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HomeMy WebLinkAbout2026 06 08 Consent 301 - Lift Station SCADA Improvements Contract with Hydra ServiceCONSENT AGENDA ITEM 301 CITY COMMISSION AGENDA | JUNE 8, 2026 REGULAR MEETING TITLE Lift Station SCADA Improvements Contract with Hydra Service SUMMARY S C A D A stands for S upervisory Control and D ata A cquision. I t is a computer-based control system architecture that uses so!ware, hardware, networked communicaons, and graphical user interfaces (G U I s) to allow operators to monitor, supervise, and control industrial processes and equipment in real me. A li! staon remote terminal unit (R T U ) is a rugged, microprocessor-controlled device installed at a wastewater li! staon. T he R T U serves as the “eyes, ears, and hands” at the remote site: it connects directly to field sensors and actuators to collect real-me data, perform local logic or control if needed, and transmit that informaon to a central system. I t can also receive commands from the central system and execute them locally. S C A D A is the overarching supervisory pla0orm that es the R T U s together into a unified, remotely manageable system. This combinaon is standard in modern wastewater ulies for reliable, cost- effective operation of lift stations. O n March 5, 2026, the C ity iniated a compeve bidding process by publishing a Request for Proposal (RFP # 03-26-01 CS) requesting Proposals from qualified companies for the purpose of providing supervisory control and data acquision (S C A D A ) upgrades for the C ity's li! staon (L S ) remote terminal units (R T U ) upgrades. Upgrades include modificaons to exisng pump control panels, the addion of new R T U s where there is insufficient space in exisng enclosures, a new cellular communicaon network and devices, and new S C A D A system so!ware, hardware, and graphics. The awarded C ontractor shall be responsible for compleng the detailed system design, providing a pre-configured and pre-packaged L S R T U soluon, and all other work as outlined in the scope of work. D ue to the highly restricted nature of the City's wastewater communicaon system and related cybersecurity protocols established by the D epartment of Homeland S ecurity, all R T U and S C A D A hardware and so!ware specificaons were kept confidenal. P roposers were required to sign non-disclosure agreements (N D A 's) prior to receiving this informaon and then confidenally submit their 'Proposed Solution' for Selection Committee review. The C ity's S elecon C ommi?ee met on April 23, 2026 to evaluate the respondents submi@ng P roposals. the scoring was based upon the following criteria: E xperience & Q ualificaons (20%), P roject Staffing (10%), P roposed S oluon (30%), and C ost (40%). A !er review of the P roposals, the Selecon C ommi?ee is recommending Hydra S ervice as the top-ranked vendor. if approved, the C ity will prepare the necessary contract documents for executing the Agreement. 193 FUNDING SOURCE This project is budgeted in the Water & Sewer Fund in Construction in Progress G/L#410-36-3600-560650. RECOMMENDATION P ursuant to R F P #03-26-01 C S , staff requests the C ity C ommission approve a contract with H ydra S ervice, I nc. to provide supervisory control and data acquision (S C A D A ) upgrades for the C ity of W inter S prings li! staon remote terminal units (R T U ) in the amount of $999,427.20, plus a 10% project conngency, totaling $1,099,369.92. A ddionally, staff recommends authorizing the C ity M anager and C ity A?orney to prepare and execute any and all applicable documents consistent with this Agenda Item. 194 RFP 03-26-01 CS Lift Station SCADA Improvements Proposal Evaluation CS CM DK CS CM DK Experience & Qualifications: Proposers previous experience as outlined in section 000451K- Instrumentation and Control System Contractors (ICSC) qualifications from Article 6 (see Appendix C) 20 18 20 19 16 15 16 Project Staffing: Proposers previous experience as outlined in section 000451K- Instrumentation and Control System Contractors (ICSC) qualifications from Article 7 (see Appendix C)10 10 8 9 10 7 7 Proposed Solution: Proposers provided a brief write up on the Proposers proposed RTU solution, how system downtime will be minimized, general work sequencing, how it will meet City requirements, and any special features. 30 27 25 25 18 20 20 Experience Total:60 55 53 53 44 42 43 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. 40 35 30 35 38 25 30 Total Possible Points:100 90 83 88 82 67 73 161 129Experience, Project Staffing, Proposed Solution Total: Cost:100 93 Total Score 261 222 Max Points Hydra Service Inc Star Controls 195 196 197 19 8 199 20 0 20 1 20 2 20 3 20 4 20 5 20 6 20 7 20 8 20 9 21 0 21 1 21 2 21 3 21 4 21 5 21 6 21 7 21 8 21 9 22 0 22 1 22 2 CONFIDENTIAL SECTION D Proposed Solution RFP # 03-26-01 CS Lift Station SCADA Improvements Submitted to the City of Winter Springs, Florida by Hydra Service (S), Inc. PLEASE REFER TO CONFIDENTIAL PACKET NOTICE OF CONFIDENTIALITY This section and its contents are CONFIDENTIAL AND EXEMPT from public records disclosure pursuant to Florida Statute § 119.0725. This document is to be kept separate from the balance of the Proposal and handled only by authorized City personnel. 223 22 4 22 5 22 6 22 7 22 8 22 9 23 0 23 1 23 2 23 3 23 4 23 5 23 6 23 7 23 8 23 9 24 0 24 1 24 2 24 3 24 4 24 5 24 6 24 7 24 8 24 9 25 0 25 1 25 2 25 3 City of Winter Springs RFP No. 03-26-01 SC 1 Response to RFP No. 03-26-01 SC Lift Station SCADA Improvements Submitted: April 17th, 2026 To: City of Winter Springs Procurement Department 126 East State Road 434 Winter Springs, Florida 32708 Proposing firm: Star Controls Inc. 11555 Heron Bay Blvd, Suite 200 Coral Springs, FL 33076 Phone: (954) 604-6656 Fax: (954) 603-0492 Primary Contact: Tzvi Magril, President Cell Phone: (954) 288-7954 Email: tmagril@star-controls.com Federal EIN: 51-0533827 254 City of Winter Springs RFP No. 03-26-01 SC 2 Section A Proposer Information and Acknowledgement Form 255 City of Winter Springs RFP No. 03-26-01 SC 3 256 City of Winter Springs RFP No. 03-26-01 SC 4 257 City of Winter Springs RFP No. 03-26-01 SC 5 Section B Table of Contents Table of Contents SECTION A PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM ...................................................................................... 2 SECTION B TABLE OF CONTENTS ..................................................................................................................................................... 5 EXECUTIVE SUMMARY ................................................................................................................................................................................. 6 SECTION C QUALIFICATIONS ........................................................................................................................................................... 7 CONTACT AND OWNERSHIP INFORMATION .................................................................................................................................................... 10 FACILITIES ............................................................................................................................................................................................... 13 EXPERIENCE AND RESOURCES ..................................................................................................................................................................... 13 Project Experience Current 1- Old Plantation ............................................................................................................................... 14 Project Experience Current 2- Fargo Pacific- Andersen Air Force Base- Guam ............................................................................. 16 Project Experience Current 3- SJRWMD- Apopka ......................................................................................................................... 18 Project Experience Current 4- City of Wildwood ........................................................................................................................... 20 Project Experience 1- City of Tampa, Florida .................................................................................................................................. 23 Project Experience 2- City of Boynton Beach, Florida ..................................................................................................................... 26 Project Experience 3- City of Weston, Florida ................................................................................................................................ 29 Project Experience 4- City of North Lauderdale, Florida ................................................................................................................ 32 Project Experience 5- City of Orlando, Florida ............................................................................................................................... 35 Project Experience 6- Pinellas County, Florida ............................................................................................................................... 38 PROJECT STAFFING ................................................................................................................................................................................... 41 SECTION D PROPOSED SOLUTION- CONFIDENTIAL ........................................................................................................................ 47 SECTION E - OTHER INFORMATION .................................................................................................................................................. 77 SECTION F COST AND TIME ........................................................................................................................................................... 82 PRICE PROPOSAL AND SCHEDULE ................................................................................................................................................................ 82 SECTION G MANDATORY PROPOSAL FORMS ................................................................................................................................ 85 ........................................................................................................................................................................................................ 86 PROPOSAL FORM 2: REFERENCES INFORMATION FORMS ................................................................................................................................. 87 PROPOSAL FORM 3: INSURANCE REQUIREMENTS FORM .................................................................................................................................. 88 PROPOSAL FORM 4: SCRUTINIZED COMPANY CERTIFICATION ............................................................................................................................ 93 PROPOSAL FORM 5: NON-COLLUSION AFFIDAVIT ........................................................................................................................................... 95 PROPOSAL FORM 6: DRUG FREE WORKPLACE FORM ...................................................................................................................................... 96 ............................................................................................................................................................................................................ 96 PROPOSAL FORM 7: PUBLIC ENTITY CRIMES STATEMENT ................................................................................................................................. 97 PROPOSAL FORM 8: DEBARMENT, SUSPENSION ETC. CERTIFICATION .................................................................................................................. 99 PROPOSAL FORM 9: E-VERIFY STATEMENT ................................................................................................................................................. 102 PROPOSAL FORM 10: CONFLICT OF INTEREST STATEMENT ............................................................................................................................. 103 PROPOSAL FORM 11: AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTE 787.06 ........................................................................................... 104 PROPOSAL FORM 12: BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C.§1352 (AS AMENDED) ............................................................................ 