HomeMy WebLinkAboutA - 25-04-RFP Sebastian Municipal Airport Barrier Netting
REQUEST FOR PROPOSAL
25-04-RFP
SEBASTIAN MUNICIPAL AIRPORT BARRIER NETTING
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: Friday, October 25, 2024 -
PRE-PROPOSAL MEETING Tuesday, November 12, 2024 10:00 AM Local Time
QUESTIONS DUE DEADLINE: Friday, November 15, 2024 2:00 PM Local Time
PROPOSAL DUE DATE: Monday, November 25, 2024 2:00 PM Local Time
EVALUATION MEETING Tentative – Week of December
2nd TBD
2ND EVALUATION MEETING (IF NEEDED) TBD TBD
RECOMMENDATION OF AWARD –
CITY COUNCIL MEETING TBD 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
The City of Sebastian Municipal Airport has an existing net structure that is 30’ tall. However, the current
structure is not tall enough to stop golf balls hit from the Golf Course Driving Range. We need a solution
to stop the golf balls from reaching the airport hangars. The proposed solution must include all labor,
materials, equipment, transportation, supervision, etc.
ELECTRONIC Proposal Security
Electronic proposal security shall be submitted by the proposer and made payable to the City of Sebastian
in an amount of not less than five percent (5%) of the total proposal price. A contractor may file an
alternative form of security in cash, a money order, a certified check, a cashier’s check, or a domestic
corporate bond, note, or debenture as authorized in s. 625.317. The electronic proposal security shall be
issued by a company with a registered agent in 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 on Tuesday, November 12, 2024, at 10:00 AM local
time at the City of Sebastian City Hall, 1225 Main Street, 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, November 15, 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
All sealed proposals are due by Monday, November 25, 2024, by 2:00 PM local time.
The proposal opening will be held virtually. Proposals will be opened at 2:15 PM local time. Only the
NAME of the firms who submitted a response to this Request for Proposal will be read aloud.
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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: October 25, 2024
Publication: Indian River Press/TCPalm
By: Jessica Graham, CPPB
Procurement Manager
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TABLE OF CONTENTS
REQUEST FOR PROPOSAL 2
TABLE OF CONTENTS 4
SECTION 1 – SCOPE OF WORK 5
SECTION 2 – GENERAL TERMS AND CONDITIONS 8
SECTION 3 - FEDERAL AWARD PROVISIONS 22
SECTION 4 – FEDERAL AWARD PROVISIONS - FEMA 25
SECTION 5 – SPECIAL CONDITIONS 26
SECTION 6 – EVALUATION PROCEDURE 33
SECTION 7 – REQUIRED FORMS 38
• CONTACT INFORMATION SHEET 39
• CORPORATE RESOLUTION 40
• NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER 41
• DRUG-FREE WORKPLACE PROGRAM 42
• CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 43
• CERTIFICATION REGARDING LOBBYING 44
• CERTIFICATION REGARDING SCRUTINIZED COMPANIES 45
• REFERENCE LIST 46
• SUBCONTRACTOR LIST 47
• ADDENDA ACKNOWLEDGEMENT 48
• TRENCH SAFETY ACT 49
• PROPOSAL SECURITY 50
SECTION 8 – PROPOSAL PRICE FORM 51
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SECTION 1 – RFP INFORMATION
1.1 SCOPE OF WORK
1.1.1 The City of Sebastian Municipal Airport has an existing net structure that is 30’ tall, with
poles spaced at 50’ intervals. The City is looking for a 50’ structure to stop golf balls from
hitting the City's Airport.
1.1.2 To achieve a new 50’ height, it appears we need to increase the height of the three net panel
areas on the north end of the set from 30' to 50', retaining the existing nets and adding one
all-new panel with a 50' height and 50' length that extends north from the last pole/support
currently in place.
1.1.3 The City is open to any solutions that extend, replace, or enhance the current net structure
to a height of 50 feet.
1.1.3.1. Each solution should include the following:
A. The 30' netting is new; we would prefer to keep it in use if possible.
B. Netting shall be black.
C. Netting shall resist mold, fungus, and high daily temperature/Florida sun
exposure.
D. Provide all anchoring hardware and cable needed for installation; this is
a turn-key project.
1.2 CURRENT BARRIER NETTING
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1.3 PERMITTING
1.3.1 The contractor shall be responsible for permit application and all associated fees for all
required permits from the State of Florida, the City of Sebastian, and Indian River County.
1.3.2 All work covered by the technical codes will require a permit from the City of Sebasti an
Building Department. This includes constructing, enlarging, altering, repairing, moving,
demolishing, changing 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 bid documents. For more
information on the City of Sebastian Building Department, please visit
https://www.cityofsebastian.org/171/Building-Business-Tax.
