1-19-ITB-26 Laboratory Testing Services.pdf

INVITATION TO BID

19-ITB-26

Laboratory Testing Services

Bid Release Date:

December 16, 2025

Deadline for Questions

January 16, 2026 @ 5:00 PM

Bid Due Date:

February 3, 2026 @ 9:00 AM

Bid Open Date:

February 3, 2026 @ 10:30 AM

Contact Information

Kelly Gutierrez, Procurement Agent I 120 Malabar Road SE Palm Bay, FL 32907

321-952-3424

Laboratory Testing Services Bid # 19-ITB-26

TABLE OF CONTENTS

TABLE OF CONTENTS ___________________________________________________________ 2

CHECK LIST OF MINIMUM REQUIRED SUBMITTALS _______________________________ 3

NOTICE TO BIDDERS ____________________________________________________________ 5

AGENCY OVERVIEW ____________________________________________________________ 6

SCOPE OF WORK _______________________________________________________________ 6

STANDARD TERMS AND CONDITIONS ___________________________________________ 12

FORMS ________________________________________________________________________ 18

BID FORM _____________________________________________________________________ 19

REFERENCES __________________________________________________________________ 21

BIDDER’S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT __________________ 22

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER _________________________________ 24

DRUG FREE WORKPLACE PROGRAM ___________________________________________ 25

HUMAN TRAFFICKING AFFIDAVIT _______________________________________________ 26

DRAFT AGREEMENT ___________________________________________________________ 27

CHECK LIST OF MINIMUM REQUIRED SUBMITTALS

This “Standardized Check List” has been provided to assist the Bidder with the submission of their Bid package. This Check List cannot be construed as identifying all required submittal documents for this project. Bidders remain responsible for reading the entire Bid document to ensure that they are in compliance.

The City, in its sole discretion, reserves the right to reject any and all Bids, to waive any and all formalities and reserves the right to disregard all nonconforming, non-responsive or incomplete Bids. The City specifically reserves the absolute right to determine the seriousness of any bidder’s failure to specifically conform to the requirements of the Bid document. Bidders cannot utilize the City’s determination of the seriousness of any specific non-conformance as a basis to protest the award of any Bid. Bids may be considered subject to rejection if in the sole opinion of the City: there is a serious omission, unauthorized alteration of form, an unauthorized alternate Bid, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject, as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of Addenda as prescribed.

Bid packages shall be submitted via the City of Palm Bay’s Bonfire website. Receipt of Bids will be officially closed after time and date identified herein. Bids received after the specified time and date will not be accepted. The City will not be responsible for technical difficulties, internet connectivity issues, email server issues or any other delivery issues or delays.

Electronic copies will be considered late if the received day/date/time in the City of Palm Bay’s Bonfire website is after the time and date identified herein.

YES NO N/A

Complete Electronic PDF submittal

Acknowledged Addenda

Bid Form

Reference Form

Insurance Requirements

Non-Collusion Affidavit

Drug Free Workplace

Human Trafficking Affidavit

Copies of Certification-Florida FDOH Certifications for current fiscal year (July 1- June 30)

Copies of FDOH Performance Evaluations for past 2 yrs

Proof of Certification and approval status – (NELAP) from (ELCP)

Company Name:

DBA, if applicable

FEIN:

Street Address:

City, State, Zip Code:

Phone Number:

Email Address:

Authorized Signature:

Printed Name:

Title:

Date:

NOTICE TO BIDDERS

Notice is hereby given that sealed Bids in the form of an electronic PDF submittal for furnishing all labor, materials, equipment, tools, and supervision to perform for:

Laboratory Testing Services

19-ITB-26

will be received via the City of Palm Bay’s Bonfire website, no later than Tuesday, February 3, 2026, at 9:00 AM. Bids received after the above time and date will not be accepted. Any uncertainty regarding the time a Bid is received will be resolved against the Bidder.

DEADLINE FOR QUESTIONS

Questions are due to the procurement official, through the Bonfire platform, no later than January 16, 2026, at 5:00 PM. Any questions submitted after will be answered at the discretion of the City.

BID OPENING

The Bids will be opened and read aloud in a public meeting which will be conducted on Tuesday, February 3, 2026, at 10:30 AM. The location of the opening and reading will be the Procurement Department, Conference Room, 120 Malabar Road, SE, Suite 200, Palm Bay, FL 32907. Interested parties may attend virtually via Microsoft Teams or telephonically by:

In Microsoft Teams: Meeting ID: 261 523 951 290 23

Passcode: 4xy3ug9p

By Phone: Phone Number: 347-378-4680

Conference ID: 250 071 522#

The public record of the preliminary bid results as read at the public opening can also be requested by calling 321-952-3424 or emailing procurement@palmbayfl.gov. To attend in person, interested parties should check in at the Information Desk in Building A to be escorted to this meeting.

