Active SLED Opportunity · FLORIDA · CITY OF BARTOW, FL

    Underground Facilities Line Locating Services

    Issued by City of Bartow, FL
    cityRFPCity of Bartow, FLSol. 253268
    Open · 5d remaining
    DAYS TO CLOSE
    5
    due Apr 29, 2026
    PUBLISHED
    Apr 10, 2026
    Posting date
    JURISDICTION
    City of
    city
    NAICS CODE
    237130
    AI-classified industry

    AI Summary

    The City of Bartow, FL seeks qualified firms to provide underground electric utility locating services for its electric distribution system. Services include locating, marking, ticket management, and compliance with Florida statutes and Sunshine 811. Bids due April 29, 2026.

    Opportunity details

    Solicitation No.
    253268
    Type / RFx
    RFP
    Status
    open
    Level
    city
    Published Date
    April 10, 2026
    Due Date
    April 29, 2026
    NAICS Code
    237130AI guide
    Jurisdiction
    City of Bartow, FL
    State
    Florida
    Agency
    City of Bartow, FL

    Description

    The City of Bartow, Florida (City”) is actively seeking bids from qualified and experienced companies to provide underground electric utility locating services for the City of Bartow Electric Department. The selected company shall provide line locating services for the City’s electric distribution system in accordance with Florida Statutes, Chapter 556, and Sunshine 811 policies and procedures. Services include locating and marking underground electric infrastructure, responding to Sunshine 811 tickets, and providing related ticket management and documentation services.

    Background

    The City of Bartow Electric Department operates a 12.47 kV / 7.2 kV underground and overhead electric distribution system serving residential, commercial, and municipal customers throughout the City. The City’s distribution system includes primary and secondary cables, conduits, service laterals, streetlight circuits, and related electrical infrastructure.

    Accurate identification and marking of underground electric facilities is critical to ensuring the safety of workers, contractors, and the public, as well as preventing damage to the City’s infrastructure. Improper or missed locates can result in service interruptions, costly repairs, and safety hazards.

    The purpose of this project is to engage a qualified company to provide professional underground electric utility locating services that support safe excavation, maintenance, and expansion of the City’s electric distribution system. The City intends to establish a reliable, consistent locating process that ensures compliance with Florida Statutes, Chapter 556, and Sunshine 811 One-Call requirements.           

    The goals of this project include:

    • Ensuring the accurate identification and documentation of underground electric utilities.
    • Supporting safe and efficient maintenance, construction, and excavation activities.
    • Maintaining reliable electric service to the City’s customers.
    • Improving record-keeping and data management related to underground infrastructure

    This project reflects the City’s commitment to public safety, operational reliability, and regulatory compliance, and provides a framework for contractors to deliver accurate and timely underground utility locating services.

    Project Details

    • Reference ID: ITB 26-12
    • Department: Purchasing
    • Department Head: Danielle Rose (Purchasing Manager)

    Important Dates

    • Questions Due: 2026-04-21T20:00:00.000Z

    Meetings & Milestones

    EventDateLocation
    Bid Opening2026-05-06T18:00:00.000ZIn person: 450 N. Wilson Ave., Bartow, FL 33830 or via Teleconference at +1 872-256-4257,,312519811#

    Addenda

    • Addendum #1 (released 2026-04-22T12:30:55.486Z) —

      NOTICE BID DUE DATE EXTENSION

    Evaluation Criteria

    • Independent Vendor

      The Bidder represents itself to be an independent vendor offering such services to the general public and shall not represent itself or its employees to be employees of the City of Bartow. Therefore, the Bidder shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Bartow, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters

    • Bid Schedule
      ITB Solicitation Issued:April 10, 2026
      Question Submission Deadline:April 21, 2026, 4:00pm
      Bids Due:May 6, 2026, 2:00pm
      Bid Opening (Non-Mandatory):May 6, 2026, 2:00pm

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

    • Overview

      The City of Bartow, Florida (City”) is actively seeking bids from qualified and experienced companies to provide underground electric utility locating services for the City of Bartow Electric Department. The selected company shall provide line locating services for the City’s electric distribution system in accordance with Florida Statutes, Chapter 556, and Sunshine 811 policies and procedures. Services include locating and marking underground electric infrastructure, responding to Sunshine 811 tickets, and providing related ticket management and documentation services.

