HomeMy WebLinkAboutA - 24-16-RFP - Sebastian Municipal Airport AWOS Upgrade and Maintenance
REQUEST FOR PROPOSAL
24-16-RFP
Sebastian Municipal Airport Automated Weather Observing System (AWOS)
Upgrade And Maintenance
Contact Person
Jessica Graham, CPPB
Procurement/Contracts Manager
Phone: (772) 388 – 8231
Email: jessgraham@cityofsebastian.org
*Dates in this schedule occurring after the release date may be amended by the City.
The City reserves the right to delay or modify dates and will notify Proposers of all changes.
It is the Proposer’s responsibility to check for addenda associated with this solicitation.
PROPOSED SCHEDULE
EVENT DATE TIME
RELEASE DATE: Tuesday, July 2, 2024 -
PRE-PROPOSAL MEETING Tuesday, July 16, 2024 10:00 AM Local Time
QUESTIONS DUE DEADLINE: Friday, July 19, 2024 2:00 PM Local Time
PROPOSAL DUE DATE: Wednesday, July 31, 2024 2:00 PM Local Time
EVALUATION MEETING TBD TBD
2ND EVALUATION MEETING (IF NEEDED) TBD TBD
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING Wednesday, August 28, 2024 6:00 PM Local Time
PROPOSAL SUBMITTAL All proposals must be submitted via VendorLink
electronically https://www.myvendorlink.com/.
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In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability
requiring the use of a special accommodation at the pre-proposal conference or proposal opening should
contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her
special requirements.
REQUEST FOR PROPOSAL
Sebastian Municipal Airport’s (Airport) current AWOS system was purchased in 2017. Several system
components have become obsolete making it expensive to replace or maintain the current system. The new
AWOS will be installed at the City of Sebastian Municipal Airport (FAA Designator X26). In general, the
Aviation Construction work consists of replacing the existing Automated Weather Observation System
(AWOS III P/T). The system shall be installed in accordance with this specification and as approved in
Federal Aviation Administration Advisory Circular 150/5220-16, the latest version and FAA Order 6560-
20B, or the latest version.
ELECTRONIC PROPOSAL SECURITY
Electronic proposal Security shall be submitted by the proposer and shall be made payable to the City of
Sebastian, in an amount of not less than five percent (5%) of the proposal price and in the form of a
certified or cashier's check or a proposal bond issued by a licensed Surety. The Proposal Security shall be
issued by a company having a registered agent in the State of Florida. Personal or business checks are not
acceptable.
RFP SUBMITTAL
Proposals are due at the date and time indicated on the cover page or as amended in the form of an addendum
issued by procurement.
All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to monitor VendorLink
for solicitation opportunities and updates.
It is the sole responsibility of the Contractor to ensure that their response is submitted through VendorLink
no later than the time and date specified in the solicitation or subsequent addenda. The City shall not be
responsible for delays caused by any occurrence. Submittals sent by mail, facsimile, electronic mail,
telephone, or any other means not specified herein will not be accepted.
PRE-PROPOSAL MEETING
A non-mandatory Pre-Proposal Meeting will be held Tuesday, July 16, 2024 at 10:00 AM local time at the
City of Sebastian Public Works Compound located at 505 Airport Drive West, Sebastian, FL 32958. A site
visit will be held immediately after the pre-proposal meeting.
QUESTION DEADLINE
The deadline to submit questions concerning this RFP will be Friday, July 19, 2024 by 2:00 PM local time.
Any and all questions or communication regarding this RFP should be emailed only to the City’s
Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a proposer (or anyone
representing the proposer) regarding this RFP with the City Council or a City employee/representative other
than this point of contact is grounds for disqualification.
PROPOSAL OPENING
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All sealed proposals are due by Wednesday, July 31, 2024 by 2:00 P.M. local time.
The proposal opening will be held virtually. Proposals will be opened at 2:15pm local time. Only the
NAME of the firms who submitted a response to this Request for Proposal will be read aloud.
Meeting Information:
https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df
Meeting ID: 136259113
Password: JhzXZgfvah
Or dial:
+1 (650) 419-1505 United States (San Mateo, CA)
Access Code / Meeting ID: 136259113
Dial-in password: 5499943824
All proposals submitted to the city become public record unless exempt under Florida or other law as
outlined above herein.
Late proposals will not be opened or announced. Proposers have the option of picking up or paying for
the mailed return of their late, unopened Proposal. If this option is not exercised within five (5) days of the
Proposal Opening date, the late, unopened Proposal will be disposed
At its sole discretion, the City may reject any and all proposals or accept any proposal or portion thereof
deemed to be whatever is in its best interest and to waive any non-substantial irregularities.
Date Advertised: Month, Date, Year
Publication: Indian River Press/TCPalm
By: Jessica Graham, CPPB
Procurement Manager
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TABLE OF CONTENTS
REQUEST FOR PROPOSAL 1
TABLE OF CONTENTS 2
SECTION 1 – SCOPE OF WORK 3
SECTION 2 – GENERAL TERMS AND CONDITIONS 4
SECTION 3 – SPECIAL CONDITIONS 5
SECTION 4 – EVALUATION PROCEDURE 6
SECTION 5 – REQUIRED FORMS 7
• CONTACT INFORMATION SHEET 8
• CORPORATE RESOLUTION
• NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER 9
• DRUG FREE WORKPLACE PROGRAM 10
• INSURANCE ACKNOWLEDGEMENT 11
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 12
• CERTIFICATION REGARDING LOBBYING 13
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 14
• REFERENCE LIST 15
• SUBCONTRACTOR LIST 16
• ADDENDA ACKNOWLEDGEMENT 17
• PROPOSAL SECURITY XX
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SECTION 1 – RFP INFORMATION
1.1 SCOPE OF WORK
The City of Sebastian is requesting proposals from FAA-Certified providers to upgrade and maintain
the existing Automated Weather Observing System (AWOS III PT) at Sebastian Municipal Airport
(Sebastian, FL 32958). All work must comply with FAA Advisory Circular No. 150/5220-16 latest
edition. The Provider must have a proven track record of dependability in components, service and
maintenance. The AWOS and other equipment and material covered by FAA specifications shall
have the approval of the Federal Aviation Administration.
1.2 REQUIRED UPGRADES
1.2.1 All AWOS equipment and sensors shall meet all operating tolerances under the operational
environmental conditions described in AC 150/5220-16 for a Class 1 environment.
1.2.2 All proposals submitted shall include reusing the existing tower, utility pad, and
conduits.
1.2.3 At a minimum, the AWOS components listed below shall be replaced.
1.2.3.1. SENSORS
A. Wind Speed and Direction Sensor. The wind speed and direction sensor
may be an ultrasonic type or a mechanical type. The sensor shall meet or
exceed the relevant specifications below. Periodic calibration shall not be
required.
B. Ambient Temperature Sensor. The sensor shall be thermally isolated
in a motor aspirated radiation shield to accurately measure air
temperature.
C. Dew Point. Dew point shall be derived using temperature and relative
humidity data. Algorithms within the AWOS Data Collection Platform
(DCP) shall perform this derivation. The relative humidity sensor shall
be thermally isolated in a motor aspirated radiation shield to accurately
measure the atmospheric dew point temperature.
D. Pressure Sensor. Two pressure sensors shall be provided, with
provisions to accommodate a third as a backup. The sensors shall not
require heaters. Pressure sensors shall be vented to the atmosphere using
a quad-plate pressure port. Each sensor shall have an independent venting
interface (from separate outside vents through dedicated piping) to the
sensors.
E. Cloud Height Sensor. The cloud height sensor shall be capable of
detecting clouds up to 12,500 feet. The sensor shall provide an output of
three cloud layers representative of the sky conditions when surface
visibilities are equal to or greater than ¼ mile.
F. Visibility Sensor. The visibility sensor shall be of the 4-headed design
utilizing the forward scatter method of measurement. The sensor shall be
capable of operating in 3-head mode in the event of the failure of one of
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the heads. A method of calibration traceable to the FAA approved
standards shall be provided.
G. Precipitation Accumulation Sensor. The sensor should be capable of
measuring the precipitation amount with a range of .01 to 5 inches per
hour. Precipitation amount is the liquid equivalent of all precipitation
forms, i.e., liquid, freezing, frozen, or combinations thereof.
H. Present Weather Detector/Sensor. The precipitation type sensor should
provide an indication of the type of precipitation occurring, or should
output precipitation for any precipitation, e.g., liquid, freezing, frozen, or
combinations thereof, when a type cannot be identified. The sensor
should meet the performance requirements of Advisory Circular No.
150/5220-16, latest edition.
I. Thunderstorm Detection Sensor or Network. Thunderstorms within
30 nm of the reference point on the airport should be reported. Direction
is expressed in compass octants for distances from 10 to 30 nm.
1.2.3.2. DATA PROCESSOR
A. Data Reduction: The AWOS data reduction software should include
quality control checks to ensure that the data received are reasonable and
complete and that the associated equipment is working properly before
the weather algorithms are performed. Data reduction should be
performed in accordance with the requirements of Advisory Circular No.
150/5220-16, latest
B. Weather Algorithms: The AWOS data processor should implement
FAA algorithms to generate the elements of the weather observation (e.g.
altimeter setting, density altitude, wind gusts, variable wind directions,
variable visibility, etc.).
