2-73-ITB-25 Baseball Field Clay.pdf

INVITATION FOR BID

73-ITB-25

Baseball Field Clay

Bid Release Date:

August 19, 2025

Virtual Prebid Meeting

N/A

Deadline for Questions

August 22, 2025 @ 3:00 PM

Bid Due Date:

August 26, 2025 @ 9:00 AM

Bid Open Date:

August 26, 2025 @ 11:00 AM

Contact Information

Selda Vasquez-McMahan, Procurement Agent II 120 Malabar Road SE Palm Bay, FL 32907

321-952-3424

Baseball Field Clay 73-ITB-25

TABLE OF CONTENTS

CHECKLIST OF MINIMUM REQUIRED SUBMITTALS ________________________________ 3

NOTICE TO BIDDERS ____________________________________________________________ 5

AGENCY OVERVIEW ____________________________________________________________ 6

SCOPE OF WORK _______________________________________________________________ 6

IMPORTANT FEDERAL PROVISIONS ______________________________________________ 7

STANDARD TERMS AND CONDITIONS ____________________________________________ 8

FORMS ________________________________________________________________________ 13

BID FORM _____________________________________________________________________ 14

REFERENCES __________________________________________________________________ 16

BIDDER’S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT __________________ 17

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER _________________________________ 19

DRUG FREE WORKPLACE PROGRAM ___________________________________________ 20

HUMAN TRAFFICKING AFFIDAVIT _______________________________________________ 21

ATTACHMENT A: Federal Contract Provisions ____________________________________ 22

ATTACHMENT B: Certification Regarding Lobbying, Certification Regarding Debarment and Suspension _____________________________________________________ 32

CHECKLIST 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

Bonfire - Electronic Bid Table

Checklist of Minimum Requirements

Bid Form - Acknowledged Addenda

Summary of Pay Items

References

Insurance Requirements

Non-Collusion Affidavit

Drug Free Workplace

Human Trafficking Affidavit

Certification Regarding Lobbying

Certification Regarding Debarment and Suspension

Proof of SAM.gov Registration

(CONTINUED ON NEXT PAGE)

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:

Baseball Field Clay

73-ITB-25

will be received via the City of Palm Bay’s Bonfire website, no later than Tuesday, August 26, 2025, 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 Friday, August 22, 2025, at 3:00 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, August 26, 2025, at 11:00 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: 282 388 170 922 6

Passcode: U9ob6Rq2

By Phone: Phone Number: 347-378-4680

Conference ID: 445 801 332#

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 or bidders whose qualifications indicate the award will be in the best interest of the City of Palm Bay. Award may be to a single vendor or to multiple, whichever is in the best interest of the City.

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 146,000 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 is requesting bids for the material and delivery required to complete the below scope of work. Award may be to a single vendor or to multiple, whichever is in the best interest of the City. No commitments for future purchases for this or any other project are implied, and responding Bidders should not infer any such intentions by the City.

Product Request: 80/20 Clay 70/30 Clay 60/40 Clay Georgia Mound Clay

Bid Price to include delivery and unloading shall be FOB destination, freight prepaid and allowed, including all packaging, shipping, handling, and fuel charges to Liberty Park, 895 Carlyle Ave SE, Palm Bay, FL 32909.

All material delivery must be coordinated with the Parks Division Manager and delivered between 8:00 a.m.

and 6:00 p.m., Monday through Friday, unless otherwise authorized with the Parks Division Manager.

DUE TO FUNDING REQUIREMENTS, DELIVERY AND FINAL INVOICE MUST TAKE PLACE BY

SEPTEMBER 30, 2025.

GENERAL

Bidders must be properly insured as outlined in the Bidder’s Insurance Requirements Acknowledgement section of this solicitation.

The City reserves the right to make additional investigations and request additional information as needed.

The City shall make payment to the Contractor in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.

IMPORTANT FEDERAL PROVISIONS

There are critical differences between a project awarded with City funds and a project awarded with federal funds. Bidder must read and thoroughly understand these provisions before submitting a bid and submit questions in writing for clarification prior to the question deadline.

This project is being funded through a Community Development Block Grant (CDBG) provided by the U.S.

Department of Housing and Urban Development (HUD). The awarded bidder shall comply with the

Davis-Bacon Act and all Federal Provisions listed in Attachment A.

Attachment Name Attachment Identifier

Complete and Return with Bid?

Federal Provisions A No

Certification Regarding Debarment and Suspension

B Yes

Certification Regarding Lobbying Forms B Yes

SAM.GOV REGISTRATION REQUIRED

In accordance with the CDBG program FAQs (https://www.hud.gov/program_offices/comm_planning/ CDBG/faqs), Contractors must be registered with the Federal System for Award Management (sam.gov) with a unique identifier. The current identifier utilized by sam.gov is a DUNS Number. The City of Palm Bay must be able to verify sam.gov registration for the recommended awarded bidder prior to award. As such, bidders are highly encouraged to secure sam.gov registration prior to submitting and must be registered prior to award.

The intent of these federal attachments is to complement and supplement other provisions of the solicitation documents. However, if there is any conflict between these attachments and other provisions of the solicitation documents, the federal provisions shall take precedence over the other provisions. When other provisions of the solicitations are similar but more stringent than the federal provisions, the more stringent provisions shall apply.

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 – Due to funding requirements, the period of this agreement shall begin on the date of contract execution and terminate September 30, 2025

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 – Acknowledged Addenda

Summary of Pay Items

References

Insurance Requirements

Non-Collusion Affidavit

Drug Free Workplace Form

Human Trafficking Affidavit

Certification Regarding Lobbying Forms

BID FORM

Name of Bidder: ___________

Project Identification: 73-ITB-25 Baseball Field Clay

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.

(Quantities are estimates and subject to change.)

Item Description Estimated # of Days for Delivery after Received

Order Request

Subtotals from Bid Table

80/20 Clay

70/30 Clay

60/40 Clay

Georgia Mound Clay

Total from Bid Table $

IT IS UNDERSTOOD BY SIGNING BELOW AND SUBMITTING A BID THAT, IF AWARDED, DELIVERY

AND FINAL INVOICE MUST BE COMPLETED BY SEPTEMBER 30, 2025.

Company Name:

DBA, if applicable

FEIN:

Street Address:

City, State, Zip Code:

Phone Number:

Email Address:

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

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.

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)

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 nolo contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not later than five (5) days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented.

Authorized Signature Date

HUMAN TRAFFICKING AFFIDAVIT

1. I am over the age of 18 and I have personal knowledge of the matters set forth except as otherwise set forth herein.

2. I currently service ___________________ (Role) of __________________________(Company).

3. ______________________________ (Company) does not use coercion for labor or services, as those terms are defined in Florida Statute 787.06.

4. This declaration is made pursuant to Florida Statute 92.525. I understand that making a false statement in this declaration may subject me to criminal penalties.

Under penalties of perjury, I ___________________________________________ (Signatory Name and

Title), declare that I have read the foregoing Human Trafficking Affidavit and that the facts stated in it are true.

Further Affiant sayeth naught.

ATTACHMENT A:

Federal Contract Provisions

FEDERAL CONTRACT PROVISIONS - Contractor agrees to recognize and comply with all applicable standards, orders or regulations issued pursuant to Appendix II of 2 CFR Part 200. Standards, orders or regulations that are not applicable to the scope of work will not be required of the Contractor.

ACCESS TO RECORDS

The following access to records requirements apply to this contract:

1. The contractor agrees to provide City of Palm Bay, (insert name of recipient), the Federal awarding agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The contractor agrees to provide the Federal awarding agency Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract.

4. In compliance with the Disaster Recovery Act of 2018, the City of Palm Bay and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Federal awarding agency Administrator or the Comptroller General of the United States.

BUY AMERICAN ACT, 41 U.S.C. § 8301-8305

GENERAL - ALLOWABLE MATERIALS

Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the Federal agency concerned determines their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

For contracts over $100,000, please sign and return the separate document called CERTIFICATION REGARDING LOBBYING with your submittal.

CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT [all contracts over $100,000.00]

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q).

2. The contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the (name of applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor…