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SEBASTIAN
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HOME OF PELICAN ISLAND
RFQ 19-05
Request for Qualifications
Design Build of Emergency Generator
For
Sebastian City Hall
1225 Main Street
Sebastian, FL
City of Sebastian
1225 Main Street
Sebastian FI. 32958
City Manager's Office
772-388-8200
City of Sebastian, FL
Design Build Request for Qualifications
#19-05
DESIGN -BUILD OF EMERGENCY GENERATOR FOR SEBASTIAN CITY HALL, SEBASTIAN, FL
Non -Mandatory Pre -Proposal Conference
LAST DAY FOR QUESTIONS:
RFQ DUE DATE/TIME:
RFQ NUMBER:
POINT OF RECEIPT:
June 18, 2019 at 11:00am EST
July 1, 2019 at 2:00pm EST
July 17, 2019 at 3:00pm EST
#19-05
City Manager's Office
City of Sebastian, FL
Attn: Paul E. Carlisle
City Manager
1225 Main Street
Sebastian, FL 32958
Inquiries - All inquiries concerning this proposal shall be addressed to the City Manager's Office. Contact
with other departments or City representatives without permission of the City Manager may render
your proposal void.
An original and seven (7) bound copies and one (1) electronic copy of your proposal shall be submitted
by the due date above. Outside of package must be clearly marked with RFQ number and project
description above.
RFQ 19-05 DESIGN -BUILD OF EMERGENCY GENERATOR FOR SEBASTIAN CITY HALL, SEBASTIAN, FL
SECTION 1
GENERAL INFORMATION & INSTRUCTIONS
1) DEFINITIONS:
a) City of Sebastian, FL hereinafter will be referred to as "City."
b) "Proposer" shall be any entity or individual submitting a proposal for the pending solicitation.
c) All references to days in this solicitation mean calendar days, unless otherwise stated.
d) All references to "shall," "must," and "will" are to be interpreted as mandatory language.
e) Request for Proposals is a procurement method selected for this pending solicitation and will
be referred to as the "RFQ."
f) "Successful Proposer" shall be the successful Proposer with whom the Design Build Contract
is entered by the City.
2) PURPOSE
a) The City seeks proposals from qualified Contractors to provide Design Build Installation of a
trailered Emergency Generator sufficient to power City Hall during periods of extended grid
power loss, in accordance with the specifications and conditions contained in this RFQ
Package.
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b) This Request for Qualifications has been compiled for the purpose of providing information,
requirements, guidelines, specifications, and other data that can be used by Proposers who
wish to submit a proposal for consideration.
3) INSTRUCTIONS
a) The Proposer shall submit seven (7) sealed paper proposals, one clearly marked as "Original",
and seven (7) copies, plus one (1) electronic copy, enclosed and secured in an
envelope/package. The Proposer shall clearly mark and display the Proposer's name and
address, the RFQ number and the project identification on outside of envelope/package. The
City of Sebastian shall not be responsible for unidentified proposals. Proposals shall be
addressed to:
City Manager's Office
Attn: Paul E. Carlisle
City Manager
1225 Main Street
Sebastian, FL 32958
Hand delivered proposals should be delivered to the same above -referenced address prior to
the RFQ due date and time.
b) The Proposer shall submit the proposal to the City Manager's Office no later than July 17,
2019 at 3:00 PM EST at which time all proposals will be opened and only the names of the
Proposers will be announced. Proposals received later than the deadline will not be
considered and will be returned unopened. Proposers mailing their proposal must allow a
sufficient mail delivery period to insure timely receipt of their proposal. The City of Sebastian
is not responsible for proposals delayed by mail and delivery services.
c) The City shall not be liable for any costs associated with the preparation of responses to
this solicitation; therefore, all costs shall be borne by the Proposer.
d) There will a non -mandatory pre -proposal conference on June 18. 2019 at 11:OOam inside
Council Chambers in Sebastian City Hall. The address is 1225 Main Street, Sebastian, FL
32958. All prospective Proposers should review the RFQ document and all Attachments and
submit all questions and/or requests for additional information by the deadline of July 1,
2019 2:00 pm EDST. All questions relating to this RFQ must be submitted via email to Paul E.
Carlisle, pcarlisle@cityofsebastian.org before the above deadline.
e) It is the intent and purpose of the City that this solicitation promotes competition. It shall be
the Proposer's responsibility to advise the City Manager, in writing, if any language or
requirements, or any combination thereof, inadvertently restricts or limits this solicitation to a
single source. Such notification shall be submitted in writing, and must be received by the City
Manager at least five calendar (5) days prior to proposal receipt date. A review of such
notification shall be made by the City Manager.
f) Prior to submitting a proposal, each Proposer shall carefully examine the RFQ document,
study and thoroughly familiarize himself/herself with the specifications/requirements of the
RFQ and the Contract Documents and notify The City of Sebastian of any conflicts, errors, or
discrepancies.
g) By submission of a proposal, the Proposer guarantees that all goods and services meet the
requirements of the RFQ during the contract period.
h) Failure to submit all required information may be determined as a non-responsive proposal.
i) Any Proposer may withdraw its proposal prior to the closing time for the receipt of proposals.
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Correction or withdrawal of inadvertently erroneous proposals before or after the opening date,
or cancellation of awards or contracts based on such mistakes, may be permitted subject to the
following:
j) Appropriate mistakes discovered by the Proposer before proposal opening may be modified or
withdrawn by submitting written notice to the City Manager prior to the time set or proposal
opening.
ii) After opening, no changes in prices or other provisions of proposals prejudicial to the
interest of the County shall be permitted.
iii) Except as otherwise provided by regulation, all decisions to permit the correction or
withdrawal of proposals, or to cancel awards, or contracts, after award but prior to
performance shall be supported by a written determination made by the City Manager.
k) The Proposer shall follow the following directions for proposal preparation:
i) All proposals shall be complete and carefully worded, and must convey all of the
information requested by the City. If significant errors are found in the proposal, or if
the proposal fails to conform to the essential requirements of the RFQ the City at its
sole discretion will determine as to whether that variance is significant enough to reject
the proposal.
ii) Proposals are to be prepared simply and in a manner designed to provide the City
with a straight forward presentation of the Proposer's capability to satisfy the
requirements of this RFQ. The Proposer's proposal must, therefore, follow the RFQ
format, utilizing the same section titles, schedules, and paragraphs.