    • Purpose of Solicitation

      The City of Bartow, Florida (City”) is actively seeking bids from qualified and experienced companies to provide underground electric utility locating services for the City of Bartow Electric Department. The selected company shall provide line locating services for the City’s electric distribution system in accordance with Florida Statutes, Chapter 556, and Sunshine 811 policies and procedures. Services include locating and marking underground electric infrastructure, responding to Sunshine 811 tickets, and providing related ticket management and documentation services.

    • Bid Submission

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

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

      All bids shall remain exempt from disclosure, including bid amounts, until recommendation of award or 30 days after bid opening, whichever event occurs first. Should the City reject all bids, before the recommendation of award or 30 days after bid opening, and concurrently provide notice of the City’s intent to reissue the bid, the rejected bids will remain exempt from Florida Statute 119.07 until such time as the City provides notice of recommendation of award of the reissued bid or until the City withdraws the reissued bid. The bid is not exempt for longer than 12 months after the notice of rejection of all bids.

    • City Background Information

      The City of Bartow Electric Department operates a 12.47 kV / 7.2 kV underground and overhead electric distribution system serving residential, commercial, and municipal customers throughout the City. The City’s distribution system includes primary and secondary cables, conduits, service laterals, streetlight circuits, and related electrical infrastructure.

      Accurate identification and marking of underground electric facilities is critical to ensuring the safety of workers, contractors, and the public, as well as preventing damage to the City’s infrastructure. Improper or missed locates can result in service interruptions, costly repairs, and safety hazards.

      The purpose of this project is to engage a qualified company to provide professional underground electric utility locating services that support safe excavation, maintenance, and expansion of the City’s electric distribution system. The City intends to establish a reliable, consistent locating process that ensures compliance with Florida Statutes, Chapter 556, and Sunshine 811 One-Call requirements.           

      The goals of this project include:

      • Ensuring the accurate identification and documentation of underground electric utilities.
      • Supporting safe and efficient maintenance, construction, and excavation activities.
      • Maintaining reliable electric service to the City’s customers.
      • Improving record-keeping and data management related to underground infrastructure

      This project reflects the City’s commitment to public safety, operational reliability, and regulatory compliance, and provides a framework for contractors to deliver accurate and timely underground utility locating services.

    • Subcontractors

      If the Bidder proposes using subcontractors in the course of providing these services to the City, this information shall be disclosed at the time of engagement. Such information shall be subject to review, acceptance, and approval of the City, prior to any work authorization.  The City reserves the right to approve or disapprove of any subcontractor proposed to perform work for the City.

    • F.O.B. Destination

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

    • Addenda, Changes and Interpretations

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

      Addenda Notification: Bidders are required to register for an account via the City's e-Procurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/bartowfl.

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

    • Minimum Required Services
      • Provision of underground electric utility locating services in support of the City’s participation in Sunshine 811.
      • Capability to respond to routine and emergency locate requests within required timeframes.
      • Identification, verification, and marking of underground electric infrastructure in accordance with applicable standards and industry practices.
      • Maintenance of systems necessary for ticket tracking, field documentation, and required reporting.
      • Use of qualified personnel, equipment, and technology appropriate for electric distribution locating operations.
      • Compliance with applicable safety requirements, statutes, and Sunshine 811 rules and procedures.
      • Collection and maintenance of required field data, including GPS information, in support of contract requirements.
      • Coordination with City personnel and excavators to facilitate locate activities and field access.
      • Investigation and reporting of locating errors, damages, or related incidents as required by the City.
    • Multiple Bids

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

    • Packaging

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

    • Detailed Scope of Services

      1. Duties and Responsibilities

      Staffing and Equipment

      • Company shall provide sufficient qualified staff, office, and field equipment, including computers and communications equipment, compatible with the Sunshine 811 One Call Ticket Management System.

      • Transportation and supplies shall be sufficient to fulfill the duties under this contract.

      Receiving and Recording Tickets

      • Company shall receive and record locate requests from Sunshine 811 during business hours (8:00 a.m. – 5:00 p.m., Monday through Friday).

      • After-hours and emergency locate capability is required.

      Locating Equipment and Technology

      • Company shall use current equipment and technology to locate and mark the City’s underground electric systems.

      • All locating equipment must be approved by the City and suitable for energized conductors, conduit systems, and appurtenances.

