documents and shall make payments to the Contractor when due as provided in Section 1.15.
1.9.3 The City’s responsibilities for providing lands, easements and engineering surveys to establish reference points are set forth in Section 1.5.
All prices covered by this bid/contract will be inclusive of all cost to the jobsite within the City of Bartow, Florida.
1.10.1 City Representative
1.10.1.1 The Professional shall be a representative of the City during the construction period. The duties, responsibilities and limitations of authority of the Professional as the City’s representative during construction are set forth in these General Conditions.
1.10.2 Visits to the Site
1.10.2.1 The Professional shall make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents.
1.10.3 Clarifications and Interpretations
1.10.3.1 The Professional shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by the Contractor, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation entitles them to an increase in the Contract Price, Contract time, or both, the Contractor may make a claim as provided for in Sections 1.11, 1.12 and 1.13.
1.10.4 Rejecting Defective Work
1.10.4.1 The Professional has the authority to disapprove or reject Work, which is defective. The Professional also has authority to require special inspection or testing of the Work at the Contractor’s expense, as provided in Section 1.14, whether or not the Work is fabricated, installed or completed when the work has been declared defective.
1.10.5 Resident Engineer or Architect
1.10.5.1 The Professional may furnish a full or part-time Resident Engineer or Architect and other personnel to assist them in carrying out services at the site. The duties, responsibilities and limitations of authority of the Resident Engineer or Architect and other personnel are set forth in the Supplementary Conditions, if applicable.
1.10.6 Decisions on Disagreements
1.10.6.1 The Professional shall interpret the requirements of the Contract Documents and determine the acceptability of the Work. If the Contractor disagrees with the Professional’s opinion, the Contractor shall refer claims, disputes and other matters relating to the acceptability of the Work or their interpretation of the requirements of the Contract Documents initially to the Professional in writing with a request for a formal decision. The Professional will render in writing their opinion concerning the Contractor’s request for a formal decision and shall submit same to the Project Manager. After receipt of the Professional’s written opinion and all information requested from the Contractor, the Project Manager shall render a formal decision in writing, which shall then be conveyed to the Contractor by the Professional. Written notice of each claim, dispute and other matter shall be delivered by the Contractor to the Professional within seven (7) calendar days of the occurrence first happening. Written supporting data will be submitted to the Professional within fifteen (15) calendar days after the occurrence unless the Professional allows additional time. If the Contractor fails to strictly comply with these notices and submittal time periods, the Contractor shall be deemed to have waived their right to assert a claim the Contractor might otherwise have had concerning the matter.
1.10.7 Limitation on Professional’s Responsibilities
1.10.7.1 Neither the Professional’s authority to act under this Article or elsewhere in the Contract Documents, nor any decision made in good faith to exercise their authority, shall give rise to any duty or responsibility of the Professional to the Contractor, any Subcontractor, any of their agents or employees.
1.10.7.1.1 The Professional shall not be responsible for the construction means, methods, techniques, sequences, procedures or the safety precautions and programs used. The Professional shall not be responsible for the Contractor’s failure to perform the Work in accordance with the Contract Documents.
1.10.7.1.2 The Professional shall not be responsible for the acts or omissions of the Contractor, any Subcontractors, any agents, employees or any other persons performing any of the Work.
All containers shall be suitable for storage or shipment, and all prices should include standard commercial packaging.
1.11.1 Changes
1.11.1.1 Without invalidating the Contract, the City may at any time order additions, deletions or revisions in the Work. The Professional shall provide the Contractor with a proposal request, identifying the work to be added, deleted or revised. Upon receipt, the Contractor shall promptly submit a written proposal for the changed work prepared in accordance with Sections 1.12 and 1.13. If the proposal request calls only for the deletion of work, the Professional may order the partial suspension of any work related to the proposed deletion, in which case the Contractor must cease performance as directed; the Contractor shall not be entitled to claim lost profits on deleted work. All change work shall be executed under the applicable conditions of the Contract Documents.
1.11.1.2 Additional work performed by the Contractor without authorization of a Change Order or Allowance Authorization will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Section 1.7. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents.
1.11.1.3 Upon agreement as to changes in the Work to be performed, work performed in an emergency as provided in Section 1.7, and any other claim of the Contractor for a change in the Contract Time or the Contract Price, the Professional will prepare a written Change Order to be signed by the Professional and the Contractor and submitted to the City for approval.
1.11.1.4 It is the Contractor’s responsibility to notify its Surety of any changes affecting the general scope of the Work, Contract Price or Contract Time.
1.11.1.5 In the absence of an agreement as provided in 1.11.1.3, the City may, at its sole discretion, issue a Construction Change Directive to the Contractor. Pricing of the Construction Change Directive will be in accordance with Section 1.12.1.3. The Construction Change Directive will specify a price and, if applicable, a time extension determined to be reasonable by the City. If the Contractor fails to sign such Construction Change Directive, the Contractor may submit a claim in accordance with Articles 11, 12 and 13, but the Contractor shall nevertheless be obligated to fully perform the Work as directed by the Construction Change Directive.
1.11.1.6 The Contractor shall proceed diligently with performance of the Work as directed by the City, regardless of pending claim actions, unless otherwise agreed to in writing.
No taxes shall be included in any bid price. The City of Bartow is exempt from state and federal sales use and excise tax. If sales taxes are applicable due to third party purchasing, nothing herein shall prohibit the City from deleting line items and purchasing said items directly from a supplier if it is determined that there are sufficient sales tax savings to make purchasing by the City practical.
1.12.1 The Contract Price
1.12.1.1 The Contract Price constitutes the total compensation (subject to written authorized adjustments) payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at the Contractor’s expense without change in the Contract Price.
1.12.1.2 The Contract Price may only be increased or decreased by a written Change Order or Construction Change Directive. Any claim for an increase shall be in writing and delivered to the Professional within seven (7) calendar days of the occurrence first happening. Written supporting data will be submitted to the Professional within fifteen (15) calendar days after the occurrence unless the City allows additional time.
1.12.1.3 The value of any work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures:
1.12.1.3.1 Designated Unit Price (Field Measure) The Contractor and the City recognize and acknowledge that the quantities shown for those items designated in the Bid Sheet (2.6) as unit price items are approximations prepared by the City for bid purposes and that the actual compensation payable to the Contractor for the utilization of these items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents.
When it is determined by the City that an addition, deletion or revision to the Work as defined in these Contract Documents is required and affects the quantities required for items designed in the Price Table as unit price items, the Contractor and the City agree that the compensation payable to the Contractor for the unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Sheet (Section 2.6) to the quantity of the unit price item required to complete the Work as defined in the Contract Documents.