1.4 CONTRACTOR MINIMUM QUALIFICATIONS
1.4.1 Bidders that do not meet the minimum requirements listed herein as determined by the
City, at its sole discretion, will be deemed non-responsive and not considered for award.
All decisions made by the City are final.
1.4.2 No contract will be awarded to any BIDDER who, as determined by the CITY, has an
unsatisfactory performance record, inadequate experience, lack of organization, labor, and
equipment to perform the required services, and is in arrears to the CITY on a debt or
contract or is a defaulter on surety to the CITY or whether the BIDDER’s taxes or
assessments are delinquent. The City has the right to disqualify any BIDDER that does not
meet any or all qualifications necessary as determined by the City.
1.4.3 Contractor shall be licensed to perform the services listed in this solicitation.
1.4.4 Contractor must have a minimum of three (3) years of experience installing driving range
netting or comparable sports netting of a similar size, scope, and complexity for
government or commercial businesses, and the Contractor must have an office within the
state of Florida and maintain an office within the state of Florida which shall be kept for a
minimum of one (1) year; and
1.4.5 Before a permit is issued, the contractor and subcontractors (if applicable) must register
with the City of Sebastian Building Department.
1.4.6 If the bidder's business is located in Sebastian, FL, or Indian River County, they must
provide a copy of their business tax receipt.
1.5 ELECTRONIC SECURITY
1.5.1 Electronic proposal security shall be submitted by the proposer and made payable to the
City of Sebastian in an amount of not less than five percent (5%) of the total proposal
price. A contractor may file an alternative form of security in cash, a money order, a
certified check, a cashier’s check, or a domestic corporate bond, note, or debenture as
authorized in s. 625.317. The electronic proposal security shall be issued by a company
with a registered agent in Florida. Personal or business checks are not acceptable.
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1.6 OTHER
The contractor will appoint one of their employees as the key contact for approval by the City’s
Project Manager. The city believes that the service required is adequately described herein.
Therefore, any negotiated contract may include the entire effort required of the bidder to provide the
service described. Specifically, no additional fees will be allowed for any further services performed
or for any reason whatsoever except those directly attributable to the City’s errors or omissions.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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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 Satur days, 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 responsi bility
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
2.18.3. Those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate, or
2.18.4. 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
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h) Applicable discounts
i) Description of provided goods or services
j) Quantity of provided goods or services
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 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.
2.24 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 test ing
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.
2.25 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.
2.26 PRICE ADJUSTMENTS
2.26.1. In the event of unforeseen circumstances that directly impact the goods/services provided
under this bid, the City of Sebastian will consider a price adjustment request. Upon receipt
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of the Contractor’s written request for a price adjustment, the City may allow an escalation
equal to the Southeaster Consumer Price Index as of May 1st of that current year, not to
exceed 3% of that current year’s annual contract price.
2.26.2. The Contractor shall submit the price request to the Procurement Division thirty (30)
calendar days before the requested effective increase date. The City may approve a price
increase at its sole discretion.
2.26.3. Any purchase order issued before the approval of the price increase will not be modified.
2.26.4. The contractor shall only be entitled to an automatic increase in labor rates due to minimum
wage increases if providing a request for adjustment at least 30 days before the effective
change.
2.27 CHANGE ORDERS
2.27.1. Without invalidating the contract documents, and without notice to the surety, the City of
Sebastian reserves the right to make increases, decreases or other changes in the character
or quantity of the work under the bid and contract documents as may be considered
necessary or desirable to complete the work in a manner satisfactory to the City of
Sebastian. The City reserves the right to order changes which may result in additions to or
reductions from the amount, type or value of the work shown in the bid or contract
documents, provided that they are within the general scope of the bid documents or contract
documents.
2.27.2. All changes will be authorized only by a written change order utilizing the City’s standard
form and approved in advance of the change by the designated project manager of the City.
The contractor is required to provide the project manager with a detailed cost breakdown
of material costs, labor costs, labor rates by trade, and work classification and overhead
rates supporting the amount of the change, as well as an explanation of the cost and any
revision to the Project completion time. If the contractor fails to notify the project manager
of any schedule changes associated with the proposed change, it will be deemed to be an
acknowledgement by contractor that the proposed work will not have any scheduling
consequences. Any net increase to the pricing must also be approved and documented with
a revised purchase order by City.
2.28 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.
2.29 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.
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2.30 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.
2.31 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 Rights 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.
2.32 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.
2.33 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.
2.34 CONTRACTS AND AMENDMENTS
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.