      Field Personnel Requirements

      • Field personnel must have laptops or portable electronic devices capable of digital data management, wireless access, and receiving emergency notifications.

      • Personnel shall be capable of viewing CAD (Computer Aided Design), GIS (Geographic Information System), and map data for accurate facility locations.

      GIS and Mapping

      • The City may provide GIS data for known underground facilities.

      • Company is responsible for locates in areas where GIS maps indicate existing infrastructure.

      • Accuracy is critical; company is not responsible for unmarked systems not shown on City-provided maps.

      Record-Keeping

      • Company shall maintain records supporting invoicing and statutory requirements.

      • Records must follow the contract’s retention schedule.

      Site Visits and Ticket Management

      • Company shall arrange with excavators for locate requests.

      • Standard locates must be completed within two (2) business days; emergencies within two (2) hours.

      • Each locate requires a field visit and visual examination.

      • Marking shall follow APWA (American Public Works Association) Uniform Color Codes: RED for electric facilities, paint on paved surfaces, flags on unpaved areas.

      Emergency Locates

      • Company shall respond within two (2) hours to emergency requests during non-business hours.

      • Response includes on-site presence with appropriate equipment.

      Positive Response and Unable to Locate

      • Company shall submit a positive response for every ticket in Sunshine 811 within four (4) hours of completion.

      • If a facility cannot be located, company shall notify the City, mark hand-dig advisory locations, and provide a written explanation.

      Facility Damage Investigation

      • Company shall investigate all suspected locate errors and submit written reports to the City within seven (7) calendar days.

      • Records of investigations must be retained for three (3) years.

      Additional Services

      • Company may provide site surveillance or maintenance of markings if approved by the City.

      • Company may decline requests deemed impractical due to distance or access.

      GPS and Mapping Data

      • Company shall capture GPS (Global Positioning System) coordinates for locates using NAD 83 (North American Datum of 1983) with sub-meter accuracy.

      • For vacuum excavation, one GPS point per facility; multiple points for long segments as required.

      • Twice per year, electronic GPS data must be provided to the City.

       

      2. Performance Standards

      Response Time Compliance

      • 98% of normal tickets must be completed within two (2) business days per month.

      • 100% of emergency tickets must be completed within two (2) hours.

      • Positive responses must be submitted for 98% of tickets per month.

      Locate Accuracy

      • Markings shall follow tolerance zones defined by Florida Statute 556.

      • Company shall maintain a high locate accuracy rate; corrective action may be required if facility damages exceed two (2) incidents in 12 months.

      Monthly Reporting

      • Company shall provide monthly reports to the City by the 10th day of the following month.

      • Reports shall include total tickets received, completed, emergency response times, Unable to Locate occurrences, and facility damage investigations.

    • Taxes

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

    • Variances

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

    • Minimum Qualifications

      1. Company Experience

      • Minimum five (5) years of continuous underground utility locating experience, including electric distribution.

      • Experience locating 12 kV class electric systems or equivalent.

      • Proven experience with Sunshine 811 in Florida, in good standing.

      • At least one municipal, county, or investor-owned utility project in Florida in the last five (5) years. References required.

      2. Personnel Qualifications

      • All personnel must complete City-required safety orientations before starting work.

      • Personnel shall comply with OSHA, NESC, and City safety policies near energized facilities.

      • Documentation of training and certifications must be provided upon request.

      3. Equipment Requirements

      • Company shall maintain electromagnetic induction-based locating equipment capable of detecting energized and de-energized conductors and metallic conduit systems.

      • Equipment must be calibrated per manufacturer specifications, calibration records available to the City.

      • Access to ground-penetrating radar (GPR) or equivalent technology for congested areas.

      4. Subcontractor Requirements

      Subcontractors for primary locate services require written approval from the City. Approved subcontractors must meet all minimum qualifications of the company.

    • Omission of Details

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

       

    • Prices

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

    • Invoices

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

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

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

    • Mistakes

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

    • Bidder’s Cost

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

    • Discounts

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

    • Rejection of Bids

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

    • Payments

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

    • Qualifications Statement

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

       

    • Manufacturer’s Name

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

    • Licenses and Certifications

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

    • Safety Standards

      Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act (OSHA) and carry evidence of Underwriters Laboratories’ Listings (UL).