1.12.1.3.2 Other Unit Prices
For items not designated in the Bid Sheet (Section 2.6) as unit prices, the City and the Contractor may establish unit prices as agreed on by Change Order.
1.12.1.3.3 Lump Sum When it is determined by the City that an addition, deletion or revision to the Work is required which results in a change in the Work designated in the Bid Submittal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties.
1.12.1.4 If the pricing methods specified in 1.12.1.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by the City in accordance with 1.12.2. The City shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 1.11.1.5. The Contractor shall perform the work as directed in the Change Order.
1.12.1.5 Failure on the part of the Contractor to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to the City; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of the City. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by the City based upon an analysis of the scope of the Contractor’s failure to construct to plan or authorized dimensions.
1.12.2 Cost of Work
1.12.2.1 The term “Cost of Work,” for the purpose of Change Orders or Allowance Work, means the cost necessarily incurred and paid by the Contractor in the proper performance of the Change Order Work. Except as may be agreed to in writing by the Professional, such costs shall be in amounts no higher than those prevailing in the area of the Work and may include the categories listed below.
1.12.2.1.1 Labor (payroll, taxes, fringe benefits, worker’s compensation, health and retirement benefits, sick leave)
1.12.2.1.2 Owned Equipment (at lowest applicable equipment manual rate) (Blue Book Value)
1.12.2.1.3 Rented Equipment (at actual rental rate)
1.12.2.1.4 Material
1.12.2.1.5 Supplies
1.12.2.1.6 Subcontractors’ Costs
1.12.2.1.7 Bonds and Insurance
1.12.2.1.8 Contractor’s Fee (per 1.12.3)
1.12.2.1.9 Permit Fess
1.12.2.2 The Contractor shall require all Subcontractors and Suppliers to comply with all requirements of, and provide itemizations of, all claims in accordance with this Section.
1.12.2.3 The term “Cost of the Work” shall not include any of the following:
1.12.2.3.1 Payroll costs and other compensation of the Contractor’s officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, layers, auditors, accountants, Procurement and contracting agents, expediters, timekeepers, clerks and other personnel employed by the Contractor, whether at the site or in its principal or a branch office, for general administration of the Change Order work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor’s mark-up.
1.12.2.3.2 Extraordinary fringe benefits not specifically identified in Section 1.12.2.1.1.
1.12.2.3.3 Expenses of Contractor’s principal and branch offices other than the Contractor’s office at the site.
1.12.2.3.4 Any part of the Contractor’s capital expenses, including interest on the Contractor’s capital used for the Change Order work and charges against the Contractor for delinquent payments.
1.12.2.3.5 Cost of premiums for all bonds and insurance, whether or not the Contractor is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the work).
1.12.2.3.6 Costs due to the negligence of the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to: the correction of defective Work; disposal of material or equipment wrongly supplied; and making good any damage to property.
1.12.2.3.7 Overhead or general expense costs of any kind (other than as provided in 1.12.3).
1.12.3 Contractor’s Mark-up
1.12.3.1 The maximum percentage allowed for the Contractor’s combined overhead and profit shall be as follows:
1.12.3.1.1 For all such Change Order work or Allowance Work done, a fixed percentage of the total adjustment to the Contract Price shall be negotiated and shall not exceed ten percent (10%).
1.12.3.1.2 For all changes, the Contractor shall submit an itemized cost breakdown, together with supporting data in the detail and form as prescribed by the Professional. When a credit is due, the amount of credit to be allowed by the Contractor to the City for any change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Professional, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup.
1.13.1 Except as specifically provided in Section 1.13.1.2 below, the Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to the Professional within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to the Project Manager within fifteen (15) calendar days after the occurrence, unless the Professional allows additional time. All claims submitted by the Contractor for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond the Contractor’s control or fault.
1.13.1.1 If the Contractor is delayed at any time in the performance, progress, commencement or completion of the Work by any act or neglect of the City or the Professional, by an employee of either, by any separate contractor employed by the City, by changes ordered in the Work, by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by the Contractor using reasonable diligence or by any causes beyond the Contractor’s control or fault (but excluding weather delays which are addressed in Section 1.13.1.2 below), then the Contract Time shall be extended by Change Order for such reasonable time as the City may determine. The Contractor shall be entitled to an extension of time for causes only for the number of days of delay which the City may determine to be due solely to these causes and only to the extent these occurrences actually delay the completion of the Work; and then only if the Contractor shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which the City or the Professional may be responsible in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from the City. The Contractor’s sole and exclusive remedy against the City for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be right to seek an extension to the Contract Time in accordance with the procedures set forth herein.
1.13.1.2 The City’s Project Manager may, in their discretion, approve a request from the Contractor to suspend work due to inclement weather. Such approval by the City’s Project Manager must be in writing and, once given, shall serve to extend the contract time by the same number of days.
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.
1.14.1 Either party hereunder may be temporarily excused from performance if an Event of Force Majeure directly or indirectly causes its nonperformance. An “Event of Force Majeure” is defined as any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
1.14.2 Neither party shall be excused from performance if non-performance is due to forces which are reasonably preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied prior to, during, or immediately after their occurrence. Within five (5) days after the occurrence of an Event of Force Majeure, the non-performing party shall deliver written notice to the other party describing the event in reasonably sufficient detail, along with proof of how the event has precluded the non-performing party from performing its obligations hereunder, and a good faith estimate as to the anticipated duration of the delay and the means and methods for correcting the delay.
1.14.3 The non-performing party’s obligations, so far as those obligations are affected by the Event of Force Majeure, shall be temporarily suspended during, but no longer than, the continuance of the Event of Force Majeure and for a reasonable time thereafter as may be required for the non-performing party to return to normal business operations. If excused from performing any obligations under this Agreement due to the occurrence of an Event of Force Majeure, the non-performing party shall promptly, diligently, and in good faith take all reasonable action required for it to be able to commence or resume performance of its obligations under this Agreement. During any such time period, the non-performing party shall keep the other party duly notified of all such actions required for it to be able to commence or resume performance of its obligations under this Agreement.
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, Finance Department at 450 N. Wilson Ave., Bartow, FL 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
1.15.1 Warranty and Guarantee
1.15.1.1 The Contractor warrants and guarantees to the City that all material and equipment will be new, unless otherwise specified; and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals or all applicable building, construction and safety requirements, shall be considered defective. Notice of all defects shall be given to the Contractor by the Project Manager. All defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Article.
