RFP 09-25-01 CS Cross-Connection Control Program Management.PDF

RFP 09-25-01 CS Cross-Connection Control Program Management Services

City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708

REQUEST FOR PROPOSAL

PROPOSAL: RFP # 09-25-01 CS DATE: September 22, 2025

Sealed Proposals for the provision of service to provide Cross-Connection Control Program Management Services will be received by the City of Winter Springs (CITY) Procurement Department, located at Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, until:

October 15, 2025 2:00 p.m., local time

FOR

Cross Connection Control Program Management Services

Said Proposals shall conform to the minimum requirements outlined in this Request for Proposal. The CITY reserves the right to reject any and all offers and to waive minor informalities.

The CITY issues this Request for Proposal in order to select a Proposal(s) for further contract negotiation. Selection by the CITY Commission may not result in the formation of a contract.

Submission and Receipt of RFPs:

Proposers shall submit their Proposal response to this RFP by:

Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your RFP response to this office by the date and time indicated above.

The outside of your package must be clearly labeled with the RFP number, title, opening date and time, and the name and address of the Proposer. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements.

Proposals received after October 15, 2025 at 2:00 p.m., will be rejected.

Deadline for questions is October 3, 2025 1:00pm local time

Any Addenda, if required, will be issued by 5:00pm on October 8, 2025 on the Demand Star platform and City Website if questions are received and require clarification.

If you have any questions regarding this Request for Proposal, please contact Procurement Department, at (407) 327-6557, or via email at procurement@winterspringsfl.org

PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM:

www.demandstar.com or https://www.winterspringsfl.org/rfps

RFP 09-25-01 CS Cross-Connection Control Program Management Services

Request For Proposal Table of Contents

PART I: SCOPE OF SERVICE/EVALUATION CRITERIA

Background

Scope and Term of Service

TYPE OF WORK

EVALUATION CRITERIA

TIMELINE OF EVENTS

PART II: SPECIFIC BID REQUIREMENTS

FORMAT

Section A – Proposer Information and Acknowledgement Form

Section B – Table of Contents

Section C – Executive Summary

Section D – Qualifications

Section E - Other Information

Section F – Cost and Time

Section G – Mandatory Proposal Forms

Section H – Florida State Corporate Filing

PART III: INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS

Definitions

Preparation of Request for Proposal

Submission and Receipt of Proposals

Selection of Proposal

Acceptance of Offer

Discrepancies, Errors, and Omissions

Right to Reject Proposals

Compensation

Fiscal Non-Funding Clause

Conflict of Interest

Public Entity Crimes

Options

Subcontracting

Failure to Submit Proposal

Default of Contract

Modification for Changes

Order of Precedence

Examination of Records

Proposals Received

Lobbying/Cone of Silence

Qualifications of Proposer

RFP 09-25-01 CS Cross-Connection Control Program Management Services

Disqualification of Proposer

Licenses and Permits

Provisions for Other Agencies

Applicable Law and Venue

Proposal Disclosure; Public Records Responsibilities

E-Verify

Prohibition on Gifts to City Employees and Officials

Discrimination

Additional Information

MANDATORY BID FORMS

PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM

REFERENCE PACKAGE

REFERENCE INFORMATION FORM

INSURANCE REQUIREMENTS FORM

SCRUTINIZED COMPANY CERTIFICATION

NON-COLLUSION AFFIDAVIT of PRIME PROPOSER

DRUG FREE WORKPLACE FORM

PUBLIC ENTITY CRIMES STATEMENT

DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS

E-VERIFY STATEMENT

CONFLICT OF INTEREST STATEMENT

AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTES § 787.06

BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. §1352 (as amended)

Appendix A: COST PROPOSAL WORKSHEET

Appendix B: PROPOSAL BOND FORM

APPENDIX C: PERFORMANCE BOND FORM

APPENDIX D: LABOR AND MATERIALS PAYMENT BOND

RFP 09-25-01 CS Cross-Connection Control Program Management Services

PART I: SCOPE OF SERVICE/EVALUATION CRITERIA

RFP # 09-25-01 CS

Cross-Connection Control Program Management Services

Background

The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford Metropolitan Area. The City covers approximately 15 square miles with a population of approximately 39,000. The City has three water treatment plants that serve primarily residential consumers. The City’s water system has 441 non-residential water service connections, 110 non-residential consumers using potable water for irrigation, and 458 residents using potable water for irrigation.