C. System Output: Using the most recent one-minute observations of
current weather information, the system should generate the outputs:
• Computer-generated voice transmitted to pilots over radio, e.g.,
VOR, NDB, discrete frequency, etc.
• Input/output port for an operator terminal
• Optional output port for a video display.
• Optional telephone port for dial-up service.
• Optional output port to the national weather network
D. Remote Maintenance Monitoring (RMM): All systems should include
a secure dial-up or Ethernet input/output port that provides the FAA
authorized maintenance technician holding verification authority with
remote access to locally archived and real-time operational, weather
reports, and maintenance data.
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E. Real-Time Clock: The processor should generate time as coordinated
universal time (UTC). The day should be expressed in the Gregorian
calendar. Hours and minutes should be indicated numerically from 0000
to 2359. The clock function should be accurate within 15 seconds each
month compared to an official time source, e.g., WWV.
F. Power Outage: The system should return to normal operation without
human intervention after a power outage. The system should not output
erroneous data when power is restored, and all weather parameters should
achieve normal indications or should indicate missing within 30 minutes.
G. Data Archiving: The processor should retain a local record of the
automated weather reports, as well as the data entered through the
keyboard or via RMM, for use by accident investigators. The interval
between archived reports should not be more than 20 minutes, and the
report should be retained for at least 96 hours. A method should be
provided for the local and RMM retrieval of locally archived reports
using a removable media, e.g., floppy disk, CD, DVD or similar, or a
permanent record, e.g., a hard copy print out.
H. System Constants: The following system constants should be either
permanently installed in the processor at the factory or protected from
unauthorized or accidental modification so that they may not be changed
after initial adjustment at the site without proper authorization from the
factory.
• Elevation of the pressure sensors (MSL) and the ceilometer (AGL)
at the installation site.
• Magnetic variation of the installation site to the nearest degree.
• AWOS facility identification.
• Algorithm constants.
• Alert criteria, including site unique criteria. The airport manager
or other individual responsible to airport management may change
this feature locally.
• System and sensor software and firmware revision level
identification.
1.2.3.3. OPERATING TERMINAL
A. The OT should include a video display terminal and keyboard, as well as
a microphone and speaker that permit the manual addition of a voice
message to the end of the computer generated voice message.
B. Product Augmentation: A specific editing password should control
access to this function. Manual entries of weather phenomena not
automatically observed should be placed in the remarks section of the
observation. A qualified weather observer should have the capability to
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perform the functions required in Advisory Circular No. 150/5220-16,
latest edition.
C. Security: If an OT is a part of the AWOS system, it should be designed
to prevent unauthorized persons from entering data into the system. The
system should require the operator to enter a User ID and Password or a
successive series of codes prior to allowing him/her to proceed with the
entry of data.
D. Periodic Data Validation: Where an OT is used to modify the weather
report, all manually entered data should be automatically time tagged by
the system. The data should be valid until the next hourly or manually
input observation. In order to retain the manually entered data in the
system, the operator should be required to revalidate his/her on-the-hour
observation.
1.3 Voice Subsystem. The voice subsystem shall meet the performance requirements of Advisory
Circular No. 150/5220-16, latest edition.
1.4 Electromagnetic Interference (EMI) Protection. The AWOS should be designed to minimize
susceptibility to EMI and operate successfully in the complex electromagnetic environment of an
airport. The AWOS should not cause interference to existing systems. Should interference caused
by the AWOS occur, the system must be shutdown until the problem is resolved by the
owner/installer/manufacturer.
1.5 Transient and Lightning Protection. AWOS equipment should be protected against damage or
operational upset due to lightning-induced surges on all sensor input lines, sensor supply lines, and
incoming power and data communications lines as well as audio and keying circuits when
transmission of the voice message is provided by other than an integral VHF transmitter. Equipment,
including the electrical circuits of fiber optics modems, and personnel should be protected from
lightning currents and voltages; from power line transients and surges; and from other
electromagnetic fields and charges.
1.6 MAINTENANCE
1.6.1 After installation, AWOS Maintenance shall be covered under a 1-year Service Agreement.
The cost of the initial 1 year service shall be covered in your lump sum price. The Service
Agreement shall begin after project completion and issuance of Certificate of Completion
from the City of Sebastian. At a minimum, the 1-year service agreement shall include:
1.6.1.1. Tri-annual Maintenance (3 on-site regular maintenance visits)
1.6.1.2. Annual Performance Maintenance
1.6.2 The City will require the awarded contractor to provide maintenance services after year 1.
Please see the pricing pages for the year 2-5 service costs. The maintenance services quoted
at a minimum shall include, tri annual maintenance, annual performance maintenance and
troubleshooting services to address any system-related issues or questions.
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1.7 WARRANTY
Any defect in design, materials, or workmanship which may occur during proper and normal use
during a period of 1 year from date of installation or a maximum of 2 years from date of shipment
shall be corrected by repair or replacement by the manufacturer. The contractor shall bear all labor,
product replacement, mobilization, and transportation costs for warranted goods and services. Labor
shall be warranted for no less than two (2) years from the acceptance date and all rework shall be at
no cost to the City of Sebastian. A “No Charge” invoice shall be submitted on all warranty repairs
detailing the replaced goods including dimensions and quantity. The contractor shall respond to all
warranty requests within twenty-four (24) hours of notification. Repeated failure to meet the
established and repair timeframes will be considered unsatisfactory under the terms of this
agreement. Excessive instances of unsatisfactory service shall be cause for default. Warranty repairs
must be accomplished within the service response time of twenty-four (24) hours and shall be fully
completed to the satisfaction of the project manager and City within seven (7) working days.
1.8 AWOS PHOTOS
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SECTION 2 – GENERAL TERMS AND CONDITION
2.1 DEFINITIONS
2.1.1. Request for Proposal (”RFP”): This solicitation document, including any and all addenda.
2.1.2. City: Refers to the City of Sebastian.
2.1.3. Days: Refers to calendar days, unless otherwise stated.
2.1.4. Contract or Agreement: Request for Proposal, all addenda issued thereto, all affidavits, the
signed agreement, and all related documents comprising the totality of the agreement
between the City and the Contractor.
2.1.5. Contractor: Selected proposer awarded a contract to provide the goods or services to the
City.
2.1.6. Proposal: Submission in response to this RFP.
2.1.7. Proposer: Contractor submitting a response to this RFP, “pre-award”.
2.1.8. Responsible Proposer: Proposer that has the integrity, reliability and capability in all
respects to perform in full the contract requirement as stated in the RFP.
2.1.9. Responsive Proposer: Proposer whose proposal fully conforms in all material respects to
the RFP and its entire requirement, including form and substance.
2.1.10. Shall, Must and Will: Interpreted as mandatory language.
2.2 EXTENSION
In addition to any renewal options contained herein, the City has the right to extend any award
resulting from this RFP for the period necessary for the City to release, award, and implement a
replacement agreement for the commodities and/or contractual services provided in this RFP. Such
extension shall be based upon the same prices, terms, and conditions outlined in this RFP.
2.3 CANCELLATION
The City reserves the right to cancel this RFP, in whole or in part, when it is in the City’s best
interest. Notice of cancellation will be posted on VendorLink.
2.4 RFP GUARANTEE
RFP submittals may not be withdrawn after the RFP due date. The proposer shall warrant that the
unit prices, terms, and conditions quoted in the RFP shall be for a period of not less than ninety (90)
days from the solicitation opening date. Such unit prices, terms and conditions shall remain in effect
for the contract period.
2.5 PROPOSAL SUBMISSION
2.5.1. Proposals are due at the date and time indicated on the cover page or as amended in the
form of an addendum issued by procurement.
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2.5.2. All solicitations and supporting documents will be posted on VendorLink at
https://www.myvendorlink.com/. It is the sole responsibility of interested parties to
monitor VendorLink for solicitation opportunities and updates.
2.5.3. It is the sole responsibility of the Contractor to ensure that their response is submitted
through VendorLink no later than the time and date specified in the solicitation or
subsequent addenda. The Contractor is responsible for allowing adequate time to upload
their submittal on VendorLink. If technical difficulties arise during the submission of the
solicitation response, it is the Contractor’s responsibility to contact VendorLink technical
support at support@evendorlink.com. The City shall not be responsible for delays caused
by any occurrence. Submittals sent by mail, facsimile, electronic mail, telephone, or
any other means not specified herein will not be accepted. Acceptable file formats for
upload are Microsoft Excel (.xls or .xlsx), Adobe Portable Document (.pdf), or ZIP file
formats and printing must be enabled on all files submitted.
2.6 EXECUTION OF RFP SUBMITTAL
Each RFP submittal must include the signature of an officer or employee having authority to bind
the contractor in the space(s) provided. Only the terms and conditions of this RFP, as released by
the City or amended via addendum, are valid. Any modification to any term or condition by the
contractor is not binding unless it is expressly agreed to in writing by the City in advance.
2.7 INTERPRETATION OF RFP DOCUMENT
No interpretation of the meaning of this RFP document or correction of any ambiguity,
inconsistency, or error therein will be made verbally to any party. All requests for an interpretation
or clarification of this RFP, and any subsequent addenda, or correction of any apparent ambiguity,
inconsistency, or error will be addressed in writing by the City’s procurement manager. Inquiries
must reference the date of RFP opening, RFP title, and RFP number. Interpretation of the RFP,
clarification of proposal specifications, and changes to the RFP shall be communicated by written
addenda only. Only the written interpretation or correction given by the procurement manager shall
be binding. Verbal responses shall be considered inadmissible in RFP protest proceedings. Proposers
are advised that no other source is authorized to interpret, explain, clarify or give information
regarding the RFP documents. Written addenda shall be signed by the proposer and returned with
the proposal. Failure to return such addenda may constitute cause for rejection of a proposal.
2.8 PUBLIC RECORDS
Section 119.01 Florida Statutes, et. seq., the Florida Public Records Law, provides that municipal
records shall at all times be open for personal inspection by any person. Information and materials
received by the City in connection with all proposers’ responses shall be deemed to be public records
subject to public inspection upon award, recommendation for award, or thirty (30) days after the
RFP opening, whichever occurs first. However, certain exemptions to the public records law are
statutorily provided for in Section 119.07, F.S. Therefore, if the proposer believes any of the
information contained in his or her response is exempt from the Public Records Law, the proposer
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT JEANETTE
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WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-
388-8215 OR EMAIL jwilliams@cityofsebastian.org. CITY OF
SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958.
2.9 NON-COLLUSION
By submitting a RFP, proposer certifies that all information contained in the RFP is truthful to the
best of their knowledge and belief. Proposer further certifies, under oath, that this RFP is made
without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm,
person or corporation responding to this solicitation for the same product or service. Proposer further
certifies that proposer has not divulged discussed, or compared this RFP with other RFPs and has
not colluded with any other proposer or parties to the RFP. Any violation of this provision will result
in the cancellation and/or return of proposers’ materials (as applicable) and the removal of the RFP
from the list(s).
2.10 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All
proposers shall disclose within their RFP to the City the name of any officer, director, or agent who
is also an employee of the City. Furthermore, all proposers must disclose the name of any City
employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm or
any of its branches. Please submit to the City all information on any potential conflict of interest
related to provision of the goods or services requested in this Solicitation.
The term “conflict of interest” refers to situations in which financial or other personal consideration
may adversely affect, or have the appearance of adversely affecting, an employee’s professional
judgment in exercising any City duty or responsibility in administration, management, instruction,
research, or other professional activities.
Should the successful proposer permanently or temporarily hire any City employee or Council
member, who is, or has been, directly involved with the proposer prior to or during performance of
the resulting contract, the Agreement shall be subject to immediate termination by the City.
2.11 PROTEST PROCEDURE
Following Chapter 120, Florida Statutes, any person who is adversely affected by the terms,
conditions, or specifications outlined in this RFP or who is adversely affected by a decision of the
City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours
after the solicitation document is posted or after the notice of decision is posted, respectively,
excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later
than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state
holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or
money order in the amount of one percent (1%) of the total estimated contract value.. The Notice of
Intent to Protest and formal written protest shall be filed at the following address:
Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest
shall state, with particularity, the facts and law upon which the protest is based. Failure to file a
Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or
money order within the time frames or in the manner described above shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes.
2.11.1. Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts
Manager shall promptly investigate the basis of the protest and, after consultation with the
originating department, the City Attorney or any other person or entity deemed necessary, the
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Procurement/Contracts Manager shall issue a decision in writing. A copy of the decision shall be
furnished immediately to the protestor and any other party determined by the
Procurement/Contracts Manager to be directly affected by the decision. The decision shall: a) State
the decision and the basis for the decision, and b) Set forth the protestor’s right to administrative
review.
2.11.2. Administrative Review – If the protestor disagrees with the decision of the
Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager,
provided written notice of such appeal shall be submitted by the protestor to the
Procurement/Contracts Manager within seven (7) calendar days of receipt of the decision to award.
Any appeal of the decision by the City Manager shall be heard by the City Council or other
appropriate administrative or legal body.
2.11.3. Stay of Procurement – In the event of a timely and properly filed protest, the
Procurement/Contracts Manager shall not proceed further with the solicitation or award until all
administrative remedies have been exhausted, or until the City Manager or City Council, as
appropriate, makes a determination on the record that the award of a contract is necessary to protect
substantial interests of the City.
2.12 NO-CONTACT PERIOD / LOBBYING
During the No Contact Period, no Lobbyist, Principal, Business Associate, Business Entity, Vendor,
or other people may lobby a Council Member, Mayor, City Manager, any Procurement Official, or
any City employees except any designated Procurement Official or Officials who may be identified
in the procurement documents for purposes of receiving questions or clarifications or for receiving
RFP protests. The No-Contact Period shall commence on the initial date of the advertisement for
this RFP and continue through and include the date the City Council makes its determination to
approve or reject the final recommendations. Failure to meet any of these requirements may
disqualify the proposer from consideration.
2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES
Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may affect their work in any manner. Failure on the part of the Contractor to be
aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility
or liability arising from the contract award. The Contractor assures and certifies that they will
comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor
shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project,
such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire
suppression/extinguishers, job site first aid kits, and emergency communication. Any fines levied
due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the
Contractor.
2.14 INDEPENDENT CONTRACTOR RELATIONSHIP
The contractor is, and shall be, in the performance of all Services and activities under this
Agreement, an independent contractor, and not an employee, agent, or servant of the City. All
persons engaged in any of the work or services performed under this agreement shall at all times,
and in all places, be subject to the contractor’s sole direction, supervision, and control. The
contractor shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects, the contractor’s relationship and the relationship of its employees to
the City shall be that of an independent contractor and not as employees or agents of the City. The
contractor does not have the power or authority to bind the City in any promise, agreement, or
representation. Nothing contained herein shall be deemed to create an association, partnership, joint
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venture, or relationship of principal and agent or master and servant among the parties or any affiliate
thereof, or to provide any party hereto with the right, power, or authority whether expressed or
implied, to create any such duty or obligation on behalf of any other party. The City, in its absolute
discretion, retains the right to reject, bar, or require the replacement of any employee, subcontractor,
or agent of the contractor. Such rejection shall not relieve the contractor of the obligation to perform
all work in compliance with the RFP.
2.15 CONTRACTOR’S REPRESENTATIVE
The contractor must provide a point of contact for the term of this RFP to include the name, email
address, office telephone, and cell phone numbers of the person(s) to be contacted for the placement
of an order, coordination of services, and to address other issues. If the point of contact differs
between regular work hours, after-hours, weekends, and holidays, this must be provided. The
contractor shall ensure that all personnel assigned to work on this project on their behalf must be
dressed appropriately and clean at all times. Any person who is present on the job site on behalf of
the contractor must be provided and display on their clothing proper identification at all times. The
contractor must also provide the procurement division with any updates to the primary point of
contact. The City reserves the right to require a change in the contractor’s point of contact at the
City’s sole discretion.
2.16 PURCHASES BY OTHER PUBLIC AGENCIES/PIGGYBACK
With the consent and agreement of the contractor, purchases may be made under this RFP by other
governmental agencies, political subdivisions within the state of Florida, or any other public entity.
Such purchases shall be governed by the same terms and conditions stated herein. Further, it is
understood that each agency will issue its own purchase order to the contractor. This agreement in
no way restricts or interferes with the right of any other public agency to rebid any or all of these
items.
2.17 RIGHT TO USE EXISTING CONTRACTS / NON-EXCLUSIVITY
The City reserves the right to utilize any other contract, including, but not limited to, the following:
any state of Florida contract, any contract awarded by any other city or county governmental
agencies, other school boards, other community colleges/state university system, cooperative
agreements, or to directly negotiate/purchase per City policy. The City also reserves the right to RFP
separately any item(s) and/or service(s) covered under this agreement, if deemed to be in the best
interest of the City, at any time during this agreement term.
2.18 PUBLIC ENTITY CRIMES
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 with
the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
"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, nonjury trial, or entry of a plea of guilty or nolo
contendere. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime,
or
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2.18.2. 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, or
Those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate, or
2.18.3. A person or corporation who knowingly entered into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months.
Proposer certifies that neither the entity proposing, nor any of its officers, directors, executives,
partners, shareholders, employees, members or agents who are active in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989. Where the proposer is unable to certify to all of the statement above,
proposer shall attach an explanation to this RFP.
2.19 BANKRUPTCY / INSOLVENCY
At the time of RFP submission, the contractor shall not be in the process of or engaged in any type
of proceedings relating to insolvency or bankruptcy, either voluntary or involuntary or receivership
proceedings. If the contractor is awarded a contract for six (6) months or longer, and files for
bankruptcy, insolvency, or receivership thereafter, the City may, at its option, terminate and cancel
the agreement, in which event all rights hereunder shall immediately cease and terminate.
2.20 TERMINATION FOR CAUSE OR CONVENIENCE
The agreement resulting from this RFP can be terminated immediately for cause if contractor is
found to have failed to perform services in a manner satisfactory to the City; or the City may
terminate without cause upon thirty (30) days’ written notice to the Proposer. In the event of either
termination, the contractor shall be compensated for all services performed to the City’s satisfaction.
The City shall be sole judge of non-performance.
2.21 RIGHT TO REJECT
The City reserves the right to reject any or all RFP(s), to waive minor irregularities, and/or to accept
the RFP(s), which in its sole judgment best serves the interest of the City.
More than one RFP from an individual, proposer or association under same or different names, will
not be considered.