1.15.1.2 If, after approval of final payment and prior to the expiration of one year after the date of final completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or material are found to be defective, incomplete or otherwise not in accordance with the Contract Documents, the Contractor shall promptly, without cost to the City and in accordance with the City’s written instructions, either correct such defective Work or, if it has been rejected by the City, remove it from the site and replace it with non-defective work. If the Contractor does not promptly comply with the terms of such instructions, the City may have the defective Work corrected, removed or replaced. All direct and indirect costs of such action will be paid by the Contractor.
1.15.2 Test and Inspections
1.15.2.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor shall give the Professional timely notice. The testing firm(s) (if assigned by the Contractor to this Work) and all such inspections, tests or approvals provided for by the City shall be identified in writing by the Professional to the Contractor. All other inspections, tests or approvals shall be at the Contractor’s expense, including additional expenses for inspection and tests required as a result of delays by the Contractor or hours worked in excess of 40 hours per week. For all required inspections, tests and approvals on any Work prepared, performed or assembled away from the site, the Contractor will furnish the Professional with the required Certificates of Inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Material, or such other applicable organizations as may be required by law or the Contract Documents. Material or Work in place that fails to pass acceptability tests shall be retested at the direction of the Professional and at the Contractor’s expense.
1.15.2.2 Neither observations by the Professional or the Project Manager nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor of its obligations to perform the Work in accordance with the requirements of the Contract Documents.
1.15.3 Access to the Work
1.15.3.1 For the duration of the Work, the Professional and their representatives, other designated representatives of the City and authorized representatives of any regulatory agency shall at all times be given access to the Work.
The Contractor shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others.
1.15.4 Uncovering the Work
1.15.4.1 If any work required to be inspected, tested or approved is covered prior thereto without the prior written approval of the Professional, or if any work is covered contrary to the request of the Project Manager, the work shall, if requested by the Professional or the Project Manager, be uncovered for observation, inspection, testing or approval and replaced at the Contractor’s expense.
1.15.4.2 If any work has been covered which either the Professional or the Project Manager has not specifically requested to observe, or if the Professional or the Project Manager considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, upon written request of the Professional or the Project Manager, shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work is defective, the Contractor shall bear the expense of such uncovering, exposure, observation, inspection, testing and satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, if it makes a claim as provided in Sections 1.11, 1.12 and 1.13.
1.15.5 Stop Work
1.15.5.1 When work is defective or when the Contractor fails to supply sufficient skilled workmen, suitable material, suitable equipment, make prompt payments to Subcontractors for labor, material or equipment, or if the Contractor violates any provisions of these Contract Documents, the City may order the Contractor to stop the work until the cause for such order has been eliminated. However, this right of the City to stop the work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. The Contractor shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph.
1.15.6 Correction or Removal of Defective Work
1.15.6.1 When directed by the Professional, the Contractor shall promptly, without cost to the City and as specified by the Professional either correct the defective work whether fabricated, installed or completed, or remove it from the site and replace it with non-defective work or remove and replace such defective work within a reasonable time, all as specified in a written notice from the Professional, the City may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by the Contractor or deducted from payment to the Contractor. The Contractor will also bear the expense of correcting or removing and replacing all work of others destroyed or damaged by the correction, removal or replacement of the defective work.
1.15.7 Acceptance of Defective Work
1.15.7.1 If, instead of requiring correction or removal and replacement of defective work, the City prefers to accept it, the City may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price, shall be issued. If the acceptance occurs after approval of final payment, the Contractor shall pay to the City an appropriate sum to compensate for the defect in the work.
1.15.8 Neglected Work by Contractor
1.15.8.1 If the Contractor neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, the Professional may direct the Contractor to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment working extended hours and additional days, all at no cost to the City, in order to put the Work back on schedule. If the Contractor fails to correct the deficiency or take appropriate corrective action, the City may terminate the contract or Contractor’s right to proceed with that portion of work and have the work done by others. The cost of completion under such procedure shall be charged against the Contractor. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City.
1.15.8.2 Should the Contractor work overtime, weekends or holidays to regain the schedule, all costs to the City of associated inspection, construction management and resident engineering shall be identified to the Contractor and the Contract Price reduced by a like amount via Change Order.
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 in the prices quoted.
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.
1.16.1 Schedule of Values
1.16.1.1 The Schedule of Values established as provided in General Conditions 1.3.5.2.2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the Professional and the Project Manager. Progress payments using unit prices bid will be based on the number of units completed. Lump sum bids do not have a provision for a unit price adjustment.
1.16.1.2 The Schedule of Values will include a breakdown of divisions of the work in a manner that will identify Subcontractors by the classification of their work according to any accepted numerical sequence, such as AIA numerical classification. Any Subcontractor identified by the Contractor, as a Woman/Minority Business Entity shall be noted in the schedule of values on a separate line of the schedule of values with an extension to the numerical classification used to identify the particular division of work. The extension will be according to the following: 002- Woman Business Enterprise; 003 – African American Enterprise; 004 – Hispanic American; 005 – Asian Pacific American Business; 006 – Native American Business; and 007 – Asian-Indian American Business.
1.16.2 Application for Progress Payments: Contractor Certification of Disbursement of Previous Progress Payments to Subcontractors and Suppliers
1.16.2.1 At least seven (7) calendar days before the date established for each progress payment (but not more often than once a month), Contractor shall submit the following to the Professional for review: (i) an Application for Payment filled out and signed by the Contractor covering the work completed as of the date of the Application; (ii) a Contractor Certification of Disbursement of Previous Progress Payments to Subcontractors and Suppliers (as further described in Subsection 1.16.2.2 below) in a form the City will designate and provide to the Contractor, and (iii) all other supporting documentation as is required by the Contract Documents. If payment is requested on the basis of material and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the City has received the material and equipment free and clear of all liens and evidence that the material and equipment are covered by appropriate property insurance and other arrangements to protect the City’s interest therein, all of which will be satisfactory to the City. Payment is subject to retainage in accordance with F.S. 218.735. The amount of retainage is 5% in accordance with the contract document or as provided in F.S. 218.735.