105 SECTION H FLORIDA STATE CORPORATE FILING .......................................................................................................................... 106 258 City of Winter Springs RFP No. 03-26-01 SC 6 Executive Summary April 15th, 2026 City of Winter Springs Procurement Department 126 East State Road 434 , Winter Springs, Florida 32708 c/o: Holly Queen, Finance Director Dear Ms. Queen, Star Controls Inc. is pleased to submit this proposal to provide a Turnkey SCADA and RTU modernization solution for the -one (51) lift stations. We recognize that this project is essential to improving system reliability, operational visibility, and long- Star Controls brings over twenty (20) years of direct experience delivering SCADA and lift station control system solutions for municipalities of similar size and complexity, including the Cities of Weston and North Lauderdale. Our team has successfully completed projects involving system standardization, RTU replacement, communications upgrades, and full SCADA integration, consistently delivering high-quality results on schedule and with minimal operational disruption. Our proposed solution is based on a proven VTScada platform combined with standardized, factory-tested RTU systems and secure cellular communications. This architecture provides reliable real-time monitoring, alarm management, and remote access, while ensuring scalability and ease of maintenance. By utilizing pre-engineered and pre-configured RTUs, we significantly reduce field installation time, improve consistency across all sites, and minimize risks associated with on- site programming and commissioning. A key advantage of our approach is risk mitigation. Through phased implementation, detailed planning, and repeatable deployment methods, Star Controls ensures continuity of operations throughout the project. Our systems are designed with open architecture principles, providing the city with full ownership of software and configurations, eliminating vendor lock-in, and supporting long-term flexibility. Cybersecurity and system resiliency are integral components of our solution. We implement secure communication protocols, role-based access control, and system hardening practices aligned with industry standards to protect critical infrastructure and ensure dependable operation. In addition to project delivery, Star Controls provides strong long-term value through responsive support, operator training, and ongoing system enhancements. Our commitment is not only to successfully complete the project, but to ensure the system continues to perform reliably and efficiently for years to come. Star Controls offers the City of Winter Springs a proven, low-risk solution backed by extensive experience, technical expertise, and a commitment to quality and service. deliver a system that enhances performance, reliability, and future growth. Sincerely, Tzvi Magril, President Star Controls Inc Cell: (954) 288-7954 Email: tmagril@star-controls.com 259 City of Winter Springs RFP No. 03-26-01 SC 7 Section C Qualifications Star Controls possesses the qualifications, experience, and technical credentials necessary to successfully perform the required scope of work for industrial automation and control systems for the City of Winter Springs. The firm was founded by global experts in SCADA, Industrial IoT (IIoT), and communications, bringing a combined experience of more than one hundred (100) years. The team includes recognized Subject Matter Experts (SMEs) with a comprehensive understanding of complex municipal operational environments. We have successfully implemented projects nationwide and internationally across critical infrastructure sectors, including water, wastewater, stormwater, and flood control systems. Many of these projects support Smart City and Smart Grid initiatives and are of sim station and utility systems. The firm provides a full range of services, including advisory and consulting, system design, implementation, system integration, knowledge transfer, ongoing support, and managed services. Star Controls utilizes proven project management methodologies and frequently partners with leading engineering firms as part of integrated project delivery teams. Representative Experience and Clients Star Controls has provided services to numerous municipal and utility clients, including but not limited to: Pinellas County, FL Water Utility Martin County, FL Water Utility City of Orlando, FL Water Utility City of Tampa, FL Water Utility City of Weston, FL Stormwater / Flood Control St. Johns County, FL Water Utility Honolulu Board of Water Supply, HI Water Utility Orange County, FL Water Utility South Florida Water Management District (SFWMD), FL Flood/Stormwater Palm Beach County School District, FL Public Safety (300 sites) NYPD / NYCT, NY Network Fault Management Detroit Edison, MI Electric Utility International water and electric utilities in Jamaica, the Bahamas, Grenada, and South Carolina All clients are available as references. 260 City of Winter Springs RFP No. 03-26-01 SC 8 Technical Capabilities and Design Approach Star Controls is a trusted provider of SCADA, IIoT, and communications solutions for water, wastewater, and stormwater applications. The firm has extensive experience delivering SCADA systems and providing electrical instrumentation, and control system services for Florida utilities. Star Controls offers comprehensive services across the full project lifecycle, including discovery, design, longevity, ease of use, and predictable performance. Core Services Include: Needs analysis and advisory/consultation SCADA system design and implementation Cloud-based SCADA solutions System upgrades and modifications Training and knowledge transfer Data analytics and reporting Ongoing support (annual and on demand) Project Approach Overview Discovery and Design Complete system assessment and analysis Development of detailed system design Preparation of submittals and approvals SCADA Software Extensive experience in SCADA design, programming, and maintenance Recognized as a leading VTScada integrator in Florida and nationwide Collaboration with Trihedral (VTScada developer) on advanced implementations and beta testing Delivery of cloud-based SCADA solutions using VTScada PLCs, RTUs, and IIoT Devices Certified and experienced with a wide range of platforms Selection of best-fit technologies tailored to project requirements Communications and Networks Expertise in wireless SCADA communications, including radio and cellular systems Proven experience in designing secure, high-reliability networks Pioneers in secure cellular SCADA communications Experience with advanced technologies such as LoRa and next-generation networks 261 City of Winter Springs RFP No. 03-26-01 SC 9 SCADA Cybersecurity End-to-end cybersecurity solutions for SCADA systems Vulnerability assessments and continuous system hardening Instrumentation Experience with both legacy and modern instrumentation technologies Integration of smart instrumentation solutions Training and Knowledge Transfer Comprehensive operator and maintenance training programs Focus on enabling client self-sufficiency and long-term system success Comprehensive Support Preventative maintenance and system optimization Remote diagnostics and troubleshooting 24/7 emergency support capabilities Lifecycle management to ensure long-term system performance Certifications and Vendor Qualifications Star Controls is certified across a wide range of industry-leading platforms, including: Motorola Solutions Trihedral (VTScada) Rockwell Automation Wonderware / AVEVA Schneider Electric Emerson GE The firm maintains direct relationships with vendor engineering teams and is qualified to test and validate new technologies prior to release. Due to its expertise, Star Controls is frequently engaged to troubleshoot and remediate systems where other integrators have been unsuccessful. 262 City of Winter Springs RFP No. 03-26-01 SC 10 Contact and Ownership Information Star Controls Inc. is a corporation with its corporate office and local business office/service center located at the same address: 11555 Heron Bay Blvd., Suite 200, Coral Springs, Florida 33076. The company is led by Tzvi Magril, President, and may be contacted at (954) 604-6656 or via email at tmagril@star-controls.com and sales@star-controls.com. 263 City of Winter Springs RFP No. 03-26-01 SC 11 264 City of Winter Springs RFP No. 03-26-01 SC 12 265 City of Winter Springs RFP No. 03-26-01 SC 13 Facilities Star Controls Inc. maintains a permanent service facility and a fully equipped facility capable of calibration, testing, start-up, and remote diagnostics for SCADA/HMI/PLC-based control systems and associated equipment. While Star Controls Inc. does not operate its own UL-listed panel fabrication and testing facility, it partners with qualified UL-listed providers (Keltour, AID, and CC Control) to meet these requirements. REQUIREMENT YES OR NO Does the business have a permanent service facility? YES Does the business have their own operating UL listed panel fabrication and testing facility? NO. Star Controls is partnering with leading UL listed panel fabrication and testing facility; Keltour, AID and CC Controls. Does the business have a facility equipped with the tools and test equipment necessary to calibrate, test, and process start-up of the instrumentation, SCADA/HMI/PLC-based control systems, and wireless communications systems hardware and software furnished under this Contract, including remote diagnostic capability? YES Experience and Resources Star Controls, Inc. is a Florida-based corporation with over twenty (20) years of experience providing SCADA, telemetry, industrial automation, communications, and cybersecurity services to municipal clients, including water, wastewater, and stormwater utilities. Incorporated in Florida in 2005, the company remains in good standing with the Florida Department of State and has continuously operated under the same FEIN. We are structured to support the full lifecycle of SCADA and automation projects, with dedicated leadership, project management, engineering, and field service teams to ensure efficient delivery and responsive support. 266 267 268 269 270 271 272 273 274 City of Winter Springs RFP No. 03-26-01 SC 22 275 276 277 City of Winter Springs RFP No. 03-26-01 SC 25 Customer: City of Tampa System Description The city of Tampa (FL) has a SCADA system that monitors and controls hundreds of Water and Wastewater Treatment Plants and Lift Stations. The system uses different generations of RTUs. The original wireless network is based on resiliency, and usability. Services and products that Star Controls provided Since its inception Star Controls has provided the City of Tampa with different products and services. Upgrade the SCADA system. Improved software application for existing sites. Ongoing sites rehabilitation and expansions. Ongoing support Star Controls also acts as a trusted advisor, on improvements, introduction of new technologies, as well as design and implementation of these initiatives. Testimonial performance, resiliency, availability, and maintainability of the SCADA system. Star Controls constantly helps us to improve the performance and resiliency o Javier Moreno - Instrumentation and Control Specialist, Wastewater Department , 278 279 280 City of Winter Springs RFP No. 03-26-01 SC 28 Customer: City of Boynton Beach, FL System Description The city of Boynton Beach, FL has almost 200 Lift stations, using reporting to . In addition, the Scada system controls and monitors 29 Fresh water wells. The system was put in in 2010 and was operating unreliably to the point of possible very costly replacement. Star controls offered a software-only upgrade which would notably improve the reliability and feature base of the system, as well as ease of use and maintenance efforts all for a fraction of the cost of replacement. The software change was applied to the wells and 25% of the Lift stations with superb results. The customers (SCADA manager, operators, technician, and management) are very pleased with the technical results and system responsiveness, as well as with the prompt delivery of expectations and quality of the system deliverables by Star Controls. Services included: including history logs, 80% less communication (better efficiency) and dual-path (Cell / Radio) from master sites. Star Controls also acts as a trusted advisor on improvements, introduction of modern technologies, as well as design and implementation of these initiatives. Testimonial Contact: Terrence Rowe System Administrator Innovation & Technology Solutions Phone: 561-742-6431; Email: rowet@bbfl.usProject Experience 3- City