2.35 SCRUTINIZED VENDOR CERTIFICATION
2.35.1. Proposer certifies under penalties of perjury, as of the date of this solicitation to provide
goods and/or services to the City, that it:
2.35.1.1. Does not participate in a boycott of Israel; and
2.35.1.2. Is not on the Scrutinized Companies that Boycott Israel List; and
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2.35.1.3. Is not on the Scrutinized Companies with Activities in Sudan List; and
2.35.1.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
2.35.1.5. Has not engaged in business operations in Cuba or Syria.
2.35.2. 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.
2.35.3. 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 operations in Cuba or
Syria.
2.35.4. 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.
2.36 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
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.
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2.37 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.
2.38 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.
2.39 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.
2.40 LIQUIDATED DAMAGES
2.40.1. 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 of consideration
for awarding the Agreement, to pay the City the sum of one hundred dollars ($100) 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
2.40.2. 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.
2.41 FORCE MAJEURE
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.
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2.42 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.
2.43 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.
2.44 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.
2.45 DRUG-FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Proposer certifies the following:
2.45.1. 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.
2.45.2. Employees are informed about the dangers of drug abuse in the workplace, the proposer's
policy of maintaining a drug-free working environment, available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug use violations.
2.45.3. 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
the State of Florida or the United States, for a violation occurring in the workplace, no later
than five (5) days after such conviction, and requires employees to sign copies of such
written statement to acknowledge their receipt.
2.45.4. 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.
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2.45.5. 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.
2.46 DEBARMENT AND SUSPENSION
2.46.1. Proposer certifies to the best of its knowledge and belief that it and its principals:
2.46.2. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2.46.3. 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;
2.46.4. 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
2.46.5. 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.
2.46.6. The City of Sebastian will not make award to parties listed on the government wide
exclusions in the System for Award Management (SAM).
2.47 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.
2.48 NPDES REQUIREMENTS
Contractor shall comply with the State of Florida rules and regulations for the National Pollutant
Discharge Elimination System (NPDES), including but not limited to all permitting, Notices of
Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for applying and
obtaining the required Florida Department of Environmental Protection (FDEP) NPDES and
SWPPP Permits shall be included in the RFP Price. For further information on compliance with their
rules and regulations, go to http://www.dep.state.fl.us/water/stormwater/npdes
2.49 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.
2.50 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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2.51 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.
2.52 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 wit hout
limitation any and all rights of identification of authorship and any and all rights of approval,
restriction or limitation on use of subsequent modification.
2.53 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 - FEDERAL AWARD PROVISIONS
The City of Sebastian does not anticipate using federal funds. Therefor this section will not apply.
However, if the City does need to use federal funds for this project, the following provisions will
be applicable.
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (APPENDIX II TO 2 CFR PART 200)
All contracts made by a non-Federal entity under a Federal award must contain provisions covering the
following, as applicable. These provisions are required and apply under certain conditions when federal
funds are expended to make purchases from this solicitation by the City or for any contracts resulting from
this procurement process.
3.1 EQUAL EMPLOYMENT OPPORTUNITY (34 CFR 80.36(i)(3)): All vendors, contractors and
subcontractors must comply with Executive Order 11246 of September 24, 1965, entitled “Equal
Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR chapter 60). (Applies to all construction
contracts awarded in excess of $10,000 by the City of Sebastian and their Contractors or sub-
grantees).
3.2 MINORITY BUSINESSES AND WOMEN’S BUSINESSES
As required by CFR Title 2, §200.321 (b)(6), Contractor must take the following affirmative steps
in the hiring of any subcontractors: i) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists. ii) Assuring that small and minority businesses, and
women's business enterprises are solicited whenever they are potential sources. iii) Dividing total
requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises. iv) Establishing
delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's enterprises; and v) Using the services and assistance, as
appropriate, of such organizations as the Small Business Administration and the Minority Business
Development Agency of the Department of Commerce
3.3 DAVIS-BACON ACT (34 CFR 80.36(i)(5)): All vendors, contractors and subcontractors must
comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of
Labor regulations (29 CFR part 5). (Applies to construction contracts in excess of $2,000 awarded
by the district and sub grantees when required by Federal grant program legislation).
3.4 COPELAND “ANTI-KICKBACK “ACT” (34 CFR 80.36(i)(4)): All vendors, contractors and
subcontractors must comply with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR part 3). (Applies to all contracts and
sub-grants for construction or repair).
3.5 CONTRACT WORK HOURS & SAFETY STANDARDS ACT (34 CFR 80.36(i)(6)): All
vendors, contractors and subcontractors must comply with sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of
Labor regulations (29 CFR part 5). (Applies to all construction contracts awarded by the district
and sub grantees in excess of $2000, and in excess of $2500 for other contracts which involve the
employment of mechanics or laborers).