1.16.2.2 As additional conditions precedent to the City’s obligation to pay the Contractor each progress payment, to include the final payment due under the Contract, the Contractor must (i) pay all Subcontractors and Suppliers their respective pro rata share of all previous payments (to include any payments of retainage) that the City has made to Contractor for Work that has been satisfactorily completed; and (ii) execute and deliver to the Professional a Contractor Certification of Disbursement of Previous Progress Payments to Subcontractors and Suppliers with its Application for Payment submitted in accordance with Subsection 1.16.2.1 above. If the Contractor has not made the required payments to all Subcontractors and Suppliers, but the Contractor has (a) demonstrated good cause (as reasonably determined by the City) for not making any required payment; (b) delivered written notice to the City and to the applicable Subcontractor or Supplier specifically stating why the Contractor has not paid the Subcontractor or Supplier its proportionate share of the progress payments that the City has made to the Contractor pursuant to the Contract, and (c) completed all other requirements and conditions precedent to the receipt of the requested progress payment, then the City will pay Contractor the progress payment in accordance with the Contract requirements.
1.16.3 Contractor’s Warranty of Title
1.16.3.1 Contractor warrants and guarantees that title to the work, material and equipment covered by any Application for Payment, whether incorporated in the Work or not, will pass to the City no later than the time of payment, free and clear of all liens.
1.16.4 Approval of Payments
1.16.4.1 The Professional, after receipt of each Application for Payment, will either indicate in writing a recommendation of payment and present the application to the City, or return the application to the Contractor indicating in writing the Professional’s reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. The City shall make payment in accordance with F.S. 218.735.
1.16.4.2 The Professional’s recommendation of any payment requested in an Application for Payment will constitute a representation by the Professional to the City based on the Professional’s review of the Application for Payment and the accompanying data and schedules, that to the best of the Professional’s knowledge, information and belief:
a) The Work has progressed to the point indicated;
b) The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work and to any other qualifications stated in the recommendation); and
c) The conditions precedent to the Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is the Professional’s responsibility to observe the Work.
1.16.4.3 By recommending any such payment, the Professional will not be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Professional in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the City or entitle the City to withhold payment to the Contractor.
1.16.4.4 The Professional’s recommendation of any payment, including final payment, shall not mean that the Professional is responsible for the Contractor’s means, methods, techniques, sequences or procedures of construction; or the safety precautions and programs incident thereto; or for any failure of the Contractor to comply with Laws and Regulations applicable to the furnishing or performance of Work; or for any failure of the Contractor to perform or furnish Work in accordance with the Contract Documents.
1.16.4.5 The Professional may refuse to recommend the whole or any part of any payment if, in the Professional’s opinion, they are unable to make the representation that the Application is acceptable to the City. The Professional may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the Professional’s opinion to protect the City from loss because:
a) The Work is defective;
b) The Contract Price has been reduced by Change Order;
c) The City has been required to correct defective work or complete work in accordance with Section 1.15;
d) Claims have been filed against the City for which the Contractor may be liable; and/or
e) The work was executed unsatisfactorily; the Contractor failed to clean up as required in Section 1.7 or the work is otherwise not in compliance with these Contract Documents.
1.16.4.6 The City will give the Contractor immediate notice stating the reasons for such action and promptly pay the Contractor the amount so withheld, or any adjustment thereto agreed to by the City and the Contractor, when the Contractor corrects, to the City’s satisfaction, the reasons for such action.
1.16.5 Substantial Completion
1.16.5.1 Substantial Completion is the stage in the progress of the Work when the Work or specified portion thereof is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended purpose.
1.16.5.2 When the Contractor considers that the Work, or a specified portion thereof, which the City agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Professional a thorough and inclusive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on this list does not relieve the Contractor of the responsibility to complete all Work in accordance with the Contract Documents. Upon receipt of the Contractor’s list, the Professional and Project Manager will visit the site to determine whether the Work or designated portion thereof is substantially complete. If the Professional’s and the Project Manager’s visit discloses any item, whether or not included on the Contractor’s list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item, upon notification by the Professional. The Contractor shall then submit a request for another visit by the Professional to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Professional will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion. The Certificate of Substantial Completion shall include a list of items that have not been completed or corrected at the time of the follow-up visit by the Professional to determine Substantial Completion. The Professional, in consultation with the City, shall establish a date for completion of the items identified in the Certificate of Substantial Completion Certificate and this date for completion shall be noted on the Certificate. The Professional shall also establish a value for each of the items included on the certificate, which may be deducted from the Contractor’s Application for Payment at two times the amount of each incomplete item. Should the Contractor fail to complete the items by the date noted on the Certificate of Substantial Completion, the City may complete the item and deduct the costs from the final Application for Payment. Warranties required by the Contract Document shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Contractor for their written acceptance and then to the City for acceptance and issuance.
1.16.5.3 The City shall have the right to exclude the Contractor from the Work after the date of Substantial Completion, but the City shall allow the Contractor reasonable access to complete or correct items on the list.
1.16.6 Beneficial Occupancy
1.16.6.1 Use by the City at the City’s option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) the City, Professional and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the City for its intended purpose without significant interference with the Contractor’s performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to 1.16.6.2.
1.16.6.2 The City at any time may request the Contractor in writing to permit the City to use any such part of the Work which the City believes to be ready for its intended use and substantially complete. If the Contractor agrees that such part of the Work is substantially complete, the Contractor will certify to the City and the Professional in writing that the Contractor considers any such part of the Work ready for its intended use and substantially complete and request the Professional to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the City, Contractor and Professional shall make an inspection of that part of the Work to determine its status of completion. If the Professional does not consider that part of the Work to be substantially complete, the Professional will notify the City and the Contractor in writing giving the reasons therefore. If the Professional considers that part of the Work to be substantially complete, the provisions of 1.16.5 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
1.16.6.3 The City, may at its discretion, reduce the amount of retainage beyond the amount prescribed in F.S. 218.735 subject to Beneficial Occupancy
1.16.6.4 Retainage will not be released in the face of a claim by the City for liquidated damages or a dispute claim by the Contractor for additional compensation.
1.16.7 Final Inspection
1.16.7.1 Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the Professional will make a final inspection with the City and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as necessary to complete such Work or remedy such deficiencies.
1.16.8 Final Application for Payment
1.16.8.1 After the Contractor has completed all such corrections to the satisfaction of the Professional and the City and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 1.6.2, certificates of inspection, marked-up record documents and other documents, the Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required; (ii) consent of the surety to final payment; and (iii) a final Contractor Certification of Disbursement of Previous Progress Payments to Subcontractors and Suppliers.
1.16.8.2 No application for final payment will be accepted by the City until all required documentation by the Contractor has been accepted and approved by the Professional and the City.
1.16.8.3 Notwithstanding any other provision of these contract documents to the contrary, the City and the Professional are under no duty or obligation whatsoever to any vendor, material provider, Subcontractor, laborer or other party to ensure that payments due and owing by the Contractor to any of them are or will be made. Such parties shall rely only on the Contractor’s surety bonds for remedy of nonpayment by the Contractor. The Contractor agrees to defend and resolve all claims made by Subcontractors, indemnifying the City and the Professional for all claims arising from or resulting from Subcontractor, Supplier, material men or laborer services in connection with this project.