of Weston, Florida Water Utility 281 282 283 City of Winter Springs RFP No. 03-26-01 SC 31 Customer: City of Weston, FL System Description The City of Weston has upgraded its Storm Water management system, by adding SCADA to monitor and control its Storm Water Pumping sites. The SCADA system consists of five pump stations and 8 solar powered lake level monitoring sites. The system uses most modern SCADA components including integration of RTUs with smart devices, Cyber Security, and user-friendly HMI. As part of the city strategy, the SCADA system is , which takes the Burdon of maintaining it. The expanded the Cloud SCADA system to cover all its Lift Stations. Services and products that Star Controls provided After Star Controls was awarded the project it went through all steps from detailed design to installation, development, integration, training, and support. Star Controls is responsible for maintaining the SCADA system for the next years to come. The advanced and comprehensive Cloud Based SCADA system includes many components and features: Remote sites with high availability, independent local control, including logic that is based on information from other sites. Cover every aspect of the remote sites, including pumps, alarm system and monitor every part of the pump station Integration to smart devices such as Diesel Pumps Controllers, and smart sensors. Simple and easy to use local and remote HMI Cyber Secured Complete and cover every part Comprehensive reports Testimonial system for the mission critical storm water sites. From Detailed Design, to development, installation, and integration the team at Star Controls attended to our needs and requests. Star Controls was open to changes throughout the project. Star Controls has gained our trust and confidence that it will serve the city and the Peter Johnson Assistant Director of Public Works, City of Weston 284 285 286 City of Winter Springs RFP No. 03-26-01 SC 34 Customer: City of North Lauderdale, FL System Description The City of North Lauderdale implemented a comprehensive SCADA system to monitor and control its wastewater lift station infrastructure. The project included thirty (30) lift stations and two (2) canal level monitoring sites and focused on improving operational reliability, visibility, and cybersecurity. The system incorporates modern SCADA technology, advanced pump control logic, redundant communications, and a user--term strategy, the SCADA system was designed for high availability and scalability, supporting ongoing operations and future expansion. The City has published a bid for a new Stormwater site (C-14) and designated Star Controls as the sole approved SCADA integrator. Services and Products Provided by Star Controls After Star Controls was awarded the project, the firm provided full lifecycle services including detailed design, installation, development, system integration, training, and ongoing support. Star Controls is responsible for maintaining the SCADA system for the years to come. The advanced and comprehensive SCADA system includes the following components and features: Remote lift station sites with high availability and independent local control, including advanced pump control logic Monitoring and control of all lift station equipment, alarms, and operational conditions Best-of-breed products, including , and secured, redundant cellular and licensed radio communications Simple and intuitive local and remote HMI Comprehensive cybersecurity protection across all system components Reporting, training, and annual support services Testimonial The City of North Lauderdale selected Star Controls to deliver a comprehensive SCADA solution for our lift station system. Throughout the project, Star Controls effectively managed the work from design and implementation through commissioning and operator training. Their team delivered a secure and dependable system that improved monitoring, control, and day-to-day operations across our lift stations. Star Controls has proven to be a reliable partner and continues to provide ongoing system support and main Neil Buckeridge- Utilities Superintendent- City of North Lauderdale 287 288 289 City of Winter Springs RFP No. 03-26-01 SC 37 Customer: City of Orlando System Description The City of Orlando has a SCADA system that monitors and controls its 220+ Lift Stations, which are part of the The system uses different generations of the , and wireless networks. The original wireless network is based on . The city introduced cellular networks to gain from higher speed and good coverage, while keeping the as backup. resiliency, and usability. Services and products that Star Controls provided Since its inception Star Controls has provided the City of Orlando with different products and services. Star Controls was qualified by the city as the main provider of services and services for its SCADA. Here are the products and Services that Star Controls provided: Software for the RTUs. o also provides powerful troubleshooting and diagnostics tools. fast-paced migration of old RTUs to New Cyber Secured RTUs Assist with the Migration to Cellular Annual Support Ongoing projects Star controls delivered multiple projects involving upgrading of existing SCADA and field hardware, as well as advanced programming, and RTU software upgrade, using different types communications. Star Controls also acts as a trusted advisor, on improvements, introduction of new technologies, as well as design and implementation of these initiatives. Testimonial provided the City of Orlando with different software products as well as services, which help our team to accomplish High-Availability of our SCADA system, and constantly improve its performance and resiliency. Our Guy Mecabe - Industrial Automation Manager, IA Group, Water Reclamation Division 290 291 292 City of Winter Springs RFP No. 03-26-01 SC 40 Customer: Pinellas County (FL) System Description Pinellas County (FL) has a SCADA system that monitors and controls more than 320 Lift Stations, which are The system is using different generations of the . The original wireless network is based on . They migrated their network cellular, to gain higher speed and good coverage. resiliency, and usability. Services and products that Star Controls provided Since its inception Star Controls has provided Pinellas County with various products and services. Star Controls was qualified by the County as the main provider of services for its SCADA. Here are the products and Services that Star Controls provided: Led the Migration to Cellular Software for the RTUs. o also provides powerful troubleshooting and diagnostics tools. o Migration of old RTUs to New Cyber Secured RTUs Ongoing projects Star controls delivered multiple projects involving upgrading of existing SCADA and field hardware, as well as advanced programming, and RTU software upgrade. Star Controls also acts as a trusted advisor, on improvements, introduction of new technologies, as well as design and implementation of these initiatives. Testimonial Pinellas County with different software products as well as services, which have helped to increase the Availability and Maintainability of our SCADA system. Star Controls constantly help us to improve the Edward Atchison - SCADA and Security Systems Manager, Pinellas County Utilities 293 294 City of Winter Springs RFP No. 03-26-01 SC 42 Resumes and Professional Bios of Key Personnel Diego Pinto (Main Contact Person) As a SCADA Programmer, Mr. Pinto has developed his career in Real-Time Embedded computation. Mr. Pinto is a subject matter expert in SCADA systems including for Mission Critical applications. Mr. Pinto has already gained a reputation as a productive and creative professional, with attention to customer satisfaction. Role Programmer, Project Manager, Support, Training, Networks, Cyber Security Experience 10 years Education BSc. in Computer Science and Computer Engineering Programming Languages Several including Python, C/C##, Java, and others Certifications from vendors and institutes (partial list) - SCADA Software (VTScada, Wonderware); RTUs/PLCs (Motorola, Rockwell Automation, Schneider Electric, Emerson); Networking (Cisco); CISA (Cybersecurity and Infrastructure Security Agency); Wireless (GE, Motorola, CalAmp, 4RF, LoRa) Tzvi Magril Tzvi brings to Star more than 35 years of experience in Design, Development, Sales, Business and Channel Development in the Communications and SCADA/Telemetry markets. Tzvi was a lead designer of Motorola SCADA products and has immense knowledge of the product line, as well as SCADA Systems design. Mr. Magril has implemented and maintained major SCADA systems for large clients throughout the world. Roles Solution Architect, Project Management Experience - 35 years Education - BSc. in Electrical and Computer Engineering Certifications from vendors and institutes (partial list) - Motorola System Integration Institute (SII); MTA Safety; SCADA Software (Wonderware, VTScada); RTUs/PLCs (Motorola, Ayyeka); IT (ITIL - Information Technology Infrastructure Library); Wireless (GE, Motorola, CalAmp, 4RF, LoRa) Awards - Mr. Magril has several patents in the SCADA industry Ron Zetouni Mr. Zetouni brings more than 30 years of experience in SCADA business for Water/Wastewater and other design, programming, and integration with SCADA software (G.E. iFIX, Wonderware InTouch, Trihedral VTScada and others). During 8 years as the SCADA leader at the SFWMD and 14 years of tenure at Motorola, Ron has programmed and integrated dozens of SCADA systems in different applications (Water Utilities, Oil & Gas, Electric Utilities and others) for customers worldwide. Mr. Zetouni is a Global Subject Matter Expert (SME) in the water markets and wireless networks for SCADA. Experts from all over the world seek his support and advisory, leveraging his impressive skills and vast knowledge. Role Lead Engineer, Solution Architect, programmer, Integration, Field Engineering, Training, Support, Networks, Cyber Security Experience 35 years Education BSc. and MSc. Computer Science Programming Languages Several including Ladder Logic, C/C##, Java, and others Certifications from vendors and institutes (partial list) - SCADA Software (VTScada, Wonderware, iFix); RTUs/PLCs (Motorola, Rockwell Automation, Schneider Electric, Emerson; Siemens); Networking (Cisco); Wireless (GE, Motorola, CalAmp, 4RF, LoRa) 295 City of Winter Springs RFP No. 03-26-01 SC 43 Charles Mondale As a global Subject Matter Expert in Telemetry and Environmental Monitoring, Mr. Mondale brings more than 30 years of experience in the Telemetry and Instrumentation for Water/Storm/Wastewater and Environmental Monitoring, which. Mr. Mondale experience and skills covers all aspects of a solution, from the sensors, the Dataloggers, Communications (with focus on Wireless networks), Power and Integrity of the system. Mr. Mondale has served as a team leader at the SJRWMD, leading the design, installation and maintenance of the Hydrology monitoring system the SJRWMD is using to manage water resources. Role Field Engineer, Project Manager, Instrumentation, Integration, Support, Programmer Experience 31 years Education - BSc. in Electrical and Computer Engineering Programming Languages Campbell Scientific programming Certifications from vendors and institutes (partial list) - SCADA Software (VTScada); RTUs/PLCs (Motorola, Campbell Scientific); Instrumentation; Wireless (GE, Motorola, CalAmp, 4RF) James Mondale As a Field Technician, Mr. Mondale is a solutions-oriented IT & SCADA Systems Professional with proven success in designing, implementing, and integrating cost-effective, high-performance technical solutions to meet challenging business needs. Role Field Technician, Programmer, Project Manager, Support, Training, Support, Networks, Cyber Security Experience 7 years Education Attend school for degree in Computer Science Programming Languages Several including C/C##, Ladder Logic, Java, and others Certifications from vendors and institutes (partial list) - SCADA Software (VTScada; Wonderware); RTUs/PLCs (Motorola, Rockwell Automation; Campbell Scientific); Instrumentation; Wireless (GE, Motorola, CalAmp, 4RF, LoRa) Matheus Melo As a young Computer Science professional Mr. Melo focused on the development of Star Controls software products for the IIoT & SCADA Systems. Role Programmer, Training, Support, Networks, Cyber Security Experience 4 years Education BSc in EE with minor in Computer Science; MSc in Computer Engineering Programming Languages Several including Python, C/C##, Java, and others. Certifications from vendors and institutes (partial list) - SCADA Software (VTScada, Wonderware); RTUs/PLCs (Motorola, Rockwell Automation, Schneider Electric, Emerson); Networking (Cisco); CISA (Cybersecurity and Infrastructure Security Agency); Wireless (GE, Motorola, CalAmp, 4RF, LoRa) 296 City of Winter Springs RFP No. 03-26-01 SC 44 Jarret Shuler Chemical Engineering at the University of Florida and Finance at the University of North Florida. Jarret has expanded his background by serving different industries. Role I&C Design and CAD Experience 19 years Education BSc in Chemical Engineering; Finance Skills I&C Design of Control Systems, including panels. Certifications from vendors and institutes (partial list) - CAD, Medium Voltage Switch Gear, Medium Voltage Switch Gear Drawing Schematics, Fundamentals of Structural Analysis, Design of Steel Structures, Structural Loading: Forces and Types, Lean Six Sigma Master Black Belt Antonio Liriano Well-rounded professional, with vast experience in different aspects of water and wastewater industries. Role Certified Electrician Experience 16 years Education Certified Electrician Skills I&C Design, Installation and troubleshooting processes and control systems, including high voltage. Certifications from vendors and institutes (partial list) Certified Electrician Star Controls, Inc. holds multiple industry and vendor certifications, demonstrating expertise in SCADA and RTU systems from leading providers, including Schneider Electric, Rockwell Automation, GE Digital, Motorola Solutions, and VTScada. Key certifications include VTScada Certified Advanced Integrator and completion of the (301V) Training. 297 City of Winter Springs RFP No. 03-26-01 SC 45 298 City of Winter Springs RFP No. 03-26-01 SC 46 299 City of Winter Springs RFP No. 03-26-01 SC 77 Section E - Other Information 300 City of Winter Springs RFP No. 03-26-01 SC 78 301 City of Winter Springs RFP No. 03-26-01 SC 79 302 City of Winter Springs RFP No. 03-26-01 SC 80 303 City of Winter Springs RFP No. 03-26-01 SC 81 304 305 306 307 City of Winter Springs RFP No. 03-26-01 SC 85 Section G Mandatory Proposal Forms 308 City of Winter Springs RFP No. 03-26-01 SC 86 309 City of Winter Springs RFP No. 03-26-01 SC 87 Proposal Form 2: References Information Forms 310 City of Winter Springs RFP No. 03-26-01 SC 88 Proposal Form 3: Insurance Requirements Form 311 City of Winter Springs RFP No. 03-26-01 SC 89 312 City of Winter Springs RFP No. 03-26-01 SC 90 313 City of Winter Springs RFP No. 03-26-01 SC 91 314 City of Winter Springs RFP No. 03-26-01 SC 92 315 City of Winter Springs RFP No. 03-26-01 SC 93 Proposal Form 4: Scrutinized Company Certification 316 City of Winter Springs RFP No. 03-26-01 SC 94 317 City of Winter Springs RFP No. 03-26-01 SC 95 Proposal Form 5: Non-Collusion Affidavit 318 City of Winter Springs RFP No. 03-26-01 SC 96 Proposal Form 6: Drug Free Workplace Form 319 City of Winter Springs RFP No. 03-26-01 SC 97 Proposal Form 7: Public Entity Crimes Statement 320 City of Winter Springs RFP No. 03-26-01 SC 98 321 City of Winter Springs RFP No. 03-26-01 SC 99 Proposal Form 8: Debarment, Suspension etc. Certification 322 City of Winter Springs RFP No. 03-26-01 SC 100 323 City of Winter Springs RFP No. 03-26-01 SC 101 324 City of Winter Springs RFP No. 03-26-01 SC 102 Proposal Form 9: E-Verify Statement 325 City of Winter Springs RFP No. 03-26-01 SC 103 Proposal Form 10: Conflict of Interest Statement 326 City of Winter Springs RFP No. 03-26-01 SC 104 Proposal Form 11: Affidavit of Compliance with Florida Statute 787.06 327 City of Winter Springs RFP No. 03-26-01 SC 105 Proposal Form 12: Byrd Anti-Lobbying Amendment, 31 U.S.C.§1352 (as amended) 328 City of Winter Springs RFP No. 03-26-01 SC 106 Section H Florida State Corporate Filing Star Controls, Inc. is an active corporation in good standing with the Florida Department of State, Division of Corporations (Sunbiz). The individual signing this Proposal is duly authorized to bind the company. 329 City of Winter Springs RFP No. 03-26-01 SC 107 330 RFP: 03-26-01 CS Lift Station SCADA Improvements 1 City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708 REQUEST FOR PROPOSAL PROPOSAL: RFP # 03-26-01 CS DATE: March, 6 2026 Sealed Proposals for the provision of service to provide Life Station SCADA Improvements 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: April 10, 2026 2:00 p.m., local time FOR Lift Station SCADA Improvements 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 April 10, 2026 at 2:00 p.m., will be rejected. Mandatory Pre – Bid Conference and Site Visit: March 12, 2026 at 10:00 AM Deadline for questions is March 20, 2026 1:00pm local time Any Addenda, if required, will be issued by 5:00pm on March 25, 2026 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 331 RFP: 03-26-01 CS Lift Station SCADA Improvements 2 Request For Proposal Table of Contents PART I: SCOPE OF SERVICE/EVALUATION CRITERIA .......................................................................................................... 4 Background ............................................................................................................................................................................... 4 Scope and Term of Service ........................................................................................................................................................ 4 General Requirements ............................................................................................................................................................................. 4 EVALUATION CRITERIA............................................................................................................................................................................. 4 TIMELINE OF EVENTS ............................................................................................................................................................................... 5 PART II: SPECIFIC BID REQUIREMENTS ............................................................................................................................. 6 FORMAT .................................................................................................................................................................................... 6 Section A – Proposer Information and Acknowledgement Form ............................................................................................. 6 Section B – Table of Contents ................................................................................................................................................... 6 Section C – Qualifications ......................................................................................................................................................... 6 Section D – Proposed Solution .................................................................................................................................................. 7 Section E - Other Information ................................................................................................................................................... 7 Section F – Cost and Time ......................................................................................................................................................... 8 Section G – Mandatory Proposal Forms ................................................................................................................................... 8 Section H – Florida State Corporate Filing ................................................................................................................................ 8 PART III: INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS ............................................................................... 9 Definitions ................................................................................................................................................................................. 9 Preparation of Request for Proposal ........................................................................................................................................ 9 Submission and Receipt of Proposals ..................................................................................................................................... 10 Selection of Proposal .............................................................................................................................................................. 10 Acceptance of Offer ................................................................................................................................................................ 10 Discrepancies, Errors, and Omissions ..................................................................................................................................... 11 Right to Reject Proposals ........................................................................................................................................................ 11 Compensation ......................................................................................................................................................................... 11 Fiscal Non-Funding Clause ...................................................................................................................................................... 11 Conflict of Interest .................................................................................................................................................................. 12 Public Entity Crimes ................................................................................................................................................................ 12 Options .................................................................................................................................................................................... 12 Subcontracting ........................................................................................................................................................................ 12 Failure to Submit Proposal ...................................................................................................................................................... 12 Default of Contract ................................................................................................................................................................. 12 Modification for Changes ........................................................................................................................................................ 13 Order of Precedence ............................................................................................................................................................... 13 Examination of Records .......................................................................................................................................................... 13 Proposals Received ................................................................................................................................................................. 13 Lobbying/Cone of Silence ....................................................................................................................................................... 13 Qualifications of Proposer ...................................................................................................................................................... 14 332 RFP: 03-26-01 CS Lift Station SCADA Improvements 3 Disqualification of Proposer .................................................................................................................................................... 14 Licenses and Permits ............................................................................................................................................................... 14 Provisions for Other Agencies ................................................................................................................................................. 15 Applicable Law and Venue ...................................................................................................................................................... 15 Proposal Disclosure; Public Records Responsibilities ............................................................................................................. 15 E-Verify .................................................................................................................................................................................... 