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HomeMy WebLinkAboutA - 25-06-RFQ - Professional Design Services for Main Street Park and Boat Ramp REQUEST FOR QUALIFICATION 25-06-RFQ PROFESSIONAL DESIGN SERVICES FOR MAIN STREET PARK AND BOAT RAMP 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 Firms of all changes. It is the Firm’s responsibility to check for addenda associated with this solicitation. PROPOSED SCHEDULE EVENT DATE TIME RELEASE DATE: Friday, November 8, 2024 - QUESTIONS DUE DEADLINE: Tuesday, December 3, 2024 2:00 PM Local Time SUBMITTAL DUE DATE: Thursday, December 12, 2024 2:00 PM Local Time EVALUATION MEETING Week of December 16, 2024 TBD RECOMMENDATION OF AWARD (CITY COUNCIL MEETING) January 2025 6:00 PM Local Time PROPOSAL SUBMITTAL All proposals must be electronically submitted via VendorLink: https://www.myvendorlink.com/. 25-06-RFQ Page 2 of 40 REQUEST FOR QUALIFICATION The City of Sebastian seeks a Firm with substantial experience and capabilities to perform professional engineering services and provide dredging solutions for Main Street Park and Boat Ramp in accordance with the terms, conditions, and specifications stated herein. QUALIFICATION SUBMITTAL Qualification submittals 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. QUESTION DEADLINE The deadline to submit questions concerning this RFQ will be Tuesday, December 3, 2024, by 2:00 PM local time. Any and all questions or communication regarding this RFQ should be emailed only to the City’s Procurement/Contracts Manager at jessgraham@cityofsebastian.org. Contact by a Firm (or anyone representing a Firm) regarding this RFQ with the City Council or a City employee/representative other than this point of contact is grounds for disqualification. QUALIFICATION OPENING All sealed proposals are due by Thursday, December 12, 2024, by 2:00 P.M. local time. The proposal opening will be held virtually. Proposals will be opened at 2:15 p.m. local time. Only the NAME of the firms that submitted a response to this Request for Qualification will be read aloud. Meeting Information: https://v.ringcentral.com/join/136259113?pw=96e7b3457df176e15b92423dbabea4df Meeting ID: 136259113 Password: JhzXZgfvah Or dial: +1 (650) 419-1505 United States (San Mateo, CA) Access Code / Meeting ID: 136259113 Dial-in password: 5499943824 All proposals submitted to the city become public record unless exempt under Florida or other law as outlined above herein. Late proposals will not be opened or announced. Firms can pick up or pay 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 25-06-RFQ Page 3 of 40 At its sole discretion, the City may reject any proposals or accept any proposal or portion deemed to be whatever is in its best interest and waive any non-substantial irregularities. Date Advertised: Friday, November 8, 2024 Publication: Indian River Press/TCPalm By: Jessica Graham, CPPB Procurement Manager 25-06-RFQ Page 4 of 40 TABLE OF CONTENTS REQUEST FOR QUALIFICATION 2 TABLE OF CONTENTS 4 SECTION 1 – SCOPE OF WORK 5 SECTION 2 – GENERAL TERMS AND CONDITIONS 6 SECTION 3 – SPECIAL CONDITIONS 20 SECTION 4 – EVALUATION PROCEDURE 23 SECTION 5 – REQUIRED FORMS 28 • CONTACT INFORMATION SHEET 29 • CORPORATE RESOLUTION 30 • NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 31 • DRUG-FREE WORKPLACE PROGRAM 32 • CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 33 • CERTIFICATION REGARDING LOBBYING 34 • CERTIFICATION REGARDING SCRUTINIZED COMPANIES 35 • TRUTH-IN-NEGOTIATION CERTIFICATE 36 • REFERENCE LIST 38 • SUBCONTRACTOR LIST 39 • ADDENDA ACKNOWLEDGEMENT 40 25-06-RFQ Page 5 of 40 SECTION 1 – SCOPE OF WORK 1.1 SCOPE OF WORK 1.1.1 Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act), the City of Sebastian seeks a Firm with substantial experience and capabilities to perform professional engineering services and provide dredging solutions for Main S treet Park and Boat Ramp. The Firm should be able to provide engineering design (specifically coastal engineering), permitting, environmental assessment, construction management, technical specifications, bidding assistance, and construction inspection services. The firm may seek additional sub-consultants that provide other required services. However, the Prime Firm will be responsible for the design plans and have an in-house engineer of record licensed in the State of Florida and all other necessary engineering services for the complete project delivery in full conformance with applicable law, regulatory rules, regulations, and permitting requirements. 1.1.2 The City of Sebastian intends to enter into a contract with one (1) company (the “Firm”) for Engineering Services for the duration of the project. 1.1.3 It is anticipated the Professional services contract will include, but not be limited to, the following tasks: A. Surveying B. Design C. Permitting 1.2 QUALIFICATIONS OF FIRMS Responses will be considered from qualified Firms whose experience includes successful work in the industry with the following applicable requirements: 1.2.1 Architects, Engineers, and Surveyors/Mappers shall hold professional licensure to practice in Florida. 1.2.2 Firms must possess at least five (5) years of considerable relevant experience in the delivery of professional services, with emphasis on municipal, county, state, or federal projects. 1.2.3 The Firm must have sufficient qualified staff to complete applicable work in the time required and per State statutes and standards. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25-06-RFQ Page 6 of 40 SECTION 2 – GENERAL TERMS AND CONDITION 2.1 DEFINITIONS 2.1.1. Request for Qualifications (“RFQ”): This solicitation document, including any 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 Qualification, 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. Submittal: Submission in response to this RFQ. 2.1.6. Firm: Contractor submitting a response to this RFQ, “pre-award.” 2.1.7. Responsible Firm: A firm with the integrity, reliability, and capability to fulfill the contract requirement stated in the RFQ. 2.1.8. Responsive Firm: A firm whose proposal fully conforms in all material respects to the RFQ and its entire requirement, including form and substance. 2.1.9. Shall, Must, and Will: Interpreted as mandatory language. 2.2 METHOD OF SOURCE SELECTION 2.2.1. The City will utilize the Competitive Sealed Qualifications source selection methodology for this procurement. Each qualification will be reviewed to determine if it is responsive to the RFQ. Qualifications deemed non-responsive may be rejected without being evaluated by the selection committee. The procurement/contracts manager will appoint the selection committee, which shall comprise a minimum of three (3) City employees. The committee will make an award recommendation to the City Council, who will make the final selection(s). 2.3 CANCELLATION The City reserves the right to cancel this RFQ, in whole or in part, when it is in the City’s best interest. Notice of cancellation will be posted on VendorLink. 2.4 RFQ GUARANTEE RFQ submittals may not be withdrawn after the RFQ due date. The Firm shall warrant that the unit prices, terms, and conditions quoted in the RFQ 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 QUALIFICATION SUBMISSION 2.5.1. Qualification submittals are due at the date and time indicated on the cover page or as amended in the form of an addendum issued by the Procurement Division procurement. 25-06-RFQ Page 7 of 40 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. The Contractor's responsible for ensuring 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), and ZIP file formats, and printing must be enabled on all files submitted. 2.6 EXECUTION OF RFQ SUBMITTAL Each RFQ submittal must include the signature of an officer or employee with the authority to bind the contractor in the space(s) provided. Only the terms and conditions of this RFQ, 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 SOLICITATION DOCUMENTS No interpretation of the meaning of this solicitation 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 RFQ and any subsequent addenda or correction of any apparent ambiguity, inconsistency, or error will be addressed in writing by the City’s procurement/contracts manager. Inquiries must reference the solicitation title and solicitation number. Interpretation of the solicitation document, clarification of solicitation specifications, and changes to the solicitation shall be communicated by written addenda only. Only the written interpretation or correction given by the procurement manager shall be binding. Verbal responses shal l be considered inadmissible in bid protest proceedings. Firms are advised that no other source is authorized to interpret, explain, clarify, or give information regarding the solicitation documents. Written addenda shall be signed by the Firm and returned with the bid submission. Failure to return such addenda may constitute cause for rejection of a bid submittal. 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 Firm’s responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or thirty (30) days after the RFQ 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 Firm believes any of the information contained in his or her response is exempt from the Public Records Law, the Firm 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 25-06-RFQ Page 8 of 40 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE 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 providing a submittal, the Firm certifies that all information contained in the submittal is truthful to the best of their knowledge and belief. The Firm further certifies, under oath, that this submittal 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. The Firm further certifies that they have not divulged discussed, or compared this submittal with other submittals and has not colluded with any other Firms or parties to the RFQ. Any violation of this provision will result in the cancellation and/or return of Firms’ materials (as applicable) and the removal of the submittal from the list(s). 2.10 CONFLICT OF INTEREST The resulting agreement is subject to the provisions of Chapter 112.313, Florida Statutes. All Firms shall disclose within their RFQ to the City the name of any officer, director, or agent who is also an employee of the City. Please submit to the City all information on any potential conflict of interest related to the 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 Firm permanently or temporarily hire any City employee or Council member who is, or has been, directly involved with the Firm before or during the 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 RFQ or who is adversely affected by a decision of the City concerning the solicitation shall file a Notice of Intent to Protest, in writing within 72 hours after the solicitation document is posted or after the notice of decision is posted, respectively, excluding Saturdays, Sundays, and state holidays. A formal written protest shall be filed no later than 10 days after the Notice of Intent to Protest is filed, excluding Saturdays, Sundays, and state holidays. The formal written protest must be accompanied by a protest bond, cashier’s check, or money order in the amount of one percent (1%) of the total estimated contract value. The Notice of Intent to Protest