1.16.8.4 The Contractor will indemnify the City and Professional for any damages sustained including lost revenues resulting from the Contractor’s failure or refusal to perform the work required by these contract documents.
1.16.9 Final Payment Acceptance
1.16.9.1 If, on the basis of the Professional’s observation of the Work during construction and final inspection, and the Professional’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the Professional is satisfied that the Work has been completed and the Contractor’s other obligations under the Contract Documents have been fulfilled, the Professional will, after receipt of the final Application for Payment, indicate in writing the Professional’s recommendation of payment and present the Application to the City for payment. At the same time, the Professional will also give written notice to the City and the Contractor that the Work is acceptable subject to the provision of 1.16.10. Otherwise, the Professional will return the application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. After the presentation to the City of the application and accompanying documentation, in appropriate form and substance and with the Professional’s recommendation and notice of acceptability, the amount recommended by the Professional will become due and will be paid by the City to the Contractor.
1.16.9.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Professional so confirms, the City shall, upon receipt of the Contractor’s final Application for Payment and recommendation of the Professional, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 6, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Professional with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.
1.16.9.3 The remainder of the Contract Price will be approved for payment upon final completion of the work, acceptance of the work by the City and settlement of all claims.
1.16.10 Wavier of Claims
1.16.10.1 The making and acceptance of final payment will constitute a waiver of all claims by the Contractor against the City, other than those previously made in writing and still unsettled.
1.16.10.2 The making and acceptance of final payment will constitute a waiver of all claims by the City against the Contractor, except claims arising from unsettled liens from defective Work appearing after final inspection pursuant to 1.16.7; from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; or from the Contractor’s continuing obligations under the Contract Documents.
All Bidders are required to submit with their Bid Submittal, Exhibit X, Safety Requirements/Regulations which states that if the firm falls under the Occupational Health and Safety Administration (OSHA) Regulations, as interpreted by OSHA, the successful contractor will be able to provide, at the request of the City, a copy of their OSHA 300 Log for the past three (3) years, a copy of the Workers Compensation Modification Rate; a copy of the Contractor’s Safety and Health Program, and a copy of the Contractor’s Drug Free Workplace Program. Any questions regarding compliance with this provision shall be directed to The City of Bartow.
The Bidder is hereby notified that if awarded the bid and it involves work such as maintenance, repair, turnaround, renovation, construction or engineering on chlorine disinfection facilities or other covered process(es) must be able to provide, at the request of the City, the following items for review: OSHA 300 Log for past five (5) years, current safety program, training program and experience with other related processes. Documented evidence showing compliance with confined space entry, lockout/tagout, emergency response and safe work is required. All contract workers must comply with the facility’s safe work practices and controls outlined in the facility safety manual and operating procedures.
The Bidder is hereby notified that if awarded the bid they shall be responsible for maintenance of traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the Work. The Contractor shall construct and maintain detours and provide facilities for access to residences, businesses, etc., along the project. The contractor shall furnish, install and maintain traffic control and safety devices during construction, furnish and install work zone pavement markings for maintenance of traffic in construction areas, and provide any other special requirements for safe and expeditious movement of traffic specified on the plans. Maintenance of Traffic includes all facilities, devices and operations as required for safety and convenience of the public within the work zone. Refer to Florida Department of Transportation’s (FDOT) latest edition of the Standard Specifications for Road and Bridge Construction and the latest version of the Manual on Uniform Traffic Control Devices (MUTCD) for the minimum national standard for traffic control for highway construction, maintenance, and utility operation.
1.17.1 At any time and without cause, the City may suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor and the Professional, which will fix the date on which Work will be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any such suspension if the Contractor makes any approved claim therefore as provided in Sections 1.12 and 1.13.
1.17.2 Termination for Cause
1.17.2.1 Upon the occurrence of any one or more of the following events:
a) If the Contractor fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable material or equipment; or failure to adhere to the progress schedule established;
b) If the Contractor disregards laws or regulations of any Regulations of any public agency having jurisdiction;
c) If the Contractor disregards the authority of the Professional or the Project Manager; or
d) If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents.
The City may, after giving the Contractor and surety seven (7) working days’ written notice and to the extent permitted by Laws and Regulations, terminate the services of the Contractor; exclude the Contractor from the site; take possession of the Work and of all the Contractor’s tools, appliances, construction equipment and machinery at the site; use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); incorporate in the Work all material and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere; and finish the Work as the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment beyond an amount equal to the value of the work actually completed and the value of material and equipment not incorporated in the work but delivered and suitably stored, less the aggregate of payments previously made. If the direct and indirect costs of completing the work exceed the unpaid balance of the contract price, the Contractor shall pay the difference to the City. Such costs incurred by the City shall be verified by the Professional and incorporated in a Change Order; but in finishing the work the Contractor shall not be required to obtain the lowest figure for the work performed. The Contractor’s obligations to pay the difference between such costs and such unpaid balance shall survive termination of the agreement.
1.17.2.2 In the event the City terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations.
1.17.3 Termination for Convenience
1.17.3.1 Upon seven (7) working days’ written notice to the Contractor and the Professional, the City may, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract. In such case, the Contractor shall be paid (without duplication of any items):
a) For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;
b) For expenses sustained prior to the effective date of termination in performing services and furnishing labor, material or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
c) For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others; and
d) For reasonable expenses directly attributable to termination.
The Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.
1.17.3.2 If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) calendar days by the City, or under an order of court or other public authority, or the Professional fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the City fails for thirty-one (31) calendar days to pay the Contractor any sum finally determined to be due, then the Contractor may, upon seven (7) working days’ written notice to the City and the Professional, terminate the Agreement and recover from the City payment on the same terms as provided in 1.17.2.2, provided the City or the Professional did not remedy such suspension or failure within that time. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if the Professional has failed for thirty-one (31) calendar days to pay the Contractor any sum finally determined to be due, the Contractor may upon seven (7) days’ written notice to the City and the Professional stop the Work until payment is made of all such amounts due the Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude the Contractor from making claim under Articles 12 and 13 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to the Contractor’s stopping Work as permitted by this paragraph
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 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.
1.18.1 All disputes arising under this Contract or its interpretation whether involving law, fact or both, or extra work, and all claims for alleged breach of contract, shall within ten (10) working days of the commencement of the dispute be presented by the Contractor to the City for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by the City of notice thereof. Each decision by the City will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to the Contractor’s last known address.