iii) The Proposer must clearly mark as "Confidential" each part of their proposal which
they consider to be proprietary information that could be exempt from disclosure under
the State of Florida Freedom of Information Act (FOIA) as set forth in Florida Statute
Section 286.011 or as amended. The City reserves the right to determine whether this
information should be exempt from disclosure and no legal action may be brought
against the City or its agents for its determination in this regard.
iv) The Proposer shall make its proposal in the official name of the entity or individual
under which business is conducted (showing official business address).
v) The Proposer shall include on the proposal the Federal Employer Identification
Number (FEIN) and the DUNS number of the entity issuing the proposal (or in the
absence of a FEIN and DUNS numbers, the Social Security Number of the individual
issuing the proposal).
vi) The Proposer shall include all applicable requested information and is encouraged to
include any additional information the Proposer wishes to be considered. If the proposal
includes any comments over and above the specific information requested in our RFQ
the Proposer shall include this information as a separate appendix to the proposal.
vii) The Proposer shall clearly write in ink or type -write all prices and quotations
viii) A person duly authorized to legally bind the Proposer shall execute all required
documents in ink.
ix) Each copy of the proposal should be bound in a single volume where practical.
1) A Request for Proposals may result in additional negotiations. To maintain the integrity of the
procurement process, all contacts and discussions shall be directed to the County Manager.
m) Verbal comments or discussions by City personnel relative to this solicitation shall not be
binding on the City.
4) EVALUATION AND AWARD CRITERIA
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a) EVALUATION
The City Manager shall conduct proposal evaluations and present the recommendations to the
City of Sebastian City Council for award.
b) AWARD CRITERIA
The Evaluation of the Proposals will be done using the criteria set forth in Exhibit A attached
hereto. The City reserves the right to request Proposers to appear for an additional presentation
followed by a question and answer period, in order to further evaluate qualifications. The
additional presentations, if any, will also be scored and combined with prior scoring to
determine the successful Proposer. The award of the contract, if awarded, will be made to the
Proposer providing the most responsive, responsible proposal that provides the best overall
value and service. The award, if awarded, will take into consideration several factors, including
the soundness and flexibility of the proposal, functional capability, quality of performance,
quality of service, and the time specified in the proposal for the performance of the contract,
ability to provide support, and the Proposer's references. The City reserves the right to reject all
proposals or accept such proposals, as appears in its own best interest, and to waive
technicalities or irregularities of any kind in the proposal. The City Manager will make the
recommendation to the full City Council, if applicable. The City Council has the right to accept or
refuse the recommendation.
c) NOTICE OF AWARD
If awarded, the Notice of Award will be sent to the Proposer providing the most responsive,
responsible proposal that provides the best overall value and service.
5) PRELIMINARY MATTERS
a) EXECUTION OF AGREEMENT.
The Successful Proposer shall sign and deliver the Agreement and such other required Contract
Documents to the City within ten (10) Calendar Days after the Notice of Award has been
received by the Proposer.
b) DELIVERY OF CERTIFICATES OF INSURANCE AND BONDS.
When the Successful Proposer delivers the executed Agreement to the City, the Successful
Proposer shall also deliver to the City such Payment Bonds, Performance Bonds, and Certificates
of Insurance as may be required.
c) BEFORE STARTING CONSTRUCTION.
i) Before undertaking each part of the Work, the Successful Proposer shall carefully study and
compare the Contract Documents and check and verify pertinent figures shown thereon and all
applicable field measurements. The Successful Proposer shall immediately report in writing to
the City any conflict, error or discrepancy which the Successful Proposer may discover.
ii) Within twenty (20) Calendar Days after delivery of the executed Agreement by the City to the
Successful Proposer, the Successful Proposer shall submit to the City for approval an estimated
progress schedule indicating the starting and completion dates of the various stages of the
Design Build process and a preliminary schedule of submissions.
6) GENERAL INFORMATION AND REQUIREMENTS
a) AFFIRMATIVE ACTION.
The Successful Proposer shall take affirmative action in complying with all Federal, State and
City requirements concerning fair employment, employment of the handicapped, and
concerning the treatment of all employees, without regard to or discrimination by reasons of
race, color, sex, religion, national origin and/or physical handicap.
b) AMBIGUOUS OFFERS.
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Proposals that are uncertain as to terms, delivery, compliance requirements, and/or
specifications, may be rejected or otherwise disregarded.
c) EXPLANATION TO PROSPECTIVE PROPOSERS.
i) Every effort has been made to ensure that all information needed is included in this RFQ. If the
Proposer finds that he/she cannot complete his/her response without additional information;
he/she may submit written questions to the issuing office on or before the deadline set forth
herein. No further questions will be accepted after that date.
ii) Any prospective Proposer desiring an explanation or interpretation of the RFQ shall request
in writing, five (5) days prior to proposal receipt date, which will allow a reply to reach all
prospective Proposers before submission of their proposal.
iii) Oral explanations and/or instructions given before the award of the contract shall not be
binding. Any information given to a prospective Proposer about this solicitation shall be
promptly furnished to other prospective Proposers as an amendment, if that information is
necessary in submitting proposals or if the lack of it would be prejudicial to other prospective
Proposers.
d) AMENDMENTS.
All amendments to and interpretations of this solicitation shall be in writing and signed by the
City.
Any amendments or interpretations that are not signed and in writing shall not legally bind the
City or its agents. It is the Proposer's responsibility to acknowledge receipt of amendments by
signing and returning one (1) copy of the amendment with their proposal submittal.
e) DISCUSSIONS.
By a submission of a response to this solicitation, Proposer agrees that during the time following
issuance of the solicitation and prior to final award of contract, Proposer shall not discuss this
procurement with any party except the City Manager. Proposer shall not attempt to negotiate
with any other parties, and shall not discuss any aspects of the procurement without prior
written approval of the City Manager.
f) AWARDING POLICY.
i) The award of the contract shall be made in accordance with provisions of the Code of
Ordinances of the City of Sebastian, Florida, to the responsive, responsible Proposer whose
proposal is determined to be the most advantageous to the City based on the criteria discussed
above.
However, the City reserves the right to reject any and all proposals received, and in all cases, the
City shall be the sole judge as to whether a Proposer's proposal has or has not satisfactorily met
the requirements of this RFQ.
ii) If awarded, this contract will be awarded to the responsible and responsive Proposer whose
proposal is determined in writing to be in the best interest of the City of Sebastian (see Section 5
"Selection Process and Criteria"). The City will be the sole judge as to whether a proposal has or
has not satisfactorily met the requirements of this RFQ. The document that will form the
contract shall include this entire solicitation, all applicable amendments, and the successful
Proposer's proposal.
g) REJECTION OR ACCEPTANCE OF PROPOSALS; WAIVER OF TECHNICALITIES AND IRREGULARITIES.
i) The City shall reserve the unqualified right to reject any and all proposals or accept such
proposals, as appears in the City's own best interest.
ii) The City shall reserve the unqualified right to waive technicalities or irregularities of any kind
in solicitations made pursuant to this RFQ.
iii) In all cases, the City shall be the sole judge as to whether a proposer's proposal has or has
not satisfactorily met the requirements to solicitations made pursuant to this RFQ.
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iv) The City may reject any proposal that fails to conform to the essential requirements of the
RFQ.
v) The City may reject any proposal that does not conform to the applicable specifications unless
the RFQ authorized the submission of alternate Proposals and the services offered as alternates
meet the requirements specified in the RFQ.
vi) The City may reject any proposal that fails to conform to any delivery schedule or permissible
alternates stated in the RFQ.
vii) The City may reject a proposal when the Proposer imposes conditions that would modify
requirements of the invitation or limit the Proposer's liability to the City, since to allow the
Proposer to impose such conditions would be prejudicial to other Proposers.
viii) A Proposer may be requested to delete objectionable conditions from a proposal provided
the conditions do not go to the substance, as distinguished from the form of the proposal, or
work an injustice on other Proposers. A condition goes to the substance of a proposal where it
affects quality, or delivery of the services offered.
ix) Proposals received from any person or concern that is suspended, debarred, proposed for
debarment or declared ineligible as of the proposal opening date shall be rejected unless a
compelling reason determination is made.
x) The City Manager must reject Proposals received from entities determined to be non-
responsive.
xi) The originals of all rejected Proposals, and any written findings with respect to such
rejections, shall be preserved with the papers relating to the RFQ.
h) After submitting a proposal, if all of a Proposer's assets or that part related to the proposal is
transferred during the period between the proposal opening and the award, the transferee may not be
able to take over the proposal. Accordingly, the City Manager shall reject the proposal unless merger,
operation of law or other means not barred by law effects the transfer.
i) PROTEST PROCEDURE
i) Right to Protest. Any actual or prospective offeror or Proposer who is aggrieved in connection
with the solicitation or award of a contract may protest to the City Manager, except as
otherwise stated in this section. The protest shall be submitted in writing within seven (7)
calendar days after such aggrieved prospective offeror, or Proposer knows or should have
known of the facts giving rise thereto.
ii) Authority to Resolve Protests. The City Manager shall have authority to settle and resolve a
protest by an aggrieved offeror or Proposer, actual or prospective, concerning the solicitation or
award of a contract.
iii) Decision on Protests. If the protest is not resolved by mutual agreement, the City Manager
shall issue a decision in writing within ten (10) calendar days. The decision shall: (a) state the
reasons for the action taken; and (b) inform the protestant of the protestant's rights to appeal
the decision of the City Manager as provided in this Section.
iv) Notice of Decision on Protests. A copy of the decision of this Section shall be mailed or
otherwise furnished to the protestant.
v) Finality of Decision on Protests. A decision under this Section shall be final and conclusive,
unless a business adversely affected by the decision appeals administratively to the City Council
in accordance with the City of Sebastian Code of Ordinances.
j) COMPLETE DOCUMENTS.
All supplementary documents and attachments are essential parts of this RFQ and requirements
occurring in one are as binding as though occurring in all.
k) CONTRACT ADMINISTRATION.
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Questions or problems arising after award of this contract shall be directed to the City Manager
by calling 772-388-8203. Copies of all correspondence concerning this contract shall be sent to the
City of Sebastian, City Manager, 1225 Main Street, Sebastian, FL 32958. All change orders must be
authorized in writing by the City Manager. The City shall not be bound to any change in the original
purchase order or contract without prior written approval of the City Manager.
1) COVENANT AGAINST CONTINGENT FEES.
The Proposer warrants that no person or selling agency has been employed or retained to solicit or
secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies
maintained by the Proposer for the purpose of securing business. For breach or violation of this
warranty, the City shall have the right to annul this agreement without liability or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee.
m) DEFAULT.
In case of default by the Successful Proposer, the City reserves the right to purchase any or all services in
open market, charging said Proposer with any excess costs. Should such charges be assessed, no
subsequent Proposals of the defaulting Proposer shall be considered until the assessed charges have
been satisfied.
n) SUBCONTRACTS.
Proposer shall not subcontract work hereunder without the prior written consent of the City, and any
such subcontract without consent of the City shall be null and void. If Proposer proposes to subcontract
any of the work hereunder, it shall submit to the City the name of each proposed Subcontractor, with
the proposed scope of work which its Subcontractor is to undertake.
The City shall have the right to reject any Subcontractor which it considers unable or unsuitable to
satisfactorily perform its duties. Proposer shall not enter into any cost reimbursable agreements with
any proposed Subcontractor without City's prior written authorization. Notwithstanding any consent by
the City to a proposed subcontract, Proposer shall remain responsible for all subcontracted work and
services. Proposer agrees it shall be as fully responsible to the City for the acts and omission of its
Subcontractors, their agents, representatives, and persons either directly or indirectly employed by
them as it is for the acts and omissions of persons directly employed by Proposer. Neither this provision,
the agreement, the City's authorization of Proposer's agreement with Subcontractor, City's inspection of
a subcontractor's facilities or work, or any other action taken by the City in relation to a Subcontractor
shall not create any contractual relationship between any Subcontractor and the City.
Proposer shall include in each of its subcontracts a provision embodying the substance of this provision
and shall exhibit a copy thereof to the City before commencement of any work by a Subcontractor.
Proposer's violation of this provision shall be grounds for the City's termination of this agreement for
default, without notice or opportunity for cure. In addition, Proposer indemnifies and holds the City
harmless from and against any claims (threatened, alleged, or actual) made by any Subcontractor of
Proposer (of any tier) for compensation, damages, or otherwise, including any cost incurred by the City
to investigate, defend, or settle any such claim.
o) INSURANCE REQUIREMENTS
The Successful Proposer shall procure, maintain, and provide proof of insurance coverage for injuries to
persons and/or property damage as may arise from, or in conjunction with, the work performed on
behalf of the City by the Successful Proposer, his agents, representatives, employees or subcontractors.
A Certificate of Insurance shall be submitted within ten (10) Calendar Days after the Notice of Award has
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been received by the Proposer and such coverage shall be maintained by the Successful Proposer for the
duration of the contract period; for occurrence policies.