Bids will be received for the project as set forth on the Bid Form, and the award, if made, will be made to the lowest responsible and responsive Bidder whose qualifications indicate the award will be in the best interest of the City of Palm Bay.

Bids shall be:

1. Submitted electronically via the City of Palm Bay’s Bonfire platform.

2. Irrevocable after the time and date for the opening of Bids and for a period of ninety (90) days thereafter.

AGENCY OVERVIEW

The City of Palm Bay, incorporated January 16, 1960, is a political subdivision of the State of Florida. The legislative branch of the City is composed of five elected Council Members, one of which is the Mayor. The City Manager is responsible for the execution of the Council’s established and adopted policy. The City, with a population of over 157,000 residents, is the largest incorporated area in Brevard County.

(Please visit our official website, https://www.palmbayfl.gov).

SCOPE OF WORK

1. GENERAL DESCRIPTION

The City of Palm Bay (“City”) is soliciting bids from qualified and properly certified contractors (“Contractor”) to provide laboratory testing and related professional services necessary to comply with all applicable requirements of the Florida Department of Environmental Protection (FDEP), the United States Environmental Protection Agency (EPA), and other federal, state, and local regulatory authorities.

The Contractor shall provide all services necessary to support the City’s regulatory monitoring, compliance reporting, and data quality objectives for water, wastewater, groundwater, and industrial pretreatment programs.

2. FACILITIES AND PROGRAMS SERVED

Laboratory analyses and related services shall include, but not be limited to, testing associated with the following facilities and programs located within the City of Palm Bay, Brevard County, Florida:

Three (3) wastewater treatment facilities

Two (2) water treatment facilities, including source water wells and the water distribution system, with the option to include a third water treatment facility in the future under this contract

Groundwater monitoring wells

Facilities regulated under the City’s Permitted Industrial Pretreatment Program

3. SCOPE OF SERVICES

A. The Contractor shall furnish all labor, supervision, professional expertise, supplies, consumables, materials, vehicles, tools, and equipment necessary to perform the laboratory services specified herein. All such costs shall be included in the unit prices listed on the Bid Table.

B. The Contractor shall perform all analyses identified in the Bid Table at the required regulatory detection limits. Subcontracting of analytical work is prohibited unless specifically approved in writing by the City on a case-by-case basis to ensure data continuity.

C. All analytical work shall be performed using methods approved by the FDEP, EPA, and/or those published in Standard Methods for the Examination of Water and Wastewater (APHA, AWWA, WEF), as applicable.

D. All sampling, testing, quality control, and reporting activities shall be performed within the required EPA holding times.

E. The City reserves the right to make awards to one or more Contractors if deemed to be in the City’s best interest.

4. BIDDER QUALIFICATIONS

A. Bidders shall be legally qualified and licensed to perform the required services in the State of

Florida and shall have a minimum of five (5) years of experience providing laboratory services to municipal water and wastewater utilities.

B. The Bidder’s primary laboratory facility shall be located within one hundred (100) miles of the City of Palm Bay Utilities Department, North Regional Campus, 1105 Clearmont St. NE, Palm Bay, Florida 32905. All analyses shall be performed at a single laboratory facility unless otherwise approved in writing by the City.

C. Bidders shall be laboratories customarily engaged in providing the services specified herein and shall possess sufficient staffing, equipment, and organizational capacity to perform the work satisfactorily.

D. Bidders shall be certified for the testing of the parameters listed herein as per the requirements set forth in Rule 62-550.550, F.A.C., Certified Laboratories, and in Chapter 64E-1, F.A.C.

Bidders shall hold all required FDOH Environmental Laboratory Certification Program (ELCP) certifications for program-method-analyte combinations and shall submit current fiscal year (July 1 to June 30) certifications and two (2) years of Performance Evaluation results with the bid submittal.

E. Bidders shall maintain NELAP accreditation and operate a quality system compliant with TNI Quality Systems Standards.

F. Bidders shall provide a minimum of three (3) comparable municipal references within the State of Florida.

G. Additional documentation, personnel assignments, and equipment lists shall be provided upon request.

H. Bidder shall have the capability to conduct the tests specified in Drinking Water Standards, Monitoring, and Reporting Rules 62-550.310, 62-550.320, 62-550.405, 62-550.410, and 62- 550.415, F.A.C.

5. CITY RESPONSIBILITIES

A. The City shall collect samples at designated locations unless otherwise specified.

B. Upon contract execution, the City shall provide the Contractor with primary and secondary points of contact.

C. The City shall provide digital copies of current permits and applicable regulatory requirements.

6. CONTRACTOR RESPONSIBILITIES

A. Provision of Services

The Contractor shall provide all laboratory analytical services required under this contract, including all testing of analytes identified on Bid Table in accordance with the terms and conditions of the award.

B. Materials and Chain of Custody The Contractor shall furnish all materials required for sample collection, storage, labeling, transport, and testing. The Contractor shall maintain a complete and continuous chain of custody for all samples upon receipt and throughout performance under this contract.

C. Sample Pickup and Transportation The Contractor shall be solely responsible for the pickup and transportation of all samples from City-designated locations. The City shall not coordinate or authorize sample pickup through UPS, FedEx, or any other third-party carrier.

D. Courier Services If courier services are included in the award, the Contractor shall establish and adhere to a pickup and delivery schedule between the laboratory and the City’s designated locations, or another location approved by the City. Deviations from the approved schedule shall require prior written approval from the Compliance Division designee.

E. Routine Pickup Requirements Routine sample pickup shall occur Monday through Friday, including holidays, between 9:00 a.m. and 2:00 p.m., from the City’s North Regional Campus located at 1105 Clearmont St. NE, Palm Bay, Florida 32905, and the City’s South Regional Campus located at 250 Osmosis Drive, Palm Bay, FL 32909, unless otherwise approved in writing by the Compliance Division designee.

F. Emergency and Weekend Services The Contractor shall provide weekend and emergency services when requested by the City.

Emergency sample pickup shall occur within five (5) to eight (8) hours of notification. All costs associated with emergency or weekend services, including transportation, labor, and materials, shall be the responsibility of the Contractor. The Contractor shall maintain current primary and secondary emergency contact information and provide such information to the City at all times.

G. Regulatory Compliance and Liability The Contractor shall comply with all applicable federal, state, and local laws, regulations, standards, and permit requirements. Any fines, penalties, corrective actions, or costs arising from the Contractor’s failure to comply shall be borne solely by the Contractor.

7. FIELD SAMPLING AND HANDLING REQUIREMENTS

A. Required Standards

All field sampling, collection, and field-testing activities shall strictly comply with the Florida Department of Environmental Protection’s Standard Operating Procedures for Field Activities (DEP-SOP-001/01). No deviation from these procedures shall be permitted without prior written approval from the Compliance Division designee in accordance with Section FA 1000 of DEP-SOP-001/01.

B. Supplies and Equipment The Contractor shall provide and utilize all supplies and equipment necessary for the pickup, handling, transport, and delivery of samples to the laboratory.

C. Personnel Qualifications and Quality Assurance All samples shall be collected and handled by qualified field technicians authorized by the Contractor. Sampling and testing shall be performed in accordance with the Contractor’s approved quality assurance plan and within all applicable EPA holding times.

D. Sample Containers and Kits The Contractor shall provide pre-labeled sample containers, kits, and coolers in serviceable condition. All containers shall be composed of virgin materials and certified or cleaned in accordance with DEP-SOP-001/01. Kits shall include appropriate packing materials to ensure proper storage, preservation, and transport. Containers requiring preservatives shall be properly prepared, sealed, and leak-proof prior to delivery to the City.

E. Sample Preservation and Holding Times The Contractor and, if applicable, the Contractor’s courier service shall be responsible for maintaining proper sample preservation and ensuring that all samples are received, processed, and analyzed within the required EPA holding time limits.

F. Labeling Requirements All sample containers shall be labeled using waterproof labels and permanent markers. Labels shall clearly identify, at a minimum, the site name, City-provided field code, and client name.

G. Packaging and Transport Controls Acid-preserved samples shall be packed upright in clear plastic bags with pH indicator strips and sufficient packing material to prevent movement, leakage, or breakage. All glass containers shall be individually wrapped with protective packing material to prevent damage during transport.

8. RESULTS AND REPORTING

A. City Points of Contact

The City shall provide the Contractor with the names and contact information for designated primary and secondary points of contact. Secondary points of contact may vary based on sampling location and sample type.