1.18.1.1 If the Contractor does not agree with any decision of the City, the Contractor shall seek mediation by a certified circuit court civil mediator who will be agreed to by the parties or, if the parties cannot agree to a mediator within thirty (30) calendar days of the request for mediation, said mediator will be chosen by the Contractor. Any mediation will be held in Polk County, unless otherwise agreed to by the City. The parties will cooperate in good faith with the mediator with the cost of the mediator split equally between the parties, if the mediator is agreed upon, and by the Contractor if agreement on the mediator cannot be reached.
1.18.1.2 If the Contractor does not agree with any decision of the City, or the mediation is unsuccessful, the Contractor shall in no case allow the dispute to delay the Work but shall notify the City promptly that the work proceeding under protest and that the matter in question may be accepted from the final release.
Bidders are hereby advised that if the Contract documents so indicate, a reasonable amount for liquidated damages may be assessed for Contractor’s failure to meet stated specifications, schedule, or other relevant issues as determined by the City. Information regarding the composition of liquidated damages can be found in the Supplementary Conditions. Liquidated damages are not intended as a penalty.
1.19.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
1.19.2 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight will constitute a day.
1.19.3 Should the City or the Contractor suffer injury or damage to its person or property because of any error, omission or act of the other or of any of their employees, agents or others for whose acts they may be legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage.
1.19.4 All representations, warranties and guarantees made in the contract documents will survive final payment and termination or completion of the agreement. Also, the obligation of the Contractor to maintain the work until initiation of operation shall survive final payment, termination or completion of the Contract.
1.19.5 The Contractor shall keep adequate records and supporting documentation applicable to the Work and Contract. Said records and documentation shall be retained by the Contractor for a minimum of five (5) years from the date of final completion or termination of this Contract. The City shall have the right to audit, inspect and copy all such records and documentation as often as the City deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. The City, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and supporting documentation.
1.20.1 The vendor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the requirements of this solicitation. The City shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for unilateral termination of this Agreement by the City. As part of the response to this solicitation, the successful vendor will complete and submit the attached form “Affidavit Certification Immigration Laws.”
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.
1.21.1 Unless otherwise defined herein, terms used in this Section which are defined in Section 448.095, Florida Statutes, as may be amended from time to time, shall have the meaning ascribed in said statute.
1.21.2 Pursuant to Section 448.095(5), Florida Statutes, the contractor hereto, and any subcontractor thereof, must register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. The contractor acknowledges and agrees that (i) the City and the contractor may not enter into this Agreement, and the contractor may not enter into any subcontracts hereunder, unless each party to this Agreement, and each party to any subcontracts hereunder, registers with and uses the E-Verify system; and (ii) use of the U.S. Department of Homeland Security’s E-Verify System and compliance with all other terms of this Certification and Section 448.095, Fla. Stat., is an express condition of this Agreement, and the City may treat a failure to comply as a material breach of this Agreement.
1.21.3 By entering into this Agreement, the contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of this Agreement. Failure to comply will lead to termination of this Agreement, or if a subcontractor knowingly violates the statute or Section 448.09(1), Fla. Stat., the subcontract must be terminated immediately. If this Agreement is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Tenth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of Section 448.095, Fla. Stat., by the contractor, the contractor may not be awarded a public contract for a period of 1 year after the date of termination. The contractor shall be liable for any additional costs incurred by the City as a result of the termination of this Agreement. Nothing in this Section shall be construed to allow intentional discrimination of any class protected by law.
Where a particular system, product or material is specified by name, it shall be considered as a standard basis for bidding and as the most satisfactory for its particular purpose. Where two or more products, materials or manufacturers are specified by name, each shall be considered as a predetermined equal and acceptable for its particular purpose; and the bidder may use any of the listed items within their bid.
A bid may be recommended for award by the Financial Services Manger to the lowest responsive and responsible Bidder, provided that Bidder’s bid submittal is considered (within the sole discretion of said Manager) reasonable, in the best interest of City to recommend, and no bid protest has been filed. Unless otherwise noted, the basis of recommendation will either be the Base Bid, the Base Bid plus all alternates or any combination thereof, whichever is in the best interest of the City or may be determined by the availability of funds. Should the basis of award be the Base Bid plus selected alternates, the priority of the selection of those alternates will be set forth in the Supplementary Conditions, if applicable.
The successful Bidder to whom a bid is recommended for award will be so notified by City staff. The Financial Services Manager, however, at their sole discretion, reserves the right to reject any and all bid submittals or to waive any informality concerning the bid submittal whenever such rejection or waiver is in the best interest of the City. The Financial Services Manager, likewise, reserves the right to reject the bid submittal of any Bidder who has previously failed to perform properly or to complete on time, contracts of a similar nature; or who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded its obligations to subcontractors, materialmen or employees.
1.22.1 Contractor Evaluation
1.22.1.1 The Contractor’s performance shall be evaluated during and after completion of the project.
1.23.1 When the City determines, at its sole discretion, that it wishes to include an Allowance in the Contract, said amount shall be included in the Contract Price, Section 1.2 of the attached Contract Draft.
1.23.2 Allowance Work, in the amount of five percent (5%) of the awarded contractors bid or $250,000, whichever is less, may be included in the Contract Price. No individual allowance request shall be greater than $100,000 without approval of the City Manager or Board of City Commissioners. The Contract Work and all Allowance Work shall be performed in full compliance with all requirements of the Contract Documents. The sum of all approved Allowance Work performed pursuant hereto shall not exceed the amount of the Allowance. When all Work has been completed under this contract any balance of the original Allowance remaining at the completion of all Work shall be deducted from the Contract Price.
1.23.3 The number of calendar days specified in the Contract for performance of the Work shall include a total time allowance of no more than 60 days or fifteen percent (15%) of the time specified at the time contract award for final completion of the project, whichever is less, for performance of Allowance Work. When all Work has been completed under this contract any time set aside for Allowance Work remaining at the completion of all Work shall be deducted from the Contract Time.
1.23.4 Upon a determination by the City Manager or his designee that certain construction work for which detailed specifications were not prepared or the scope of such work was not fully established at the time the City entered into a contract and upon determining that, for the purposes of expediency and efficiency, it would be in the City’s best interest to have said work completed by the Project’s Contractor, the City Manager or his designee will take appropriate action pursuant to the “Allowance” provision established under the Contract for the Project.