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3.6 FEDERAL DRUG-FREE WORKPLACE: The Contractor agrees to comply with the drug-free
workplace requirements for federal contractors under 41 U.S.C.A. § 8102.
3.7 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE): All
contracts and subcontracts that result from this solicitation incorporate by reference the provisions
of 29 CFR part 201, et seq, the Federal Fair Labor Standards Act (FLSA), with the same force and
effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and
child labor standards for full and part-time workers.
3.8 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the
Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the
recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or sub recipient
must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
3.9 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (34 CFR
80.36(i)(12)): All vendors, contractors and subcontractors must comply with all applicable
standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 11857
(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR part 15). (Applies to contract, subcontracts
and sub-grants of amounts in excess of $150,000).
3.10 ENERGY EFFICIENCY / CONSERVATION (42 U.S.C. 6201): The Contractor agrees to
comply with the mandatory standards and policies relating to energy efficiency contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(42U.S.C. 6201).
3.11 BYRD ANTI-LOBBYING AMENDMENT: Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (Applicable to
contracts greater than or equal to $100,000).
3.12 PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322): A non-Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the time exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
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3.13 DEBARMENT AND SUSPENSION: The Contractor certifies that it complies fully with the
Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary
exclusion. In accordance with 2 CFR part, 180 implements Executive Orders 12549 and 12689.
Furthermore, the Contractor certifies that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any federal department or agency.
3.14 REMEDIES FOR VIOLATION OR BREACH OF CONTRACT: Remedies for violation or
breach of contract are addressed under General Terms and Conditions, paragraph 45.
3.15 TERMINATION FOR CAUSE AND CONVENIENCE: Termination for cause and for
convenience are addressed under General Terms and Conditions, paragraph 45.
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SECTION 4 - FEDERAL AWARD PROVISIONS – FEMA
The City of Sebastian does not anticipate using federal funds. Therefor this section will not apply.
However, if the City does need to use federal FEMA funds for this project, the following
provisions will be applicable.
CONTRACT PROVISIONS FOR NON‐FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS (FEDERAL PROGRAM REQUIREMENTS ‐ FEMA)
In addition to the contract provisions required under Appendix II to 2 CFR, Part 200, the following
provisions are required by the Federal Emergency Management Agency (“FEMA”) when federal funds
are expended to make purchases from this solicitation by the City or for any contracts resulting from this
procurement process.
4.1 ACCESS TO RECORDS (34 CFR 80.36 (i)(10)): All vendors, contractors and subcontractors
shall give access to the City of Sebastian, the appropriate Federal agency, the Comptroller General
of the United States, or any of their duly authorized representative to any books, documents, papers,
and records of the vendor which is directly pertinent to this specific solicitation for the purpose of
making audit, examination, excerpts, and transcriptions.
4.1.1. To the extent Contractor maintains information that is subject to a public record request, it
shall provide the public access to such records in accordance with, and subject to the
applicable statutory terms and fees. Failure to do so will be considered a material breach
of the original Agreement resulting in immediate termination with no penalty to City of
Sebastian, and Contractor will indemnify and hold the City of Sebastian harmless for any
and all damages and expenses suffered as a result of the material breach and contr act
termination.
4.2 DHS SEAL, LOGO, AND FLAGS: The Contractor shall not use the Department of Homeland
Security (“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA preapproval.
4.3 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS:
This is an acknowledgment that FEMA financial assistance will be used to fund the contract only.
The Contractor will comply with all applicable federal laws, regulations, executive orders, FEMA
policies, procedures, and directives.
4.4 NO OBLIGATION BY FEDERAL GOVERNMENT: The Federal Government is not a party
to this contract and is not subject to any obligations or liabilities to the non‐Federal entity,
contractor, or any other party pertaining to any matter resulting from the contract.
4.5 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
ACTS: The Contractor acknowledges the 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
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SECTION 5 - SPECIAL CONDITIONS
5.1 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 an oral presentation. The establishment,
application, and interpretation of the evaluation criteria above shall be solely within the discretion of
the City.
5.2 LENGTH OF CONTRACT AND RENEWAL
This RFP will result in a one-time agreement. The City seeks a Contractor who will complete the
work in a timely manner and adhere to the agreed-upon schedule.
5.3 CITY OF SEBASTIAN LOCAL VENDOR PREFERENCE
Grant funds WILL partially or fully fund this project. The City of Sebastian's Local Vendor
Preference does not apply.
5.4 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.
5.5 TIMELINE / SCHEDULE
This RFP will result in a single agreement for completion of the scope of work within sixty (60)
days from the date indicated in the Notice to Proceed (NTP). 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.