and formal written protest shall be filed at the following address: Procurement/Contracts Manager, 1225 Main Street, Sebastian, FL 32958. The formal written protest shall state, with particularity, the facts and law upon which the protest is based. Failure to file a Notice of Intent to Protest, formal written protest, or failure to post the bond, cashier’s check, or money order within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 2.11.1. Decision - If the protest is not resolved by mutual agreement, the Procurement/Con tracts Manager shall promptly investigate the basis of the protest and, after consultation with the 25-06-RFQ Page 9 of 40 originating department, the City Attorney or any other person or entity deemed necessary, the 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 RFQ protests. The No-Contact Period shall commence on the initial date of the advertisement for this RFQ 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 Firm from consideration. 2.13 COMPLIANCE WITH LAWS AND CITY POLICIES AND PROCEDURES Contractors are required to be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may affect their work in any manner. Failure on the part of the Contractor to be aware of any law, ordinance, rule or regulation will in no way relieve him from any responsibility or liability arising from the contract award. The Contractor assures and certifies that they will comply with all laws, ordinances, rules, regulations, and all other legal requirements. The Contractor shall abide by all OSHA, NFPA, and ADA regulations about the hazards associated with the project, such as fall protection, lockout/tag-out, PPE, safety barricades, portable fire suppression/extinguishers, job site first aid kits, and emergency communication. Any fin es levied due to inadequacies or failure to comply with all requirements shall be the sole responsibility of the Contractor. 2.14 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 RFQ Price. For further information on compliance with their rules and regulations, go to http://www.dep.state.fl.us/water/stormwater/npdes. 25-06-RFQ Page 10 of 40 2.15 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 pe rform 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 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 t he 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 RFQ. 2.16 CONTRACTOR’S REPRESENTATIVE The contractor must provide a point of contact for the term of this RFQ 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. 2.17 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 RFQ 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 tri al, or entry of a plea of guilty or nolo contendere. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: 25-06-RFQ Page 11 of 40 2.18.1. A predecessor or successor of a person or corporation convicted of a public entity crime, or 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. The Firm 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 Firm is unable to certify to all of the statement above, the Firm shall attach an explanation to this RFQ. 2.19 BANKRUPTCY / INSOLVENCY At the time of RFQ 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 RFQ 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 Firm. 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 RFQ(s), to waive minor irregularities, and/or to accept the RFQ(s), which in its sole judgment best serves the interest of the City. More than one RFQ from an individual, Firm, 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 25-06-RFQ Page 12 of 40 f) Unit price of the goods, services or property provided g) Extended total price of the goods, services or property h) Applicable discounts i) Description of provided goods or services j) Quantity of provided goods or services 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 solicitation 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 contract pricing 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 testing of any materials purchased by the City, and for the management and administration of any warranty claims pertaining to such materials and equipment. Furthermore, to the extent that any furnished and installed materials directly purchased by the City were included in the Contractor’s Guaranteed Maximum Price (GMP), the GMP will be reduced by the amount included for each item. 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. 25-06-RFQ Page 13 of 40 2.26 CHANGE ORDERS 2.26.1. 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 solicitaion and contract documents as may be considered necessary or desirable to complete the work in a manner satisf actory 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 solicitation documents or contract documents. 2.26.2. 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 acknowledgment by the 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. 2.27 SUBCONTRACTORS AND SUPPLIERS The Firm 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 RFQ 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. 2.28 ASSIGNMENT The contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this agreement, or of any or all of its rights, title, or interest therein, or its power to execute such agreement to any person, firm, or corporation without prior written authorization by the City. 2.29 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. 2.30 DISCRIMINATION The Firm 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, Firms, 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. 25-06-RFQ Page 14 of 40 2.31 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 RFQ. 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 RFQ. 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. 2.32 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 RFQ. 2.33 CONTRACTS AND AMENDMENTS The contents of this RFQ 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. 2.34 SCRUTINIZED VENDOR CERTIFICATION 2.34.1. The Firm certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or services to the City, that it: 2.34.1.1. Does not participate in a boycott of Israel; and 2.34.1.2. Is not on the Scrutinized Companies that Boycott Israel List; and 2.34.1.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 2.34.1.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 2.34.1.5. Has not engaged in business operations in Cuba or Syria. 2.34.2. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Firm of the City’s determination concerning the false certification. The Firm 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 City determines, using credible information 25-06-RFQ Page 15 of 40 available to the public, that a false certification has been submitted by Firm, 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. 2.34.3. 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 RFQ 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. 2.34.4. As provided in F.S. 287.135, by entering into this contract or performing any work in furtherance hereof, the Firm 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. 2.35 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. Firms doing business under a fictitious name 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 Firm must provide their state’s document number and a screenshot of their current, date-identified “active” status with their submittal. 2.36 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. 2.37 CONFIDENTIAL, PROPRIETARY, OR TRADE SECRET MATERIAL If the Contractor considers any portion of the documents, data, or records submitted in response to this RFQ 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 25-06-RFQ Page 16 of 40 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. 2.38 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 d uring the term of this agreement, the City identifies better pricing for the same item, the Contractor agrees to offer the City the reduced price. 2.39 LIQUIDATED DAMAGES The contractor agrees to the use of liquidated damages in the event the contractor fails to perform by the provisions herein. The Contractor hereby agrees, as part consideration for awarding the Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and every calendar day that the Contractor shall be in default after the time stipulated in the Agreement for completing the Work. The Contractor and City acknowledge and agree that said sum is not a penalty but liquidated damages for breach of contract On the occasion where the contractor is in default of the Agreement, or any material provision thereof, or fails to remedy any deficiency in performance, the City may procure the necessary supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The difference between the contract 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. 2.40 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. 2.41 REPORT OF UNSATISFACTORY PRODUCTS OR SERVICES A Vendor Performance Report form will be utilized to document unsatisfactory performance during the term of this RFQ. 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. 2.42 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 25-06-RFQ Page 17 of 40 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. 2.43 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. 2.44 DRUG-FREE WORKPLACE In accordance with Florida Statute Section 287.087, the Firm certifies the following: 2.44.1. 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. 2.44.2. Employees are informed about the dangers of drug abuse in the workplace, the Firm’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. 2.44.3. 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, a 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. 2.44.4. The Firm/employer imposes a sanction or requires satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 2.44.5. The Firm/employer makes a good faith effort to continue to maintain a drug-free workplace through the implementation of the drug-free workplace program. 2.45 DEBARMENT AND SUSPENSION 2.45.1. The Firm certifies to the best of its knowledge and belief that it and its principals: 2.45.1.1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 25-06-RFQ Page 18 of 40 2.45.1.2. 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; 2.45.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with the commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 2.45.1.4. 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. 2.45.1.5. The City of Sebastian will not make award to parties listed on the government wide exclusions in the System for Award Management (SAM). 2.46 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. 2.47 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 RFQ, 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. 2.48 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. 2.49 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 wil l 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. 2.50 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 25-06-RFQ Page 19 of 40 work made for hire as a commissioned work. If any such work is deemed for any reason not to be work made for hire, Consultant assigns all right, title and interest in the copyright in such work, included but not limited to copyrights in text, two-dimensional and three-dimensional representations or animations, and all extensions and renewals thereof, to the City, and agrees to provide all assistance reasonably requested by the City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at the City’s expense but without additional compensation to Consultant. Consultant agrees to waive all artist’s rights and moral rights under Federal, State or International law, relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use of subsequent modification. 