B. Immediate Notification of Positive Microbiological Results The Contractor shall immediately notify the City’s primary and appropriate secondary points of contact of any preliminary total coliform or fecal coliform positive results. Confirmation testing shall be performed on all positive fecal coliform results. Immediate notification shall be made by direct telephone communication and follow-up email. Notification by voice mail alone shall not be considered acceptable.

C. Permit Exceedance Notification The Contractor shall notify the City’s primary and secondary points of contact by email within twenty-four (24) hours of the identification of any permit exceedance, including instances in which the sample is undergoing reanalysis or confirmation.

D. Notification of City-Established Action Levels If any analytical result exceeds permit limits or other action levels provided or established by the City, the Contractor shall notify the City’s primary and appropriate secondary contacts by email within twenty-four (24) hours. Certain analytes may require notification at concentrations below permit limits. The City shall provide written notification thresholds for such analytes, and the Contractor shall comply with those requirements upon receipt.

E. Analytical Standards and Data Qualification All analytical results shall be generated in strict accordance with The NELAC Institute (TNI) standards. Any result not produced in full compliance with TNI requirements shall be clearly identified, qualified, and accompanied by written documentation explaining the nature of the deviation and its potential impact on data usability.

F. Routine Reporting Timeframes For routine analyses, the Contractor shall submit complete analytical reports to the City within fourteen (14) working days of receipt of samples, unless an alternative timeframe is approved in writing by the City. If the FDEP requires a change in the sampling frequency or parameters of analysis, the Contractor agrees to perform the changes upon written notice by the city.

G. Report Format and Electronic Data Submission Reports shall be provided in a format approved by the City, including Florida Department of Environmental Protection (FDEP) Discharge Monitoring Report (DMR) formats when applicable.

The Contractor shall be capable of transmitting results electronically in a format designated by the City. If a delay in reporting is anticipated, the Contractor shall notify the City in writing prior to the due date and provide an explanation for the delay and a revised delivery date.

H. Quality Control Documentation Internal laboratory quality control (QC) data shall be included with each report at no additional cost to the City. The Contractor shall be responsible for the professional quality, technical accuracy, and coordination of all data and reports produced. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its reports, data, or other documents. The City must be notified immediately in writing of any errors found with data or reports produced by the Contractor. The Contractor will be required to submit corrected data and any paperwork required by the FDEP, EPA, St. John’s River Water Management District (SJRWMD), or other regulatory agency regarding data errors at no additional cost to the City.

The City reserves the right to reject reports and invoices that do not abide by these specifications and shall not pay for any test until reports are submitted according to these specifications and to the City’s satisfaction. In this event, the City may request a retest to be done at no additional charge.

9. DOCUMENTATION AND RECORDS RETENTION

A. The Contractor shall retain all laboratory and field records for a minimum of five (5) years following completion of work, in accordance with Rules 62-160.240 and 62-160.340, F.A.C.

B. All laboratory reports shall be issued in accordance with TNI requirements and submitted within fourteen (14) working days unless otherwise approved by the City.

C. Reports shall include, at a minimum, all data elements required by Chapter 62-160, F.A.C., including QC linkages, qualifiers, acceptance criteria, corrective actions, and field information.

D. The Contractor shall maintain complete quality control records and make such records available to the City upon request.

E. The Contractor shall maintain all records in compliance with NELAP documentation standards and make such records available for inspection and audit during normal business hours.

10. QUALITY ASSURANCE AND QUALITY CONTROL REQUIREMENTS

All QA/QC activities shall conform to:

Chapter 62-160, F.A.C.

DEP-QA-002/02

TNI Quality Systems (Chapter 5) Standards

Specific requirements for certification, IDOCs, QCC samples, calibration, spikes, blanks, and data qualification shall be met as detailed in the original specifications and fully incorporated herein by reference.

11. AUDITS

A. The City may conduct announced or unannounced audits of laboratory and field activities pursuant to Rule 62-160.650, F.A.C.

B. The Contractor shall cooperate fully with all audits and inspections and provide all requested documentation.

C. Deficiencies identified during audits may result in corrective action, suspension, or termination of the contract.

12. COMPENSATION

A. Compensation shall be based on unit prices multiplied by quantities performed. Unit prices shall include all associated costs.

B. Reanalysis due to laboratory or Contractor error shall be performed at no cost to the City.

C. Costs associated with compromised samples caused by Contractor actions shall be borne by the Contractor.

13. INVOICING

A. Invoices shall reference the applicable line item from the Bid Table.

B. Each test shall be itemized separately.

C. Invoices not conforming to these requirements shall be returned for correction.

14. OTHER REQUIREMENTS

A. The City reserves the right to add additional tests required by regulatory agencies, including but not limited to UCMR testing.