5.6 FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) CONTRACTOR
SUSPENSION LIST
Any entity of affiliate who has had its Certificate of Qualification suspended, revoked, denied, or
has 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
5.7 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 DBEs 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.
5.8 SITE ACCESS
To the extent services awarded under this RFP require the City to provide keys or security access
badges to the Contractor, 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
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the lost or stolen key to the assigned Project Manager immediately so the City may take steps to
secure the location.
5.9 PROJECT COORDINATION
5.9.1. 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:
5.9.1.1. Contractor shall be solely responsible and assume all liability for the
supervision, and 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
5.9.1.2. Contractor shall at all times provide a responsible, knowledgeable, English-
speaking worksite supervisor or representative, who has decision-making
authority; and
5.9.1.3. 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
5.9.1.4. 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.
5.10 SITE INSPECTION AND DUE DILIGENCE
Proposers are obligated to carefully examine the project specification, as well as exercise 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 that 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
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.
5.11 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
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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.
5.12 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.
5.13 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.
5.14 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.
5.15 WARRANTY
The contractor shall warrant and guarantee all goods, labor and services for a period of no less than
three (3) years from the date of acceptance and shall replace or repair all defects in material or
workmanship during the warranty period. 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 one (1) year 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.
5.16 PAYMENT/PERFORMANCE BONDS
NOTE: A Payment and Performance Bond will not be required if the contract award amount
is $100,000 or less.
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5.16.1. 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 the Notice of Award, submit a performance and payment
bond (“Bond”). The Bond will guarantee the completion of the Work covered by the
Contract Documents and 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
Bonds before the full Completion of the Contract, including the option to renew years.
(Sample Forms are provided for information purposes.)
5.16.2. The bond (s) shall be provided by a surety company authorized to do business in 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.
5.16.3. 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 by the
city manager and city attorney.
5.16.4. 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.
5.17 OWNERSHIP OF THE WORK
5.17.1. 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:
5.17.1.1. Final invoice with documentation.
5.17.1.2. The Contract Completion Form
5.17.1.3. Acceptance from City of Sebastian Building department
5.17.1.4. Warranty information to include effective dates, contact information, and
details on the scope of coverage.
5.17.1.5. Cut sheets and Operations and Maintenance manuals for any installed
equipment.
5.17.1.6. As-Built Drawings
5.17.1.7. Contractor internal work orders/employee timesheets upon request
5.17.1.8. Certified payroll, upon request
5.17.1.9. Any other documents as requested by the City
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5.18 INSURANCE
5.18.1. The City of Sebastian is to be specifically included as an additional insured on all
certificates of insurance (with the exception of Worker's Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile Liability. A
renewal certificate shall be issued thirty (30) days before said expiration date. The
certificate shall provide a thirty (30) day notification clause in the event of cancellation or
modification to the policy.
5.18.2. 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.
5.18.3. The certificate holder shall read:
City Of Sebastian
1225 Main Street
Sebastian, FL 32958
5.18.4. Minimum coverage with limits and provisions are as follows:
5.18.4.1. Commercial General Liability: The Successful Proposer shall provide
Commercial General Liability insurance. This shall include
premises/operations, personal & advertising injury, products, completed
operations, contractual liability, specifically confirming and ensuring the
indemnification and hold harmless clause of the contract. This insurance
policy shall be considered primary to and not contributing to any insurance
the City maintains. It shall name the City as an additional insured with a
waiver of subrogation noted on the Certificate of Liability. The policy of
insurance shall be written on an “occurrence” form.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
• Per Occurrence: $1,000,000
• General Aggregate: $2,000,000
5.18.4.2. Business Automobile: The Successful Proposer shall provide Business
Coverage Automobile Insurance, which shall protect the contractor from
claims for damage for personal injury, bodily injury including accidental
death, as well as claims for property damages which may arise from
operations under this contract whether such operations are by himself or
by anyone directly or indirectly employed by him. Coverage shall include
owned, non-owned, hired and rented vehicles. The contractor shall obtain
insurance which shall at least meet the following minimum limits:
• Bodily Injury and Property Damage:
o Combined Single Limit (each Accident): $1,000,000.00
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5.18.4.3. 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 Contractor shall obtain insurance which shall at least meet the
following minimum limits:
• State Worker’s Compensation: Statutory
• Employer’s Liability: $1,000,000.00 Each Accident
$1,000,000.00 Disease, Policy Limit
$1,000,000.00 Disease, Each Employee
5.18.4.4. 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 Bidder has
$2,000,000 General Aggregate under the Commercial General
Liability Policy. **
5.18.4.5. Pollution Liability (when applicable): Successful Proposer shall provide
and maintain pollution liability Insurance covering Contractor’s or
appropriate subcontractor’s liability for bodily injury, property damage
and environmental damage resulting from sudden accidental and gradual
pollution and related cleanup costs incurred by Contractor, all arising out
of the Goods delivered or Services (including transportation risk)
performed under this Contract is required.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
• Bodily Injury and Property Damage
o Per Occurrence: $1,000,000.00
o Environmental/Pollution Liability Aggregate:
$2,000,000.00
5.18.4.6. Professional Liability Insurance or Errors and Omissions Insurance (when
applicable): Successful Firm shall provide professional liability insurance,
or Errors and Omissions Insurance, Any deductible is not to exceed
$5,000.00 for each claim. The consultant represents it is financially
responsible for the deductible amount.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
• Each Claim: $1,000,000.00
• Annual Aggregate: 2,000,000.00
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5.18.5. An endorsement to the Commercial General Liability or Automobile Liability policy,
covering the Contractor’s or subcontractor’s 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.
5.18.6. The Contractor shall declare any self-insured retention or deductible amount over $5,000
for any policy. The City reserves the right to reject any self-insured retention or deductible
over $5,000.
5.18.7. 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 6 – EVALUATION PROCEDURE
6.1 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.
6.2 Proposals shall include all information solicited in this RFP. Proposers will provide their best price
and cost analysis. They 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.
6.3 The evaluation committee will not assign weights for cost. The Procurement Division will score
cost based on the criteria in 6.9. During the evaluation process and at the sole discretion of the City,
requests for clarification of one or more proposer submittals may be conducted. The City may
perform this request for clarification in a written format or through scheduled oral interviews. Such
clarification requests will allow proposers to answer any questions the City may have about a
proposer’s submittal. After written clarification is completed, the Committee members can revise
their scores for the non-price factors.
6.4 An adjective-based scoring system shall be applied to the qualification criteria throughout the
evaluation process to evaluate the written responses and the oral discussions. A score of 0 is the
least favorable, and 4 is the most favorable in all sections.
6.5 Committee members will score the Proposer’s response in accordance with the following scale:
Weighted
Value Description
0 “Non-Responsive”: No information provided for the specific criteria. The
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”: The proposal meets many of the basic requirements
for the specific criteria but is lacking in some essential aspects.
3
“Sufficient Evidence”: The proposal adequately meets the minimum
requirements of the specific criteria and is generally capable of meeting the City’s
needs.
4 “High-Level Evidence”: The 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 sections listed below
equals the total score for that section.
(EXAMPLE: Maximum score of 4 X’s weighted value of 10 = Maximum of 40 Points).
6.6 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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6.7 Proposal Requirements
6.7.1. Pages should be sequentially numbered at the bottom of the page.
6.7.2. Proposals should be concise and provide only the information requested. Additional data
will not be considered.
6.7.3. The Proposal shall be limited to 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.
6.8 Proposal Submittal Format
Proposers shall include the following information in their written response document.
6.8.1. Title Page: (Non-scored) - The title Page shall show the request for the 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.
6.8.2. TAB 1 – Transmittal Letter & Mandatory Forms: (Non-scored)
6.8.2.1. The response shall contain a cover letter by a person 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, include a statement that they are financially capable
of performing the scope of work required for this project, and provide a brief
discussion about the Firm’s business history in the marketplace.
6.8.2.2. Required Forms
• Contact Information Sheet
• Corporate Resolution (If applicable)
• Non-Collusion Affidavit Form
• Drug-Free Workplace Program
• Certification Regarding Debarment and Suspension
• Certification Regarding Lobbying
• Certification Regarding Scrutinized Companies
• Subcontractor List
• Addenda Acknowledgement
• Trench Safety Act (If applicable)
• Proposal Security
6.8.3. TAB 2 – Table of contents: (Non-scored) - The Table of Contents shall provide a listing
of all major topics, their associated section number, and the starting page.
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6.8.4. TAB 3 – Summary of Qualifications: (maximum 4 x 5 = maximum 20 points
6.8.4.1. Business History – provide a brief history of the company’s background.
Include, at a minimum, a general description of work performed by the
company, the date the company was established, the number of years the
owner has worked in this business area, and the physical location of the facility
servicing this account.
6.8.4.2. Past Performance – provide a comprehensive list of past performance.
Proposers must have at least three (3) years of experience satisfactorily
providing the proposed services to a municipality or other public entity. If the
Proposer has no 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.
6.8.4.3. 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.
6.8.4.4. If the firm currently or has previously provided services for the City of
Sebastian, please provide an itemized list of these projects, including the
contact person, the length of time service was provided, and the value of the
contract.
6.8.5. TAB 4 – Technical Approach: (maximum 4 x 10 = maximum 40)
6.8.5.1. Describe the firm's solution to provide a 50’ net structure. Proposers shall also
document their unique methods to accomplishing the upgrade and alleviating
downtime.
6.8.5.2. Provide a basic illustration of the proposed solution.
6.8.5.3. Provide specifications on products to be used.
6.8.5.4. Provide warranty information including length of warranty for the product and
labor.
6.8.5.5. The proposed technical approach should enable the City to assess the
Proposer’s capability to perform requested services in a structured and
efficient manner.
6.8.6. TAB 5 – References: (maximum 4 x 2 = maximum 8)
6.8.6.1. Use the references form to list at least three (3) client references in which
installation, expansion, or replacement of driving range netting or sports
netting was provided within the last five (5) years.
6.8.6.2. At the discretion of the Evaluation Team, the Procurement/Contracts Manager
may request and tabulate written references and make a report to the Team or
assign a Team member to do so. Reference checks are typically completed on
the short-listed firms only; however, the City reserves the right to expand
reference checks to other firms or during other phases of the evaluation
process. Consideration of responses received from reference checks may be
given during the final selection process.
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6.9 COST PROPOSAL: (maximum 4 x 8 = maximum 32 points)
6.9.1. Provide cost proposal in a separate PDF labeled “25-04-RFP Cost Proposal”.
6.9.1.1. Cost Proposal (see Section 7 of this solicitation) shall be emailed to
JessGraham@cityofsebastian.org.
6.9.1.1.1. DO NOT upload your cost proposal to VendorLink.
6.9.1.1.2. Failure to follow these directions may result in your
proposal being marked non-responsive.
6.9.2. Cost Proposals will be scored by the Procurement Division.
6.9.3. Calculation of points for cost will be completed as described in the following EXAMPLE.
Proposal
Cost
Lowest
Cost
Proposed
% of Low
(Low Proposal/Proposal Cost)
Multiplier Total Points
Assigned
(% of Low *
Multiplier)
Company A $100,000 $100,000 100% 20 20
Company B $108,000 $100,000 92.6% 20 18.52
Company C $120,000 $100,000 83.3% 20 16.66
6.10 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 20
Tab #4 – Technical Approach 40
Tab #5 – References 8
Cost Proposal 32
MAXIMUM POSSIBLE POINTS 100
MBE/WBE/DBE Business
(only used in the event for a tie to the highest total points) 5
6.11 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 to clarify the solicitation requirements, assure full understanding of and conformance to them,
and clarify the firms’ qualifications. Should the Evaluation Team (E-Team) request oral
discussions/interviews, the following procedures will apply.
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6.12 Oral Discussions/Interviews (maximum 100 points)
6.12.1. The short-listed firms will receive written questions from the Evaluation Team. The
Evaluation Team will conduct oral discussions with the short-listed Firms. The Evaluation
Team will then score the Firms.
6.12.2. Oral discussions/interviews and/or presentations are exempt from Public Meeting
requirements (Section 286.011, Florida Statutes). They will allow the Firm to demonstrate
its ability to use time efficiently, effectively, and economically.
6.12.3. The City’s Procurement Department will establish the schedule, and Proposers will be
notified within a reasonable period (generally 7 calendar days) before 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 the
proposers via notifications.
6.12.4. 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
6.12.5. The Evaluation Team will complete its final scores for oral/discussion presentations for
short-listed firms.
6.12.6. The Chairman (Procurement/Contracts Manager) will complete the final Evaluation Team
scores. The Procurement/Contracts Manager reserves the right to request additional
analysis/review by the Evaluation Team if he/she deems additional evaluation warranted.
6.12.7. 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 permission to award contracts with the
selected proposer(s).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
25-04-RFP
Page 38 of 51
SECTION 7
REQUIRED
FORMS
25-04-RFP
Page 39 of 51
CONTACT INFORMATION SHEET
DUE DATE: November 25, 2024
Proposals due on or before 2:00 PM LOCAL TIME
City of Sebastian
ATTN: Procurement
1225 Main Street
Sebastian, Florida 32958
Check the Addenda for any revised opening dates before
submitting your proposal. Proposal(s) received after
the date and time stated above will not be opened.
CONTACT:
Jessica Graham, CPPB
Procurement/Contracts Manager
(772) 388-8231
jessgraham@cityofsebastian.org
RFP TITLE: Sebastian Municipal Airport Barrier Netting
RFP NO.: #25-04-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 the 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 proposal on behalf of the
proposer named 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 to allow the City adequate time to evaluate the proposal.