2.51 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 RFQ 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25-06-RFQ Page 20 of 40 SECTION 3 - SPECIAL CONDITIONS 3.1 LENGTH OF CONTRACT AND RENEWAL This RFQ 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. 3.2 INSURANCE 3.2.1. The City of Sebastian is to be specifically included as an additional insured on all certificates of insurance (except Workers' Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. A renewal certificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. 3.2.2. Before starting and until acceptance of the work by the City, Awarded Contractor shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. 3.2.3. The certificate holder shall read: City Of Sebastian 1225 Main Street Sebastian, FL 32958 3.2.4. Minimum coverage with limits and provisions are as follows: 3.2.4.1. Commercial General Liability: The Successful Firm shall provide Commercial General Liability insurance. This shall include premises/operations, personal & advertising injury, products, completed operations, and contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This 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: A. Per Occurrence: $1,000,000 B. General Aggregate: $2,000,000 3.2.4.2. Business Automobile: The Successful Firm 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 25-06-RFQ Page 21 of 40 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: C. Bodily Injury and Property Damage: o Combined Single Limit (each Accident): $1,000,000.00 3.2.4.3. Workers' Compensation: The Successful Firm 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. 3.2.4.4. The Contractor shall obtain insurance which shall at least meet the following minimum limits: D. State Worker’s Compensation: Statutory E. Employer’s Liability: $1,000,000.00 Each Accident $1,000,000.00 Disease, Policy Limit $1,000,000.00 Disease, Each Employee 3.2.4.5. Umbrella/ Excess Liability: Successful Firm 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 the Successful Firm has a $2,000,000 General Aggregate under the Commercial General Liability Policy. ** 3.2.4.6. Professional Liability Insurance or Errors and Omissions Insurance: 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 3.2.5. 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. 25-06-RFQ Page 22 of 40 3.2.6. 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. 3.2.7. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 25-06-RFQ Page 23 of 40 SECTION 4 – EVALUATION CRITERIA 4.1 It is the intent of the City that all responsive and responsible Firms responding to this RFQ will be ranked in accordance with the criteria established in these documents. 4.2 Submittals shall include all information solicited in this RFQ. Firms 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 Firm will be ranked based on the criteria herein addressed. 4.3 During the evaluation process and at the sole discretion of the City, requests for clarification of the Firm’s 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 provide Firms with an opportunity to answer any questions the City may have on a Firm’s submittal. After written clarification is completed, the Committee members will ha ve an opportunity to revise their scores for the non-price factors. 4.4 An adjectival-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 a score of 4 is the most favorable in all sections. 4.5 Committee members will score the Firm’s response in accordance with the following scale: Weighted Value Description 0 “Non-Responsive”: No information was provided for the specific criteria, and the firm failed to address them. No documentation was provided. 1 “Insufficient Evidence”: Submittal is lacking or inadequate in most basic requirements for the specific criteria 2 “Partial/Basic Evidence”: Submittal meets many of the basic requirements for the specific criteria but is lacking in some essential aspects. 3 “Sufficient Evidence”: Submittal adequately meets the minimum requirements of the specific criteria and is generally capable of meeting the City’s needs. 4 “High-Level Evidence”: Submittal 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). 4.6 Requirements 4.6.1. Pages should be sequentially numbered at the bottom of the page. 25-06-RFQ Page 24 of 40 4.6.2. Submittals should be concise and provide only the information requested. Additional data will not be considered. 4.6.3. The Proposal shall be limited to twenty-five (25) pages (Not including the required forms listed in Tab 1 or the Required Tabs). Any responses exceeding twenty-five (25) pages, not including the required forms or tabs, may be considered non-responsive and not considered for award. 4.7 Submittal Format Firms shall include the following information in their written response document. 4.7.1. Title Page: (Non-scored) The Title Page shall show the request for qualification’s subject, title, and RFQ number; the firm's name; the name, address, email address, and telephone number of a contact person; and the date of the submittal. 4.7.2. Tab 1 - Transmittal Letter & Mandatory Forms: (Non-scored) 4.7.2.1. The Submittal shall contain a cover letter by a person authorized to commit the Firm to perform the work included in the submittal and shall identify all materials and enclosures being forwarded in response to the RFQ. The letter shall also provide a brief description of the Firm’s ability to meet the requirements of the RFQ, 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. 