16 Prohibition on Gifts to City Employees and Officials .............................................................................................................. 17 Discrimination ......................................................................................................................................................................... 17 Additional Information ............................................................................................................................................................ 17 MANDATORY BID FORMS ............................................................................................................................................. 18 PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM ........................................................................................ 19 REFERENCE INFORMATION FORM ................................................................................................................................. 20 INSURANCE REQUIREMENTS FORM .............................................................................................................................. 21 SCRUTINIZED COMPANY CERTIFICATION ....................................................................................................................... 22 NON-COLLUSION AFFIDAVIT of PRIME PROPOSER ......................................................................................................... 24 DRUG FREE WORKPLACE FORM .................................................................................................................................... 25 PUBLIC ENTITY CRIMES STATEMENT .............................................................................................................................. 26 DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS ................................................................................... 28 E-VERIFY STATEMENT ................................................................................................................................................... 31 CONFLICT OF INTEREST STATEMENT ............................................................................................................................. 32 AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTES § 787.06 .................................................................................... 33 BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. §1352 (as amended) ............................................................................. 34 Appendix A: Abbreviations ........................................................................................................................................... 35 Appendix B: Cost Bid Worksheet ................................................................................................................................... 36 Appendix C: 00451K-Instrumentation and Control System Contractor Qualifications Form ............................................. 37 Appendix D: PROPOSAL BOND FORM ............................................................................................................................ 38 APPENDIX E: PERFORMANCE BOND FORM .................................................................................................................... 39 APPENDIX F: LABOR AND MATERIALS PAYMENT BOND ................................................................................................. 43 APPENDIX G: Lift Station RTU Summary ........................................................................................................................ 45 This will be provided at Pre Bid Meeting ....................................................................................................................... 45 333 RFP: 03-26-01 CS Lift Station SCADA Improvements 4 PART I: SCOPE OF SERVICE/EVALUATION CRITERIA FOR RFP # 03-26-01 CS Lift Station SCADA Improvements 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 purpose of this RFP is to provide supervisory control and data acquisition (SCADA) upgrades for the City of Winter Springs (City) lift station (LS) remote terminal units (RTU) upgrades. Upgrades include modifications to existing pump control panels, the addition of new RTUs where there is insufficient space in existing enclosures, a new cellular communication network and devices, and new SCADA system software, hardware, and graphics. The Contractor shall be responsible for completing the detailed system design, providing a pre-configured and pre-packaged LS RTU solution, and all other work at these facilities as outlined in this scope of work and its appendices. The Contractor shall also submit all required qualifications information as outlined in the scope of work and its appendices. Scope and Term of Service The City of Winter Springs is requesting Proposals from qualified companies (Proposer or Proposers) for the City to have a turnkey replacement of the LS monitoring and controls at each of the fifty-one (51) City lift stations. The selected Contractor will provide all hardware, software, installation, and start-up services for a completely functional system. Ownership of the hardware and software after commissioning will be handed over to the City at the end of the project. General Requirements 1. In order to receive the detailed scope for this bid, potential contractors will be required to sign a non disclosure agreement and bring to the required pre bid meeting. This item has been provided separately on Demand Star and the City website. This agreement must be fully executed before details specs for this project will be distributed. 2. Any proprietary software scripts or logic must be provided to the City or stored in a certified software escrow account and available to the City in the event the system supplier/manufacturer becomes insolvent, refuses support of the product, or is no longer incorporated. All software escrow contacts shall be provided to the City and an agreement put in place between the City and escrow provider. The source code must be documented and open/unlocked to be supported by others. 3. The complete system up to the human machine interface (HMI) shall be self-configuring after the RTU has been configured in the field. Field RTU components shall be able to be replaced without programming. 4. Installation must be performed by a licensed electrical contractor. 5. System startup shall be performed by an employee of the system supplier. 6. Owner reserves the right to reject proposals at their discretion. Equipment and software specifications and details are confidential and exempt from public records disclosure under § 119.0725 , Florida Statues which exempts network schematics, hardware and software configurations, and encryption information. EVALUATION CRITERIA Proposals will be evaluated by the CITY, and the Proposer will be selected based upon, but not limited to, the following criteria: 334 RFP: 03-26-01 CS Lift Station SCADA Improvements 5 Criteria: Max Points: Experience & Qualifications: Proposers previous experience as outlined in section 000451K- Instrumentation and Control System Contractors (ICSC) qualifications from Article 6 (see Appendix C): 1. Provide a minimum of three and maximum of six reference projects for which similar services are currently being provided or have been provided. Use a format similar to Attachment A of section 000451K- Instrumentation and Control Systems Contractor (ICSC) Qualifications Form. Projects should be of similar size and type as this project scope. 2. Provide three client reference forms. Notes: Reference projects and client references may use a maximum of 1 page. References CANNOT INCLUDE CURRENT CITY EMPLOYEES. Failure to meet this requirement may result in DISQUALIFICATION AND YOUR SUBMISSION DEEMED NON-RESPONSIVE. 20 Project Staffing: Proposers previous experience as outlined in section 000451K -Instrumentation and Control System Contractors (ICSC) qualifications from Article 7 (see Appendix C): 1. Key project individuals including resumes (maximum of 1 page each) and organizational chart for the project 2. Relevant certification and licenses 10 Proposed Solution: Proposers provided a brief write up on the Proposers proposed RTU solution, how system downtime will be minimized, general work sequencing, how it will meet City requirements, and any special features. *This will be considered confidential* 30 Experience Total: 60 Cost and Schedule: 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. 40 Cost and Schedule Total: 40 Total Possible Points 100 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 March 6, 2026 In Person Pre Bid Conference 10: March 12, 2026 Deadline to receive questions (electronically) - 1:00pm local time March 20, 2026 Addendum Released by 5:00pm local time March 25, 2026 RFP Submittals Due by 2:00 pm local time April 10, 2026 RFP Opening – Immediately after Proposal Registration in City Commission Chambers April 10, 2026 Evaluation Committee Vendor Recommendation TBD CITY Commission Approval of Selection and Consideration of Contract TBD 335 RFP: 03-26-01 CS Lift Station SCADA Improvements 6 PART II: SPECIFIC BID REQUIREMENTS For RFP 03-26-01 CS Lift Station SCADA Improvements 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 – Qualifications Contractor shall provide the following information in addition to information required in the Technical Specifications for Contractor Pre-qualification and evaluation of the proposed solution. Refer to Appendix C, 00451K – Instrumentation and Control System Contractor (ICSC) Qualifications Form for additional requirements. Complete all requirements listed in the form in addition to those listed below. Some requirements may be duplicated. Items noted as informational not scored will be used by the City to determine the qualification of businesses at their discretion. Items that are scored will be used in ranking of the qualified businesses. Contact and Ownership Information– Provide the following information related to the Contractor as outlined in section 000451K – Instrumentation and Control System Contractor (ICSC) Qualifications Form Article 2:  Company/organization name.  Primary business location or Corporate Office.  Local business office or service center. Facilities- Provide information on the business facilities as outlined in section 000451K – Instrumentation and Control System Contractor (ICSC) Qualifications Form Article 5. 336 RFP: 03-26-01 CS Lift Station SCADA Improvements 7 Experience and Resources- Provide the following information related to the Contractor’s previous experience as outlined in section 000451K – Instrumentation and Control System Contractor (ICSC) Qualifications Form Article 6: Provide a minimum of three and maximum of six reference projects for which similar services are currently being provided or have been provided. Use a format similar to Attachment A of section 000451K – Instrumentation and Control System Contractor (ICSC) Qualifications Form. Projects should be of similar size and type as this project scope. Provide three client reference forms. References projects and client references may use a maximum of 1 page each. REFERENCES CANNOT INCLUDE CURRENT CITY EMPLOYEES. FAILURE TO MEET THIS REQUIREMENT MAY RESULT IN DISQUALIFICATION AND YOUR SUBMISSION DEEMED NON-RESPONSIVE. Project Staffing-Provide the following information related to the Contractor’s previous experience as outlined in section 000451K – Instrumentation and Control System Contractor (ICSC) Qualifications Form Article 7:  Key project individuals including resumes and organizational chart for the project.  Relevant certifications and licenses. Resumes may be a maximum of 1 page each. Section D – Proposed Solution Proposed Solution- *This section needs to be marked confidential and separate from the rest of the bid documents due to cybersecurity restrictions* Provide the following in regard to the solution proposed for the City LS RTU system:  Brief write-up of the Contractor’s proposed RTU solution, how system downtime will be minimized, general work sequencing, how it will meet City requirements, and any special features. Limit write-up to 2 pages.  Provide a 20-minute maximum length video showing operation of the proposed solution including the following: The video should be included on the electronic copy of the bid submission. o Video showing installation and configuration of the RTU controller. o Display all typical HMI graphics and show operation of standard RTU features from the SCADA HMI. o Operation of the remote alarm notification system. o Replacement of an RTU controller. o Any additional features or differentiators of the proposed system.  Contractor value engineering proposal for any items the contractor believes can be modified to reduce project costs or schedule without sacrificing system performance or quality. Limited to 2 pages.  Contractor value-add proposal for additional features not specified, but the contractor believes will provide additional functionality or value beyond the specified requirements. Limited to 2 pages.  Proposed controller platform and vendor information on the proposed controller showing it meets all listed requirements. Limited to 8 pages.  Listing of all major hardware components to be supplied. Manufacturer datasheets on all major components to be supplied. Limit datasheets to two pages for any equipment showing major equipment features.  Listing of all standard system I/O. Limited to 4 pages.  Description of standard control functions. Limited to 4 pages.  Description of how to replace and reconfigure a controller. Limited to 1 page.  Proposed communications network type and protocol to be used. Limited to 2 pages.  Example SCADA HMI graphics. Limited to 8 pages.  Example local operator interface display or graphics. Limited to 8 pages. Section E - Other Information 337 RFP: 03-26-01 CS Lift Station SCADA Improvements 8 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 Price Proposal and Schedule- Submit price proposal broken down by major work items as listed in section 01292 – Schedule of Values as a minimum required breakdown. Provide unit prices for items that may be optional at lift station locations such as separate RTU enclosure and wiring to the existing pump control panel, level transmitters, power monitors, extending existing equipment racks to accommodate new RTUs, and running new conduit and conductors to install analog level transmitters. Submit any proposed value add-on items or value deduct items to be considered. Submit standard rate sheet for Contractor maintenance staff with rates valid for two years after project final completion for continued maintenance support of the RTU system. Provide an anticipated baseline schedule to complete the work on the entire system in accordance with section 01321 – Schedules and Reports. Include a baseline schedule of the work in Gannt chart form having the following main work items included:  Overall project duration  Mobilization and submittals  SCADA system installation and preliminary testing at the public works building  Field Installation and preliminary testing of RTUs, sites do not need to be listed separately but an indication of number of sites per week should be provided.  RTU System commissioning  Close-out and demobilization 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. 338 RFP: 03-26-01 CS Lift Station SCADA Improvements 9 PART III: INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS FOR RFP 03-26-01 CS Lift Station SCADA Improvements 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 the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the corporate signer. 339 RFP: 03-26-01 CS Lift Station SCADA Improvements 10 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 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 340 RFP: 03-26-01 CS Lift Station SCADA Improvements 11 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.  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. 341 RFP: 03-26-01 CS Lift Station SCADA Improvements 12 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. 342 RFP: 03-26-01 CS Lift Station SCADA Improvements 13 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 343 RFP: 03-26-01 CS Lift Station SCADA Improvements 14 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 344 RFP: 03-26-01 CS Lift Station SCADA Improvements 15 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 345 RFP: 03-26-01 CS Lift Station SCADA Improvements 16 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. The reasonable costs to which the prevailing party will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or guideline. E-Verify Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY vendors/contractors shall register with and use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. CITY vendors/contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Proposer stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract, and shall result in the immediate termination of a contract without penalty to the CITY. Proposer shall be liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the Proposer utilizes subcontractors the following shall apply: Proposer shall also require all applicable subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. Proposer shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Proposer shall provide a copy of all subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement. Modification and Withdraw Proposals may not be modified after submittal. Proposals may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be received by the CITY’s Procurement Manager before the time and date stated or, as amended, for the Proposal Opening. Properly withdrawn Proposals will be returned unopened to the Proposer submitting the Proposal. A Proposer who timely withdraws its Proposal may submit a new Proposal in the same manner as specified herein under “Submission of Proposal.” A Proposal submitted in place of a withdrawn Proposal shall be clearly marked as such on the outside of the envelope and on the Proposal Form. If a Contract is not awarded within 90 calendar days after opening of Proposals, a Proposer may file a written request with 346 RFP: 03-26-01 CS Lift Station SCADA Improvements 17 the CITY’s Procurement Manager for the withdrawal of its Proposal. Prohibition on Gifts to City Employees and Officials No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics Ordinance, and CITY Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the CITY for a specified period of time, including but not limited to: submitting bid/Proposals, RFQ Responses, and/or quotes; and, c. Immediate termination of any contract held by the individual and/or firm for cause. Discrimination An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, Proposals, or replies 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. administrative practices shall apply to any contract negotiated with a selected firm as required by federal law. The most recent of such requires, including any amendments made such the submission of the Proposal, shall apply, unless federal government determines otherwise. Additional Information Additional information may be obtained from the Finance Director, (407) 327-6557, or from any other individual listed on the RFP cover letter. 347 RFP: 03-26-01 CS Lift Station SCADA Improvements 18 MANDATORY BID FORMS Proposal Form 1: Proposer Information and Acknowledgement Form Proposal Form 2: References Information Forms Proposal Form 3: Insurance Requirements Form Proposal Form 4: Scrutinized Company Certification Proposal Form 5: Non-Collusion Affidavit Proposal Form 6: Drug Free Workplace Form Proposal Form 7: Public Entity Crimes Statement Proposal Form 8: Debarment, Suspension etc. Certification Proposal Form 9: E-Verify Statement Proposal Form 10: Conflict of Interest Statement Proposal Form 11: Affidavit of Compliance with Florida Statute 787.06 Proposal Form 12: Byrd Anti-Lobbying Amendment, 31 U.S.C.§1352 (as amended) Appendix B: Cost Proposal Worksheet Appendix C: 00451-K Instrumentation and Control System Contractor Qualifications Form Appendix D: Proposal Bond Agreement Mandatory forms must be submitted with the Proposal. Failure to submit forms may disqualify the Proposer from the RFP ** Appendices E and F do not need to be returned as a Mandatory Form** Appendix E: Performance Bond Agreement – Post Bid Award Appendix F: Labor and Materials Payment Bond – Post Bid Award 348 RFP: 03-26-01 CS Lift Station SCADA Improvements 19 PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM For RFP # 03-26-01 CS Lift Station SCADA Improvements The undersigned Proposer does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the minimum requirements/evaluation criteria shown by the Request For Proposal to be delivered to the specified site for the price indicated. IT IS THE PROPOSER’S RESPONSIBILITY TO CHECK www.demandstar.com FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL THIS PROPOSAL MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Proposal. If not submitted, Proposer will be considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney. PROPOSER NAME: TAX ID# SNN or EIN: PROPOSER ADDRESS: PURCHASE ORDER ADDRESS: PHONE NUMBER: COMPANY WEBSITE: COMPANY CONTACT (REP): CONTACT EMAIL ADDRESS: SIGNATURE: THE UNDERSIGNED: A. Acknowledges receipt of: 1. RFP # 03-26-01 CS Pertaining To: Lift Station SCADA Improvements 2. Addenda: Number: _________, Dated _________________. Number: _________, Dated _________________. B. Has examined the site and all RFP Documents and understands that in submitting its Proposal, they waive all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Proposal open for 90 calendar days after the Proposal opening date. 2. To furnish the services specified in this RFP at the prices quoted in the Proposal and in compliance with the RFP Documents. 3. To accept the provisions of the Instructions to Proposers. 4. To negotiate a contract with the CITY incorporating the Proposal prices, if selected on the basis of this Proposal. 5. To accomplish the work in accordance with the contract documents. D. Certifies: 1. That all information contained in this Proposal is truthful to the best of my knowledge and belief. 2. That I am duly authorized to submit this Proposal on behalf of the Proposer and that the Proposer is ready, willing, and able to perform if awarded the Proposal. Stipulated Amount A. Submit on Cost Proposal Worksheet, Appendix B 349 RFP: 03-26-01 CS Lift Station SCADA Improvements 20 REFERENCE INFORMATION FORM RFP # 03-26-01 CS Lift Station SCADA Improvements Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: Organization: Contact Person: Address: City: State: Zip: Phone Number: ( ) Project Cost: Date Performed: PROPOSER Representative Typed Name/Title: PROPOSER Representative Signature: PROPOSER: 350 RFP: 03-26-01 CS Lift Station SCADA Improvements 21 INSURANCE REQUIREMENTS FORM Insurance Type Required Limits Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits Employer’s Liability $1,000,000 each accident, single limit per occurrence Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence $3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products & Completed Operations & Contractual Liability. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless City of Winter Springs, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Winter Springs. Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included. Other Proposer shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same Proposer shall provide the CITY with certificates of insurance meeting the required insurance provisions. The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability where required. The Certificate Holder shall be named as City of Winter Springs. Thirty (30) days cancellation notice required. The undersigned Proposer agrees to obtain, prior to award, if selected, a minimum level of insurance as stated above. Proposer Authorized Signature Officer Title Date 351 RFP: 03-26-01 CS Lift Station SCADA Improvements 22 SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the CITY for goods or services of: a. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the Proposer is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or b. One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to s. 215.473; or c. Is engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. The Proposer must submit this required certification form attesting that it is not a scrutinized company and is not engaging in prohibited business operations. The following shall be grounds for termination of the contract at the option of the awarding body: a. The Proposer is found to have submitted a false certification; been placed on the Scrutinized Companies with Activities in Sudan List; b. Been placed on the Scrutinized Companies that Boycott Israel List or c. Is engaged in a boycott of Israel; or d. Been engaged in business operations in Cuba or Syria. e. Has been placed on a list created pursuant to s. 215.473, Florida Statutes, relating to scrutinized active business operations in Iran. The CITY shall provide notice, in writing, to the Proposer of any determination concerning a false certification. a. The Proposer shall have five (5) days from receipt of notice to refute the false certification allegation. b. If such false certification is discovered during the active contract term, the Proposer shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. c. If the Proposer does not demonstrate that the CITY’s determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes. 352 RFP: 03-26-01 CS Lift Station SCADA Improvements 23 THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List and, further, are not engaged in business operations in Cuba or Syria; and d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria. (Authorized Signature) (Printed Name and Title) (Name of Proposer) STATE OF ____________________________________ COUNTY OF __________________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2026 by _____________________ the _________________ of __________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public __________________________________ Print Name: ___________________________________ My Commission Expires: _________________________ 353 RFP: 03-26-01 CS Lift Station SCADA Improvements 24 NON-COLLUSION AFFIDAVIT of PRIME PROPOSER STATE OF COUNTY OF ____________________________________, being duly sworn, deposes and says that: (1) He/she is ___________________________ of ___________________________________ Title PROPOSER The Proposer that has submitted the attached response. (2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such solicitation. (3) Such Proposal is genuine and is not a collusive or sham solicitation. (4) Neither the Proposer nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Proposer, firm or person, to submit a collusive or sham response in connection with the RFP for which the attached Proposal has been submitted or to refrain from proposing in connection with such RFP, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties of interest, including affiant. (Signed) (Title) STATE OF _______________________________________ COUNTY OF _____________________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2026 by _____________________ the _________________ of __________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public __________________________________ Print Name: ___________________________________ My Commission Expires: _________________________ 354 RFP: 03-26-01 CS Lift Station SCADA Improvements 25 DRUG FREE WORKPLACE FORM The undersigned Proposer, in accordance with Florida Statute 287.087 hereby certifies that _____________________________________________________ does: (Name of Proposer) 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 contract a copy of the Drug-Free statement. 4. Notify the employees that as a condition of working on the commodities or contractual services that are under contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 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. 7. As the person authorized to sign the statement, I certify that this business complies fully with the above requirements. (Authorized Signature) (Date) (Print/Type Name as Signed Above) 355 RFP: 03-26-01 CS Lift Station SCADA Improvements 26 PUBLIC ENTITY CRIMES STATEMENT SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Proposal for RFP 03-26-01 CS Lift Station SCADA Improvements 2. This sworn statement is submitted by (Proposer) ___________________________ whose business address is _____________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ___________. 3. My name is ____________________ and my relationship to the Proposer named above is _____________________. 4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (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, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means 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 records relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:  A predecessor or successor of a person convicted of a public entity crime; or  An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) ____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.) ____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.) ____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the Department of General Services.) ___________________________________________________________ Signature Date: 356 RFP: 03-26-01 CS Lift Station SCADA Improvements 27 PUBLIC ENTITY CRIMES STATEMENT cont. STATE OF __________________________________ COUNTY OF ________________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ___ day of ________________, 2026, and is personally known to me, or has provided ______________________ as identification. ____________________________________________ My Commission expires: ________________ Notary Public 357 RFP: 03-26-01 CS Lift Station SCADA Improvements 28 DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS Certification A - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three-year period preceding this proposal, been convicted of 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; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation of this proposal. Instructions for Certification (A) By signing and submitting this Bid, the prospective primary participant is providing the certification set out below; a. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or any explanation shall disqualify such person from participation in this transaction. b. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. c. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules 358 RFP: 03-26-01 CS Lift Station SCADA Improvements 29 implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations. e. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. f. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. Certification B - Lower Tier Covered Transactions a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may 359 RFP: 03-26-01 CS Lift Station SCADA Improvements 30 pursue available remedies, including suspension and/or debarment. b. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. c. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause title “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. f. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may but is not required to, check the Non- procurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. Proposer: Date: Signature of Authorized Certifying Official: Title: 360 RFP: 03-26-01 CS Lift Station SCADA Improvements 31 E-VERIFY STATEMENT Bid Number: RFP # 03-26-01 CS Project Description: Lift Station SCADA Improvements Proposer acknowledges and agrees to the following: Proposer shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. All persons employed by the Proposer during the term of the Contract to perform employment duties within Florida; and 1. All persons assigned by the Proposer to perform work pursuant to the contract with the CITY. Proposer: __________________________________________________________________ Authorized Signature: __________________________________________________________ Title: ________________________________________________________________________ Date: _______________________________________________________________________ 361 RFP: 03-26-01 CS Lift Station SCADA Improvements 32 CONFLICT OF INTEREST STATEMENT This sworn statement is submitted with Proposal for RFP # 03-26-01 CS Lift Station SCADA Improvements This sworn statement is submitted by (Proposer) ___________________________________ whose business address is __________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is ___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social Security Number: ____________.) My name is ________________________ and my relationship to the Proposer named above is________________________. 1. The above-named Proposer is submitting a Proposal for the City of Winter Springs. 2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her own knowledge. 3. The Affiant states that only one submittal for the above Proposal is being submitted and that the above-named Proposer has no financial interest in other entities submitting Proposals for the same project. 4. Neither the Affiant nor the above- named Proposer has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the Proposer’s submittal for the above Proposal. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5. Neither the Proposer nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6. Neither the Proposer nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. I certify that no member of the Proposer’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Winter Springs. 8. I certify that, should the Proposer be awarded a contract after successful negotiation, the execution and approval of such contract by the City of Winter Springs City Commission shall not create a conflict of interest under Chapter 112, Florida Statutes, Code of Ethics for Public Officers. I further certify that no member of the Proposer’s ownership or management is a spouse, child or “relative” as defined in Section 112.3142, Florida Statutes, of a current City Commission member. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named Proposer, will immediately notify the City of Winter Springs. ________________________________________________________ Signature Date: STATE OF ____________________________ COUNTY OF __________________________ PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this ______ day of ________________, 2026, and is personally known to me, or has provided ______________________ as identification. ________________________________________ My Commission expires: ____________________ Notary Signature 362 RFP: 03-26-01 CS Lift Station SCADA Improvements 33 AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTES § 787.06 Florida Statutes § 787.06(13) provides that: When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). THIS AFFIDAVIT MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section § 787.06, Florida Statutes; and b. The Vendor, owners, or principals are eligible to participate in this solicitation and do not use coercion for the labor or services contemplated in their Proposal response. (Authorized Signature) (Printed Name and Title) (Name of Proposer) STATE OF ____________________________________ COUNTY OF __________________________________ The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization, this ______ day of __________, 2025 by _____________________ the _________________ of __________________________, a ________________________ (____) who is personally known to me or (_____) who produced ______________________________________ as identification. Notary Public: _________________________________ Print Name: ___________________________________ My Commission Expires: _________________________ 363 RFP: 03-26-01 CS Lift Station SCADA Improvements 34 BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. §1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §1352 (as amended). 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. See below – Certification Regarding Lobbying. Byrd Anti-Lobbying Certification Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LL, “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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 section 1352, title 31, U.S. Code. 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. Byrd Anti-Lobbying Amendment, 31 U.S.C. §1352 (as amended) The PROPOSER, _____________________________, certifies 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. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of PROPOSER’s Authorized Official Name and Title of PROPOSER’s Authorized Official Date 364 RFP: 03-26-01 CS Lift Station SCADA Improvements 35 Appendix A: Abbreviations City City of Winter Springs FTP File Transfer Protocol HMI Human machine interface HTTP Hypertext Transfer Protocol HTTPS Hypertext Transfer Protocol Secure I/O input/output IoT Internet of Things ISA International Society of Automation IT Information Technology LS lift station NEMA National Electrical Manufacturers Association PC personal computer PLC programmable logic control RFP Request For Proposal RTU remote terminal units SCADA supervisory control and data acquisition SIM subscriber identification module SMS short message service SSH Secure Shell 365 RFP: 03-26-01 CS Lift Station SCADA Improvements 36 Appendix B: Cost Bid Worksheet For RFP 03-26-01 CS Lift Station SCADA Improvements The Bidder hereby indicates the following total units and total prices which represent all materials, labor, equipment, transportation, performance of all operations relative to construction of the project, overhead, and costs of all kinds and profit to complete the work items in accordance with the Project Manual, plans, and permits. Work for which there is not a listed item below shall be considered incidental to the Contract and no additional compensation will be allowed. The detailed Schedule of Values shall be provided by the lowest responsible Bidder and be included with their executed contract, as attached. TOTAL BID: _____________________________________________________ DOLLARS (In Words) $_________________________ Item # Description Qty Unit Price Total 1 Mobilization 2 RTU upgrades separated for each individual lift station. 3 VTScada system and Workstation upgrades 4 Commissioning 5 Demobilization 6 Warranty 7 Maintenance Agreement 8 Bonds and Insurance 9 Provide the following as unit prices: 9a RTU including installation and wiring 9b Extension of equipment rack for RTU 9c Level Transmitter 9d Level Transmitter conduit and wire for locations not having existing circuts. 9e Float switches and conduit and wire for locations not having existing float switches 9f Power Monitor Total Base Bid (Sum of all items) 366 RFP: 03-26-01 CS Lift Station SCADA Improvements 37 Appendix C: 00451K-Instrumentation and Control System Contractor Qualifications Form For RFP 03-26-01 CS Lift Station SCADA Improvements 367 RFP: 03-26-01 CS Lift Station SCADA Improvements 38 Appendix D: PROPOSAL BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto the CITY OF WINTER SPRINGS as OWNER, in the penal sum of Dollars ($ ) for the payments of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF WINTER SPRINGS a certain Proposal, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Work described as: LIFT STATION SCADA IMPROVEMENTS NOW, THEREFORE, if the Principal shall not withdraw said Bid within 90 days after the opening of the same, or in the alternate, if said Bid shall be accepted and the Principal shall execute and deliver required certificates of insurance and a contract that, at minimum, includes the terms of the Form of Agreement attached hereto (properly completed in accordance with said Bid), and shall give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then this obligation shall be void; otherwise the same shall remain in force and effect and the sum herein stated shall be due and payable to the CITY OF WINTER SPRINGS and the Surety herein agrees to pay said sum immediately, upon demand of the CITY OF WINTER SPRINGS, in good and lawful money of the United States of America, as liquidated damages for failure of the Principal; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the OWNER may accept such Bid; and said Surety does hereby give waive notice of any such extension. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this ______day of _____, 2026, the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Principal) (Seal) (Title) (Address) (Surety) (Seal) (Title) (Address) (Witness) 368 RFP: 03-26-01 CS Lift Station SCADA Improvements 39 APPENDIX E: PERFORMANCE BOND FORM Bond No. __________________ BY THIS PERFORMANCE BOND, We __________________________________, as Principal, whose address is ____________________________________ and telephone number is ______________ and ____________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the SR434 At Winding Hollow Blvd. project in the City of Winter Springs, Seminole County, Florida (the “Project”); and WHEREAS, the OWNER has required the Principal to furnish a performance bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full performance of the Contract including without exception all of the Contract Documents (as defined in the Contract) and all of their terms and conditions, both express and implied. Without limiting the Principal’s and Surety’s obligations under the Contract and this bond, the Principal and Surety agree: A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys’ fees under section 627.756, Florida Statutes, including costs and attorney’s fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so. 2. OWNER’S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as permitted in Paragraph 3. 2. SURETY’S OBLIGATION UPON DELIVERY OF OWNER’S AFFIDAVIT OF CONTRACTOR’S BREACH OR DEFAULT. Upon the delivery of the OWNER’s affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety may promptly remedy the breach or default or must, within ten (10) days, proceed to take one of the following courses of action: A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own CONTRACTORs or employees, approved as being acceptable to the OWNER, in the OWNER’s sole discretion, provided, however, that OWNER’s discretion in approving the Surety’s CONTRACTOR will not be 369 RFP: 03-26-01 CS Lift Station SCADA Improvements 40 unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the OWNER’s execution. OWNER’s discretion to approve Surety’s completing CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. OWNER’s discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered contract shall be in OWNER’s sole and absolute discretion. Upon execution by the OWNER of the contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the Contract. The OWNER will pay the completing CONTRACTOR from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. To the extent that the OWNER is obligated to pay the completing CONTRACTOR sums which would not have been due and payable to CONTRACTOR under the Contract (any sums in excess of the then remaining Contract balance less any sums due the OWNER under the Contract), the Surety must pay the OWNER the full amount of those sums at the time the completing CONTRACTOR tenders an invoice to the OWNER so that the OWNER can utilize those sums in making timely payment to the completing CONTRACTOR; or C. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance bond. The OWNER will refund to the Surety without interest any unused portion not spent by the OWNER procuring and paying a completing CONTRACTOR or completing the Contract itself, plus the cost allowed under Section 4, after completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable warranties; or D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the Surety. E. IT SHALL BE NO DEFENSE TO SURETY’S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2. 4. SURETY’S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein above, the Surety must promptly pay the OWNER (i) all losses, costs and expenses resulting from the Principal’s breach(es) or default(s), including, without limitation, fees (including attorney’s fees pursuant to section 627.756, Florida Statutes and related costs), expenses and costs for architects, ENGINEERs, consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages, whichever may be provided for in the Contract, for lost use of the Project, plus (iii) re-procurement costs and fees and expenses, plus (iv) costs incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided that in no event shall Surety’s liability exceed the Penal Sum of this Bond. 5. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated damages, or the work to be performed under the Contract. 6. NO THIRD-PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of 370 RFP: 03-26-01 CS Lift Station SCADA Improvements 41 the OWNER and OWNER’s heirs, administrators, executors, successors and assigns. No other party, person or entity has any rights against the Surety. 7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be given by Certified Mail, Return Receipt Requested, to the address set fourth for each party below: SURETY: Name: ____________________________________________________________ Attention: ____________________________________________________________ Street: ____________________________________________________________ City, State: ____________________________________________________________ Zip: ____________________________________________________________ PRINCIPAL: Name: ____________________________________________________________ Attention: ____________________________________________________________ Street: ____________________________________________________________ City, State: ____________________________________________________________ Zip: ____________________________________________________________ OWNER: The City of Winter Springs Attention: Kevin Sweet, City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327-5957 with a copy to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D’Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually superseded, to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion of the Contract (including any warranty period) and acceptance of the Work performed under the Contract by the OWNER, whichever is longer. 9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference herein and are expressly made a part of this Performance Bond. 10. GOVERNING LAW. This performance bond shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflict of law’s provisions. 11. VENUE. In the event any legal action shall be filed upon this performance bond, the venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 371 RFP: 03-26-01 CS Lift Station SCADA Improvements 42 12. MISCELLANEOUS. A. The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights afforded under Florida Statutes and under common law. B. This performance bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. D. This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the OWNER’s complete satisfaction, through the expiration of all warranty periods. Principal Surety _______________________________ ____________________________________ (Typed Firm Name) (Typed Firm Name) _______________________________ ____________________________________ (Seal) (Seal) By: By: _______________________________ ____________________________________ (Signature) (Signature) _______________________________ ____________________________________ (Printed Name) (Printed Name) ________________________________ ____________________________________ (Title) (Title) ________________________________ ____________________________________ ________________________________ ____________________________________ (Address) (Address) ________________________________ ____________________________________ 372 RFP: 03-26-01 CS Lift Station SCADA Improvements 43 APPENDIX F: LABOR AND MATERIALS PAYMENT BOND Bond No. __________________ BY THIS LABOR AND MATERIALS PAYMENT BOND, We ___________________, as Principal, whose address is __________________________________ and telephone number is ______________ and ____________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407- 327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the SR434 At Winding Hollow Blvd. project in the City of Winter Springs, Seminole County, Florida (the “Project”); and WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the OWNER in any expense. 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Principal shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER’s heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who have actually provided labor, material, rental equipment, or services under the Contract. 5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein 373 RFP: 03-26-01 CS Lift Station SCADA Improvements 44 and are expressly made a part of this bond. 6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 8. MISCELLANEOUS. A. The Surety agrees that this labor and materials payment bond shall afford the OWNER and all claimants under the Contract with all of the protections and rights afforded under Florida Statutes and under common law. B. This labor and materials payment bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this labor and materials payment bond. D. This labor and materials payment bond shall remain in full force and effect until such time that the legal deadline for filing a claim hereunder has duly expired. Principal Surety _______________________________ ____________________________________ (Typed Firm Name) (Typed Firm Name) _______________________________ ____________________________________ (Seal) (Seal) By: ____________________________ By:_________________________________ (Signature) (Signature) _______________________________ ____________________________________ (Printed Name) (Printed Name) ________________________________ ____________________________________ (Title) (Title) ________________________________ ____________________________________ ________________________________ ____________________________________ ________________________________ ____________________________________ (Address) (Address) ________________________________ ____________________________________ (Date of Execution) (Date of Execution) 374 RFP: 03-26-01 CS Lift Station SCADA Improvements 45 APPENDIX G: Lift Station RTU Summary This will be provided at Pre Bid Meeting 375