2.22 INVOICING
Payments shall be made in accordance with Section 218, Part VII of the Florida Statutes. Unless
otherwise noted, invoices shall be mailed directly to The City of Sebastian, Accounts Payable, 1225
Main Street, Sebastian, FL 32958. The Contractor shall provide fully documented invoices, which
indicates the basic information listed below.
a) Name of the business organization as specified on the Contract between City and Contractor
b) Date of invoice
c) Contractor’s invoice number
d) Contractor’s federal identification number on file with the state
e) City purchase order number and solicitation number
f) Unit price of the goods, services or property provided
g) Extended total price of the goods, services or property
h) Applicable discounts
i) Description of provided goods or services
j) Quantity of provided goods or services
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k) Date(s) of delivery of provided goods or services
l) Location provided goods or services were delivered
Any invoice submitted as a result of the award of this RFP shall be itemized matching the items on
the purchase order. “Lump sum” invoices shall not be submitted and will not be accepted for multiple
line purchase orders. An invoice can only reference one purchase order number. Invoices that do not
reference valid purchase order number will be returned to the contractor for resolution of the
discrepancies and resubmitted.
It shall be understood that invoices shall not be authorized for payment until the work is inspected
by the respective City representative and payment is approved. The City will pay the contract price
minus any liquidated damages, back charges and/or other damages to the contractor upon final
completion and acceptance. The City shall provide partial payments for Work completed by the
contractor during various phases of the Work assignment in accordance with the unit pricing
provided in their proposal subject to an agreement maximum or not to exceed amount. Failure to
submit invoices in the prescribed manner will delay payment.
2.23 DIRECT PURCHASES
The City, as a holder of a current Consumer’s Certificate of Exemption, reserves the right to make
direct purchases of any materials and/or equipment included in the project to achieve sales tax
savings. The City shall coordinate such purchases with the Contractor. To the extent requested by
the City, the Contractor will be responsible for coordinating the delivery, safekeeping, protection,
insuring (as to those items that will be installed by Contractor), inspection, installation and testing
of any materials purchased by the City, and for the management and administration of any warranty
claims pertaining to such materials and equipment. Furthermore, furnished and installed materials
directly purchased by the City will be deducted from the Contractor’s Guaranteed Maximum Price
(GMP). Contractor shall provide a bid that includes all costs to complete the project.
2.24 PAYMENT
The City will only pay the dollar amounts as authorized on the purchase order. Payment will be
made according to Chapter 218, F.S., Local Government Prompt Payment Act, after the
commodities or contractual services provided by the contractor have been received, inspected, and
found to comply with award specifications, free of damage or defect, and properly invoiced.
Payment for partial shipments shall not be made unless specified in the purchase order. Failure to
follow these instructions may result in delays in processing invoices for payment. The purchase
order number must appear on invoices, bills of lading, packages, cases, delivery lists, and
correspondence.
2.25 AVAILABILITY OF FUNDS
The obligations of the City under this agreement are subject to the availability of funds lawfully
appropriated for its purpose by the State of Florida and the City of Sebastian City Council.
2.26 SUBCONTRACTORS AND SUPPLIERS
The proposer is required to identify any and all subcontractors and/or suppliers that will be used in
the performance of the proposed contract and to clearly identify in their submission the names,
portions and percentages of work to be performed by their subcontractors or suppliers. Contractor
shall be solely responsible for all acts and omissions of its subcontractors or suppliers. Nothing in
the RFP and contract documents creates any contractual relationship between any subcontractor or
suppliers and the City of Sebastian. Contractor shall be responsible for the timely payment of its
subcontractors and suppliers as required by Florida Statute Chapter 218.735. Failure to comply with
these payment requirements will place the contractor in default of the contract.
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2.27 ASSIGNMENT
The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or
of any or all of its rights, title, or interest therein, or its power to execute such agreement to any
person, firm, or corporation without prior written authorization by the City.
2.28 SILENCE OF SPECIFICATIONS
Any omissions of detail in the specifications stated herein that would render the commodities from
use, as specified herein, will not relieve the contractor from responsibility.
2.29 DISCRIMINATION
The proposer shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by federal or state of Florida laws and regulations. The City
of Sebastian will not knowingly do business with vendors, proposers, or contractors who
discriminate on those protected by state and federal law. Through the course of providing services
to the City, contractors shall affirmatively comply with all applicable provisions of Title VI of the
Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil R ights Act
of 1992, as well as all other applicable regulations, guidelines and standards. Any person who
believes their rights have been violated should report such discrimination to the City.
2.30 AUDIT AND INSPECTION
The City or their representative reserves the right to inspect and/or audit the contractor's documents
and records as they pertain to the products and services delivered under this RFP. Such rights will
be exercised with notice to the contractor to determine compliance with and performance of the
terms, conditions, and specifications on all matters, rights, duties, and obligations established by this
RFP. Documents or records in any form shall be open to the city’s representative and may include
but are not limited to all correspondence, ordering, payment, inspection, and receiving records,
contracts or sub-contracts that directly or indirectly pertain to the transactions between the City and
the contractor.
2.31 INDEMNIFICATION
The contractor and its Subcontractor(s) shall indemnify, defend and hold harmless the City,
and its officers and employees, from all third-party claims, demands, liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the contractor
or its Sub-Contractor(s) and other persons employed or utilized by the Contractor or its
subcontractor(s) in the performance of the agreement. Upon request of the City, the
contractor or its subcontractor(s) shall, at no cost or expense to the City, indemnify and hold
the City harmless of any suit asserting a claim for any loss, damage or liability specified
above, and the contractor or its subcontractor(s) shall pay any cost and reasonable attorneys’
fees that may be incurred by the City in connection with any such claim or suit or in
enforcing the indemnity granted above. Nothing in this agreement shall be construed as the
City waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any
other sovereign or governmental immunity. This provision shall survive the termination of
this RFP.
2.32 CONTRACTS AND AMENDMENTS
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The contents of this RFP and all provisions of the contractor’s submittal shall be considered an
agreement and become legally binding. Any changes to the provisions hereinafter award must be in
writing and signed by both Parties.
2.33 SCRUTINIZED VENDOR CERTIFICATION
Proposer certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or
services to the City, that it:
2.33.1. Does not participate in a boycott of Israel; and
2.33.2. Is not on the Scrutinized Companies that Boycott Israel List; and
2.33.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
2.33.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List; and
2.33.5. Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian
shall provide notice, in writing, to the Proposer of the City’s determination concerning the false
certification. The contractor shall have sixty-(60) days following the receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the
Proposer determines, using credible information available to the public, that a false certification has
been submitted by Proposer, this contract may be terminated and a civil penalty equal to the greater
of $2 million or twice the amount of this contract shall be imposed, pursuant to F.S. 287.135 Said
certification must also be submitted at the time of Contract renewal.
Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local
government entities from: 1) contracting with companies for goods or services in any amount if at
the time of proposing on, proposing a RFP for, or entering into or renewing a contract if the company
is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, or is engaged in a boycott of Israel; and 2) contracting with companies, for goods
or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
created pursuant to Section 215.473, Florida Statute, or have been engaged in business operation s
in Cuba or Syria.
As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance
hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List;
engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized
Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran
Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations
in Cuba or Syria.
2.34 LICENSING, CERTIFICATION, AND REGISTRATION
Contractors must show their current Business Tax Receipt (if located in the City of Sebastian, City
of Vero Beach, or Indian River County), as well as any licenses required by Chapter 489, F.S.,
Section 62C-20 (F.A.C.), and/or by the US EPA. All licenses shall be up to date. Contractors who
are required to be registered with the Florida Department of State, Division of Corporations or who
are incorporated within the state of Florida must furnish their Florida document number and a
screenshot of their “active” status. All registered contractors must have an active status to be eligible
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to do business with the City. If the proposer is a State Certified General Contractor, or a State
Registered General Contractor the proposer must be registered with the City of Sebastian.
Contractors doing business under a fictitious name, on page 1, must submit their offer using the
company’s complete registered legal name; for example, ABC, Inc. d/b/a XYZ Company. If the
contractor is not located in Florida, the contractor must provide their state’s document number and
a screenshot of their current, date-identified “active” status with their submittal.
2.35 TAXES
Although the City of Sebastian is exempt from federal and state sales and use taxes, contractors or
vendors doing business with the City are not exempted from paying said taxes to their supplier for
goods or services purchased to fulfill the contractual obligations with the City, nor shall any
contractor or vendor be authorized to use the City’s Tax Exemption Number in securing such
materials.
2.36 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL
If the Contractor considers any portion of the documents, data, or records submitted in response to
this RFP to be a confidential trade secret, or otherwise not subject to disclosure under Chapter 119
Florida Statutes, the Florida Constitution or other authority, the contractor must also simultaneously
provide the City with a separate redacted copy of its response. The redacted copy shall contain the
City’s solicitation name, number, and the name of the Contractor on the cover, and shall be clearly
titled “Redacted Copy.” The contractor must also include next to each redaction the statutory basis
for the exemption. The contractor shall be responsible for defending its determination that the
redacted portions of its response are a confidential, trade secret, or otherwise not subject to
disclosure. Further, the contractor shall protect, defend and indemnify the City for any claims from
or relating to the contractor’s determination that the redacted portions of its response are
confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the contractor fails
to submit a Redacted Copy with its response, the City is authorized to produce the entire documents,
data, or records submitted by the contractor in response to a public records request for these records.
2.37 FAVORED NATION CLAUSE
Based on similar size and quantity, it is understood that the contractor is providing the City the same
or better pricing than other governmental agencies. If during the term of this agreement, the City
identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price.
2.38 LIQUIDATED DAMAGES
The contractor agrees to the use of liquidated damages in the event the contractor fails to perform
by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the
Agreement, to pay the City the sum of Three-Hundred Dollars ($300.00), for each and every
calendar day that the Contractor shall be in default after the time stipulated in the Agreement for
completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty
but liquidated damages for breach of contract
On the occasion where the contractor is in default of the Agreement, or any material provision
thereof, or fails to remedy any deficiency in performance, the City may procure the necessary
supplies or services from an alternative source and hold the contractor financially responsible for
any excess costs incurred. The difference between the proposal price of the product or service and
the actual price paid may be deducted from any current or future obligations owed to the contractor
as liquidated damages.
2.39 FORCE MAJEURE
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Neither Party shall be liable for any failure or delay in performing any duty, requirement, or
obligation under this agreement that is due to any of the following causes, to the extent beyond its
reasonable control: fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of
God, epidemic, pandemic, quarantine, riots, civil commotion, acts of government authorities,
changes in laws or regulations strikes, or other labor disputes, or because of any other matter or
condition beyond the control of either party and which cannot be overcome by reasonable diligence
and without unusual expense.
2.40 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES
A Vendor Performance Report form will be utilized to document unsatisfactory performance during
the term of this RFP. The report may become an important part of the contractor’s history. The report
and process will assist the City in determining whether there is a continuing pattern of problems that
may need to be addressed through termination of contract and/or suspension of the contractor from
future bidding.
2.41 E-VERIFY
In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding
Executive Order 11-02; Certification of Employment Status), in the event performance of this
Agreement is or will be funded using state or federal funds, the contractor must comply with the
Employment Eligibility Verification Program developed by the federal government to verify the
eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is
incorporated herein by reference. The contractor shall (1) enroll in the U.S. Department of Homeland
Security’s E-Verify system, (2) utilize E-Verify to verify the employment eligibility of all new
employees hired during the term of the contract (3) utilize E-Verify to verify the employment
eligibility of all employees assigned to the contract; and (4) shall expressly require any
subcontractors performing work or providing services pursuant to the contract to likewise utilize E-
Verify to verify the employment eligibility of all new employees hired by the subcontractor during
the contract term. Information on registration for and use of the E-Verify system can be obtained at
the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify.
2.42 IMMIGRATION LAWS
The City will not intentionally award City contracts to any firm who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in an 8
U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). Refer
to E-Verify Acknowledgment in solicitation documents.
2.43 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Proposer certifies the following:
2.43.1. A written statement is published notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace named above and specifying actions that will be taken against violations of such
prohibition.
2.43.2. Employees are informed about the dangers of drug abuse in the work place, the proposers
policy of maintaining a drug free working environment, and available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug use violations.
2.43.3. Employees are notified that as a condition of working on the commodities or contractual
services being solicited, they will notify the employer of any conviction of, plea of guilty
or nolo contendere to, any violation of Chapter 893, or of any controlled substance law of
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the State of Florida or the United States, for a violation occurring in the work place, no
later than five (5) days after such conviction, and requires employees to sign copies of such
written statement to acknowledge their receipt.
2.43.4. The proposer employer imposes a sanction, or requires 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.
2.43.5. The proposer/employer makes a good faith effort to continue to maintain a drug free work
place through the Implementation of the drug free workplace program.
2.44 DEBARMENT AND SUSPENSION
2.44.1. Proposer certifies to the best of its knowledge and belief that it and its principals:
2.44.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2.44.3. Have not within a three-year period preceding this application been convicted or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
Local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
2.44.4. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
2.44.5. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State or local) terminated for cause or default.
2.44.6. The City of Sebastian will not make award to parties listed on the government wide
exclusions in the System for Award Management (SAM).
2.45 FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS
By submission of a proposal, Respondent affirms that it is not currently listed in the Florida
Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.
2.46 RIGHTS IN DATA
The City of Sebastian is and will remain the owner of all data provided to the contractor by the City
under this contract. The contractor will not use such data for any purpose other than providing
services and support to the City under this RFP, nor will any part of such data be sold, assigned,
leased, or otherwise disclosed to third parties (other than authorized subcontractors for purposes of
performance of the Services) or commercially exploited by or on behalf of the contractor. The
contractor will not possess or assert any lien or other right against such data.
2.47 DATA TRANSMISSION
The contractor agrees that any transmission or exchange of system application data with the City
and/or any other parties shall take place via secure means using current industry approved encryption
standards.
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2.48 DATA BREACH
Contractor agrees to comply with the State of Florida Database Breach Notification Act outlined in
Section 501.171, F.S. In the event of a breach described in Section 501.171, F.S. ("Notification
Event"), Contractor will notify the City immediately and will comply with the requirements of
Section 501.171, F.S. assume responsibility for all costs associated with complying with the breach
notification and informing all such individuals by applicable law. The Contractor agrees to
indemnify, hold harmless and defend the City and its trustees, officers, and employees from and
against any claims, damages, or other harm related to such Notification Event.
2.49 COPYRIGHTS
The parties want to ensure that the City has the ability to obtain copyrights, trademarks, service
marks, etc. on the items created as part of this contract. Consultant agrees that any work prepared
for the City which is eligible for copyright protection in the United States or elsewhere shall be work
made for hire as a commissioned work. If any such work is deemed for any reason not to be work
made for hire, Consultant assigns all right, title and interest in the copyright in such work, included
but not limited to copyrights in text, two-dimensional and three-dimensional representations or
animations, and all extensions and renewals thereof, to the City, and agrees to provide all assistance
reasonably requested by the City in the establishment, preservation and enforcement of its copyright
in such work, such assistance to be provided at the City’s expense but without additional
compensation to Consultant. Consultant agrees to waive all artist’s rights and moral rights under
Federal, State or International law, relating to the work developed or produced, including without
limitation any and all rights of identification of authorship and any and all rights of approval,
restriction or limitation on use of subsequent modification.
2.50 NOTICE
Whenever either Party desires to give notice unto the other, it must be given by written notice, sent
by registered United States mail, with return receipt requested, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice in compliance with the
provisions of this paragraph. For the present, the Contractor designates the address set forth on the
first page of this RFP document as its place for receiving notice, and the City designates the
following address for such notice:
The City of Sebastian
Attention: Procurement/Contracts Manager
1225 Main Street, Sebastian, FL 32958
Telephone: 772-388-8231
Email: jessgraham@cityofsebastian.org.
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SECTION 3 - SPECIAL CONDITIONS
3.1 AWARD
This RFP will generally be awarded to the most responsive and responsible proposer(s) who scores
the highest number of points; however, the City reserves the right to award to whomever they wish,
or to accept or reject any or all proposals submitted in whole or in part, and to cancel this RFP and
re-solicit or not re-solicit as determined to be in the City’s best interests. The City also reserves the
right to select a proposer without shortlisting or requesting oral presentation. The establishment,
application and interpretation of the evaluation criteria above shall be solely within the discretion of
the City.
3.2 LENGTH OF CONTRACT AND RENEWAL
This RFP will result in a one-time agreement. The City seeks a Contractor that will provide timely
completion and adhere to the agreed upon schedule.
3.3 NOTICE TO PROCEED
The contractor shall not commence any work, nor enter a worksite, until a written Notice to Proceed
(NTP) directing the awarded proposer to proceed with the Work has been issued by the City;
provided that such notification shall be superseded by any emergency work that may be required in
accordance with the provisions included elsewhere in this RFP and resulting contract.
3.4 TIMELINE / SCHEDULE
This RFP will result in a single agreement for completion of the scope of work within one hundred
and eighty (180) days from the date indicated in the Notice to Proceed (NTP). Estimated start date
is September 1, 2024. The City reserves the right to extend these dates, at its sole discretion. The
City seeks a contractor that will provide timely completion and adhere to the agreed upon schedule.
3.5 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) CONTRACTOR
SUSPENSION LIST
Any entity of affiliate who has had its Certificate of Qualification suspended, revoked, denied, or
have further been determined by FDOT to be a non-responsible contractor, shall not submit a
proposal or perform work for the construction or repair of a public building. FDOT Contractor
Suspension List: https://www.fdot.gov/construction/legal/newsuspension.shtm
3.6 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
The proposer agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26
have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with federal funds. In this regard all proposers shall take all necessary
and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBE's have the maximum
opportunity to compete for and perform contracts. Proposers shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of DOT assisted contracts.
3.7 SITE ACCESS
To the extent services awarded under this RFP require the Contractor to be provided keys or security
access badges by the City, if these items are lost, the Contractor will be responsible for the entire
cost of replacement keys and the cost to rekey the site. For security purposes, the Contractor shall
report the lost or stolen key to the assigned Project Manager immediately, so the City may take steps
to secure the location.
3.8 EMERGENCY WORK REQUESTS
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Emergencies are defined as total equipment failure or as determined by the maintenance
representative. The Contractor shall respond within thirty (30) minutes via phone call or email to
the Facilities representative personnel after notification and shall have a technician on-site within
one (1) hour after notification to meet the Facilities representative at the job site to review the scope
of work, provide an estimate, and proceed with work without delay.
3.9 ROUTINE CALLS
Routine calls shall be handled during the hours of 7:30 a.m. to 4:30 p.m. Monday through Friday,
excluding holidays. The Contractor shall provide an on-site response to service requests within
twenty-four (24) hours of the request and shall respond to the project manager or designated
representative inquiries within twenty-four (24) hours of the initial contact. Any deviation from this
schedule requires pre-approval from project manager.
3.10 PROJECT COORDINATION
Contractor shall commit to participating in regularly scheduled (i.e. weekly or bi -weekly) project
coordination meetings with the contractor’s designated representative and City’s Project Manager
throughout the duration of the project and adhere to all CDC guidelines concerning COVID-19.
3.10.1. A City project manager will be assigned to oversee all assigned work to ensure adherence
to schedules and service quality throughout the project’s progression and submittal of final
payment. The project manager will periodically inspect the work being performed to ensure
compliance with the requirements of the agreement. If the requirements are not
satisfactorily being met, the City shall require the contractor to correct any discrepancies,
inconsistencies, or faults immediately at no additional cost to the City. The contractor shall
understand and agree to the following:
3.10.1.1. Contractor shall be solely responsible and assume all liability for the
supervision, direction of all work, and for all means, methods, techniques,
sequences, procedures, and coordination for all services under the
agreement; contractor shall ensure enough personnel, materials, supplies,
means of transportation, tools and equipment are made available to
perform the services; and
3.10.1.2. Contractor shall at all times provide a responsible, knowledgeable, English
speaking worksite supervisor or representative, who has decision making
authority; and
3.10.1.3. Contractor shall be solely responsible to the City for the acts and omissions
of their subcontractors, agents, employees, and any other persons
performing any service under this agreement; and
3.10.1.4. The practices methods and materials utilized in the work within or adjacent
to any structure must conform to any applicable local, state and federal
regulations and codes.
3.11 SITE INSPECTION AND DUE DILIGENCE
Proposers are obligated to carefully examine the project specification, as well as exercising due
diligence regarding any and all current and pre-existing conditions at the project site. Prior to
submitting their proposal, the proposer shall be responsible for visiting the project site and becoming
familiar with any conditions which may affect the work to be performed. Prior to the commencement
of work, the contractor shall submit photographs and/or video recordings to the project manager to
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document any and all such pre-existing damage to the roadways, driveways, approaches, tree trucks
or limbs, landscaping, sod, facilities, utilities, walls and ancillary improvements located at the
project site and/or any surrounding areas to be accessed and/or utilized by the contractor. Any
damage to public and/or private property resulting either directly or indirectly from the execution of
the project by the contractor shall be repaired or replaced at the sole expense of the contractor in a
manner acceptable to the City. Failure to properly document such pre-existing conditions and to
submit said documentation as required, may render the contractor liable to repair any such damage
at no expense to the City. No additional allowances shall be made due to the proposer’s lack of
knowledge of the project requirements and site conditions.
3.12 STOP WORK ORDER
The City may at any time by written notice to the contractor stop all or any part of the work for this
RFP award. Upon receiving such notice, the contractor will take all reasonable steps to minimize
additional costs during the period of work stoppage. The City may subsequently either cancel the
stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or
terminate the work in accordance with the provisions of the RFP terms and conditions.
3.13 QUANTITIES
Any quantities identified in this RFP are estimates only and in no way obligate the City to purchase
these amounts. The City reserves the right to re-negotiate prices if, at any time during the term of
the agreement, the City purchases more than the estimated quantities in this RFP.
3.14 PROTECTION OF PERSONS AND PROPERTY
While performing services for the City of Sebastian, the awarded contractor shall be responsible for
any damage to the City of Sebastian property, personal property or visitor property due to any type
of negligence on the part of the awarded contractor, their employees or other agents. The contractor
must show reasonable attempt to avoid damage to City or private property under all conditions. The
awarded contractor agrees to repair or replace, at its own expense, any damage that was caused by
the awarded contractor, their employees or their agents. The contractor must not drive or park
equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively wet conditions
on grassy areas, the contractor must contact the project manager for recommendations or
workarounds prior to commencing the work. Any damages, including damage to finished surfaces
and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned
to the satisfaction of the project manager. Any public or private property damaged by the contractor
or a representative during the services shall be repaired or replaced to the satisfaction of the project
manager at no cost to the City. The project shall not be considered complete until incurred damages,
if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager.
3.15 REMOVAL OF DEBRIS
Contractor shall at all times, during the performance of services, keep the worksite free and clear of
all rubbish and debris. Any material or waste generated by contractor or its employees, agents and
Subcontractors shall be removed and disposed of by the contractor at its expense, to the satisfaction
of the City. The contractor assumes all liability for accidents that may occur due to any debris,
equipment, tools, and worksite hazards.
3.16 PAYMENT/PERFORMANCE BONDS
3.16.1. A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement
price shall be required on this project., The successful proposer shall, within fourteen (14)
calendar days after receiving Notice of Award, submit a performance and payment bond
(“Bond”). The Bond will guarantee the completion of the Work covered by the Contract
Documents as well as the payment of all suppliers, Subcontractors, and the Contractor’s
workforce. The Bond(s) shall not contain a provision allowing the Surety(s) to cancel the
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Bonds prior to the full Completion of the Contract, including the option to renew years.
(Sample Forms are provided for information purposes.)
3.16.2. The bond (s) shall be provided by a surety company authorized to do business in the state
of Florida, and approved by the city manager and city attorney. In lieu of a bond(s) the
contractor may furnish as security in favor of the City a certified check, a cashier’s check
or an irrevocable letter of credit.
3.16.3. The check or letter of credit shall be drawn on or issued by a bank authorized to do business
in the state of Florida. The form of the check or letter or credit must be approved b y the
city manager and city attorney.
3.16.4. Attorneys-in-fact who sign bonds must file with each bond a certified and effective dated
copy of their power of attorney. Surety companies executing bonds must appear on the
Treasury Department’s most current list (Circular 570 as amended), and be authorized to
transact business in the state of Florida.
3.17 PERMITS AND REGULATIONS
All work covered by the technical codes will require a permit from the City of Sebastian Building
Department. This includes constructing, enlarging, altering, repairing, moving, demolishing,
changing of occupancy or use, erecting, installing, converting or replacing any building or structure,
electrical, plumbing, mechanical, gas, fire alarm or fire sprinkler system. The contractor shall
procure and pay for all licenses, and bonds necessary for the prosecution of the work, and/or required
by municipal, state and federal regulations, laws and procedures, unless specifically provided
otherwise in the RFP documents. For more information on the City of Sebastian, Building
Department, please visit: https://www.cityofsebastian.org/171/Building-Business-Tax.
3.18 OWNERSHIP OF THE WORK
3.18.1. The contractor is solely responsible for all work, until final completion of the work.
Contractor shall be liable for all damage, theft, maintenance, and safety until such time as
the City of Sebastian issues a notice of final completion of the work. Upon completion of
each job, the contractor shall submit the following information, as applicable:
3.18.1.1. Final invoice with documentation.
3.18.1.2. The Contract Completion Form
3.18.1.3. Acceptance from City of Sebastian Building department
3.18.1.4. Warranty information to include effective dates, contact information, and
details on the scope of coverage.
3.18.1.5. Cut sheets and Operations and Maintenance manuals for any installed
equipment.
3.18.1.6. As-Built Drawings
3.18.1.7. Contractor internal work orders / employee timesheets upon request
3.18.1.8. Certified payroll, upon request
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3.18.1.9. Any other documents as requested by the City
3.19 INSURANCE
3.19.1. The City of Sebastian is to be specifically included as an additional insured on all
certificates of insurance (with exception to Workers Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile Liability. 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.
3.19.2. Before starting and until acceptance of the work by the City, Awarded Contractor 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.
3.19.3. The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
3.19.4. Minimum coverage with limits and provisions are as follows:
3.19.4.1. Commercial General Liability: The Successful Proposer shall provide
minimum limits of $1,000,000 each occurrence, $2,000,000 general
aggregate combined single limit for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products, completed operations, contractual liability, specifically
confirming and insuring 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 and shall name
the City as an additional insured with waiver of subrogation noted on the
Certificate of Liability. The policy of insurance shall be written on an
“occurrence” form.
3.19.4.2. Business Automobile: Successful Proposer 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
3.19.4.3. Umbrella/ Excess Liability: Successful Proposer 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 Proposer has
$2,000,000 General Aggregate under the Commercial General
Liability Policy. **
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3.19.4.4. Workers' Compensation: The Successful Proposer 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 (Florida Statutes Chapter 440). Exemption
certificates to this requirement are not acceptable. The policy(ies) must
include Employer’s Liability with minimum limits of $1,000,000 each
accident and a waiver of subrogation.
3.19.4.5. An endorsement to the Commercial General Liability or Automobile
Liability policy, covering Contractor’s or subcontractor’ liability for
bodily injury, property damage and environmental damage resulting from
sudden accidental and gradual pollution and related clean-up cost incurred
by the Contractor that arise from the Goods delivered or Services
(including transportation risk) performed by Contractor under this
Contract is also acceptable.
3.19.5. The Contractor shall declare any self-insured retention or deductible amount in excess of
$5,000 for any policy. The City reserves the right to reject any self-insured retention or
deductible in excess of $5,000.
3.19.6. 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 contractor to
ensure that all subcontractors comply with the insurance requirements set forth in this
Agreement. 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.
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SECTION 4 – EVALUATION PROCEDURE
4.1 It is the intent of the City that all responsive and responsible proposers responding to this RFP, who
meet the requirements, will be ranked in accordance with the criteria established in these
documents.