4.7.2.2. Required Forms a) Contact Information Sheet b) Corporate Resolution (if applicable) c) Non-Collusion Affidavit Form d) Drug-Free Workplace Form e) Certification Regarding Debarment and Suspension f) Certification Regarding Lobbying g) Certification Regarding Scrutinized Companies h) Truth-in-Negotiations Certificate and Affidavit i) Reference List j) Subcontractor List k) Addenda Acknowledgement 4.7.3. Tab 2 - Table of Contents: (Non-scored) - The Table of Contents shall list all major topics, their associated section number, and the starting page. 25-06-RFQ Page 25 of 40 4.7.4. Tab 3 – Firm Staff: (maximum 4 x 6 = up to 24 Points) 4.7.4.1. Provide an organizational chart for the Firm 4.7.4.2. Identify the following team members: a) Project Manager/Principal in Charge b) Project Architect/Engineer/etc. c) Key Staff d) Key Sub-Consultant Personnel (if applicable) 4.7.4.3. Provide a short bio for each individual listed above. 4.7.5. Tab 4 – Firm Experience: (maximum 4 x 9 = maximum 36 points) 4.7.5.1. Submit a portfolio of previous projects demonstrating the firm’s experience and success working with government entities. Include brief case studies or summaries that highlight the firm’s role, the project’s scope, and the outcomes achieved. 4.7.5.2. Provide references from previous government clients, including contact information. The services provided to these clients should be as similar as possible to those requested in this RFQ. These references should be able to attest to the firm's performance, professionalism, and ability to deliver quality results within the public sector context. 4.7.6. Tab 5 – Firm Approach/Capabilities: (maximum 4 x 10 = maximum 40 points) 4.7.6.1. Explain the methodology and strategy your team will employ in approaching the scope of work. Detail the steps from initiation to completion, including how the unique characteristics and challenges of the discipline will be addressed. 4.7.6.2. Detail your team's approach to ensuring full compliance with all relevant Federal and State regulations, guidelines, and standards specific to the submitted discipline. Explain how you will stay updated with the most recent changes in regulations and incorporate them into the discipline management and development process. 4.7.6.3. Comment on the strategies and processes your team will use to manage interaction with the public and City staff. Include how you plan to engage stakeholders, handle feedback, and ensure clear, continuous communication throughout development. 4.7.6.4. Explain why your firm's approach is the most beneficial for the City. Highlight any unique capabilities, resources, or experiences that make your firm's approach stand out. 25-06-RFQ Page 26 of 40 4.8 Selection & Award Process The Evaluation Team will evaluate each written Qualification submittal on the basis of the criteria in the RFQ Evaluation Criteria Total Possible Points Tab #3 – Firm’s Staff 24 Tab #4 – Firm’s Experience 36 Tab #5 – Firm Approach/Capabilities 40 MAXIMUM POSSIBLE POINTS 100 4.9 Based on the evaluation of the written submittals and the closeness of the scores determined by said evaluation, the City may choose to conduct oral discussions/interviews with the top three or more firms for clarification, and to assure full understanding of, and conformance to, the solicitation requirements, and to clarify the firms’ qualifications. Should the Evaluation Team (E - Team) request oral discussions/interviews, the following procedures will apply. 4.10 Oral Discussions/Interviews (maximum 100 points) 4.10.1. The short-listed firms will be provided with written questions from the Evaluation Team. The Evaluation Team will conduct oral discussions with the short-listed Firms. The Firms will then be scored by the Evaluation Team. 4.10.2. Oral discussions/interviews and/or presentations are exempt from Public Meeting requirements (Section 286.011, Florida Statutes). Oral discussions/interviews will provide an opportunity for the Firm to demonstrate their ability to use time efficiently, effectively and economically. 4.10.3. The City’s Procurement Department will establish the schedule, and Firms will be notified within a reasonable time period (generally 7 calendar days) in advance of the date, time, and place of the discussion. The time frame for oral discussions/interviews with each firm will not exceed 45 minutes. The specific format of each discussion will be provided to firms via notifications. 4.10.4. 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 MAXIMUM POSSIBLE POINTS 100 25-06-RFQ Page 27 of 40 4.10.5. The Evaluation Team will complete its final scores for oral/discussions presentations for short-listed firms. 4.10.6. 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. 4.10.7. The Procurement/Contracts Manager shall ensure that the ranking is reviewed and then sent to the City Manager for placement on the Council Agenda 4.10.8. The Procurement/Contracts Manager shall review the ranking, and post a Notice of Intended Decision. The recommendation will then be sent to the City Manager for placement on the Council Agenda to request City Council permission to negotiate, as appropriate. Following Council action, the City will negotiate contracts with the ranked firms. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SECTION 5 REQUIRED FORMS xx-xx-RFQ Page 29 of 40 CONTACT INFORMATION SHEET DUE DATE: December 12, 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 bid. Submittals 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 RFQ TITLE: Professional Design Services for Main Street Park and Boat Ramp RFQ NO.: # 25-06-RFQ Firm 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 RFQ document and associated documents, including the Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this submittal is truthful to the best of my knowledge and belief that I am duly authorized to submit on behalf of the Firm named above, and that the Firm 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 RFQ 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 submittal, the submittal shall be marked non-responsive. Failure to complete and submit this form with your submittal package may result in the rejection of your submittal. The City reserves the right to reject any and all submittal or to accept any submittal or portion deemed to be in the City's best interest and waive any non-substantial irregularities. xx-xx-RFQ Page 30 of 40 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 bids 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 may result in the rejection of your Submittal. xx-xx-RFQ Page 31 of 40 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 may result in the rejection of your Submittal. xx-xx-RFQ Page 32 of 40 DRUG-FREE WORKPLACE PROGRAM In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids or replies are received by the City that are equal with respect to price, quality, and service for the procurement of commodities or contractual services, a bid or reply received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented. Authorized Signature Company Date Failure to complete and submit this form may result in the rejection of your Submittal. xx-xx-RFQ Page 33 of 40 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 suspen sion 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 may result in the rejection of your Submittal. xx-xx-RFQ Page 34 of 40 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 t o 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 may result in the rejection of your Submittal. xx-xx-RFQ Page 35 of 40 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 may result in the rejection of your Submittal. xx-xx-RFQ Page 36 of 40 TRUTH-IN-NEGOTIATION CERTIFICATE AND AFFIDAVIT STATE OF COUNTY OF Before me, the undersigned authority, personally appeared affiant, __________________, who being first duly sworn, deposes and says: 1. That the undersigned firm is furnishing this Truth in Negotiation Certificate pursuant to Section 287.055(5)(a) of the Florida Statutes for the undersigned firm to receive an agreement for professional services with the City of Sebastian, Indian River County, Florida. 2. That the undersigned firm is a corporation which engages in furnishing professional architecture, engineering, and surveying and mapping services and is entering into an agreement with the City of Sebastian, Indian River County, Florida to provide professional services. 3. That the undersigned firm has furnished the City of Sebastian, Indian River County, Florid a detailed analysis of the cost of the professional services required for the project. 4. That the wage rate information and other factual unit cost, which the undersigned firm furnished, were accurate, complete and current at the time the undersigned firm and the City of Sebastian entered into the agreement for professional services on the project. 5. That the agreement which the undersigned firm and the City of Palm Bay entered into on this job contained a provision that the original agreement price and any additions thereto shall be adjusted to include any significant sums by which the City of Palm Bay determines the agreement price was increased due to inaccurate, incomplete or non-current wage rates or other factual unit cost and that all such agreement adjustments shall be made within one year following the end of the agreement. FURTHER AFFIANT SAYETH NAUGHT. Authorized Signature Title Company Date [Notary Page to Follow] xx-xx-RFQ Page 37 of 40 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. WITNESS my hand and official seal in the State and County last aforesaid this _______ day of _______________, _______ (year). ______________________ (Signature of Notary Public) ______________________ (Name of Notary – Typed, printed or stamped) ______________________ (Notary Seal / Serial Number) ______________________ (Date) Failure to complete and submit this form may result in the rejection of your Submittal. xx-xx-RFQ Page 38 of 40 REFERENCE LIST Firm’s Name: List a minimum of three (3) client references that can speak to the Firm’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 Firm 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 may result in the rejection of your Submittal. xx-xx-RFQ Page 39 of 40 SUBCONTRACTOR LIST Firm’s Name: Phone #: RFQ Title: RFQ #: 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. The form must be submitted with your bid. Use additional sheets if necessary. The City reserves the right to reject any proposals if the Firm names subcontractors who have previously failed to properly perform an award, failed to deliver on-time contracts of a similar nature, or are not in a position to perform under this award. The City reserves the right to inspect all facilities of any subcontractor 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 may result in the rejection of your Submittal. xx-xx-RFQ Page 40 of 40 ADDENDA ACKNOWLEDGEMENT Firm’s Name: Phone #: RFQ Title: RFQ #: 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), the 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 may result in the rejection of your Submittal.