1.23.5 All charges and time for Allowance Work must be pre-approved in writing by the City Manager or his designee. Said written pre-approval shall be in the form of an Allowance Authorization Release (AAR), which shall describe in detail the Allowance Work to be performed, the price for the Allowance Work and the time, if any, allocated for performance of the Allowance Work, as well as containing the authorizing signature of the City Manager or his designee. The Contractor shall not be authorized to perform any Allowance Work without the required AAR.
The recommended Bidder will be required to execute the contract documents as outlined in the bid package including, the Public Construction Bond, all signed exhibits and other required information stated in the supplemental conditions or any addendums. The executed documents should be returned to Procurement within 10 working days of the documents being sent by Procurement to the Bidder for execution. After the executed documents are received back by Procurement, they will be given to the City Legal Department for approval to be added to a Board agenda for Board approval and execution by the City Commission for contracts over 100,000.00, if the project was not specifically listed in the approved fiscal year’s budget. If the project was listed it shall be executed by the City Manager.
All contracts are subject to final approval of the City of Bartow Board of City Commissioners or City Manager. Persons or firms which incur expenses or change positions in anticipation of a contract prior to the City’s approval do so at their own risk.
If after Bidder’s receipt of a notice of recommendation for award the successful Bidder refuses or otherwise neglects to execute and deliver the required Contract documents, including the Public Construction Bond, all signed exhibits, required insurance documents and other required information stated in the supplemental conditions or addendums within a reasonable time, the amount of the Bidder’s bid security (Bid Bond) may be forfeited and the award rescinded if such action is deemed to be in the best interests of the City. The Financial Services Manager will make the determination of “a reasonable time”. It is recommended that the executed contract documents be returned to Procurement within 10 working days of the documents being sent by Procurement to the recommended Bidder for execution. No plea of mistake in the bid or misunderstanding of the conditions of forfeiture shall be available to the Bidder for the recovery of their bid security or as a defense to any action based upon the neglect or refusal to execute the required agreement or furnish the required bonds and insurance certification.
1.24.1 Contractor acknowledges that the City, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreements for a period exceeding one year, but any agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the City’s performance and obligation to pay under this agreement is contingent upon annual appropriation.
Efficient service is essential to this contract. Therefore, if determined 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. This shall be determined by the City of Bartow.
City and Consultant/Contractor agree that Contractor shall comply with Florida’s public records laws. As a part thereof, Contractor agrees to:
(1) Keep and maintain public records required by the public agency to perform the service.
(2) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency.
(4) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Consultant/Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 863-534-0100, JPOOLE.CLERKS@CITYOFBARTOW.NET; 450 NORTH WILSON AVENUE, BARTOW, FLORIDA 33830.
If the Contractor does not comply with a public records request, the City shall enforce the contract provisions which may include immediate termination of contract.
Dear Contractor:
This is a reminder of your obligation under Florida’s Public Records law codified in Chapter 119, Florida Statutes. As referenced in the General Terms and Conditions of any contract you have had with the City of Bartow, your firm is required to allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes.
Public Records include all records, regardless of physical form, characteristics, or means of transmission that were made or received in connection with official business which are used to perpetuate, communicate, or formalize knowledge. The policy of the State of Florida is that public records are open for the personal inspection and copying of any person. As such, all public records may be inspected and copied by any person at any reasonable time and under reasonable circumstances.
The custodian of such records must also acknowledge requests for public records promptly and provide the records as quickly as possible with only two permissible delays; the time it takes to locate the requested records and the time to review the records for exemptions.
As potential custodians of public records, contractors are prohibited from any of the following actions:
1. Requiring the identity of the requestor
2. Requiring the request for records be in writing
3. Requiring the reason or purpose of the records request
4. Restricting viewing records to hours other than normal business hours
5. Delaying the production of records based on an employee’s workload
6. Delaying the production of records due to a burdensome request
However, contractors are not required to provide personnel to answer questions regarding the content of requested records. In addition, contractors are not required to create a new record to fulfill a public records request nor reformat its records into a particular form as demanded by a requestor.
If a public records request is received, you should provide notice to Jacki Poole, City of Bartow, City Clerk jpoole.clerks@cityofbartow.net. Additional notice should be provided when the request has been fulfilled.
If you have any questions, or need additional information, please contact either Jacqueline Poole, City Clerk, or Donna Donaldson, Assistant City Clerk at 863-534-0100.
Sincerely,
Jacqueline Poole
City Clerk
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.
1.26.1 The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Accordingly, any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
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 Procurement 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 Procurement Department shall dispose of the samples.
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.
287.05701, Florida Statutes, the City may not:(i) request documentation of or consider a Vendor’s social, political, or ideological interests when determining if the Vendor is a responsible vendor; or (ii) give preference to a Vendor based on the Vendor’s social, political, or ideological interests.
This form shall be included with your bid.
Contractor acknowledges that Section 787.06 of the Florida Statutes requires each nongovernmental entity that is executing, renewing, or extending a contract with a public governmental entity to provide the governmental entity with an affidavit signed by an officer or authorized representative under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as those terms are defined by law. Contractor agrees to furnish the City with the necessary affidavit signed by an officer or authorized representative of Firm under penalty of perjury at any time and upon request.
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.”
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.
Attorneys-in-fact who sign bonds or other surety instruments must attach with each bond or surety instrument an effective and certified power of attorney.
The Bid Bond and Public Construction or Performance Bond & Payment Bond shall be executed by a surety authorized to do business in the State of Florida and as named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and A.M. Best rated A VIII or better. All bonds signed by an agent must be accompanied by a certified copy of authority to act and indicate that they are licensed to do business in the State of Florida.
• Bid Bond: A Bid Bond is required to be submitted with all construction bids in excess of $150,000.00 in an amount not exceed five percent (5%) of the preliminary estimate of the cost of the work (amount bid). Unsuccessful bidders will be entitled to return of surety. A successful bidder may forfeit any surety required upon failure on their part to enter into a contract within the specified time after the award.
• Performance Bond & Payment Bond: A Public Construction or Performance and Payment Bond will be required on all construction contracts when the price exceeds $250,000. A surety bond shall be required of the successful bidder in an amount equal to the awarded contract price and, if called out in the contract, the allowance amount; and shall be submitted to Procurement along with the executed contract documents as outlined under Instructions to Bidders, Approval of Contract.
The City may choose, in its discretion and applicable only to multiyear maintenance contracts, to allow for incremental annual contract bonds that cumulatively total the full, awarded, multiyear contract price.
The Contractor shall notify all utilities, transportation department, etc., in writing, with a copy to the Public Works Department before construction is started and shall coordinate his Work with them. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal, construction and rearrangement operations in order that services rendered by these parties will not be unnecessarily interrupted.