Scope and Term of Service

The City of Winter Springs is requesting Proposals from qualified companies (Proposer or Proposers) for the purposes of providing their services for the management of the cross-connection control program. The qualified company selected shall provide a strong technical support team, demonstrate the ability to improve the management of the program, develop and implement plans to reduce exposure risks related to the regulatory compliance and safety, and operate in compliance with state regulations.

Thus, the City is requesting proposals from qualified companies to provide Cross-Connection Management Services to ensure compliance with Florda Department of Environmental Protection (FDEP) Regulation 62-555.360. The Proposer(s) awarded will be required to complete an initial survey and inspection within one year of award and maintain program management services for the following five years. The City anticipates a change in the scope of work as a result of the improvement project. The City and Contractor will develop a revised scope of work at a mutually agreed upon time.

TYPE OF WORK

1. The primary objectives of this program are to:

a) Preemptively identify and document cross-connection/backflow hazards and notify building owners of any mandatory corrective action when required and monitor compliance cycle.

b) Manage Backflow Test Tracking/Send Notifications- Monitor, track periodic test documentation, print and send corrective action notifications related to Backflow Preventer Assemblies connected to the public water system.

c) Establish a cloud based secure database of cross-connection control and backflow prevention records for each service connection included in the program. All data collected and managed remains the sole property of the public water system,

d) Ensure all program data is compatible for import with ESRI ArcGIS/ArcMap for enhanced geographic and system-wide analysis.

e) Provide onsite training for public water system staff on cross-connection and backflow prevention fundamentals.

f) Conduct a comprehensive review and optimization of the public water system’s Cross-Connection Control Program.

2. The project scope includes, but is not limited to:

a. Cross- Connection Surveys/ Inspections: Responsible for the proactive identification and documentation of cross-connection backflow hazards throughout the City of Winter Springs service area. To include:

i. On-Site Cross-Connection Surveys: Conduct visual inspections at commercial, Industrial, and institutional properties, as well as select residential properties, to identify all potential cross-connections.

ii. Hazard Documentation: Maintain accurate records of all surveyed locations, including:

1. Type of facility.

RFP 09-25-01 CS Cross-Connection Control Program Management Services

2. Potential cross-connections identified.

3. Risk classification is based on degree of hazard.

4. Recommended corrective actions.

iii. Property Owner Notification: Provide written notifications to building owners detailing any mandatory corrective actions required for compliance.

iv. Follow-Up & Compliance Monitoring: Track compliance cycles and conduct follow-up inspections to verify corrective actions have been completed.

v. Data Management & Reporting: Maintain a digital tracking system accessible to the City of Winter Springs staff that includes survey records, compliance statuses, and pending corrective actions

b. Backflow Test Tracking/Notifications: Establish a comprehensive backflow prevention assembly compliance tracking system to ensure all devices connected to the City of Winter Springs distribution system are properly tested and maintained. This includes:

i. Backflow Prevention Assembly Inventory with updated device locations and testing schedules.

ii. Monitoring & Compliance Tracking for test due dates and follow-up on overdue tests.

iii. Property Owner Notifications with reminders, compliance deadlines, and enforcement warnings.

iv. Coordination with Certified Backflow Testers to ensure testing is performed by qualified personnel.

v. Enforcement Follow-Up with escalations as necessary, including service shutoffs for non-compliance.

vi. Secure Data Management to allow staff access to backflow test records and compliance tracking.

c. Cross-Connection Control Program Data Accessibility and GIS Integration:

i. Proposer(s) shall use a cross-connection software package for program management that is approved by the City of Winter Springs and is able to produce, at a minimum, the following reports and notices:

1. Standard notices and reports to include inspection, re-inspection, testing, non-compliance and compliance notices.

2. Produce management reports for notices, inventory of devices, device tests, inspection schedules, device test schedules, overdue inspections, and device test forms.

3. Schedule inspection and device testing notices from internal records, standard procedures, and timing as required by FDEP approved, City of Winter Springs CCC Plan.