4.2 Proposals shall include all information solicited in this RFP. Proposers will provide their best price
and cost analysis and should not withhold any information from the written response in anticipation
of presenting the information orally or in a demonstration, since oral presentations or
demonstrations may not be solicited. Each proposer will be ranked based on the criteria herein
addressed.
4.3 Weights for cost will not be assigned by the evaluation committee. Cost will be scored by the
Procurement Division based on the criteria in 4.9. During the evaluation process and at the sole
discretion of the City, requests for clarification of one or more proposer submittals may be
conducted. This request for clarification may be performed by the City in a written format, or
through scheduled oral interviews. Such clarification request will provide proposers with an
opportunity to answer any questions the City may have on a proposer’s submittal. After written
clarification is completed, the Committee members will have an opportunity to revise their
individual scores for the non-price factors.
4.4 An adjective-based scoring system shall be applied to the qualification criteria throughout the
evaluation process for the evaluation of the written responses and the oral discussions. A score of
0 is the least favorable and a score of 4 is the most favorable in all sections.
4.5 The Proposer’s response will be scored by Committee members in accordance with the following
scale:
Weighted
Value Description
0 “Non-Responsive”: No information provided for the specific criteria.
Proposer failed to address the criteria. No documentation was provided.
1 “Insufficient Evidence”: Proposal is lacking or inadequate in most basic
requirements for the specific criteria
2 “Partial/Basic Evidence”: Proposal meets many of the basic requirements
for the specific criteria but is lacking in some essential aspects.
3
“Sufficient Evidence”: Proposal adequately meets the minimum
requirements of the specific criteria and is generally capable of meeting the
City’s needs.
4 “High Level Evidence”: Proposal exceeds the minimum requirements in
most aspects of the specific criteria.
NOTE: The Committee member’s score times the “weighted value” assigned to the
different sections listed here equals the total score for that section. (EXAMPLE: Maximum
score of 4 X’s weighted value of 10 = Maximum of 40 Points).
4.6 Proposers submitting the required criteria will have their proposals evaluated by an evaluation team
and scored for the proposal criteria factors to include but not limited to the ability of the professional
personnel; past performance; willingness to meet time requirements; and recent, current, and
projected workloads.
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4.7 Proposal Requirements
4.7.1. Pages should be sequentially numbered at the bottom of the page.
4.7.2. Proposals should be concise and provide only the information requested. Additional data
will not be considered.
4.7.3. The Proposal shall be limited to no more than fifty (50) pages (Not including the required
forms listed in Tab 1 or the Required Tabs). Any responses exceeding fifty (50) pages, not
including the required forms or tabs, may be considered non-responsive and not considered
for award.
4.8 Proposal Submittal Format
Proposers shall include the following information in their written response document.
4.8.1. Title Page: (Non-scored) - Title Page shall show the request for proposal's subject, title
and proposal number; the firm's name; the name, address and telephone number of a contact
person; and the date of the proposal.
4.8.2. TAB 1 – Transmittal Letter & Mandatory Forms: (Non-scored)
4.8.2.1. The response shall contain a cover letter by a person who is authorized to
commit the Firm to perform the work included in the proposal and shall
identify all materials and enclosures being forwarded in response to the RFP.
The letter shall also provide a brief description of the Firm’s ability to meet
the requirements of the RFP, to include a statement that they are financially
capable to perform the scope of work required for this project and provide a
brief discussion about Firm’s business history in the marketplace.
4.8.2.2. Required Forms
• Contact Information Sheet
• Non-Collusion Affidavit Form
• Drug Free Workplace Program
• Insurance Requirements Acknowledgement
• Certification Regarding Debarment and Suspension
• Disclosure of Lobbying
• Reference List
• Subcontractor List
• Addenda Acknowledgement
4.8.3. TAB 2 – Table of contents: (Non-scored) - The Table of Contents shall provide listing of
all major topics, their associated section number, and starting page.
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4.8.4. TAB 3 – Summary of Qualifications: (maximum 4 x 4 = maximum 16 points
4.8.4.1. Business History – provide a brief history of the company’s background.
Include at a minimum a general description of work performed by company;
date company was established; number of years owner has worked in this area
of business; and physical location of facility servicing this account.
4.8.4.2. Current Contracts - provide a list of current contracts, preferably in the
southeastern United States.
4.8.4.3. Past Performance – provide a comprehensive list of past performance and list
type of disaster, scope of work, dollar value, reference name, email address &
phone number. Proposers must have a least five (5) years’ experience
satisfactorily providing the proposed services to a municipality or other public
entity. If the Proposer does not have any experience with providing similar
services to a public entity, the City may accept similar experience for a private
entity, at the City’s sole discretion.
4.8.4.4. Litigation – provide a summary of any litigation filed against the
proposer in the past five (5) years that is related to the services to be
provided. The summary shall state the nature of the litigation, a brief
description of the case, the outcome or projected outcome and the
monetary amounts involved.
4.8.4.5. If firm is currently or has previously provided services for the City of
Sebastian, please provide an itemized list of these projects to include contact
person, length of time service was provided and value of contract.
4.8.5. TAB 4 – Technical Approach: (maximum 4 x 7 = maximum 28)
4.8.5.1. Describe firm’s approach to providing AWOS system upgrades. Proposers
shall also document their unique methods to accomplishing the upgrade and
alleviating downtime.
4.8.5.2. Proposed technical approach should enable the City to assess the Proposer’s
capability to perform requested services in a structured and efficient manner.
4.8.6. TAB 5 –Maintenance Program (maximum 4 x 4 = maximum 16 points)
1.8.1.1. Describe, in detail, your company’s maintenance program. Per the scope of
work, Tri-annual Maintenance (3 on-site regular maintenance visits) and
Annual Performance Maintenance is required.
1.8.1.2. Proposers shall include a copy of their maintenance agreement with their
submittal.
1.8.1.3. Proposers shall include a copy of their replacement parts list with the costs that
will be extended to the City.
4.8.7. TAB 6 – Post Installation Support: (maximum 4 x 5 = maximum 20 points)
4.8.7.1. Describe, in detail, your company’s post installation support services.
4.8.7.2. The Firm shall offer ongoing technical support, maintenance, and
troubleshooting services to address any system-related issues or questions. The
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support should include timely response to inquiries and efficient resolution of
problems.
4.9 COST PROPOSAL: (maximum 4 x 5 = maximum 20 points)
4.9.1. Provide cost proposal in a separate PDF labeled “RFP #24-16 cost proposal”.
4.9.2. Cost Proposals will be scored by the Procurement Division.
4.9.3. Calculation of points for cost will be completed as described in the following EXAMPLE.
Proposal Cost Lowest Cost
Proposed
% of Low
(Low
proposal/Propos
al Cost)
Multiplier Total Points
Assigned
(% of Low *
Multiplier)
Company A $100,000.00 $100,000.00 100% 20 20
Company B $108,000.00 $100,000.00 92.6% 20 18.52
Company C $120,000.00 $100,000.00 83.3% 20 16.66
4.10 Selection & Award Process
The Evaluation Team will evaluate each written Qualification submittal on the basis of the criteria
in the RFP.
Evaluation Criteria Total Possible Points
Tab #3 – Summary of Qualifications 16
Tab #4 – Technical Approach 28
Tab #5 – Maintenance Program 16
Tab #6 - Post Installation Support 20
Cost Proposal 20
MAXIMUM POSSIBLE POINTS 100
MBE/WBE/DBE Business
(only used in the event for a tie to the highest total points) 5
4.11 Based on the evaluation of the written submittals and the closeness of the scores determined by said
evaluation, the City may choose to conduct oral discussions/interviews with the top three or more
firms for clarification, and to assure full understanding of, and conformance to, the solicitation
requirements, and to clarify the firms’ qualifications. Should the Evaluation Team (E-Team) request
oral discussions/interviews, the following procedures will apply.
4.12 Oral Discussions/Interviews (maximum 100 points)
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4.12.1. The short-listed firms will be provided with written questions from the Evaluation Team.
The Evaluation Team will conduct oral discussions with the short-listed Firms. The Firms
will then be scored by the Evaluation Team.
4.12.2. Oral discussions/interviews and/or presentations are exempt from Public Meeting
requirements (Section 286.011, Florida Statutes). Oral discussions/interviews will provide
an opportunity for the Firm to demonstrate their ability to use time efficiently, effectively
and economically.
4.12.3. The City’s Procurement Department will establish the schedule, and Proposers will be
notified within a reasonable time period (generally 7-calendar days) in advance of the date,
time and place of the discussion. The time frame for oral discussions/interviews with each
firm will not exceed 45 minutes. The specific format of each discussion will be provided
to Proposers with the notifications.
4.12.4. Scoring for this phase will not be combined with the previous phase. Scoring for the oral
discussions/interviews will be based on the following Evaluation Criteria, using the same
adjective-based scoring as described previously in this section:
Evaluation Criteria Total Possible
Points
Firm Staff information presented in the oral discussions response
to questions related to Firm Staff, if any 35
Firm Experience information presented in the oral discussions,
and response to questions related to Firm Experience, if any 40
Firm Approach/Capabilities information presented in the oral
discussions, and response to questions related to Firm
Approach/Capabilities, if any
25
4.12.5. The Evaluation Team will complete its final scores for oral/discussions presentations for
short-listed firms.
4.12.6. Final Evaluation Team scores will be completed by the Chairman (Procurement/Contracts
Manager). The Procurement/Contracts Manager reserves the right to request additional
analysis/review by the Evaluation Team if he/she deems additional evaluation is warranted.
4.12.7. The Procurement/Contracts Manager shall review the ranking, and post a Notice of
Intended Decision. The recommendation will then be sent to the City Manager for
placement on the Council Agenda to request City Council permission to award contracts
with the selected proposer(s).
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SECTION 4
FORMS
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CONTACT INFORMATION SHEET
Proposals due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Check Addenda for any revised opening dates before
submitting your proposal. Proposal(s) received,
after the date and time stated above, will not be
opened.
DUE DATE:
07/31/2024
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
RFP TITLE: Sebastian Municipal Airport Automated Weather
Observing System (AWOS) Upgrade and Maintenance
RFP NO.: #24-16-RFP
Proposer Name and “Doing Business As”, if applicable:
Federal Tax Identification Number:
Address:
City: State: Zip Code:
Telephone No: Fax No:
E-Mail Address of Authorized Representative:
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this proposal is
truthful to the best of my knowledge and belief and that I am duly authorized to submit this RFP on behalf of the
proposer names above and that the proposer is ready, willing, and able to perform if awarded.
In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the
goods and /or services specified in the RFP at the prices or rates in my proposal and prices will remain for a period of
ninety (90) days in order to allow the City adequate time to evaluate the RFP.
__________________________________________________________________
Signature of Authorized Representative (Manual)
__________________________________________________________________
Name of Authorized Representative (Typed or Printed)
__________________________________________________________________
Title
Each submittal must include the signature of an officer or employee having authority to bind the contractor in
the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. If a
Corporate Resolution is not provided with the proposal, the proposal shall be marked non-responsive.
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed to be in
the best interest of the City, and to waive any non-substantial irregularities.
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NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) Proposer that has submitted the attached Proposal.
(2) He/she is fully informed respecting the preparation and contents of the attached RFP and of all
pertinent circumstances respecting such RFP.
(3) Such Proposal is genuine and is not a collusive or sham proposal.
(4) Neither the said proposer 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 proposer, firm or person, to submit a collusive or sham proposal in
connection with the Agreement for which the attached proposal 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 proposer, firm
or person to fix the price or prices in the attached proposal or of any other proposer, or to fix any
overhead, profit or cost element of the proposal price or the proposal price of any other proposer,
or to secure through any collusion, conspiracy, connivance or unlawful Agreement any
advantage against the City of Sebastian, Florida, or any person interested in the proposed
Agreement.
(5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any
collusion, conspiracy, or unlawful Agreement on the part of the proposer or any of its agents,
representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF _________________
COUNTY OF _________________
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)
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DRUG FREE WORKPLACE PROGRAM
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
_________________________________________
Company
_________________________________________
Date
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CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As
such, the contractor is required to verify that none of the contractor’s principles (defined at 2 CFR
§ 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered transaction
it enters into.
3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is
later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR
Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and
2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
_____________________________________ _____________________________________
Authorized Signature Address
_____________________________________ _____________________________________
Printed Name & Title City, State, Zip Code
_____________________________________ _____________________________________
Company Date
24-16-RFP
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CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
(TO BE SUBMITTED WITH EACH BID OR OFFER EXCEEDING $100,000.00)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and. submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
The Contractor ______________________________ certified or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees
that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
_________________________________________
Signature of Contractor’s Authorized Official
_________________________________________
Name and Title of Contractor’s Authorized
Official
_________________________________________
Date
24-16-RFP
Page 41 of 46
CERTIFICATION REGARDING PROHIBITION AGAINST
CONTRACTING WITH SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-
owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for
the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created
pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby
certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned
subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the
purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the
Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute.
I understand and agree that the County may immediately terminate any contract resulting from this
solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as
defined above by Florida law) are found to have submitted a false certification or any of the following occur
with respect to the company or a related entity: (i) 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 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.
_________________________________________
Authorized Signature
_________________________________________
Printed Name & Title
_________________________________________
Date
24-16-RFP
Page 42 of 46
REFERENCE LIST
Proposer’s Name:
List a minimum of three (3) client references that can speak to the proposer’s experience and performance,
within the last five (5) years. At least two (2) of these references should be government entities with a
minimum of 150 or more employees. The City will conduct Reference Checks for the provided references.
If the contact information is incorrect or the reference does not respond, the proposer will lose points
awarded for this criterion. Use additional sheets as necessary.
Reference #1
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #2
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
Reference #3
Company Name:
Location (City, State):
Contact Person:
Contact Number:
Email Address:
Dates of Service:
Services Provided:
24-16-RFP
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SUBCONTRACTOR LIST
NOTE: List all sub-contractors and the percentages of work to be performed, you invited to RFP on this project,
whether they were selected or not. If sub-contractors will not be used on this agreement, check the box below.
Form must be submitted with your RFP. Use additional sheets if necessary.
The City reserves the right to reject any proposals if the proposer names sub -contractors who have previously
failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is
not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub -
contractor in order to make a determination as to the foregoing.
Company
Name
Work To Be Performed and
Percentage of Work to be
Performed
Contact
Person
Telephone
Number
1
2
3
4
5
6
I affirm that sub-contractor(s) will not be used to complete projects under this agreement.
_________________________________________
Authorized Signature
_________________________________________
Printed Name & Title
_________________________________________
Date
24-16-RFP
Page 44 of 46
ADDENDA ACKNOWLEDGEMENT
Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of
issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their proposal
to be considered non-responsive. To confirm the number of addenda (if any), proposer may contact the
Procurement Division at (772) 388-8231.
ADDENDUM # DATE
RECEIVED
1
2
3
4
5
6
7
No Addenda was received in connection to this solicitation.
Print Preparer’s Name: Title:
Signature:
Date:
Sebastian Municipal Airport AWOS Upgrade 24-16-RFP
PROPOSAL SECURITY
KNOWN ALL MEN BY THESE PRESENTS, that we _________________________ (hereinafter called
Principal) and _________________________ (hereinafter called the Surety) a corporation chartered and
existing under the Laws of the State of _________________________ with its principal offices in the City
of _________________________ and authorized to do business in the State of Florida, in the full and just
sums of ____________ Dollars ($____________) good and lawful money of the United States of America,
to be paid upon demand of the City of Sebastian, Florida to which payment will and truly be made, we bind
ourselves, our heirs, executors, administrators, and assigns, jointly and severally and firm these presents.
WHEREAS, the Principal has submitted to the City of S ebastian, Florida, a proposal for Sebastian
Municipal Automated Weather Observing System (AWOS) Upgrade and Maintenance, 24-16-RFP, and
WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified cashier’s
check or otherwise required to accompany this Proposal, and
WHEREAS, the City requires a financial statement of the Surety Company to be included as a part, of
this contract and the Surety Company must appear on the Treasury Department’s most current list
(Circular 570 as amended).
NOW, THEREFORE: the conditions of this obligation are such that if the Proposal is accepted, the
Principal shall, within fifteen (15) days after the receipt of notification of the acceptance thereof, execute a
contract in accordance with the proposal and upon the terms and condition of such proposal, in the form
and manner required by the City, and execute a sufficient and satisfactory Public Construction Bond or
separate Payment and Performance Bonds payable to the City, in an amount not less than the total contract
price, as indicated by the approximate quantities shown in the proposal, in form and with security
satisfactory to the City, then this obligation to be void; otherwise to be and remain in full force and virtue
in law; and the surety shall, upon the failure of the Principal to comply with any or all of the foregoing
requirements within the time specified above, immediately pay to the aforesaid City upon demand, the
amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated
damages.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and
sealed this ______ day of ___________________, 202___.
ATTEST: PRINCIPAL:
_____________________________________ _____________________________________
Name and Title Name and Title
ATTEST: SURETY:
_____________________________________ _____________________________________
Name and Title Name and Title
24-16-24
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SECTION 6 – PROPOSAL PRICE FORM
The Proposal Prices shall remain good for ninety (90) days after the due date of this RFP. By signing
below, the Proposer certifies that the price quoted represents and includes the entirety of the work,
fees, profit, overhead, general requirements, general conditions, etc., of the project per the RFP
documents.
By affixing their signature to the Price Proposal Form, the Proposer hereby states that they have read all
proposal specifications, terms and conditions outlined in the Request for Proposal and agree to such.
Proposer declares that the individual signing this Price Proposal Form has the legal capacity to sign on
behalf of Proposer and to contractually obligate Proposer.
Furthermore, Proposer hereby agrees to provide the Services described in the Request for Proposal for the
unit or lump sum prices as noted below, which includes all supervision, labor, materials, equipment,
supplies, machinery, tools, apparatus, insurance, bonds, transportation, overhead, profit, applicable taxes
and costs of all kinds necessary to complete the Services.
ITEM DESCRIPTION LUMP SUM AMOUNT
Lump Sum to upgrade existing AWOS system reusing the existing
tower, utility pad, and conduits. $
*The price calculation referenced in Section 4.9 will be based on the above lump sum amount.
AFTER INSTALLATION SERVICE AGREEMENT COST
ITEM DESCRIPTION LUMP SUM
AMOUNT
Year 2 Service Agreement* $
Year 3 Service Agreement* $
Year 4 Service Agreement* $
Year 5 Service Agreement* $
* Including at a minimum Tri-annual Maintenance & Annual Performance Maintenance. Contractor shall
attach a copy of their maintenance agreement
Proposer Name:
Signature: Date:
Print Name: Title: