INVITATION FOR BID

28-ITB-26

Aquatic Weed Control

Bid Release Date:

February 06, 2026

Deadline for Questions

February 24, 2026 @ 5:00 PM

Bid Due Date:

March 10, 2026 @ 9:00 AM

Bid Open Date:

March 10, 2026 @ 11:30 AM

Contact Information

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

321-952-3424

Aquatic Weed Control Bid # 28-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 ___________________________________________ 11

FORMS ________________________________________________________________________ 17

BID FORM _____________________________________________________________________ 18

REFERENCES __________________________________________________________________ 20

BIDDER’S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT __________________ 21

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER _________________________________ 23

DRUG FREE WORKPLACE PROGRAM ___________________________________________ 24

HUMAN TRAFFICKING AFFIDAVIT _______________________________________________ 25

DRAFT AGREEMENT ___________________________________________________________ 26

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

Proof of Aquatic Weed Control License

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, and equipment for:

Aquatic Weed Control

28-ITB-26

will be received via the City of Palm Bay’s Bonfire website, no later than Tuesday, March 10, 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 Tuesday, February 24, 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, March 10, 2026, at 11:30 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: 221 599 266 653 48

Passcode: Bz6xE7SU

By Phone: Phone Number: 347-378-4680

Conference ID: 245 754 762#

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 web site, https://www.palmbayfl.gov).

SCOPE OF WORK

The City of Palm Bay (“City”) is requesting quotes from qualified suppliers to provide Aquatic Weed Control (herbicide spraying) services at designated waterway locations throughout the City. This solicitation does not constitute a commitment for future purchases, and respondents should not infer any such obligation by the City. The City intends to award this quote to one (1) contractor.

The Contractor shall provide a firm, fixed price per acre for aquatic weed control services. All work shall be performed during the Contractor’s normal hours of operation. The City reserves the right to add or remove locations during the contract term, with pricing adjusted based on the agreed-upon per-acre rate.

Service Requirements Services shall begin in the month the agreement is fully executed and continue on a bi-monthly schedule (six [6] applications per year).

Spray designated acreage as shown on City-provided maps.

Target emerged vegetation, including but not limited to cattails, grasses, and shrubs.

Treat vegetation along the waterline or from the waterline to the high-water mark, depending on water levels. If subsurface vegetation is present, a herbicide specifically designed to treat vegetation below the surface should be used.

Herbicides shall be applied strictly in accordance with label directions, including drying time requirements.

Contractor personnel shall wear all PPE required by the herbicide label during application.

Notification, Reporting, and Inspections Contractor shall provide a minimum 24-hour notice prior to each spray application.

Contractor shall notify the designated City representative upon completion of work.

The City will inspect treated areas within 5–10 days of application.

Any deficiencies identified (e.g., missed areas or new growth) shall be corrected by the

Contractor within five (5) business days at no additional cost.

Contractor shall submit a report for each application identifying the type, quantity, and mixture of herbicides used at each location.

Annual Assessment The Contractor shall perform an annual assessment of treated areas and submit recommendations to the City regarding vegetation species removal, treatment modifications, and any suggested additions or removals of locations.

Compliance Contractors shall demonstrate compliance with all applicable federal, state, and local regulations, including:

Florida Statutes Chapter 369.20 and F.A.C. Chapter 68F-20, as applicable.

Provide a valid aquatic weed control license.

Provide and implement a spill control plan.

Ensure all herbicides are registered and approved by FWC, EPA, and FDEP.

Chemicals Contractors shall submit Safety Data Sheets (SDS) for all chemicals proposed for use, provided prior to first application on City property.

Herbicides toxic to fish or other aquatic organisms are prohibited.

Minimum Qualifications Valid Aquatic Herbicide License issued by the Florida Department of Agriculture and Consumer

Services.

Minimum three (3) years of aquatic weed control experience, including experience with municipal, county, or state agencies (if applicable).

Provide three (3) references from projects completed within the last three (3) years.

General The successful Contractor shall designate a primary point of contact, subject to approval by the

City’s Project Manager.

All labor, materials, equipment, and incidentals necessary to perform the services described herein shall be included in the Contractor’s pricing.

Aquatic Weed Control Locations

Index Number Location Estimated Size (Acres)

1 Pond on North End of SJHP south of MTWCD C-54 overpass

0.39

1a Open Ditch between Ponds 01 and 02 0.64

2 Pond between ponds 01 and 03 0.65

02a North of Emerson Dr. NW between ponds 02 and 03 0.23

3 North of SJHP 2.35

4 Open Ditch North of Emerson Dr. NW 0.17

5 Pond south of Emerson Dr NW at Amador Ave 0.23

6 Open Ditch south of Emerson Dr. NW 0.08

7 Pond South of Emerson Dr NW 0.52

8 2445 LF Open Ditch between ponds 07 and 09 1.36

10 Open Ditch north of Pace Dr NW 0.65

11 Open Ditch west of St Johns Heritage Pkwy at the NE section of St. John Preserve Subdivision

0.66

12 Open Ditch west of St Johns Heritage Pkwy at the center section of St. John Preserve Subdivision

1.29

13 Open Ditch west of St Johns Heritage Pkwy at the intersection of Malabar Rd NW

0.9

14 Pond South of Malabar Rd NW in front of Public Works (1050 Malabar Rd SW)

0.21

15 Beginning at 508 Almond Ave NE North of between Americana Blvd and Fernandina St, west of Almond Ave

0.23

16 East of 6405 Minton Rd SE at the intersection of Minton and Malabar

0.19

17 North of City Hall (120 Malabar Rd SE) 0.26

18 NW quadrant of the intersection of Minton Rd SE and Jupiter Blvd

0.1

19 North of Tejon Ave SW 0.17

20 North of 510 Calabria Ave at the SW quadrant of the intersection of Jupiter Blvd and Calabria Ave

0.07

21 North of 510 Richardson St SE at the SE quadrant of the intersection of Jupiter Blvd and Calabria Ave

0.08

22 West of Cassia Ave SE 1.05

23 Behind 1000 Malabar Rd SE 0.93

24 West of southbound I-95 exit 166 off ramp 0.59

25 East of northbound I-95 exit 166 on ramp and west of Ring Ave NE

0.27

27 North of 470 Thor Ave SE between Thor Ave and Martin Rd, south of Lockheed St

1.86

28 North of Convair St SE and east of Babcock St 1.04

29 North of Convair St SE and west of Thor Ave 0.77

30 South of 1914 Agora Cir SE 3.62

31 East of 820 Palm Bay Rd NE and north of Bass Pro Dr

NE

0.14

32 South of Bass Pro Dr NE and west of Harbour Bay Apartments

5.66

33 South of 1166 Craftsland Ln NE and west of Tappen Ct 1.65

34 Between 1081 and 1099 Meadowbrook Rd NE 0.27

35 Between 1080 and 1098 Meadowbrook Rd NE 0.07

36 North of 1150 Meadowbrook Rd NE 0.12

37 Between 1210 and 1230 Meadowbrook Rd NE 0.12

38 West of 1310 Meadowbrook Rd NE at the intersection of Meadowbrook Rd and Pinehurst Cir

0.19

39 North end of Dowse Ct NE and south of Dawn St NE behind 1280 Dwan St

0.11

40 1381 Riviera Dr NE (Arc Park) and extending to Mariposa Dr, west of Port Malabar Blvd

4.42

41 South of Space Coast Harly-Davidson 1.59

42 West of 2860 Eldron Blvd. SE (Bill Madden Park) and east of Palisades Dr. Access maintenance rd located appoximately 510 LF SE of the intersection of San Filippo and Eldron Blvd

4.69

43 On the West side of Riviera Dr between Carr Cir and Palm Bay Rd West Approx. 743 LFT, Then South Approx. 1,575 LFT, Then West Approx. 373 LFT to the end of canal at Cromey Rd. On the East side of Creel Rd between 1556 & 1562 Creel Rd East Approx. 209 LFT to the intersecting canal.

0.34

44 On the West side of Cromey Rd between Creel Rd and Riviera Dr West Approx. 1,186 LFT to the end of canal at Port Malabar Blvd.

0.50

45 On the East side of Port Malabar Blvd between Cindy Cir and Cromey Rd East Approx. 966 LFT to the end of canal at Creel Rd.

0.09

46 On the East side of Port Malabar Blvd between Cindy Cir and Palm Bay Rd East Approx. 672 LFT, Then South Approx. 846 LFT to the intersecting canal.

1.22

47 On the North-East side of Port Malabar Blvd between 1211 & 397 Port Malabar Blvd North-East Approx. 562 LFT, Then East Approx. 292 LFT to the end of canal at Cromey Rd.

0.34

48 On the East side of Cromey Rd between Dowse Ct and Riviera Dr East Approx. 948 LFT to the end of canal.

0.49

49 On the North side of Dowse Ct between 1495 & 1505 Dowse Ct North Approx. 182 LFT to the intersecting canal.

0.30

50 On the South side of Dowse Ct between Cromey Rd and Cotton Rd South Approx. 1,050 LFT to the end of canal at Salem St.