4. Track testable and non-testable devices and compliance requirements.

5. Automatically access all data relevant to a particular facility or period.

6. Generate the Annual Cross Connection Control Report and support documents.

ii. The Proposer(s) shall provide the entire database for the cross-connection program from program inception through the end of the calendar year in a mutually agreeable electronic format.

iii. The Proposer(s) shall utilize a proprietary or commercially available cross-connection program software package. If proprietary software is utilized, the Contractor shall provide the City with a working copy through the term of the contract and for sufficient period following the termination of the contract. The city is authorized to view the database, and to export the database to another cross-connection program software system within six months of contract termination and receipt of the final database described above.

iv. The Proposer(s) shall provide a written report on specific events or accounts upon request.

v. The Proposer(s) hall provide templated public awareness content and residual notification templates that align with Rule 62-555.360 that dual check devices shall be refurbished or replaced at least once every five to ten years.

vi. The Proposer(s) shall provide full-time phone support for customer questions with a trained ASSE customer service agent. The Contractor’s phone will be staffed during normal business hours, 8am- 8pm EST Monday through Friday. An automatic message service will be provided for after-hour calls.

vii. The Proposer(s) shall ensure that all cross-connection control program data is accessible to designated water system staff, and compatible for use with ESRI ArcGIS/ArcMap. This includes:

1. Location Data

2. Owner Information

3. Device/Assembly Information:

a. Manufacturer/Model

b. Size

RFP 09-25-01 CS Cross-Connection Control Program Management Services

c. Photo location

d. Cost at time of purchase

e. Testing/Inspection frequency

4. Installation date, testing date, and/or replacement date

5. Contact information of testing company

6. Provide location data formatted for easy GIS integration

d. Onsite Cross-Connection & Backflow Basics Training for Public Water System Staff: Proposer(s) shall provide up to eight (8) hours of onsite training for Winter Springs staff on cross-connection and backflow prevention. Training topics should include:

i. Overview of Cross-Connection Control Regulations (FDEP 62-555.360)

ii. Identifying Cross-Connections & Backflow Hazards

iii. Types of Backflow Prevention Assemblies & Their Functions

iv. Surveying & Inspection Procedures

v. Understanding Backflow Test Reports

e. Utility Cross-Connection Control Program Review & Optimization: Proposer(s) shall perform a comprehensive review of the existing Cross-Connection Control Program and provide consulting and recommendation for improvements. To include:

i. Regulatory Review & Ordinance Compliance

ii. Notification Timeliness & Enforcement Procedures

iii. Inspection Prioritization & High-Hazard Containment

iv. Public Awareness & Customer Education Enhancements

v. Database Management & Business Change Tracking

vi. Facility Inspection Scheduling & Risk Classification

EVALUATION CRITERIA

Proposals will be evaluated by the CITY, and the Proposer will be selected based upon, but not limited to, the following criteria:

Criteria: Max Points:

Experience: The Proposer’s has demonstrated the necessary methodologies, approach, software, and experience that attest to the skills, experience, and capability to perform the services of cross-connection control program management.

Experience & Qualifications: Proposer has demonstrated significant experience and references that attest to their skills and capabilities with cross-connection control program management.

Methodology & Approach: Proposers provided detailed methodologies for surveying, tracking, training, and compliance. Demonstrating the necessary capabilities and skills to undertake this project.

Software & Data Management Capabilities: Proposers provided a detailed explanation of their data accessibility. Software proposed is compatible with City of Winter Springs ESRI Arc GIS/ArcMap software, providing an easy GIS Integration atmosphere.

Experience Total: 80

Cost: The cost of the Proposal is important to the CITY, however, based on the evaluation of the other criteria, the CITY will not necessarily select the lowest Proposer.

Cost Total: 20

Total Possible Points 100

RFP 09-25-01 CS Cross-Connection Control Program Management Services

Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give preference based upon, a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.

TIMELINE OF EVENTS

Release of RFP September 22, 2025 Deadline to receive questions (electronically) - 1:00pm local time October 3, 2025 Addendum Released by 5:00pm local time October 8, 2025 RFP Submittals Due by 2:00 pm local time October 15, 2025 RFP Opening – Immediately after Proposal Registration in City Commission Chambers October 15, 2025 Evaluation Committee Vendor Recommendation TBD CITY Commission Approval of Selection and Consideration of Contract TBD

RFP 09-25-01 CS Cross-Connection Control Program Management Services

PART II: SPECIFIC BID REQUIREMENTS

For

RFP 09-25-01 CS

FORMAT

To assure consistency, Proposals must conform to the following format:

A. Proposer Information and Acknowledgement Form B. Table of Contents C. Executive Summary D. Qualifications E. Other Information F. Cost & Time G. Mandatory Proposal Forms H. Florida State Corporate Filing

Narrative pages are to be 8 ½ x 11 inches and all materials should be bound into one volume. A clear and concise presentation of information is encouraged.

Failure of the proposer(s) to organize the information required by this RFP as outlined may result in the City, at its sole discretion, disqualifying the Proposer from further consideration.

Section A – Proposer Information and Acknowledgement Form

Use the form provided in the Mandatory Proposal Form titled “PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM.” (See Proposal Form 1)

Section B – Table of Contents

Identify Proposal material by section and page number.

Section C – Executive Summary

Summarize a short overview of the proposal and value proposition to the City. Limited to 3 pages.

Section D – Qualifications

General – Provide general information about the Proposer, including size, office location(s), and structure of Proposer.

Identify and explain any significant changes in organizational structure, ownership, or management.

Minimum Experience – Proposer must have at minimum 5 years of experience with Cross-Connection Control Program Management. Proposer(s) must describe the prior experience with similar programs. Proposer(s) must be in good legal standing.

Desired Experience – Proposer shall demonstrate their ability to undertake the City’s project by providing the technical qualification of the Proposer, identify key individual team members and principal subcontractors, if applicable. The City reserves the right to conduct an independent investigation of the Proposer’s technical qualifications by contacting project references, accessing public information, inspecting facilities or contracting independent parties. Additional information may be requested during the evaluations of the technical aspects.

Methodology & Approach- Proposers will address their approach to managing the program based on the scope of work

RFP 09-25-01 CS Cross-Connection Control Program Management Services provided. These plans submitted in the proposal are preliminary documents that the selected Proposer ill further develop for implementation following contract award. It is expected that these plans are submitted on company letterhead/templates with some minor adaptation to this project to indicate how they will apply.

Software & Data Management Capabilities- Proposer(s) will provide a list of software used to complete the scope of work and manage the project. The proposer should include: (1) how the software will be used and (2) if the software is compatible with the City’s GIS software.

References – Use the form provided in the Mandatory Proposal Form titled “REFERENCE INFORMATION FORM”

Conclusion – Briefly summarize why Proposer should be selected, including why Proposer is pursuing the City of Winter Springs’ business. In short, summarize what makes Proposer different and why the CITY should select Proposer above all others.

Section E - Other Information

This section should address any other information necessary for a full understanding of Proposer’s services. Please provide relevant information on any additional services offered by Proposer.

Section F – Cost and Time

This section must clearly state a detailed cost breakdown for each item in the scope of work. Provide details on how the base fee will be adjusted to account for changes in the Proposer’s operating costs. Fee adjustments will take effect on October 1 each year to align with the City’s fiscal year. Use Appendix A: Cost Proposal Worksheet.

Section G – Mandatory Proposal Forms

Fill out and return the forms provided, Proposer Information and Acknowledgement Form, References Information Forms, Insurance Requirement Form, Scrutinized Company Certification, Non-Collusion Affidavit of Prime Respondent, Drug Free Workplace Form, Public Entity Crimes Statement, Debarment, suspension etc. Certification, E-Verify Statement, Conflict of Interest Statement, Compliance with Florida Statute 787.06 Affidavit, and Appendix A Cost Proposal Worksheet.

Section H – Florida State Corporate Filing

All Proposals must be signed with the Proposer’s name and by an officer or employee having authority to bind the Proposer by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Proposal. Use Sunbiz website screen shot or include a copy of Corporate Resolution or a Power of Attorney.

RFP 09-25-01 CS Cross-Connection Control Program Management Services

PART III: INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS

RFP 08-25-01 CS

Definitions (as used herein)

a. The acronym "RFP" is a "Request For Proposal" and means a solicitation of proposals.

b. The term "Proposal" means the offer of qualitative evaluations by the Proposer.

c. The term " Proposer " means the person, company, or entity making an offer.

d. The term "Change Order" means a written order signed by the Finance Department or authorized representative directing the Bidder to make changes to a contract or purchase order resulting from the RFP.

e. The term "CITY" means the City of Winter Springs, Florida.

f. The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is the only body that can award Bids.

g. The term “Evaluation Committee” means a team of CITY staff that will review and rank all Proposals and may provide a recommendation regarding selection of a PROPOSER to the CITY Commission.