The Contractor shall arrange his Work and dispose of his materials so as to not interfere with the operation of other Contractors engaged upon adjacent work and to join his Work to that of others in a proper manner and to perform his Work in the proper sequence in relation to that of other Contractors all as may be directed by the Public Works Department Head. Each Contractor shall be responsible for any damage done by him or his agents to the work performed by another Contractor.
The Contractor shall contact the City of Bartow Public Works and the Florida Department of Transportation, as applicable, to verify and obtain the location of any and all traffic conduits, loops, and street light underground services.
Bidders are required to comply with all provisions of federal, state, county and city local laws, ordinances, rules and regulations that are applicable to the services being offered in the bid. Lack of knowledge of the Bidder shall in no way be a cause for relief from responsibility.
The Bidder shall familiarize itself and comply with all Federal, State, County and City laws, codes, ordinances or regulations controlling the action or operation of those engaged in the Work, or affecting materials or methods used, and govern itself in accordance with them. If the Bidder observes that there are conflicts between the Drawings and Specifications or between any other documents, they shall promptly notify the City in writing. Failure of the Bidder to notify the City of these variances shall not provide relief for compliance to the document as may be interpreted by the City. The Bidder shall hold harmless, to the fullest extent permitted by Florida Law, the City and all of its officers, agents or servants against any claims or liability arising from, or based upon the violations of any such laws, by-laws, ordinances, regulations, orders or decrees, whether by itself or their employees.
The bidder or proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency.
Employees of the Contractor shall at all times be under its sole direction and not be an employee or agent of the City. The Contractor shall supply competent employees. The City may require the Contractor to remove an employee or subcontractor it deems careless, incompetent, insubordinate or otherwise objectionable without any cost to the City or without any increase in Contract Price. Contractor shall be responsible to the City for the acts and omissions of all employees working under its directions whether or not the actions taken go beyond the normal scope of employment.
The Contractor assumes responsibility to examine the site of the Work and become familiar with the form of Submittal, Drawings, Specifications, any Addenda issued thereto and all other forms of Contractual Documents pertaining to the proposed Work. The submission of the bid shall be sufficient to establish the presumption that the Contractor has investigated the site of the Work and is satisfied as to all conditions to be encountered, the character, quantity and quality of the work to be performed and materials furnished in the completion thereof. No pleas of ignorance of conditions or difficulties that may be encountered in the execution of the Work pursuant to this bid package as a result of failure to make necessary and reasonable examinations and investigations will be accepted as an excuse for any failure or omission on the part of the successful Bidder to fulfill, in every detail, all of the requirements of the Contract Documents; nor will they be accepted as a basis for any claims whatsoever for extra compensation or for any extension of time. Prior to the time specified for receiving bid submittals any interpretation or modifications of the proposed Contract documents will be made only by Addendum. The City will send a courtesy notification when addenda are issued to each person to whom attended a mandatory or non-mandatory pre-bid meeting, if applicable; and/or submitted Bidder Registration. It is the sole responsibility of the Bidders to check the City’s website at https://www.cityofbartow.net/bids.aspx and/or OpenGov to ensure that all available information, addenda, has been received prior to submitting a bid. The City shall not be responsible for oral instructions.
Neither the City nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this bid. All expenses in the preparation of this bid are the sole responsibility of the Proposer. All Submittals should be prepared to provide a straightforward and concise description of the respondents’ qualifications and ability to meet the requirements of the bid.
All material, equipment and construction furnished shall be new and shall be of good quality, workmanship and material. If silent in specifications, then the most acceptable industry-standard product shall be furnished and installed.
In the event this contract requires trench excavation, the requirement of Fla. Stat. 553.60, et seq., shall be adhered to by all Contractors. Every Contractor shall provide a certification on the form provided and other required documentation.
The City hereby notifies all Bidders that W/MBE’s are to be afforded a full opportunity to participate in any bid by the City and will not be subject to discrimination on the basis of race, color, sex or national origin. The City asks that Bidders make good faith efforts to use qualified W/MBE subcontractors in preparing their bid. The W/MBE’s must be identified as such on the subcontractors list. If a Bidder makes a good faith effort to find and utilize qualified W/MBE subcontractors, but is not successful, they have fulfilled the Good Faith Effort required. Good Faith Effort shall be described as the effort put forth by bidders on construction bids to solicit prices from women/ minority contractors.
Contractor agrees and understands that the contract 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.
Unless otherwise stated in this document unit prices will be utilized to adjust the total compensation due the successful Bidder based on actual quantities provided as part of the Work and verified by the City. Significant changes in quantities, including deletion of any particular item are possible. Negotiation of unit prices shall not be allowed except under conditions of Force Majeure, where those conditions are sufficiently documented to the full satisfaction of the City. No other claim to negotiate unit prices will be considered.
It is the intention of the City that the Contractor’s personnel proposed for the contract will be available for the contract term. In the event the Contractor wishes to substitute personnel, he shall propose personnel of equal or higher qualifications and all replacement personnel are subject to City approval. In the event substitute personnel are not satisfactory to the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Contract for cause.
In accordance with Florida Statute 255.20 (3), the City specifies that lumber, timber, and other forest products used for this project shall be produced and manufactured in the state of Florida if such products are available and their price, fitness, and quality are equal. This requirement does not apply to plywood specified for monolithic concrete forms, if the structural or service requirements for timber for a particular job cannot be supplied by native species, or if the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. The Bidder affirms by submitting a bid response to this solicitation that they will comply with section 255.20 (3) Florida Statutes.
After the Commission Board and/or City Manager has approved the Bidder’s executed contract and prior to the start of construction, a joint meeting may be held with representatives of the successful Bidder, the City and other invited parties or government agencies which may be affected by or have jurisdiction over the Work.
The award of this bid does not constitute an order. Before shipments or service is provided, the contractor shall receive a signed Purchase Order or Purchase Order number. In some cases, contractors shall be issued blanket orders. In this case shipments shall be specified on the order.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload with your bid submittal per Section 2: Instruction to Bidders - Bid Submittals - Documents & Forms.
The following Exhibits are provided for informational purposes only and will be requested only from the contractor awarded the project per Section 2: Instructions to Bidders.
Bid Bond is required for all construction projects over $150,000, unless waived by the City.
Performance and Payment Bonds are required for all construction projects over $250,000, unless waived by the City.
If the project is grant funded, please be sure to select the specific grant. If there's corresponding grant documents, please be sure to upload as an attachment or forward to Procurement via email.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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