B. The City reserves the right to inspect Contractor facilities for compliance.

C. No additional compensation shall be allowed for services required to meet the specifications herein, except for services directly attributable to City-initiated changes.

STANDARD TERMS AND CONDITIONS

ACCEPTANCE AND REJECTION - The City reserves the right to accept or reject any and all Bids, and to accept the Bid which best serves the interest of the City of Palm Bay. The City may award sections individually or collectively whichever is in its best interest.

ADDENDUM AND AMENDMENTS TO INVITATION FOR BID - If it becomes necessary to revise or amend any part of this Invitation for Bid, the City’s Procurement Department will furnish the revision by written Addendum through the City’s solicitation hosting software linked on the City’s website. Addenda information will be posted online at the City of Palm Bay Procurement website: http://www.palmbayfl.gov/procurement.

Bidders are responsible to ensure they have received all addenda before submitting their bid.

ADDITIONAL TERMS & CONDITIONS - The City reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original conditions and specifications.

AWARD - Award will be made to the lowest and best responsible bidder whose Bid is determined by the City, to be in the best interest of the City.

BID ACKNOWLEDGE - By submitting a Bid, the bidder certifies that he/she has full knowledge of the scope, nature, and quality of work to be performed.

BIDDER EXPENSES - No out of scope services shall be provided in the absence of prior, written authorization in the form of a written supplemental agreement and issuance of an appropriate amendment to the contract. The City will not pay a retainer or similar fee. The City is not responsible for any expenses that bidder may incur in preparing and submitting Bids called for in this request. The City will not pay for any out-of-pocket expenses, such as word processing; photocopying; postage; per diem; travel expenses;

and the like, incurred by the bidder. The City will not be liable for any costs incurred by the bidder in connection with any interviews/presentations (i.e., travel, accommodations, etc.).

CONFLICT OF INTEREST – The Bidder certifies that this Bid has not been arrived at collusively or otherwise in violation of federal, state or local laws. The award of any Contract hereunder is subject to the provision of Chapter 112, Florida Statutes. Bidders must disclose with their Bid the name of any officer, director, partner, proprietor, associate or agent which is also an officer or employees of the City or of its agencies. Bidders must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s firm or any of its branches or affiliate companies.

COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT AGENCIES - The submission of a bid in response to this Invitation for Bids constitutes a contractual agreement, at the option of the Successful Bidder, for the same prices, terms and conditions, to other governmental and quasi-governmental agencies.

DEVIATION FROM SPECIFICATION - Any deviation from specifications must be clearly stated, explained in detail and accepted by the City in writing. Otherwise, items offered are expected to be in strict compliance with specifications and the successful Bidder shall be held accordingly.

DISCRIMINATORY VENDOR LIST - An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Bid for a contract to provide goods or services to a public entity, shall not submit a Bid on a contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Bids for leases of real property to a public entity, shall not award or perform work as a contractor, supplier, subcontractor, or consultant under any contract with any public entity, and shall not transact business with any public entity (Section 287.134(3)(d), Florida Statute).

ECONOMY OF PREPARATION - The Bids should be prepared simply and economically, providing a straightforward, concise description of the Bidders’ ability to fulfill the requirements of the Bid.

E-VERIFY: The awarded Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. E-VERIFY: The awarded Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. Beginning July 1, 2023, private employers with 25 or more employees are required to use the E-Verify system for new employees. The public agency must verify, utilizing the E-Verify system, that the contractor, and any subcontractors have work authorization status of all new employees of the contractor or subcontractor. The public agency MAY NOT ENTER INTO A CONTRACT unless each party to the contract registers with and used the E-Verify system. Contractors must maintain affidavits from sub-contractors as well. If a public agency, contractor, or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated this requirement shall terminate the contract, and if a subcontractor is the violator, the contractor must be ordered to terminate the Agreement.

Contractor is liable for any additional costs incurred by a public agency as a result of the termination of a contract, and the Contractor may not be awarded a public contract for at least 1 year from the date of termination. Public Agency, contractor or subcontractor may file a cause of action with the court to challenge the suspension and requirement to pay costs within 20 calendar days after the date of contract termination.

EX PARTE COMMUNICATION - Ex Parte Communication means any oral or written communication relative to a solicitation, evaluation, award, or contract controversy that occurs outside of an advertised public meeting or occurs with someone other than the Chief Procurement Officer, subject to the exclusions identified in Section 38.21 of the City of Palm Bay Code of Ordinance.

A. Adherence to procedures which ensure fairness is essential to the maintenance of public confidence in the value and soundness of the important process of public procurement. Therefore, any ex parte communication between a bidder, proposer, contractor, or protestant (or its employees, agents, or representatives) and the City (its members, employees, agents, legal counsel, contractors, or representatives) during the selection process and award is strictly prohibited. Ex parte communication is prohibited during the following periods:

(1) From the date of advertising of the solicitation through award of a contract; and

(2) From initiation of a protest of an award or contract through resolution for the parties involved in the protest.

B. Exclusions: This requirement shall not prohibit:

(1) Pre-Bid and Pre-Proposal Meetings: Meetings called or requested by the Chief Procurement Officer and attended by bidders or proposers for the purpose of discussing a solicitation, evaluation or selection process including, but not limited to, substantive aspects of the solicitation document. Such meetings may include, but are not limited to, pre-bid or pre-proposal meetings, site visits to the City’s facilities or property, site visits to bidders’ or proposers’ facilities, interviews/negotiation sessions as part of the selection process, and presentations by proposers or submitting firms. Such authorized meetings shall be limited to topics specified by the Chief Procurement Officer.

(2) Solicitation documents may provide for communications from bidders or proposers to designated Procurement Department staff or discussion at meetings called or requested by the City pursuant to this subsection.

(3) Addressing the City Council regarding non-procurement topics at public meetings.

(4) The filing and processing of a written protest to any proposed award to be made pursuant to the solicitation, evaluation, and selection process. Protest proceedings shall be limited to open public meetings, with no ex parte communications outside those meetings;

(5) Contacts by the City’s current contractors but only in regard to:

i. any work being performed on City projects unrelated to the solicitation, or

ii. any City projects under the prohibited ex parte communications for which the current contractors do not intend to submit a response or have not submitted a response to any solicitation documents for those projects;

(6) Communications between the Chief Procurement Officer or other City representatives and the bidder or contractor for routine matters arising from ongoing projects or contracts previously awarded;

(7) Contacts by bidders and proposers (actual or potential) and the City regarding other projects unrelated to the purchase for which the bidders or proposers (actual or potential) may intend to submit a response or have submitted a response to any competitive solicitation;

(8) Communications between the Chief Procurement Officer and bidders and/or proposers (actual or potential) for matters regarding pending purchases. Written questions shall be made to the named contact person.

(9) Addressing the City Council during the designated agenda item public comment portion of a meeting where the Council is considering award or permission to negotiate on solicitation that a bidder or proposer submitted on.

C. Violation of this provision shall be grounds to: disqualify the violator from the award of the purchase, void any award to or contract with the violator, and/or temporarily suspend or permanently debar the violator from future contracts with the City.

INFORMALITIES - The City of Palm Bay reserves the right to both waive any informality in Bids and to determine, in its sole discretion, whether or not informality is minor.

INFORMATION AND LITERATURE - Bidders are to furnish all information and literature requested. Failure to do so may be cause for rejection.

INTERPRETATIONS - Any questions concerning conditions and specifications shall be directed to the designated buyer. Interpretations, that may affect the eventual outcome of this Bid, will be furnished in writing to all prospective Bidders. No interpretation shall be considered binding unless provided in writing by the City of Palm Bay.

PAYMENT - Upon acceptance of work by using department of the City, employees and others, the City shall make payment to the Contractor in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.

The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor when requested to do so by the using City department. All invoices shall be directed to the Accounts Payable Section, City of Palm Bay, 120 Malabar Road, SE, Palm Bay, FL 32907.

PRICING - If a unit price, when extended, is obviously in error, the incorrect extended price will be disregarded.

PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN

GOVERNMENT CONTRACTING - Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

PUBLIC ENTITY CRIMES - By submission of response to the City’s Invitation for Bid on this project, bidder acknowledges and agrees to the following: A person or affiliate who has been placed on the Convicted Vendor List following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids for leases of real property to a public entity, may not be awarded or perform work as a Successful Bidder, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the Convicted Vendor List (Section 287.133, Florida Statutes).

PUBLIC RECORDS - Sealed bids, Bids or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1) and 24(a) Article I of the State constitution until such time as the agency provides a notice of an intended decision or until 30-days after opening the bids, Bids, or final replies, whichever is earlier.

Certain exemptions to the public records law are statutorily provided for in Section 119.07, Florida Statutes.

If the Bidder believes any of the information contained in his or her response is exempt from disclosure, then the Bidder, must in his or her 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 once that information is determined to be available.

If an agency rejects all bids, Bids, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, Bids, or replies remain exempt from Section 119.07(1) and Section 24(a) of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation, or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12-months after the initial agency notice rejecting all bids, Bids or replies.

The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records law. Specifically, the Contractor shall:

(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 copied 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 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.

The failure of the Contractor to comply with the provisions set forth in this section shall constitute a material breach of Agreement and shall be cause for immediate termination of the Agreement.

If the contractor has questions regarding the application of

Chapter 119 Florida Statutes, to the contractor’ duty to provide public records relating to this contract, contact the custodian of public records at the City of Palm Bay Procurement Department, 120 Malabar Road SE, Suite 200, Palm Bay, Florida 32907; 321-

952-3424 or procurement@palmbayfl.gov.

QUANTITIES - The City reserves the right, in its sole discretion, to increase or decrease total quantities as it deems necessary. Quantities listed on Bid sheet(s) identify anticipated award amounts.

REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION - The bidder shall furnish such additional information/clarification as the City may reasonably require. This includes but is not limited to information that indicates financial resources as well as the ability to provide and maintain the services requested. The City reserves the right to make investigations of the qualifications of the bidder as it deems appropriate, including but not limited to, a background investigation of service personnel.

REQUEST FOR MODIFICATION - The City reserves the right to negotiate a final agreement with the top-ranked bidder to more fully meet the needs of the City.

RESPONDENT/RECOMMENDATION OF AWARD INFORMATION - The Notice of Consideration for Award for Bids will be posted at least five (5) business days in advance of such award. Bidders are responsible to check the following locations for updates on this Bid’s status: on the bulletin board located in the main lobby of the City Hall building at 120 Malabar Road SE, Palm Bay, FL 32907; at the City’s Web Page http://www.palmbayfl.gov/procurement. Notice of Award, Bids currently available, and Tabulation sheets are available Online. Bidders who do not have Internet access, may request a copy of the tabulation by contacting the Procurement Department. (NOTE: information will be provided in accordance with the requirements contained in the section above regarding PUBLIC RECORDS).

RESPONSIBLE BIDDER - A contractor, business entity or individual who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess the full capability, including financial and technical, to perform as contractually required. Must be able to fully document the ability to provide good faith performance.

RESPONSIVE BIDDER - A contractor, business entity or individual who has submitted a bid or Bid that fully conforms in all material respects to the ITB and all of its requirements, including all form and substance.

SCRUTINIZED COMPANY LIST – STATE OF FLORIDA REQUIREMENT -

Sections 287.135 and 215.473, Florida Statutes, prohibit Florida municipalities from contracting with companies, for goods or services over $1,000,000 that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or to engage in any Business operations with Cuba or Syria. Sections 287.135 and 215.4725 also prohibit Florida municipalities from contracting with companies, for goods or services in any amount that are on the list of Scrutinized Companies that Boycott Israel.

The list of “Scrutinized Companies” is created pursuant to Section 215.473, Florida Statutes. A copy of the current list of “Scrutinized Companies” can be found at the following link:

https://www.sbafla.com/reporting/global-governance-mandates/.

The company representative authorized to sign on behalf of the bidder, hereby CERTIFIES that the company identified as the Respondent is not listed on either the Scrutinized Companies with Activities in Sudan List; or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; is not participating in a boycott of Israel; and does not have any business operations with Cuba or Syria.

Authorized representative understands that pursuant to Sections 287.135 and 215.473, Florida Statutes, the submission of a false certification may subject the Respondent company to civil penalties, attorney’s fees, and/or costs.

Bidder/proposer understands and agrees that the City may immediately terminate any contract resulting from this solicitation upon written notice if the company referenced above are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) for any contract for goods or services in any amount of monies, it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars ($1,000,000) or more, it has 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 it is found to have been engaged in business operations in Cuba or Syria.

TAX EXEMPTIONS - The City of Palm Bay is tax-exempt. The City of Palm Bay’s tax-exempt number is 85-8012646361C-4.

TERM - The period of this Agreement shall be for twelve (12) months. This Agreement may, by mutual written assent of the parties, be extended for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months.

TIE BIDS – Award of all ties shall be made by the Chief Procurement Officer in the following order:

§287.087, Florida Statutes which allows a vendor certified as a Drug-Free Workplace to have precedence. Tie Bids for printing shall be awarded in accordance with §283.35, Florida Statutes. If a tie cannot be broken by using Florida Statutes, a local vendor with a principal place of business within Palm Bay, Florida then a local vendor with a principal place of business in Brevard County, Florida will be given preference over a non-local vendor. If all bidders involved are the same class of local bidders, the award shall be determined by drawing lots.

TIME FOR CONSIDERATIONS - Bids will be irrevocable after the time and date set for the opening of Bids and for a period of ninety (90) days thereafter.

TRADE SECRETS - Respondents should not send trade secrets. If, however, trade secrets are claimed by any respondent they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in fact trade secrets. If a respondent fails to submit a claim of trade secrets to the City before obtaining the City’s agreement, any subsequently claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information (F.S. 119.01).

FORMS

Bid Form

References

Insurance Requirements

Non-Collusion Affidavit of Prime Bidder

Drug Free Workplace Form

Human Trafficking Affidavit

BID FORM

Project Identification: 19-ITB-26 Laboratory Testing Services

This Bid is submitted to: Chief Procurement Officer

City of Palm Bay 120 Malabar Road, SE

Palm Bay, Florida 32907

The undersigned declares that, after examining the Bid Documents for the above referenced project, does hereby submit a response to the bid and warrants that:

a) Is an officer of the organization.

b) Is authorized to offer a bid in full compliance with all requirements and conditions, as set forth in the ITB.

c) Has fully read and understands the ITB and has full knowledge of the scope, nature, quantity and quality of the work to be performed, and the requirements and conditions under which the work is to be performed.

d) This bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud.

e) This bid is made without a conflict of interest as described in the City’s Standard Terms and Conditions. If a conflict exists, bidder must disclose with their bid.

f) If the bid is accepted, a Purchase Order and/or Contract will be issued as proposed, subject to any revisions mutually agreed upon by the City and the Bidder.

In submitting this Bid, Bidder represents as more fully set forth in the agreement, that Bidder has examined copies of all the contract Documents and of the following Addenda:

Addendum #: _______ Dated: _______ Addendum #: _______ Dated _______

Addendum #: _______ Dated: _______ Addendum #: _______ Dated _______

The City desires to enter into this Agreement only if in so doing the City can place a limit on the City’s liability for any cause of action arising out of this Agreement. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor expresses its willingness to enter into this Agreement with the knowledge that the Contractor’s recovery from the City to any action or claim arising from the Agreement is limited to a maximum amount of the contract value less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any manner intended either to be a waiver of the limitation placed upon the City’s liability as set forth in Section 768.28, Florida Statutes, or to extend the City’s liability beyond the limits established in said Section; and no claim or award against the City shall include attorney fees, investigative costs, expert fees, suit costs or pre-judgment interest. This section shall not prevent the City from taking corrective action against the Contractor.

SUMMARY OF PAY ITEMS

Pricing must be completed in BID TABLES. The BID TABLES must be submitted within Bonfire. The totals must be transferred to the table below.

ITEM DESCRIPTION

TOTAL FROM

BID TABLE

Total Base Bid $

Company Name:

DBA, if applicable

FEIN:

Street Address:

City, State, Zip Code:

Phone Number:

Email Address:

Authorized Signature:

Printed Name:

Title:

Date:

REFERENCES

Bidder shall provide a minimum of three references, for which they are currently providing this type of service/commodity within the State of Florida.

1. Company Name

Contact Name and Title

Address

Phone Number E-Mail Address

Length of contract or business relationship: Start Date End date

Contract Value $

Description of work provided on this contract

2. Company Name

Contact Name and Title

Address

Phone Number E-Mail Address

Length of contract or business relationship: Start Date End date

3. Company Name

Contact Name and Title

Address

Phone Number E-Mail Address

Length of contract or business relationship: Start Date End date

BIDDER’S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT

STANDARD INSURANCE REQUIREMENTS

Before starting and until acceptance of the work by the City, the Awarded Bidder shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts:

The Certificate of insurance shall be made to the City of Palm Bay, 120 Malabar Rd. SE, Palm Bay FL 32907 and should reference the operation.

Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Palm Bay.

Minimum coverage with limits and provisions are as follows:

A. Commercial General Liability: The Successful Bidder shall provide minimum limits of $1,000,000.00 each occurrence, $2,000,000.00 annual aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, and contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Palm Bay and shall name the City of Palm Bay as an additional insured. The policy of insurance shall be written on an “occurrence” form.

B. Business Automobile: Successful Bidder shall provide minimum limits of liability of $1,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for:

Owned Automobiles Hired Automobiles Non-Owned Automobiles

C. Umbrella/ Excess Liability: Successful Bidder shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of…