0.22

51 On the West side of Cotton Rd between 1206 & 1194 Cotton Rd West Approx. 229 LFT to the intersecting canal.

0.09

52 On the South side of Salem St between 1460 & 1478 Salem St South Approx. 2,112 LFT to the end of canal at Par St.

0.09

53 On the West side of Hooper Ave between 1046 & 1038 Hooper Ave West Approx. 249 LFT to the intersecting canal.

0.21

54 On the East side of Cromey Rd between 1043 & 1035 Cromey Rd East Approx. 187 LFT to the intersecting canal.

1.30

55 On the South side of Par St between Cromey Rd and Hooper Ave South Approx. 799 LFT to the end of canal at Port Malabar Blvd.

0.03

56 Canal Between Herne Ave NE and Humay Ave NE, from Humbert St NE north to the canal north of Narragansett St NE.

1.94

57 Canal 15-10 parallel to Babcock from Convair St SE to Osage St SE

0.36

58 Canal 40-02a 1.38

59 Big Horn Circle 1.37

60 Twin Lake Ponds 3.51

61 17-03a 0.13

62 17-06a 0.04

63 Pond and Canal Behind 2517 Victoria Dr 0.59

64 On the East Side of RJ Conlan Blvd. NE Starting at 1371 RJ Conlan going North to the stop light at Northview St NE

1.31

65 Unit 45 19.38

66 Country Club Locations 37.97

Total Estimated Acres: 113.78

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

Name of Bidder:

Project Identification: 28-ITB-26 Aquatic Weed Control

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 TABLE. The BID TABLE must be submitted within Bonfire. The Total(s) must be transferred to the table below.

ITEM DESCRIPTION

TOTAL FROM

BID TABLE

Total Standard Aquatic Weed Control Per Acre

Total Annual Assessment for Additional Aquatic Weed Control Per Acre

Total Base Bid from Bid Table $

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 Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Bidder has $2,000,000 General Aggregate under the Commercial General Liability Policy.

D. Workers' Compensation: The Successful Bidder shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Exemption certificates to this requirement are not acceptable. Should the Named Vendor utilize a Professional Employer Organization, said Vendor acknowledges and agrees that all employees sent to the City of Palm Bay MUST be included on that PEO roster. Said policy must include Employers’ Liability insurance with limits of no less than:

Each Accident $ 100,000.00 Disease – Policy Limit $ 500,000.00 Disease – Each Employee $ 100,000.00

Successful Bidder shall further ensure that all of its sub-contractors maintain appropriate levels of workers’ compensation insurance.

E. Pollution Liability: Successful Proposer shall provide pollution liability coverage with limits of no less than $1,000,000.00 per occurrence. Pollution Liability shall cover the CONTRACTOR’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred, arising from the work or services performed as per this contract.

[EXAMPLES: Any type of environmental hazard, including water treatment chemicals, scrap metal, asbestos/pollution, etc.]

Other Insurance Provisions - The City of Palm Bay is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy.

Deductible Clause – Successful Bidder to declare self-insured retention or deductible amounts.

All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide.

Unless otherwise specified, it shall be the responsibility of the Successful Bidder to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier.

Authorized Signature

Printed Name & Title

Company

Date

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

STATE OF

COUNTY OF

, being duly sworn, deposes and says that:

(1) He/she is of , the (Title) (Firm/Company) Bidder that has submitted the attached Bid.

(2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid.

(3) Such Bid is genuine and is not a collusive or sham Bid.

(4) Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Bidder, firm or person, to submit a collusive or sham Bid in connection with the Agreement for which the attached Bid has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Palm Bay, Florida, or any person interested in the proposed Agreement.

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of interest, including affiant.

(Signed)

(Title)

STATE OF FLORIDA

COUNTY OF BREVARD

The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online notarization, this _______ day of _______________, _______ (year) by

_____________________________, who is personally known to me or who has produced

_______________________________ as identification and who did (did not) take an oath.

(Signature of Notary Public)

(Name of Notary – Typed, printed or stamped)

(Notary Seal / Serial Number)

(Date)

Aquatic Weed Control 28-ITB-26

DRUG FREE WORKPLACE PROGRAM

Each construction contractor regulated under Part I of Chapter 489, F.S., and each electrical contractor and alarm system contractor regulated under Part II of Chapter 489, F.S., who contracts to perform construction work under a state contract for educational facilities governed by Chapter 1013, for public property or publicly owned buildings governed by Chapter 255, or for state correctional facilities governed by Chapter 944 shall implement a drug-free workplace program as described in Chapter 440, Florida Statutes.

In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with drug-free workplace programs. Whenever two or more Bids or replies are received by the City that are equal with respect to price, quality, and service for the procurement of commodities or contractual services, a Bid or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or…