Preparation of Request for Proposal

a. Proposers are expected to examine the minimum requirements and all special and general conditions. Omission on the part of the Proposer to make the necessary examinations and investigations, or failure to fulfill every detail the requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY or compensation to the Proposer. Failure to properly and fully complete the Proposal is at the Proposer 's risk. The Proposer shall sign the Request for Proposal and print or type his/her name, address, and telephone number on the face page.

b. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a detailed description concerning any point will be regarded as meaning that only the best commercial practices are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made upon the basis of this statement.

c. Proposers should submit their response to this RFP by:

Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of Proposer’s response to this office by the date and time indicated in Part I Timeline of Events.

The outside of Proposer’s package must be clearly labeled with the RFP number, title, opening date and time and the name and address of the Proposer. The CITY is not responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements. Proposal response should include Proposal Bond in the amount of 5% of Proposal value.

d. The Proposer should retain a copy of all documents for future reference.

e. All Proposals must be signed with the Proposer’s name and by an officer or employee having authority to bind the

Proposer by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Proposal. You may use

RFP 09-25-01 CS Cross-Connection Control Program Management Services the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the corporate signer.

f. Failure to follow the instructions in the Request for Proposal is cause for rejection of your Proposal.

Submission and Receipt of Proposals

a. Proposals must be received before the specified time as designated in the RFP Timeline of Events. A list of Proposers who submitted Proposals will be furnished, upon request, following finalization of the RFP process.

b. Proposals shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the RFP number, and the name and address of the Proposer.

c. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being delivered by the specified time so that a Proposal can be considered.

d. Email and Facsimile (FAX) Proposals will not be considered, however, Proposals may be modified by email and FAX notice, provided such notices are received prior to the time and date specified.

e. Late Proposals will be rejected.

f. Proposals having any erasures or corrections must be initialed by the Proposer, in ink. Proposals shall be signed in ink. All amounts shall be typewritten or completed in ink.

g. All Mandatory Proposal Forms must be completed and attached to the Proposal response.

h. All costs of Proposal preparation, inspection of the RFP documents, and presentation of the Proposal shall be solely borne by the Proposer. The CITY shall not be liable for any cost incurred by the Proposer during the preparation and submission of its Proposal in response to this RFP.

Selection of Proposal

SELECTION OF THE PROPOSER AND PROPOSAL DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE BEST INTERESTS OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS’S SOLE AND ABSOLUTE DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL FINAL APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC CONTRACT TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations may be terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY Manager OR CITY Commission determines that the negotiation of terms acceptable to the CITY will not be successful.

Only the CITY Commission can select Proposals, authorize the CITY Manager to engage in negotiations, and ultimately enter into a contract.

The project owner provides a recommendation to the CITY Commission for selection. The recommendation may or may not be adopted by the CITY Commission.

In the event clarification is required, the CITY may require one or more of the top-ranking Proposers to attend a meeting to make an oral presentation, answer questions. This meeting will be exempt from the requirements of the Sunshine Law in accordance with section 286.0113, Florida Statutes. Proposer(s) will be notified of any further meeting requirements.

Acceptance of Offer

The signed Proposal shall be considered an offer on the part of the Proposer; however, such offer shall be deemed accepted only upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another contractual document deemed acceptable to the CITY. The contract will be awarded to the most responsible and responsive, qualified Proposer(s) whose Proposal is deemed the most advantageous and in the best interests of the CITY in accordance with the criteria set

RFP 09-25-01 CS Cross-Connection Control Program Management Services forth in this RFP.

The CITY reserves the right to accept or reject any and all Proposals or parts of Proposals, waive minor informalities, and to request clarification of information from any Proposer.

Notice of Award, Performance and Labor and Materials Payment Bond

Within ten (10) calendar days from the date stipulated in the Notice of Award notifying Proposer that its Proposal has been accepted, the successful Proposer shall execute the Agreement. Simultaneously with the execution of the Agreement, Proposer shall furnish a Performance Bond and a Labor and Materials Payment Bond each in the amount of 110 percent of the contract price. The bonds shall be secured from a surety company acceptable to the CITY. The forms of the Bonds the successful Proposer will be required to execute are included in the RFP Documents. Failure to execute the Agreement and/or to furnish said bonds within ten (10) calendar days from the date of the Notice of Award entitles the CITY to consider all rights arising out of the CITY's acceptance of the Proposal as abandoned and the Proposal Bond shall be forfeited. The CITY shall be entitled to such other rights as may be granted by law.

Discrepancies, Errors, and Omissions

Any discrepancies, errors, or ambiguities in the Request For Proposal or addenda (if any) should be reported in writing to the CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Request For Proposal and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any oral instructions, clarifications, or other communications.

Right to Reject Proposals

The CITY reserves the right to reject any or all Proposals, and to disregard typographical, mathematical, or obvious errors.

The CITY will not pay costs incurred by any Proposer in the preparation of their Proposals.

Compensation

Compensation, which is determined to be fair, competitive, and reasonable, will be considered during the negotiations of a final contract with the selected Proposer.

Fiscal Non-Funding Clause

In the event sufficient budgeted funds are not available for a new fiscal period, the CITY shall notify the Proposer of such occurrence and any contracts entered into between the CITY and Proposer shall terminate on the last day of the current fiscal period without penalty or expense to the CITY.

Rights of the CITY

This RFP constitutes an invitation for submission of Proposals to the CITY. This RFP does not obligate the CITY to procure or contract for any of the scopes of services set forth in this RFP. The CITY reserves and holds at its sole discretion, various rights and options under Florida law, including without limitation, the following:

To prepare and issue Addendums to the RFP that may expand, restrict, or cancel any portion or all work described in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP.

To receive questions from potential Proposers and to provide such answers in writing as it deems appropriate.

To waive any informalities, technicalities or irregularities in the Proposals submitted.

To reject any and all Proposal submissions.

To change the date for receipt of Proposals or any deadlines and dates specified in the RFP.

To change the procurement and/or selection process prior to receipt of Proposals.

To conduct investigations with respect to the information provided by each Proposer and to request additional information (either in writing or in presentations and interviews) to support such Proposer’s responses and submittals.

To visit facilities referenced in the Proposer’s submittal at any time or times during the procurement process.

RFP 09-25-01 CS Cross-Connection Control Program Management Services

To seek clarification of Proposals from the Proposer either in writing or in presentations and interviews To cancel the RFP; with or without the substitution of another RFP.

Conflict of Interest

Proposer acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112, Florida Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs.

The Proposer certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in this Proposal. Financial interest includes ownership of more than five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the Proposal or of any subcontractor or supplier thereof providing goods or services in excess of ten percent (10%) of the total Proposal amount.

Additionally, the Proposer, on company letterhead, must divulge at the time of Proposal submittal, any relative, other than those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial interest, as defined herein, in providing the goods or services specified in the Proposal. The CITY, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the Proposal.

Public Entity Crimes

A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

Options

When the CITY requests Proposals with options regarding the extent of services to be provided, the CITY requests all PROPOSERS to provide a cost breakdown for each option proposed. Although all options may be purchased, some options may not ultimately be purchased. The CITY reserves the right to decide, at its discretion, which options shall be purchased.

The CITY reserves the right to engage more than one (1) PROPOSER if it is believed that different PROPOSERS might best serve the CITY's interests in performing different segments of the work (e.g., one PROPOSER to provide building estimates, and another to provide infrastructure estimates).

Subcontracting Where Proposers do not have the "in-house" capability to perform work desired in the Request For Proposal, subcontracting may be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and agree that any proposed subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of any intended subcontractor(s) should be given in the Proposal.

Failure to Submit Proposal

If PROPOSER does not wish to submit a Proposal, return the RFP and state the reason therefore; otherwise, PROPOSER’s name may be removed from CITY’s mailing list.

Default of Contract

In case of default by the Proposer, the CITY may procure the requested services from other sources and hold the Proposer responsible for any excess costs occasioned or incurred thereby.

RFP 09-25-01 CS Cross-Connection Control Program Management Services

Modification for Changes

No agreement or understanding to modify this RFP and resultant purchase order or contract shall be binding upon the CITY unless made in writing by the City of Winter Springs.

Order of Precedence

In the event of an inconsistency between provisions of the RFP, the inconsistency shall be resolved by giving precedence in the following order: (a) Instructions to Proposers and General Provisions; and (b) the minimum requirements.

Examination of Records

The Proposer shall keep adequate records and supporting documentation applicable to the subject matter of this RFP to include, but not be limited to records of costs, time worked, working paper and/or accumulations of data, and criteria or standards by which findings or data are measured. Said records and documentation shall be retained by the Proposer for a minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is initiated before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise concerning this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such records and documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at CITY expense. Proposers shall be authorized to retain microfilm copies in lieu of original records if they so desire.

Any subcontractor(s) employed by a Proposer who is subject to these requirements and the Proposer itself are required to notify any such subcontractor(s).

Proposals Received

All Proposals received in response to this RFP become the property of the CITY.

Lobbying/Cone of Silence

Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member, the CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the issuance of this solicitation document.

If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black-out Period will be reinstated until such time as the CITY Commission meets to consider the item for action.

Bidders, Proposers, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department, Office personnel, and/or any member of the Evaluation Committee concerning an active Request For Proposal during the Lobbying/Cone of Silence Black-out Period.

Byrd Anti-Lobbying Amendment

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

RFP 09-25-01 CS Cross-Connection Control Program Management Services forward the certification(s) to the awarding agency.

Insurance and Hold Harmless Indemnification

To the fullest extent permitted by laws and regulations, Proposer shall indemnify and hold harmless CITY and its consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Proposer, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.

In any and all claims against CITY or any of their consultants, agents or employees by any employee of Proposer, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Proposer or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.

Proposer's Liability Insurance - The Proposer shall not commence any work under this Contract until he has obtained all insurance required under the Agreement. Proposer shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Proposer's performance and furnishing of the Work and Proposer's other obligations under the Contract Documents, whether it is to be performed or furnished by Proposer, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required shall include the specific coverage's and be written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Proposer's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days’ prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective work in accordance with the Contract Documents. Proposer's General Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be accomplished by either an endorsement of Proposer's Comprehensive General Liability policy or by Proposer's carrier issuing a separate protection liability policy.

Qualifications of Proposer

A Proposer may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within the time specified.

Disqualification of Proposer

Any or all Proposals will be rejected if there is any reason for believing that collusion exists among the Proposers, and participants in such collusion will not be considered in future Proposals for the same work.

Licenses and Permits

The Proposer shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as

RFP 09-25-01 CS Cross-Connection Control Program Management Services required by the United States, the State of Florida, or by the City of Winter Springs. The Proposer must fully comply with all Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of the work.

Provisions for Other Agencies

Unless otherwise stipulated by the PROPOSER, the PROPOSER agrees to make available to the Government agencies, departments, and municipalities the prices submitted in accordance with said terms and conditions therein, should any said governmental entity desire to buy under the Proposal.

Applicable Law and Venue

This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida for any state court action arising out of this Agreement, and exclusively in the United States District Court for the Middle District of Florida, Orlando Division, for any federal court action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts.

Proposal Disclosure; Public Records Responsibilities

Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section 119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law, information and materials received by the CITY in connection with an RFP response and under any awarded contract shall be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Proposer believes any of the information contained in its response is exempt from the Public Records Law, including trade secrets as defined by Florida law, the Proposer must, in its 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.

Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Proposer on behalf of the CITY, Proposer shall:

(a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion or termination of this Agreement, if Proposer does not transfer the records to the CITY in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole and absolute discretion, requests that all Public Records in possession of Proposer be transferred to the CITY, Proposer shall transfer, at no cost, to the CITY, all Public Records in possession of Proposer within thirty (30) days of such request or (ii) if no such request is made by the CITY, Proposer shall keep and maintain the Public Records required by the CITY to perform the work contemplated by this Agreement. If Proposer transfers all Public Records to the CITY pursuant to (d)(i) above, Proposer shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the CITY and provide the CITY with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Proposer keeps and maintains Public Records pursuant to (d)(ii) above, Proposer shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology of the CITY. If Proposer does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the CITY may

RFP 09-25-01 CS Cross-Connection Control Program Management Services pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of this section only apply to those tasks in which Proposer is acting on behalf of the CITY.

IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT:

Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org

Attorney Fees

In the event of legal action or other proceeding arising under this RFP, the prevailing party shall be entitled to recover from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution or defense of such action, or in any post-judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be entitled to recover any reasonable attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party.