    • Insurance

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

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

    • Toxic Substances

      Chapter 442 of the Florida Statue states that manufacturers, importers or distributors of any toxic substance shall prepare and provide each direct purchaser of such toxic substance with Material Safety Data Sheet(s), herein referred to as MSDS, which to the best of the manufacturer’s, importer’s or distributor’s knowledge, is current, accurate and complete based on information then reasonably 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.

    • Specifications

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

    • Indemnification

      The Vendor shall at all times indemnify, hold harmless and, at the City’s option, defend or pay for an attorney selected by the City to defend the City of Bartow, its  officers, agents, servants, and  employees  from and  against any and all causes of action, demands, claims, losses,  liabilities and expenditures of any kind,  including  attorney fees, court costs,  and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of the Vendor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of any ensuing contract including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature  whatsoever resulting from injuries or damages sustained by any person or property.  In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action or demand, the Vendor shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City of, at City’s option, pay for an attorney selected by the City to defend the City of Bartow.  The provisions and obligations of this section shall survive the expiration or earlier termination of any ensuing contract.   To the extent considered necessary by the City, any sums due Vendor under any ensuing contract may be retained by City until all of the City’s claims for indemnification pursuant to the Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the City.

    • Legal Requirements

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

    • Estimated Quantities

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

    • Cone of Silence

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

      • A Cone of Silence shall be in effect beginning upon the advertisement for requests for qualifications. The Cone of Silence shall terminate at the time the City awards one or more contracts for services or takes other action which ends the Competitive Solicitation.
      • Any person or entity that seeks a contract award or that is subject to being evaluated or having its response evaluated in connection with this solicitation, including a person or entity’s representative, shall not have any communication with any City Commissioner, City management or their respective support staff or any person or group of persons appointed or designated by the City Manager to evaluate or make a recommendation relating to a contract award.
      • The Cone of Silence shall not apply to written or oral communications with legal counsel for the City, the City's Purchasing Department, or the City’s single point of contact.
      • Any action in violation of this section shall be cause for disqualification of the bid.  The determination of a violation shall be made by the City.

      • Information and materials received by the City in connection with a Bidder’s response shall be deemed to be public records subject to public inspections. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S.  Section 119.07, F.S. provides an exemption from public records law for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the bids, proposals, or final replies, whichever is earlier.

    • Bid Price Increases

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

        1. If the BLS increase does not adequately meet the awardee’s needs and the awardee is unable to honor the submitted pricing, the awardee must notify the City at least sixty (60) days prior to the end of the term or service year period. Upon such notice, the City will determine whether to forgo exercising the renewal options and instead rebid the services to allow bidders an opportunity to update pricing based on current economic conditions. Alternatively, if the awardee can demonstrate a substantiated financial burden placed upon them by current economic circumstances, the City may negotiate revised renewal rates with the supplier.

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

    • Confidential Information

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

    • Bid Term

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

    • Bid Extension

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

    • Public Records

      Vendor acknowledges the City’s obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to member of the public upon request.  Vendor acknowledges that the City is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, in the handling of the materials created under this contract and that said statue controls over the terms of this contract.  Vendor further acknowledges its obligation under Florida Statute 11930701, which include the requirements to a) keep and maintain public records required by the City to perform the service, b) upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law, c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Vendor does not transfer the records to the City, and d) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of Vendor, or keep and maintain public records required by the City to perform the City.  If Vendor transfers all public records to the City upon completion of the Contract, Vendor shall destroy and duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.  If Vendor keeps and maintains public records upon completion of the Contract, Vendor shall meet all applicable requirements for retaining public records.  All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the IT systems of the City.  A request to inspect or copy public records relating to the City’s contract for services must be made directly to the City.  If the City does not possess the requested records, the City shall immediately notify Vendor of the request, and Vendor must provide the records to the City or allow the records to be inspected or copied within a reasonable time.  NOTE:  If Vendor does not comply with the City’s request for records, the City shall enforce the Contract provisions in accordance with the Contract.  A Vendor who fails to provide the public records to the City with a reasonable time may be subject to the penalties under 119.10.

      IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:  CITY OF BARTOW, CITY CLERK’S OFFICE, 863-534-0100, JPOOLE.CLERKS@CITYOFBARTOW.NET; 450 N. WILSON AVENUE, BARTOW, FLORIDA  33830.

    • Placing of Orders

      The award of this bid does not constitute an order.  Before shipments or service is provided, the vendor shall receive a signed Purchase Order or Purchase Order number.  In some cases, vendors shall be issued blanket orders.  In this case shipments shall be specified on the order.

    • Public Entity Crimes

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

    • Laws of the State of Florida

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

       

    • Performance

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

    • Sovereign Immunity

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

    • Conflict of Interest

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

    • Venue

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

    • Patents and Royalties

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

    • Anti-Collusion

      The Bidder certifies that it has not divulged, discussed, or compared its bid with other bidders, except subcontractors if they form part of the response and has not colluded with any other bidders or parties to a bid whatsoever.  No premiums, rebates or gratuities are permitted either with, prior to or after any delivery of material or service.  Any violation of this provision will result in the immediate cancellation of any contract and removal from the bidder’s list.

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

    • Samples

      Samples of items, when called for, must be furnished free of expense and may, upon request, be returned at the bidder’s expense. Each individual sample must be labeled with bidder’s name, manufacturer’s brand name and number, bid number and item reference. Samples of successful bidder’s items may remain on file with the Purchasing Department for the term of the contract. Request for return of samples shall be accompanied by instructions, which include shipping authorization and name of carrier, and must be received within ninety (90) days after bid opening date. If instructions are not received within this time, the Purchasing Department shall dispose of the samples.

    • Inspection, Acceptance and Title

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

       

    • Conflict of Interest

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

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

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

    • No Contingent Fee

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

    • Insurance Requirements

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

      WORKERS’ COMPENSATION:

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

      COMMERCIAL GENERAL LIABILITY – OCCURRENCE FORM REQUIRED:

      Awardee shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000 each occurrence.  If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000. Products and completed operations aggregate shall be $1,000,000.  CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent vendors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x,c,u) exposures, personal injury and advertising injury.  Fire damage liability shall be included at $100,000.

      COMMERCIAL AUTOMOBILE LIABILITY INSURANCE:

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

      EVIDENCE OF INSURANCE:

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

    • Drug-free Workplace

      This form shall be included with your bid.

    • Entire Agreement

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

    • Assignment

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

    • Bid Protest

      Any bidder desiring to file a bid protest, with respect to a recommended award of any bid, shall do so by filing a written protest. The written protest must be in possession of the Procurement Department within three (3) working days of the Notice of Recommended Award posting date. All bidders who bid will be sent a Notice of Recommended Award, unless only one bid is received. A copy of the bid protest procedures may be obtained from the City of Bartow’s website: https://www.cityofbartow.net/431/Protest-Procedures.

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

    • Default and Termination/Suspension

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

      1. Termination for Cause

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

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

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

      2. Termination for Convenience

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

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

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

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

      3. Cancellation for Unappropriated Funds

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

    • Code of Ethics

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

    • Non-Exclusivity

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

       

    • Advertising

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

    • Truth-in-Negotiation Certificate

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

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

    • Standard of Care

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

    • Local Vendor Preference

      A purchasing preference shall be afforded to local vendors in accordance with the following criteria:

      1. When sealed bids (less than $500,000.00) are solicited, and the lowest price is offered by a vendor located outside the BUSA, and the next lowest price is offered by a vendor located within the BUSA, and is within ten percent of the lowest price offered, then the BUSA vendor shall be given the opportunity to match the lowest price offered.  If the BUSA vendor agrees to match the lowest price offered, the BUSA vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.

      2. When sealed bids ($500,000.00 or more, but less than $1,000,000.00) are solicited, and the lowest price is offered by a vendor located outside the BUSA, and the next lowest price is offered by a vendor located within the BUSA and is withing seven and one-half percent of the lowest price offered, then the BUSA vendor shall be given the opportunity to match the lowest price offered.  If the BUSA vendor agrees to match the lowest price offered, the BUSA vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.

      3. When sealed bids ($1,000,000.00 or more) are solicited, and the lowest price is offered by a vendor located outside the BUSA, and the next lowest price is offered by a vendor located within the BUSA, and is within five percent of the lowest price offered, then the BUSA vendor shall be given the opportunity to match the lowest price offered.  If the BUSA vendor agrees to match the lowest price offered, the BUSA vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.

      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.

    • Vendor Preference

      A purchasing preference shall be afforded to Veteran Business Enterprises (VBE), and Women/Minority Business Enterprises (W/MBE) in accordance with the following criteria:

      1. When sealed bids (less than $500,000.00) are solicited, and the lowest price is offered by a non VBE or W/MBE, and the next lowest price is offered by a VBE or W/MBE, and is within ten percent (10%) of the lowest price offered, then the VBE or W/MBE vendor shall be given the opportunity to match the lowest price offered. If the VBE or W/MBE vendor agrees to match the lowest price offered, the VBE or W/MBE vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.

      2. When sealed bids ($500,000.00 or more, but less than $1,000,000.00) are solicited, and the lowest price is offered by a non VBE or W/MBE, and the next lowest price is offered by a VBE or W/MBE and is within seven and one-half percent (7.5%) of the lowest price offered, then the VBE or W/MBE vendor shall be given the opportunity to match the lowest price offered. If the VBE or W/MBE vendor agrees to match the lowest price offered, the VBE or W/MBE vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.

      3. When sealed bids ($1,000,000.00 or more) are solicited, and the lowest price is offered by a non VBE or W/MBE, and the next lowest price is offered by VBE or W/MBE, and is within five percent (5%) of the lowest price offered, then the VBE or W/MBE vendor shall be given the opportunity to match the lowest price offered. If the VBE or W/MBE vendor agrees to match the lowest price offered, the VBE or W/MBE vendor will be awarded the bid if they are otherwise fully qualified and satisfy all related city requirements.

      4. The term “Veteran-Owned Business Enterprise (VBE)” means any business having at least fifty-one (51%) ownership by a veteran owner who must have been honorably discharged from service and must independently control management and daily business operations. Must hold the professional license for the business, if applicable. 

      The term “Women/Minority-Owned Business Enterprise (W/MBE)” means any business having at least fifty-one (51%) ownership by women or minority group members who independently control the management and daily business operations. Group members are Women, African Americans, Hispanic Americans, Asian Americans, and Native Americans. Must hold the professional license for the business, if applicable.

      In order for a vendor to be recognized as a VBE or W/MBE by the City the following documentation must be submitted with the vendor’s registration through the City’s e-procurement system and/or such documentation must be submitted with their quote or bid submission: 

      • Valid Veteran or W/MBE Certification form from one of the following:

      • U.S. Small Business Administration 

      • National Veteran Owned Business Association

      • Florida Minority Supplier Development Council

      • Women Business Enterprise National Council 

      • The State of Florida Office of Supplier Diversity 

      • Florida Department of Transportation

      • Other Florida governmental agencies 

      A 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.

      This policy in no way supersedes the Local Preference Policy.

    • Annual Appropriations

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

    • Force Majeure (Uncontrollable Forces)

      Either party hereunder may be temporarily excused from performance if an Event of Force Majeure directly or indirectly causes its nonperformance. An “Event of Force Majeure” is defined as any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall be excused from performance if nonperformance is due to forces which are reasonably preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied prior to, during, or immediately after their occurrence. Within five (5) days after the occurrence of an Event of Force Majeure, the non-performing party shall deliver written notice to the other party describing the event in reasonably sufficient detail, along with proof of how the event has precluded the non-performing party from performing its obligations hereunder, and a good faith estimate as to the anticipated duration of the delay and the means and methods for correcting the delay. The nonperforming party’s obligations, so far as those obligations are affected by the Event of Force Majeure, shall be temporarily suspended during, but no longer than, the continuance of the Event of 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.

    • Employment Eligibility Verifications (E-Verify)

      A. Unless otherwise defined herein, terms used in this Section which are defined in Section 448.095, Florida Statutes, as may be amended from time to time, shall have the meaning ascribed in said statute.

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

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

       

    • Attorney’s Fee and Cost

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

    • Scrutinized Companies and Business Operations Certification; Termination

      A. Certification(s). 

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

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

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

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

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

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

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

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

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

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

    • Change Orders

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

      1. Any additions, deletions, or modification similar in cost or material after bid award will need to be signed off by both the user division and the successful vendor. Price for any additions, deletions, or modifications to the bid will be negotiated and agreed upon by both parties. All agreed upon additions, deletions, or modifications will also require the Purchasing Manager’s (or designee) approval. If the addition, deletion or modification is accepted an amendment to the Bid award will be issued to the successful Bidder.

    • Tie Bids

      Procurement shall make award of all tie bids. In accordance with Florida law, a firm which is a drug-free workplace shall have precedence. In the event that both or neither firm is a drug-free workplace, tie bids may be awarded to one of the bidders based on any of the criteria listed below (in descending order), or as otherwise directed by Procurement to comply with all of the provisions of the Procurement Manual.

      • Where tie bids are between bidders, one of which is a business whose principal place of business is located in the Bartow utility service area and the other bidder is not, the recommended award shall be to the bidder located in the Bartow utility service area. 

      • Where tie bids are between bidders, one of which is a business whose principal place of business is located in Bartow and the other bidder is not, the recommended award shall be to the bidder located in Bartow. 

      • Availability or completion period. 

      • Previous vendor record on similar projects or requirements. 

      • Business location closest to Bartow.

      • W/MBE status

    • Effective Date

      The date of issuance of a Notice to Commence via Purchase Order by the City Purchasing Department and/ or designated City Staff.

    • Prohibition Against Considering Vendor Interest

      In accordance with Section 287.05701, Florida Statutes, the City may not:

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

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

    • No Construction Against Drafter

      The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Accordingly, any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.

    • No Coercion for Labor or Services

      Contractor acknowledges that Section 787.06 of the Florida Statutes requires each nongovernmental entity that is executing, renewing, or extending a contract with a public governmental entity to provide the governmental entity with an affidavit signed by an officer or authorized representative under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as those terms are defined by law. Contractor agrees to furnish the City with the necessary affidavit signed by an officer or authorized representative of Firm under penalty of perjury at any time and upon request.

    • LETTER OF PUBLIC RECORDS LAW

      Dear Vendor:

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

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

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

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

      1. Requiring the identity of the requestor

      2. Requiring the request for records be in writing

      3. Requiring the reason or purpose of the records request

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

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

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

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

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

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

      Sincerely,

      Jacqueline Poole

      City Clerk

    Submission Requirements

    • Price Submittal (required)
    • Qualification Statement (required)

      Please download the below documents, complete, and upload.

    • REQUIRED FOR HARD COPY ONLY: Addenda Acknowledgement

      Please download the below documents, complete, and upload.

    • Bidder Incorporation Information (required)

      Please download the below documents, complete, and upload.

    • Proposer's Certification Form (required)

      Please download the below documents, complete, and upload.

    • Performance Surveys (DU) (required)
    • Drug Free Workplace Form (required)

      Please download the below documents, complete, and upload.

    • Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (required)

      Please download the below documents, complete, and upload.

    • Certification Regarding Lobbying (required)

      Please download the below documents, complete, and upload.

    • Affidavit Certification Immigration Laws (required)

      Please download the below documents, complete, and upload.

    • E-Verify Certification (required)

      Please download the below documents, complete, and upload.

    • Sworn Statement on Public Entity Crimes (required)

      Please download the below documents, complete, and upload.

    • Non Collusive Affidavit (required)

      Please download the below documents, complete, and upload.

    • Vendor Certification Regarding Scrutinized Companies List (required)

      Please download the below documents, complete, and upload.

    • Affidavit Regarding the Use of Coercion for Labor or Services (required)

      Please download the below documents, complete, and upload.

    • References (required)

      Please download the below documents, complete, and upload.

    • Submission Process (required)
    • Pricing Table (required)

    Questions & Answers

    Q (Ticket Numbers): Could the City of Bartow please supply the annual ticket volume for the past three years (2023–2025)? Please include normal, emergency, and after-hours emergency calls.

    A: The total ticket volume for the past three years (2023–2025) is 10,535. This includes normal, emergency, and after-hours emergency calls.


    Q (811 Locates 2025): Could you provide the count of 811 locates for 2025?

    A: The total number of 811 locates for 2025 is 2,246.


    Q (Locate Question): How many tickets were received in 2025?

    A: A total of 3,697 tickets were received in 2025.


    Q (Performance Surveys): Under the Response tab, you are requiring performance surveys to be uploaded in Question 5. Please advise if you have a form you wish to use and whether this is in addition to the reference's requirement.

    A: Performance surveys are not required for this ITB. Please disregard this requirement under the response tab. Only the references requirement applies.


    Key dates

    1. April 10, 2026Published
    2. April 29, 2026Responses Due

    AI classification tags

    Frequently asked questions

    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.

    SamSearch Platform

    Stop searching. Start winning.

    AI-powered intelligence for the right opportunities, the right leads, and the right time.