Commercial General Liability
Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form,
Commercial General Liability Form including Products/Completed Operations.
Minimum Limits:
$2,000,000 General Aggregate Limit
$2,000,000 Products & Completed Operations
$2,000,000 Personal & Advertising Injury
$2,000,000 Each Occurrence Limit
$50,000 Fire Damage Limit
$5,000 Medical Expense Limit
Business Commercial Automobile Liability
Coverage sufficient to cover all vehicles owned, used, or hired by the Successful Proposer, his agents,
representatives, employees or subcontractors.
Minimum Limits:
$1,000,000 Combined Single Limit
$1,000,000 Each Occurrence Limit
$5,000 Medical Expense Limit
Workers' Compensation
Limits as required by the Workers' Compensation Act of SC, to include state's endorsement for
businesses outside of FL.
Employer's Liability, $1,000,000.
Professional Liability (if Engineering or Professional Services are required)
Minimum limits are $1,000,000 per occurrence.
Insurance Coverage Provisions
i) All deductibles or self-insured retention shall appear on the certificate(s).
ii) The City of Sebastian, FL, its' officers/ officials, employees, agents and volunteers shall be added as
"additional insured" as their interests may appear. This provision does not apply to Professional
Liability or Workers' Compensation/Employers' Liability.
iii) The Successful Proposer's insurance shall be primary over any applicable insurance or self-insurance
maintained by the County.
iv) Shall provide 30 days written notice to the City before any cancellation, suspension, or void of
coverage in whole or part, where such provision is reasonable.
v) All coverage for subcontractors of the Successful Proposer shall be subject to all of the
requirements stated herein.
vi) All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to
approval by the County. At the option of the City, either; the insurer shall reduce or eliminate
such deductible or self-insured retention; or the Successful Proposer shall be required to procure a
bond guaranteeing payment of losses and related claims expenses.
vii) Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided
the City, its officers/officials, agents, employees and volunteers.
viii) The insurer shall agree to waive all rights of subrogation against the City, its' officers/officials,
agents, employees or volunteers for any act, omission or condition of premises which the parties
may be held liable by reason of negligence.
ix) The Successful Proposer shall furnish the City certificates of insurance including endorsements
affecting coverage. The certificates are to be signed by a person authorized by the insurance
company(s) to bind coverage on its behalf, if executed by a broker, notarized copy of
authorization to bind, or certify coverage must be attached.
x) All insurance shall be placed with insurers who are lawfully authorized to do business in the state
of FL, and who maintain an A.M. Best rating of no less than an A:VII. If A.M. Best rating is less
than A:VII, approval must be received from the City's Risk Manager.
p) ASSIGNMENT OF AGREEMENT.
No agreement may be assigned, sublet, or transferred without the prior written consent of the City.
This RFQ package, the negotiated results documented in writing, and the winning Proposer's proposal
shall constitute the entire agreement.
q) STATEMENT OF COMPLIANCE AND ASSURANCES.
i) Proposers to be eligible for consideration shall be required to certify in writing, that the firm or
agency represented in the proposal submitted, complies with all applicable federal and state
laws/regulations and City ordinances.
ii) Proposers shall be required to provide with each proposal, a written assurance of non -collusion and
understanding and acceptance of any and all provisions stated in this agreement.
iii) A statement of Assurance, Compliance and Non -collusion, a copy of which is attached hereto as
Exhibit B, along with other statements and certifications shall be provided to Proposers and be part
of each solicitation and shall be part of this agreement.
r) DRUG FREE WORKPLACE ACT.
It is the intent of the City to comply with the requirements set forth in the Code of Laws of
Florida, and shall apply to all procurement actions involving an award for
FIFTY THOUSAND dollars, ($50,000.00) or more. Proposers shall be required to execute a statement
certifying that they understand and are in full compliance with the Drug Free Workplace Act, a copy of
which is attached hereto as Exhibit C. Failure to comply with this requirement shall result in rejection of
a proposal.
s) EXAMINATION OF RECORDS.
The City Manager or his duly authorized representative(s), and/or duly authorized representative from
the Managers Office shall until three (3) years after final payment under the agreement resulting from
this RFQ have access to and the right to papers and other records involving transactions related to the
agreement to be awarded hereunder.
t) Florida SALES TAX.
The City of Sebastian is not subject to Florida Sales Tax on all purchases of goods and services.
Therefore, sales tax must not be added to all orders. When applicable, net prices as shown in the
proposal shall exclude such Federal and State Tax amounts.
u) FAILURE TO SUBMIT PROPOSAL.
Recipients of this solicitation not responding with a proposal should return the "No Proposal" form
attached as Exhibit D hereto. If a recipient does not submit a proposal or fails to respond by submitting a
"no proposal" for three (3) consecutive proposals for the same commodity, they shall be removed from
the applicable Proposer list.
v) NON -APPROPRIATION
In case of non -appropriation of funds from the City, the federal government or otherwise, the City may
terminate the Design Build Agreement in whole or in part without further obligation to the Proposer.
w) FORCE MAJEURE.
The Proposer shall not be liable for any excess costs if the failure to perform the agreement resulting
from this RFQ arises out of causes beyond the control and without fault or negligence of the Proposer,
including an act of God, earthquake, flood, cyclone or other cataclysmic phenomenon of nature, a rain,
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windstorm, high water or other natural phenomenon of unusual intensity for the locality where the
Work is to be performed, but which might reasonably have been anticipated from historical records of
the general locality shall not be construed as an act of God, the act of the public enemy, fire, explosion,
perils of the sea, war, riot, sabotage, embargo, or any other circumstances of like or different character
beyond the reasonable control of the Proposer, or by interruption or delay in transportation, labor
trouble of a supplier from whatever cause arising and whether or not the demands of the employees
involved are reasonable and within the affected party's power to concede or compliance with any order
or request of any governmental officer, department, agency or committee. Provided; however, that any
failure which the Proposer intends to rely upon as an excuse for failure to perform or failure to perform
in a timely manner, shall only be considered by the City if the Proposer has given the City written notice
of intention to rely upon such act within ten (10) Calendar Days after the occurrence giving rise to the
delay. Upon the occasion of such event, the parties shall meet and confer and any additional time
necessary shall be fixed by the County, which determination shall be final.
x) IMPROPER INFLUENCE AND PROHIBITION OF GRATUITIES.
i) Soliciting of special interest groups or appointed and elected officials with the intent to influence
contract awards or to overturn decisions of the City Manager is hereby prohibited. Violation of this
provision may result in suspension or debarment.
ii) No person may offer or pay to a public official, public member, or public employee and no public
official, public member, or public employee may solicit or receive money in addition to that received by
the public official, public member, or public employee in his official capacity for advice or assistance
given in the course of his employment as a public official, public member, or public employee.
y) INDEMNIFICATION.
Proposer shall indemnify, defend and hold harmless the City, its employees, Council members, agents,
attorneys, and officers, each from and against all loss, damage, claims, and actions, and all expenses,
including, but not limited to, attorney's fees and costs, incidental to such claims or actions, including but
not limited to liability as a result of injury to or death of any person, based upon or arising out of
damage to property or injuries to persons or other tortious acts caused or contributed to by the
Proposer or anyone acting under its direction or control or in its behalf in the course of its performance
under the agreement to be entered hereunder, and directly or indirectly caused, in whole or in part, by
acts or omissions, negligence or otherwise, of Proposer or an agent of the Proposer or an employee of
anyone of them, regardless of the negligence of the City or its employees, be it active or passive, except
where such loss, cost, damage, claim, expense, or liability arises from the sole gross negligence or willful
misconduct of the City. Upon request of the City, Proposer shall, at no cost or expense to the City,
defend any suit asserting a claim for any loss, damage or liability specified above, and Proposer shall pay
any cost and attorneys' fees that may be incurred by the City in connection with any such claim or suit
or in enforcing the indemnity granted above.
SOVEREIGN IMMUNITY
Nothing in this RFP shall be construed to affect in any way the City's sovereign immunity as provided by
law as set forth in Florida Statute 768.28.
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z) PROPOSER'S QUALIFICATIONS.
Proposals shall be considered only from Proposers who are regularly established in the business called
for, and who in the judgment of the City are financially responsible and able to show evidence of their
reliability, ability, experience, facility and personnel directly employed or supervised by the Proposer.
Proposer must be able to render prompt and satisfactory service in the volume called for under the
agreement. City may make such investigation, as it deems necessary to determine the ability of the
Proposer to perform the work. The Proposer shall furnish to the City all such information and data as the
City may request, including, if requested, a detailed description of the method and program of the work
which the Proposer proposes to use. The City reserves the right to reject any proposal if the evidence
submitted by, or investigation of, such Proposer fails to satisfy the City that such Proposer is properly
qualified to carry out the obligations of the agreement and to complete the work contemplated therein.
Conditional proposals will not be accepted.
aa) PROPOSER'S RESPONSIBILITY.
Each Proposer shall fully acquaint itself with conditions relating to the scope and restrictions attending
the execution of the work under the conditions of this solicitation. The failure or omission of a Proposer
to acquaint itself with existing conditions shall in no way relieve the Proposer of any obligation with
respect to this solicitation or agreement.
bb) PUBLICITY RELEASES.
Proposer agrees not to refer to award of this contract in commercial advertising in such a manner as to
state or imply that the products or services provided are endorsed or preferred by the City. The
Proposer shall not have the right to include the City's name in its published list of customers without
prior approval of the City. With regard to news releases, only the name of the City, type and duration of
contract may be used and then only with prior approval of the City. The Proposer also agrees not to
publish, or cite in any form, any comments or quotes from the Cityy Staff, unless it is a direct quote from
the City Manager.
cc) SEVERABILITY.
If any term or provision of any agreement resulting from this solicitation shall be found to be illegal or
enforceable, notwithstanding any such legality or enforceability, the remainder of said agreement shall
remain in full force and effect, and such term or provision shall be deemed to be deleted and severable
therefrom.
dd) NON-RESIDENT TAXPAYER REGISTRATION AFFIDAVIT.
The form attached as Exhibit E must be completed by any Proposers that do not have a business that
resides in Florida.
ee) E -Verify.
The Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract and
shall expressly require any subcontractors performing work or providing services pursuant to the
Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract term.
ff) State of Florida LAW CLAUSE.
Upon award of a contract under this proposal, the person, partnership, association or corporation to
whom the award is made must comply with the laws of the State of Florida which require such person
12
or entity to be authorized and/or licensed to do business within the State. Notwithstanding the fact that
applicable statutes may exempt or exclude the Proposer from requirements that it be authorized and/or
licensed to do business in this State, by submission of this signed bid, the Proposer agrees to subject
himself to the jurisdiction and process of the courts of the State of Florida as to all matters and disputes
arising or to arise under the contract and the performance thereof, including any questions as to the
liability for taxes, licenses, or fees levied by the State.
gg) CONFIDENTIAL INFORMATION.
The City will mark as "Confidential" any information which the City considers to be proprietary,
confidential information (the "City's Confidential Information"). The City's Confidential Information
which may be as part of this RFC, or otherwise provided as a part of the procurement process, is the
property of the City. Without the prior written consent of the City, the Proposer will not, at any time,
use, publish, sell, deliver or otherwise disclose the City's Confidential Information to any third party or
for the benefit of anyone other than the City. The Proposer will promptly advise the City in writing if it
learns of any unauthorized use or disclosure of the City's Confidential Information. The City's
Confidential Information is and shall continue to be the exclusive property of the City. Immediately upon
the Award, the Proposer, if not the Successful Proposer, shall deliver to the City or certify the
destruction or permanent deletion of all the City's Confidential Information and all copies of the City's
Confidential Information, in any media or format, then in its actual or constructive possession or control
and the Proposer shall cease using any of the City's Confidential Information, at any time, when so
requested by the City.
The Proposer shall indemnify and hold harmless the City or anyone directly or indirectly employed by
the City from and against all claims, damages, losses, and expenses, including attorneys' fees, arising out
of any unauthorized use or disclosure of the City's Confidential Information by the Proposer and shall
defend all such claims in connection with any alleged infringement of such rights.
The undersigned Proposer has read and understands the provisions contained herein and agrees to be
bound by same.
PROPOSER
(Name of Corporation or Entity)
By:
Name:
Title:
Signature: Date:
THIS PAGE MUST BE SIGNED AND RETURNED WITH PROPOSAL
EXHIBIT A
EVALUATION CRITERIA
Note: The proposals will be publicly opened. Only the names of the proposers will be disclosed at the
opening. Contents of the proposal shall not be disclosed during the evaluation or negotiation phases.
Proposals shall be available for public inspection after award of the agreement. Proposals must be
clearly marked "CONFIDENTIAL" for each part of the proposal that is considered to be proprietary
information that could be exempt from disclosure.
If any part is designated as "CONFIDENTIAL", there must be attached to that part an explanation of how
this information conform to the Confidential requirements under Florida Statutes.
The City reserves the right to determine whether this information should be exempt from disclosure.
13
The City shall evaluate each written proposal, determine whether oral discussions are necessary, then
based on the content of the written proposal and any oral discussion, select the proposer best qualified
for the project and which is most advantageous to the City of Sebastian, based on the following factors
listed below.
The evaluation criteria will be:
1. Qualifications/Capabilities of the Firm —40%
2. Qualifications of Individuals within the firm/Project Manager/Architect - 30%
3. Experience with similar projects and References -30%
The City reserves the right to accept and/or reject any and all proposals received as a result of this
request, and to negotiate with any and all qualified proposers. An award resulting from this request shall
be made to the responsive and responsible proposer whose proposal is determined to be in the best
interests of The City of Sebastian, taking into consideration the cost and the evaluation factors set forth
herein. The City will be the sole judge as to whether a proposal has satisfactorily met the requirements
of this request for proposal.
The City Manager will evaluate individual proposals. Any proposer determined to be technically
unqualified, or whose proposal is deemed unresponsive, will not be considered further. Any proposer
that has demonstrated poor performance during either a current or previous agreement with the City of
Sebastian may be considered as an unqualified source and their proposal may be rejected. The City
reserves the right to exercise this option as is deemed proper or necessary.
EXHIBIT B
Statement of Assurance, Compliance, and Non -Collusion
(1) The undersigned, as Proposer, certifies that every provision of this proposal has been read and
understood. Attach signed form to your proposal.
(2) The Proposer hereby provides the following representations and assurances:
(a) The Proposer represents that he has familiarized himself with and assumes full responsibility for
having familiarized himself with the nature and extent of the Contract Documents, the Work, the
locality, local conditions, state, and local laws, ordinances, rules and regulations, as well as all applicable
statutes, regulations, executive orders (EOs), Office of Management and Budget (OMB) circulars, terms
and conditions, and approved applications which are applicable to the Project and the Work or that may
in any manner affect performance of the Work; and
(b) The Proposer shall comply with all requirements, stipulations, terms and conditions as stated in the
proposal/proposal document; and
(c) The Proposer currently complies with all Federal, State, and local laws and regulations regarding
employment practices, equal opportunities, industry and safety standards, performance and any other
requirements as may be relevant to the requirements of this solicitation; did not participate in the
development or drafting specifications, requirements, statement of work, etc. relating to this
solicitation; and
(d) The Proposer has not colluded with other Proposers possibly interested in this proposal in arriving at
or determining prices and conditions to be submitted; and
(e) No person associated with Proposer's firm is an employee of The City of Sebastian. Should Proposer,
or Proposer's firm have any currently existing agreements with the City, Proposer must affirm that said
contractual arrangements do not constitute a conflict of interest in this solicitation; and
(f) Such agent as indicated below, is officially authorized to represent the firm in whose name the
proposal is submitted.
(Name of Corporation or Entity)
By:
14
Date: Print Name:
Title:
EXHIBIT C
DRUG FREE WORKPLACE STATEMENT
Drug and Alcohol Testing
The Contractor shall provide a drug and alcohol testing policy with bid, outlining the contractor's drug
testing procedures. The expense of the drug testing shall be that of the contractor. When reasonable
cause exists to believe that a contractor's employee is violating the provisions of the City Council's
Substance Abuse Guidelines, the City reserves the right to inspect all contractor work areas, which
include any personal items brought onto City premises including personal vehicles. Any violation of the
provisions of the City of Sebastian's Substance Abuse Guidelines by a contractor or contract employee
will result in the immediate removal from the work site. Attached signed form with proposal.
EXHIBIT D
NO RESPONSE
If a "No Proposal" is to be submitted, please check the appropriate box(es) below and return this form,
prior to the proposal opening date, to:
City Manager's Office
Attn: Paul E. Carlisle
City Manager
1225 Main Street
Sebastian, FL 32958
Cannot respond to this solicitation due to the following reason:
o Do not sell or provide the requested goods or services
o Cannot comply with specifications/statement of work
o Specifications/statement of work is unclear
o Cannot meet delivery or period of performance
o Delivery/period of performance is unreasonable
o Cannot meet the bond requirements
o Not enough time to prepare proposal
o Plan to subcontract
o Job is too large
o Job is too small
o Other(please specify)
(Name of Corporation or Entity)
By:
Date: Print Name:
Title:
15
Exhibit E
SECTION 2 INTRODUCTION & BACKGROUND
The City of Sebastian is seeking competitive sealed Design Build proposals from qualified Proposers
(Design Build Contractors) with the ability and capacity to design, construct, install, manage and provide
all construction administration for a diesel powered, trailer mounted, emergency generator with
simplified plug-in and start up features, and appropriate automatic transfer switching. This project
involves providing and installing all of the necessary plug-in and safety equipment required on both the
"house" and generator side. Generator capacity/specifications are to be determined by engineering
analysis performed by the design -build awardee, but is expected to be in the 160KW to 20OKW range.
Sebastian City Hall is located at 1225 Main Street, Sebastian, FL 32958.
The City of Sebastian will be the Owner for this construction project.
SECTION 3 SCOPE OF WORK & DESIGN BUILD REQUIREMENTS
A design -build concept will be used whereby the City, through this Request for Qualifications process,
shall select one firm (or joint venture) to design/build for this project. The final design specifications,
materials and construction quality, and cost of the project shall be developed through a series of
staff/board committee and designer/builder work sessions. This will enable the project to be developed
through a progression of decisions.
The Proposer will arrange for the Owner's review and obtain approvals of design documents at specified
intervals during design development. The Proposer will conduct progress review meetings with the
Owner to include:
• Conceptual reviews
• Design Development reviews
• Construction Document development reviews
CODES, PERMITS, FEES AND INSPECTIONS
• The Proposer will be responsible to ensure that the design details and construction methods
meet all applicable code requirements. It is not the intent of this RFQ to violate any codes or
laws. In the event of an inadvertent conflict between this RFQ's requirements and codes and/or
laws, the Proposer shall comply with all codes and laws.
• The Proposer will, interface with local authorities, and utility companies as required.
• The Proposer will identify and obtain all reviews and permits applicable to the design and
construction.
• The Proposer will pay all fees, including but not limited to: building permit fees, plan review
fees, water and sewer capacity and/or tap fees; meter fees; and utility connection fees.
EXECUTION OF THE WORK
The Proposer will complete the following:
• develop final specifications
• develop construction documents
• execute and hold all subcontracts
• provide all labor, materials and equipment
• perform all construction work
• obtain the Owner's review and approval of all submittals during construction.
• conduct periodic construction progress meetings with the Owner
• participate in substantial completion inspections.
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• obtain the Certificate of Occupancy
• complete punch work and perform or provide all other services and tasks necessary to complete
and close out the scope of work.
GUARANTEES AND WARRANTEES
In addition to turning over to the City of Sebastian all manufacturers' warrantees and guarantees for
building supplies, equipment and appliances, the Proposer shall remedy any defects due to faulty
materials or workmanship and pay for any damage to other work or to the existing facility resulting
there from, which shall appear within a period of one year or per the manufacturer's warranty
whichever is greater, from the date of final payment.
PROJECT DEVELOPMENT REQUIREMENTS
The City's plan to develop this project shall fall into four phases. The four major phases and goals for
each phase are as follows:
1. SCHEMATIC PHASE
During this phase the designer/builder shall study the proposed designs and the site to rapidly evaluate
the proposed design. Items to be completed in this phase include:
• round table discussions where concerns and ideas are adopted and formulated into final sketch
plans of the site and building
a rough cost estimate of the project within bounds of the sketch format
The cost estimate, based upon all information developed in this phase, shall include the fee for
design/build services for the second phase. It must be understood that the final consensus size,
shape and architectural style must be clearly established during the schematic phase. If budget
constraints require downsizing, or an alternate approach to this project, this must be settled
during the schematic phase. This will require a substantial understanding of the City's priorities.
Clear and concise communication and rapport will be an important qualification in the selection
of the design/build team.
2. DESIGN DEVELOPMENT PHASE
This phase begins the development of the construction drawings and material specifications based upon
the approved schematic phase. During this phase, the experience of the designer/builder is required to
advise the City as to the best value for its money; i.e., roof materials and other major materials and their
quality. Key decisions involving cost in these areas shall be discussed with the City to allow for input and
selection of options.
3. CONSTRUCTION DOCUMENTS
Upon approval of the design development documents, the design/builder shall prepare Construction
documents that consist of, but not be limited to, drawings and specifications setting forth the detailed
requirements for construction of the project. The construction documents shall constitute the basis of
the construction contract. Working drawings will be prepared during this time.
Final products from this phase shall include:
• a complete set of working drawings and materials specifications
• a construction schedule
• a final negotiated construction cost for facility
• a construction contract
17
4. CONSTRUCTION PHASE
This phase is the actual construction of the facility based upon the negotiated contract and construction
cost developed in Phase Three. The design/builder will be required to furnish a performance and
payment bond in the full amount of the final negotiated construction cost. During the construction, the
City will inspect all materials and workmanship and require adherence to all working drawings and
specifications developed in Phase Three. The design/builder shall be required to adhere to all national,
state, and local codes and laws.
Progress payments shall be as stipulated in the negotiated design/build contract from Phase Three.
SECTION 4 PROPOSAL FORM
Name of Party making the Proposal:
To: City Manager, City of Sebastian, FL
1. Pursuant to the Request for Proposals and the other Proposal documents contained in the Proposal
package, the undersigned party making the Proposal, having become familiarized with the project and a
thorough inspection and evaluation of the local conditions affecting the performance of the services,
hereby proposes and agrees to be bound by all the terms and conditions of the Agreement, if selected
by the County, and agrees to perform, within the time stipulated, the services to be performed
hereunder, including everything required to perform the services and complete in a good workmanlike
manner all of the work required in connection with the following:
RFQ 19-05 DESIGN -BUILD OF EMERGENCY GENERATOR FOR SEBASTIAN CITY HALL, SEBASTIAN, FL
All in strict conformity with the Agreement, including all exhibits and addenda thereto, the undersigned
party making the Proposal hereby submits the following Proposal items:
A) A description of corporate qualifications and relevant experience of the undersigned, including,
without limitation, a thorough summary of the undersigned's qualifications to perform the work
required the general qualifications and technical competency of the individuals in the firm, the specific
qualifications and technical competency of the individuals to be involved in the project. Include the
name and experience of the Project Manager and proposed Engineer, and a comprehensive list of
similar projects he/she has completed in the past ten (10) years, to include the name and telephone
number of the undersigned's contact persons for such projects.
Attach as Schedule A.
B) A list of recent projects' bonding amounts and list any claims filed against such bonds.
Attach as Schedule B.
C) A detailed description of the general experience of the firm and examples of specific experience on
projects of similar scope. Describe what differentiates your company and proposal from your
competitors.
Questions and References detailed in Section 5 will be applicable to this Experience section for the
Evaluation Criteria. Include at least three references with contact information for Design Build projects
that your firm has completed within the last three years_
Attach as Schedule C.
D) A statement that the undersigned will comply with the insurance requirements
18
stated in General Information, section (6) (o).
2. Each individual Proposal shall be evaluated based on the requirements and specifications and all
other portions of the Proposal documents, and shall include all items necessary to perform the services,
including the assumption of all obligations, duties, and responsibilities necessary to the successful
completion of all obligations of the Agreement and all supplies, transportation, facilities, equipment,
labor, and services required to perform and complete the work, and any and all bonds, insurance and
submittals, pursuant to the requirements of the Proposal Package, including, but not limited to, the
Agreement and all Proposal documents, whether or not expressly listed or designated.
3. It is understood that the City reserves the right to reject this Proposal and that this Proposal shall
remain open and not be withdrawn for the period specified in the Request for Proposals.
4. It is understood and agreed that if written notice of award of contract is mailed, transmitted by
facsimile, or delivered to the party making the Proposal after the opening of the Proposal, and within
the time this Proposal is required to remain open, or at any time thereafter before this Proposal is
withdrawn, the party making the Proposal will execute and deliver to the City the Agreement, as well as
certificates of insurance on or before the tenth (10th) day after the mailing of said notice. The party
making the Proposal further agrees that the work under the Agreement shall be commenced by the
party making the Proposal, if awarded the contract, on or before the tenth (10th) day following receipt
of City's Notice to Proceed.
5. The undersigned hereby warrants that the party making the Proposal has all required licenses, if any,
that such license(s) entitles the party making the Proposal to provide the services, that such license(s)
will be in full force and effect throughout the duration of performance under the Agreement, and that
any and all subcontractors to be employed by the undersigned will have appropriate licenses.
6. The party making the Proposal hereby certifies that it is, and at all times during the performance of
work hereunder shall be, in full compliance with the provisions of set forth in Florida Building Code
latest Edition.
7. It is understood and agreed that if requested by the City, the party making the Proposal shall furnish
additional notarized financial statements, references, and other information required by the City
sufficiently comprehensive to permit an appraisal of the party making the Proposal's ability to perform
the Agreement.
8. The undersigned hereby warrants that all services shall be completed in a timely fashion pursuant to
the Agreement. Time is of the essence.
9. The undersigned warrants that the required Non -Collusion Affidavit has been properly executed,
notarized and is attached.
THE UNDERSIGNED hereby declares that all of the representations of this Proposal are made under
penalty of perjury under the laws of the State of Florida.
(Name of Corporation or Entity)
By:
Date:
Print Name: Title:
19
SCHEDULEA
Statement of Qualifications
SEE ATTACHED
20
SCHEDULE B
Bonding Capability
SEE ATTACHED
21
SCHEDULEC
Experience & References
SEE ATTACHED
22
SECTION 5
INFORMATION REQUIRED OF PARTY MAKING THE PROPOSAL
THIS SECTION MUST BE FULLY COMPLETED
The party making the Proposal shall furnish all the following information accurately and completely.
Failure to comply with this requirement will render the Proposal informal and may cause its rejection.
Additional sheets may be attached if necessary. "You" or "Your" as used herein refers to the Party
making the Proposal's firm and any of its owners, officers, directors, shareholders, parties or principals.
County has discretion to request additional information depending on the Project.
1. Firm name and address:
2. Telephone No.:
3. Type of Entity: (check one) Individual Partnership Corporation
Limited Liability Company Other
4. License No. (if any)
Class:
Name of license holder
D -U -N -S Number
5. Have you or any of your principals ever been licensed under a different name or different license
number?
Response must include information pertaining to principals' association outside of the firm.
If Yes, give name and license number:
6. Names and titles of all principals of the firm:
7. Number of years in the industry:
8. Has your firm or any of its principals defaulted so as to cause a loss to a surety? Response must
include information pertaining to principals' association outside of the firm.
If the answer is "Yes," give dates, names and address of surety and details.
9. Have you or any of your principals been assessed damages for any services rendered in the past three
(3) years? Response must include information pertaining to principals' association outside of the firm.
If Yes, explain:
10. Have you or any of your principals been in litigation or arbitration or a dispute of any kind on a
question or questions relating to services rendered during the past three (3) years? Response must
include information pertaining to principals' association outside of the firm.
If Yes, provide name of public agency and details of the dispute on a separate sheet and attach.
11. Have you or any of your principals ever failed to complete a contract in the last three (3) years?
Response must include information pertaining to principals' association outside of the firm.
If so, give details on a separate sheet and attach.
12. Do you now or have you ever had any direct or indirect business, financial or other, connection with
any official, employee or consultant of the City?
If so, please elaborate.
13. List of References:
23
Contracts of similar nature within the last three (3) years. The City has discretion to require more than
three (3)references.
Contract Organization Amount of Contract Change Completed Contact person
Order Y/N Date and phone number
i
14. Where is your nearest office to the City of Sebastian, Florida?
15. Name(s) and bios of person(s) who will serve as our contact.
Please provide on separate sheet
16. How many employees are in your company?
17. Name, phone number and email for person who will be the main contact for any questions arising
from this RFQ-
1
I certify and declare under penalty of perjury under the laws of the State of Florida that the foregoing
Information Required of the Party Making the Proposal provided by me herein is true and correct.
Executed this day of , 20
(Name of Corporation or Entity)
By:
Print Name:
Title:
STATE OF FLORIDA
COUNTY
The foregoing instrument was acknowledged before me this day of
20_, by as of
SEAL:
Notary Name
who is personally known to me or has produced
as identification.
Notary Signature:
25
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE
PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
(print name of public entity)
by
(print individual's name and title)
for
(print name of entity submitting sworn statement)
2. Whose address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: .
3. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or the United States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political subdivision or any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
4. 1 understand that "convicted" or "conviction as defined in paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non -jury trial or entry of a plea of guilty or
nolo contendere.
5. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a) Florida Statutes, means:
L A predecessor or successor of a person convicted of a public entity crime; or
ii. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another
person, or a pooling equipment or income among persons when not for fair market value under an
arm's length agreement shall be prima facie case that one person controls another person. A person
knowing enters into a joint venture with a person who has been convicted of a public entity crime in
Florida during the preceding 36 months shall be considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e) Florida Statutes, means any
natural person entity organized under the laws of any state or the United States with the legal power to
enter into a binding contract and which bids or applies to bid on contracts for the provisions of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person includes those officers, directors, executives, partners, shareholders, members,
and agents who are active in the management of an entity.
6. Based on information and belief, the statement, which I have marked below, is true in relation
to the entity submitting this sworn statement. (Indicate which statement applies.)
26
Neither the entity submitting this sworn statement, or one of its officers, directors, executives,
partners, shareholders, members, and agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, members, and agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, members, and agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list. (Attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS
FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES
FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
STATE OF FLORIDA
COUNTY
The foregoing instrument was acknowledged before me this day of
20by as of
who is personally known to me or has produced
as identification.
SEAL: Notary Signature:
Notary Name:
Notary Public -State of Florida My Commission #: Expires on:
NON -COLLUSION AFFIDAVIT
State of Florida
County
BEFORE ME, the undersigned authority, personally appeared who, after being by me first duly sworn,
deposes and says of his/her personal knowledge That:
27
(1) He/she is of
submitted a proposal to perform work for the
following:
Bid #:
Bid Name:
, the Proposer that has
(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 Proposer nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or
agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Bid in
connection with the Contract for which the attached Bid has been submitted or to refrain from bidding
in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or
collusion or communication or conference with any other Proposer, firm or person to fix the price or
prices in the attached Bid or of any other Proposer, or to fix any overhead, profit or cost element of the
Bid price or the Bid price of any other Proposer, or to secure through any collusion, conspiracy,
connivance or unlawful agreement any advantage against the Town/City/County of or any person
interested in the proposed Contract: and;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
Signature
Subscribed and sworn to (or affirmed) before me this day of 2019 by
who is personally known to me or who has produced
as identification.
SEAL:
Notary Name:
Notary Signature:
Notary Public -State of Florida My Commission #:
Expires on:
28
DRUG FREE WORKPLACE
Preference shall be given to businesses with drug-free workplace programs. Whenever two or more
Bids which are equal with respect to price, quality, and service are received by the Village for the
procurement of commodities or contractual services, a Bid 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 chapter 893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
S. 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 the statement, I certify that this firm complies fully with the above
requirements.
Proposer's Signature
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