__________________________________________________________________
Signature of Authorized Representative (Manual)
__________________________________________________________________
Name of Authorized Representative (Typed or Printed)
___________________________________________ ________________
Title Date
Each proposal submittal must include the signature of an officer or employee with the 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 for the proposal submittal, the proposal submittal shall be marked
non-responsive. Failure to complete and submit this form with your proposal package may result in the
rejection of your proposal.
The City reserves the right to reject any and all proposals or to accept any proposal or portion deemed to be in the
City's best interest and waive any non-substantial irregularities.
25-04-RFP
Page 40 of 51
CORPORATE RESOLUTION
I, ______________________________, Board President of ______________________________, a
corporation organized and existing under the laws of the State of _____________________, hereby certify
that at a meeting of the Board of Directors of the Corporation duly called and held on
_____________________, 202__, at which a quorum was present and acting throughout, the following
resolutions were adopted and are now in full force and effect:
RESOLVED that the following individual of this corporation is authorized to execute on behalf of this
corporation a bid and agreements, of which bids and agreements include a hold harmless and
indemnification clause.
I further certify that the names of the officers of this corporation and any other persons authorized to act
under this resolution and their official signatures are as follows:
NAME OFFICIAL SIGNATURE
IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal
of the corporation this _____ day of ____________, 2024.
Board President Signature: __________________________________________________
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)
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 41 of 51
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF _________________________________
COUNTY OF _________________________________
__________________________ , being duly sworn, deposes and says that:
(1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid.
(2) He/she is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid.
(3) Such bid is genuine and is not a collusive or sham bid.
(4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees
or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly
or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in connection
with the Agreement for which the attached bid has been submitted or to refrain from proposing in
connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement
or collusion or communication or conference with any other bidder, firm or person to fix the price
or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of
the bid price or the bid price of any other bidder, or to secure through an 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 bid are fair and proper and are not tainted by any
collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents,
representatives, owners, employees, or parties of interest, including affiant.
____________________________________
(Signed)
____________________________________
(Title)
STATE OF _________________
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)
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 42 of 51
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 nol o
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
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 43 of 51
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
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 44 of 51
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
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 45 of 51
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
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 46 of 51
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:
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 47 of 51
SUBCONTRACTOR LIST
Proposer’s Name: Phone #:
RFP Title:
Sebastian Municipal Airport Barrier Netting
RFP #: 25-04-RFP
NOTE: List all sub-contractors and the percentages of work to be performed on this project, If sub-contractors
will not be used on this agreement, check the box below. Form must be submitted with your bid. 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
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 48 of 51
ADDENDA ACKNOWLEDGEMENT
Proposer’s Name: Phone #:
RFP Title:
Sebastian Municipal Airport Barrier Netting
ITB #: 25-04-RFP
Bidder shall indicate below all Addenda received. Acknowledgment confirms receipt and understanding of the
issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be
considered non-responsive. To confirm the number of addenda (if any), a bidder 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:
Failure to complete and submit this form with your bid package may result in the rejection of your bid
25-04-RFP
Page 49 of 51
TRENCH SAFETY ACT (IF APPLICABLE FOR THIS PROJECT)
SECTIONS 553.60-553.64, FLORIDA STATUTES
NOTICE TO BIDDERS:
In order to comply with the Trench Safety Act, the Bidder is required to specify the costs of compliance.
These costs are not a separate pay item. The Bidder must also reference the Trench Safety Standards
which will be in effect during construction, and assure in writing that the Bidder will comply with the
applicable Trench Safety Standards.
Trench Safety
Measure
Units of
Measure Quantity Unit Cost Extended Cost
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
_____________ _________ ___________ ___________ ____________
TOTAL $____________
Company Name Authorized Representative
Authorized Representative Signature Date
Failure to complete and submit this form with your bid package may result in the rejection of your bid
Sebastian Municipal Airport Barrier Netting 25-04-RFP
PROPOSAL SECURITY
KNOWN ALL MEN BY THESE PRESENTS, that we _________________________ (hereinafter called
Principal) and _________________________ (hereinafter called the Surety) a corporation chartered and
existing under the Laws of the State of _________________________ with its principal offices in the City
of _________________________ and authorized to do business in the State of Florida, in the full and just
sums of ____________ Dollars ($____________) 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 Sebastian, Florida, a proposal for Sebastian
Municipal Airport Barrier Netting, 24-04-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
Page 51 of 51
SECTION 7 – 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
All-inclusive price to raise overall effective barrier of 3 sections from
30’ to 50’ and adding one new 50’ by 50’ section to the improved
sections
$
Proposer Name:
Signature: Date:
Print Name: Title: