Design_Build_Services_for_Utilities_Administration_Building_Floating_Photovoltaic_System_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

Y26-801

DESIGN BUILD SERVICES FOR UTILITIES ADMINISTRATION

BUILDING FLOATING PHOTOVOLTAIC SYSTEM

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: January 16, 2026

DEADLINE FOR QUESTIONS: January 30, 2026

RESPONSE DEADLINE: February 17, 2026, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Orange County, Florida

REQUEST FOR PROPOSALS

Design Build Services for Utilities Administration Building Floating

Photovoltaic System

I. Introduction & Submittal Instructions II. Solicitation Terms and Conditions

III. Project Scope and Objectives IV. Insurance Requirements V. Bond Requirements

VI. Business Development VII. Selection Criteria

VIII. Proposal and Qualifications (Submittal) IX. Pricing Proposal

Attachments:

A - Y26-801 Draft Contract-Final

B - Drawings

C - Specifications

D - Scope of Work

Request for Proposals #Y26-801 Title: Design Build Services for Utilities Administration Building Floating Photovoltaic System

1. Introduction & Submittal Instructions

1.1. Summary

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed offers for Design Build Services for Utilities Administration Building Floating Photovoltaic System

(Y26-801)

Sealed offers for furnishing the above will be accepted up to 4:00 pm EST on Tuesday, February 17, 2026.

The Estimated Cost for this project is $3,428,000.00

NOTE: Respondents are required to submit responses electronically via the OpenGov e-Procurement

Platform. Respondents shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated

OpenGov e-Procurement Platform shall be rejected.

Important Instructions for Electronic Submittal

The County is ONLY accepting electronic submissions using the OpenGov e-Procurement Platform.

Respondents shall create a FREE account with OpenGov by signing up at https://procurement.opengov.com/login Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic offer.

It is the respondent's responsibility to ensure they commence their upload efforts timely to meet the submission deadline. The County shall not be responsible for delays caused by any occurrence, including the respondent's network delays, bandwidth issues, internet outages, or technical difficulties.

OpenGov Technical SupportFor Technical Support, respondent's can reach the OpenGov Service Desk:

Chat (preferred): Click the button in the lower right hand corner of the portal

Email: procurement-support@opengov.com

Phone: 1 (650) 336-7167

Hours: Mon-Fri 7am - 10pm EST

Timely Questions Regarding this Solicitation

The question and answer module of OpenGov IS being utilized for this solicitation. Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: Friday, https://procurement.opengov.com/login

January 30, 2026 at 4:00 pm EST. Respondents are instructed not to contact the initiating division directly.

Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. No oral interpretation of the meaning of the plans, specifications, or other Contract documents shall be considered binding. The

County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager, Procurement Division.

Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume, participants are encouraged to subscribe as a follower and monitor all notifications. Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

This provision exists solely for the convenience and administrative efficiency of Orange County. No respondent or other third party gains any rights by virtue of this provision or the application thereof, nor shall any respondent or third party have any standing to sue or cause of action arising there from.

Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email tracy.attenasio@ocfl.net. Critical clarifications may be made via addenda, however, untimely questions may not be considered.

1.2. Background

Orange County exercises the rights and privileges conveyed to it by the State of Florida, and the Orange

County Charter. It presently operates with an elected chief executive officer, Orange County Mayor, and six elected district commissioners, who together comprise the Board of County Commissioners.

Procurement is an essential function of the County, affecting all operational departments, ongoing projects and future initiatives. The Procurement Division is divided into three (3) Sections, the “Buying

Section”, the “Purchasing Section” and the “Contracts Section”.

The Orange County Procurement Division operates under the leadership of Carrie Mathes, MPA, NIGP-

CPP, CFCM, CPPO, CPPB as Procurement Division Manager and Chief Procurement Official in accordance with the Orange County Ordinance.

1.3. Contact Information

Orange County Procurement Point of Contact

Tracy Attenasio

Contracts Supervisor

Email: tracy.attenasio@ocfl.net

Phone: (407) 836-5635

Department:

Administrative Svcs., Procurement Division mailto:tracy.attenasio@ocfl.net tel:(407)836-5635

1.4. Timeline

Release Project Date January 16, 2026

Question Submission Deadline January 30, 2026, 4:00pm

Submission Deadline February 17, 2026, 4:00pm

2. Solicitation Terms and Conditions

2.1. Licensing Requirements

The County will verify the status and authenticity of all licenses presented, which may include searches of the State of Florida Department of Business and Professional Regulation database by first name, last name, company name, or license number. If any license is found to be unconforming with requirements, expired, suspended, revoked, or otherwise not in good standing, the proposal will be negatively impacted and the County may reject the proposal or take any other action deemed in the County’s best interest to complete the work lawfully.

2.2. Reference Checks

The contact person listed as a reference shall be someone who has personal knowledge of the

Proposer’s performance during the referenced project. Contact persons must have been informed that they are being used as a reference and that the County may be calling or emailing them. More than one person can be listed but all must have knowledge of the project.

Do not list principals or officers who will not be able to answer specific questions regarding the project. Failure of references listed to respond to the County’s inquiries may negatively impact the rating of the Proposal. The reference shall be the owner or a representative of the owner. An owner’s representative is defined as a firm or individual hired by the owner to oversee the design or construction oversight services performed by the prime consultant. Consultants or Consultants who provided services under the referenced project (contract) shall not be accepted as references unless they were hired as the owner’s representative for the referenced project (contract).

References must be from independent third-party clients for whom the Proposer performed the work.

Self-references or references from any parent, subsidiary, affiliate, or entity under common ownership are not permitted. Former clients who are now employed by or affiliated with the Proposer (or its affiliates) may not serve as references.

2.3. Joint Venture Requirements

Respondents submitting as a Joint Venture shall submit documentation as an attachment to their response.

If applicable, failure to timely submit

(1) the required Information for Determining Joint Venture Eligibility Form AND (2) a fully executed copy of your joint venture agreement may result in disqualification.

The Information for Determining Joint Venture Eligibility form can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

If proposing as a Joint Venture, the Joint Venture shall obtain and maintain all contractually required insurance in the name of the Joint Venture as required by the Contract. Individual insurance in the name of the parties to the Joint venture will not be accepted.

https://www.ocfl.net/vfr)

2.4. Trade Secret Information

Orange County is subject to the State of Florida’s broad public records laws. Therefore, all documents, materials, records, data, or any other information submitted as part of a solicitation response are considered public records governed by the disclosure, exemption, and confidentiality provisions relating to public records in Florida law, including those found in Chapter 119, Florida Statutes.

Section 815.045, Florida Statutes, makes trade secret information, as defined in Section 812.081, Florida

Statutes, confidential and exempt from disclosure under Florida public records law. However, please note the following:

A. A Respondent’s desire for privacy of particular information submitted to the County does not make such information trade secret information. Respondents cannot render public records exempt from disclosure as containing trade secret information merely by designating information it furnishes to the County as confidential. Only information that specifically meets the exemption in Section 815.045, Florida Statutes, should be designated as trade secret information by Respondents.

B. Any Respondent who fails to designate information contained in its solicitation response as trade secret information at the time of solicitation response submittal has not taken the required measures or made reasonable efforts to maintain such information’s secrecy and has therefore waived any right to assert trade secret protections for such information. The County will therefore not consider any Respondent’s request to designate information in a solicitation response as trade secret information that is made after the time of solicitation submittal.

The County is not soliciting, nor does it desire, the submission of any Respondent’s trade secret information as part of this solicitation response. Notwithstanding the foregoing, to the extent that a

Respondent finds it necessary to designate certain information in its solicitation response as being trade secret information, the Respondent shall attach the following items to its solicitation response:

A. Trade Secret Information Itemization Log.The Respondent shall create and attach to its solicitation response a “Trade Secret Information Itemization Log” that:

1. Clearly itemizes any and all information that the Respondent designates as confidential trade secret information.

2. Completes such itemization in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information.

3. Per item, provides the impacted submittal section/item number, a written explanation that comprehensively supports the Respondent’s classification of such information as trade secret information under state or federal law, and the legal citation under which such information is exempt and confidential from disclosure.

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx

B. Redacted Impacted Submittals.For each submittal that contains information designated by the

Respondent as trade secret information, the Respondent shall attach a redacted copy of such impacted submittal. Such redactions must include notations containing cross-references to the itemized trade secret information as submitted in the Trade Secret Information Itemization Log.

Redactions must be made in the narrowest and least expansive manner (word, line, paragraph, page, etc.) necessary to protect the confidentiality of the Respondent’s trade secret information. Each redacted submittal copy must have a cover page and page header that is clearly marked as “REDACTED COPY”.

Respondents are advised that:

A. They must only redact the specific information that they, using good faith, believe to be confidential and exempt under applicable state or federal law and should not submit documents that have been broadly marked “CONFIDENTIAL”. Exemptions to Florida’s broad public records law are narrowly construed and therefore, the County is unable to accept broad designations of confidentiality or exemption from disclosure. Consequently, any such broad classification of trade secret information made by a Respondent may lead to its solicitation response being deemed non-responsive.

B. As a responsible steward of taxpayer funding and in the interest of transparency and accountability to the general public, the designation of the following information as trade secret information is not acceptable to the County and will therefore lead to a Respondent’s solicitation response being deemed non-responsive:

1. Any proposed rates, fees, or prices;

2. The total proposal/contract amount;

3. The general nature of the services rendered or goods being provided; and

4. Any information contained in the County’s solicitation documents, including the

Respondent’s answers to any of the questions in the response form (not including any impacted submittals).

Any Respondent that submits a solicitation response that in any manner asserts or suggests that information contained therein is the Respondent’s trade secret information hereby acknowledges and agrees to all of the following:

A. To the extent the County deems necessary to effectively handle, process, review, evaluate, and maintain the Respondent’s solicitation response, the County and its officials, employees, agents, and representatives are hereby granted full rights to access, view, consider, and discuss any information designated by the Respondent as trade secret information. The County may make copies of, and distribute, the Respondent’s unredacted impacted submittals for the purposes of facilitating evaluation of such response.

B. For auditing purposes, the County may disclose the Respondent’s unredacted impacted submittals to the Orange County Comptroller’s Office and the County’s internal and external auditors. Additionally, should funding for the award be in any part provided by the State of

Florida or the Federal Government, the County may also disclose the Respondent’s unredacted impacted submittals to such entities for auditing purposes.

C. Trade secret information is not exempt under the broad open meetings provisions of Florida law. Accordingly, any information that the Respondent designates as trade secret information in its solicitation response may be openly discussed at public meetings that comply with Section

286.011, Florida Statutes. The County will, however, exclude or redact any such designated trade secret information from any records that may result from such public meetings.

D. The Respondent shall be solely responsible for defending the confidentiality of its designated trade secret information at its sole cost, which action shall be taken in a court of competent jurisdiction located in Orange County, Florida, immediately, but no later than ten (10) calendar days from the date the Respondent receives written notification from the County that a request for information designated by the Respondent as trade secret information was made. Failure of the Respondent to timely file an action to defend the confidentiality of its designated trade secret information shall constitute a waiver by the Respondent of any claim that such information is confidential or exempt from disclosure and will result in the County’s release of the requested records.

E. The Respondent shall hold harmless and indemnify the County, its officials, employees, agents, and representatives from any and all claims, actions, suits, judgments, fines, costs, fees

(including attorneys’ fees), or damages arising from or related to any designated trade secret information submitted or otherwise provided to the County by the Respondent, including but not limited to those arising from the County’s non-disclosure of such information in response to a public records request.

F. The protection afforded by section 815.045, Florida Statutes, to trade secretion information is incomplete, and no right or remedy for damages shall arise from any disclosure of such information by the County.

G. The confidentiality protections and records exemptions for any information designated by the

Respondent in its solicitation response as being trade secret information shall expire five (5) years from the date of the Respondent’s submittal of such response.

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the

County reserves the right to follow up with Respondents to seek clarification and to request additional information regarding any Respondent’s confidential trade secret designations.

The Trade Secret Information Itemization Log can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Trade%20Secret%20Information%20Itemization%20Log.docx https://www.ocfl.net/vfr

2.5. Withdrawal of Proposal

Any proposal may be withdrawn until the date and time set for the submission of the proposals. . Any proposals not so withdrawn shall constitute an irrevocable offer for a period of one hundred twenty

(120) days from the public opening date or until the date of award. In the event that an award is not made by the County within one hundred twenty (120) days from the public opening date, the respondent may withdraw their offer or provide a written extension without modification.

2.6. Development or Assistance with Specifications /Requirements /Statements of Work

Firms or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or documents contained within this Solicitation are excluded from competing for this Solicitation.

This shall not be applicable to firms or individuals providing responses to a publicly posted Request for

Information (RFI) associated with this Solicitation.

2.7. Payment and Performance Bonds

Payment and Performance Bonds included herein as security for the faithful performance and completion of the Work and payment for all materials and labor furnished or supplied in connection with all Work included in the Contract Documents. These Bonds shall be in amounts at least equal to the Contract Amount, shall name the County as obligee and shall be in such form and by sureties of financial standing having a rating from A.M. Best Company (or other equivalent rating company) equal to or better than A- and must be included on the approved list of sureties issued by the United States

Department of Treasury.

Prior to execution of the Contract Documents the County may require the Design-Builder to furnish such other Bonds, in such form and with such sureties as it may require.

If such Bonds are required by written instructions given prior to opening of Bids, the premium shall be paid by the Design-Builder.

If the Contract Amount is increased by Change Order, it shall be the Design-Builder’s responsibility to ensure that the Payment and Performance Bonds be amended accordingly and a copy of the amendment is forwarded to the County.

• See Bond Requirements and Proposal and Qualifications (Submittal) for surety requirements and limits applicable to this solicitation and contract.

2.8. Federal and State Tax

The County is exempt from Federal and State Sales and Use Taxes for tangible personal property

(Certificate of Registry for tax transactions under Chapter 32, Internal Revenue Code and Florida

Sales/Use Tax Exemption Certificate).

https://procurement.opengov.com/portal/orangecountyfl/projects/216730/document?section=2036185 https://procurement.opengov.com/portal/orangecountyfl/projects/216730/document?section=2036178

Selected Respondents doing business with the County shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any selected

Respondent be authorized to use the County’s Tax Exemption Number in securing such materials.

2.9. Award Of Contract/Rejection Of Proposals

Selection shall be in accordance with the County’s adopted selection procedures. The County reserves the right to accept or reject any or all Proposals that it may, at its sole discretion, deem unresponsive, to waive technicalities, or to accept the Proposal which, in its sole judgment, is most advantageous and best serves the over-all interests of the County.

The County reserves the right to request clarification of information submitted and to request additional information of one or more Proposers after the deadline for receipt of Proposals.

The County will award a contract pursuant to applicable law. The ability of a Proposer to obtain a performance bond and a payment bond shall not be regarded as the sole test of such Proposers’ competency or responsibility.

Nothing contained herein shall place a duty upon the County to reject Proposals or award a Contract based upon anything other than its sole discretion as described herein.

2.10. Solicitation Cancellations

Orange County reserves the right, and the Manager of the Procurement Division, has the absolute and sole discretion to cancel a solicitation at any time prior to approval of the award by the Board of County

Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

2.11. Public Opening of Proposals

Solicitation files may be examined during normal working hours, thirty (30) days after public opening, or upon recommendation for award, whichever occurs first. Individuals desiring to view these documents are urged to schedule an appointment. For information concerning this solicitation, please contact the

Procurement Division at procurement@ocfl.net or by calling (407) 836-5635. Please specify the solicitation number for which you are inquiring. Solicitation public opening results will be available at http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful respondents will not be notified, unless a request is submitted in accordance with this paragraph.

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am. A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Firms will be able to attend the public opening virtually, see the following instructions:

Visit: https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting

Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361 http://apps.ocfl.net/orangebids/bidresults/results.asp https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361

Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361

The physical meeting location is 400 E. South Street, 2nd Floor, Orlando, Florida 32801

2.12. Shortlists, Protests and Lobbying

The recommended short list of firms, rank by score, highest to lowest, will be posted for review by interested parties at the Procurement Division and at http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain for a period of five full business days. Failure to file a protest to the

Procurement Division Manager by 5:00 PM on the fifth full business day after the posting date shall constitute a waiver of protest proceedings. Additional information relative to protests can be found at the following site:

http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx

Orange County Lobbyist Regulations General Information

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the successful Proposer. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon Contract award. Additional information relative to lobbying can be found at:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

The Board of County Commissioners may void any Contract where the County Mayor, one or more

County Commissioners, or a County staff person has been lobbied in violation of the blackout period restrictions of Ordinance No. 2002-15.

2.13. Proposal Preparation and Related Costs

By submission of a proposal, the Respondent agrees that any and all costs associated with the preparation of the offer will be the sole responsibility of the Respondent. The Respondent also agrees that the County shall bear no responsibility for any costs associated with the preparation of the offer including, but not limited to, any administrative or judicial proceedings resulting from the solicitation process.

2.14. Contractual Agreement

This Request for Proposals shall be included and incorporated in the final contract or purchase order.

Any and all legal actions associated with this Request for Proposals and/or the resultant contract shall be http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the

Ninth Circuit Court in and for Orange County, Florida.

2.15. Public Entity Crime

Section 287.133(3)(d), Florida Statutes, provides that the Florida Department of Management Services shall maintain a list of the names and addresses of those who have been disqualified from participating in the public contracting process under this section.

http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted

_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

A person or affiliate who has been placed on The Convicted Vendor list following a conviction for a public entity crime shall not submit an offer on a contract with a public entity for the construction or repair of a public building or public work, shall not submit offers on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of the threshold amount provided in Florida Statute 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.

2.16. Conflict of Interest

The award is subject to provisions of applicable State Statutes and County Ordinances. All respondents must disclose with their offer the name of any officer, director, or agent who is also an employee of

Orange County. Further, all respondents must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Respondent's firm or any of its branches. Should the selected Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the selected Respondent prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

2.17. Ethics Compliance

The following forms are included in this solicitation within the Contract Compliance Packet and shall be completed and submitted as indicated below:

• Relationship Disclosure Form – The purpose of this form is to document any relationships between a respondents to an Orange County solicitation and the Mayor or any other member of

Orange County, Florida. This form shall be completed and submitted with the applicable offer in response to an Orange County solicitation.

• Orange County Specific Project Expenditure Report - The purpose of this form is to document any expenses incurred by a lobbyist for the purposes described in Section 2-351, Orange County

Code. This form shall be completed and submitted with the applicable offer in response to an

Orange County solicitation.

No contract award shall be made unless compliance forms have been completed and submitted. Any questions concerning these forms shall be addressed to the contact identified in this solicitation. Also, a http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list listing of the most frequently asked questions concerning these forms is provided within each form for your information.

2.18. Payment Terms

The County’s payment terms are in accordance with Florida Statute 218, Local Government Prompt

Payment Act.

2.19. Modification/Alteration Of Solicitation And/ Or Contract Documents

Modification or alteration of the documents contained in this solicitation or the contract resulting from this solicitation shall only be made upon receipt of prior written consent of the County.

2.20. Laws And Regulations

The Respondent's attention is directed to the fact that all applicable Federal and State laws, municipal and county ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the Contract throughout, and they will be deemed to be included in the

Contract the same as though herein written.

Respondents are hereby provided notice of the provisions of Section 287.05701, Florida Statutes

2.21. Draft Contract

The contract that the County intends to use for award is enclosed for reference. Any exceptions to this standard contract must be clearly indicated by return of the standard contract with the Proposal, with exceptions clearly noted. The County has the right to require the selected Proposer to sign the attached contract or to negotiate revisions to the contract language prior to execution of the contract, at its discretion.

2.22. Indemnification For Tort Actions/Limitation Of Liability

The provisions of Florida Statute 768.28 applicable to Orange County, Florida apply in full to this

Contract.

Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute.

No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act.

The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

2.23. Subcontractor’s Past Performance

Respondent is responsible for verifying subcontractor’s satisfactory performance on previous Orange

County projects. Failure to do so may impact Respondent's responsibility determination

2.24. Subcontractors

Respondent must list all proposed subcontractors and suppliers to be used. Selected Respondent shall not change any subcontractors without just cause and approval by the County.

2.25. Required Disclosure

Respondent shall disclose with its submission all material facts pertaining to any felony indictments or convictions in the last ten (10) years, or any pending felony charges, anywhere in the United States against (i) Respondent, (ii) any business entity related to or affiliated with Respondent, or (iii) any present or former executive employee, senior management, key employee, officer, director, stockholder, partner or owner of Respondent or of any such related or affiliated entity, collectively referred to as “Respondent.” This disclosure shall not apply to any person or entity who is, or was, solely a stockholder, owning less than 5% of the outstanding shares of a Respondent whose stock is publicly owned and traded.

Respondent shall disclose any civil citations, infractions, or convictions for any reason in the last ten (10) years involving Respondent, including all material facts.

Respondent shall disclose any civil litigation, administrative proceeding, or notice of default during the last five (5) years, anywhere in the United States, in which Respondent or any business controlled by or affiliated with Respondent is, or was, a party.

The County may reject, at its sole discretion, any Respondent if the County finds Respondent or its present or former executive employees, senior management, key employee, officers, directors, stockholders, partners, affiliates, or owners lack honesty, integrity, or moral responsibility. The County may also reject, at its sole discretion, any Respondent if it is in the County’s best interest to do so. The

County may base its findings on the disclosures required herein, the County's own investigation, public records, or any other reliable source of information. The County may also reject any Respondent that fails to make the disclosures required herein. By submitting an offer, Respondent recognizes and accepts that the County may reject any offer at its sole discretion and the Respondent waives any claim it might have for damages or other relief arising from the rejection of its offer or resulting directly or indirectly from the rejection of its offer based on these grounds or from the disclosure of any information related to the reasons for rejection of its offer.

2.26. Debarment, Suspension, Ineligibility and Voluntary Exclusion

By submission of an offer Respondent affirms that it is in compliance with the requirements of 2 C.F.R.

Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2.27. Florida Convicted/Suspended/Discriminatory Complaints

By submission of an offer Respondent affirms that it is not currently listed in the Florida Department of

Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

2.28. Anti-Human Trafficking

Respondents shall confirm that they do not engage in or permit the use of coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Failure to confirm shall deem the offer non-responsive.

Section 787.06(2), Florida Statutes, defines “coercion”, “labor”, and “services” as follows:

• “Coercion” means: (1) using or threatening to use physical force against any person; (2) restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; (3) using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

(4) destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; (5) causing or threatening to cause financial harm to any person; (6) enticing or luring any person by fraud or deceit; or (7) providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03, Florida Statutes, to any person for the purpose of exploitation of that person.

• “Labor” means work of economic or financial value.

• “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

Execution of any contract resulting from the award of this solicitation shall require respondents to attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Respondents are cautioned to review this form in detail as it is a firm requirement of the Contract. The Human Trafficking Affidavit can be found at on the County's

Forms and Resources website (https://www.ocfl.net/vfr).

2.29. Inaccurate Information

Any Proposer who submits in its Proposal to the County any information that is determined by the

County, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0893/Sections/0893.03.html https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Human%20Traffic%20Template.docx https://www.ocfl.net/vfr)

2.30. Request for Proposals (RFP) is not an Agreement

The Proposer understands that this RFP does not constitute an agreement or contract with the

Proposer.

2.31. Pricing Proposal Errors

Proposers shall enter all pricing information directly into the County’s designated electronic pricing proposal form. Proposers are responsible for ensuring that all entries are accurate, properly formatted, and complete prior to submission.

If numerical discrepancies occur within the submitted pricing, the County will apply the following rules for resolution:

• Unit prices shall govern over extended totals.

• Mathematical errors in extensions or summations will be corrected based on the stated unit prices.

• In the event of any conflict between words and numeric figures, the written word will govern.

Notwithstanding the above, errors that prevent accurate evaluation, such as misplaced commas, misplaced decimals, or incomplete pricing entries, may result in the offer being deemed non-responsive and rejected from further consideration.

The County’s electronic submittal system will record the timestamp of receipt, and the last submitted version prior to the deadline shall be considered the official submittal.

2.32. Oral Presentations

At this time, oral presentations are not contemplated for this procurement.

The County reserves the right to require oral presentations from selected Proposers. Oral presentations may be used to further assess, clarify, and evaluate one or more evaluation criteria, as provided in Selection Criteria. Scoring resulting from the oral presentations will supersede the scoring of the written proposals for the criteria evaluated during the oral presentation and may result in adjusted rankings. Failure to participate in an oral presentation, if requested, will result in the proposal being deemed non-responsive.

2.33. Debriefing of Proposers

Not later than thirty (30) days after approval of a selection or shortlist, a proposer may submit a written request to the applicable contract administrator or purchasing agent for a debriefing on the evaluation of their proposal. The contract administrator/purchasing agent will schedule a meeting with the proposer for the debriefing. However, at the proposer’s request, the debriefing may be conducted via telephone conference, or the proposer may request a copy of the digital recording of the selection for a https://procurement.opengov.com/portal/orangecountyfl/projects/216730/document?section=2036177 fee as listed in the County Fee Schedule. The debriefing shall include the following minimum information:

1. Key requirements of the solicitation.

2. The overall ranking of all proposals.

3. The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

4. If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable.

5. If applicable, a summary of the rationale for award.

6. Responses to any relevant questions of the proposer.

Untimely debriefing requests will also be considered.

2.34. Substitute Material and Equipment

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items.

Whenever materials or equipment or patented processes are specified or described in the Contract

Documents by naming a trade name, manufacturer, supplier or proprietary item or catalog number, the naming of the item is intended to establish the type, function and quality required and to establish a basis for bidding.

Substitute materials or equipment may be considered after a Contract for the Work is executed if sufficient information is supplied by Contractor to allow Project Manager to evaluate the proposed substitution, unless the naming of the item is followed by words indicating that no substitution is permitted. The procedure for submittal of any such application by Contractor and consideration by

Project Manager is set forth in the General Conditions of the Contract.

In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, then the difference in cost of the item shall benefit the County and

Contractor in equal proportions.

Applications for substitute materials and equipment shall only be evaluated after the Contract is executed.

2.35. Supporting Documentation

The County shall require the selected Design-Builder to provide the following documentation to support the design and contract management negotiated Contract.

A. Scope of service as revised during contract negotiations. Note that changes should serve to clarify the scope and not add or delete from the scope of work as contained in the Request for

Qualifications or this RFP.

B. Billable hourly rates for each proposed sub-consultant developed by multiplying the raw labor rates by the breakeven multiplier. This information must be certified by an officer of the firm. Breakeven multiplier includes direct and indirect labor, general administrative and overhead costs. The profit or operating margin must be clearly indicated.

C. Valid insurance certificate(s) evidencing contractually required coverage.

2.36. Duty to Update Information

By submitting a Proposal in response to this RFP, Proposer asserts and affirms that all information submitted in its Proposal, including the information on the Forms attached thereto, remains true and accurate. Proposer acknowledges an ongoing duty to update the Design-Build Firm’s information set forth on Form A and shall submit updated information and/or forms as necessary. No changes to key personnel, subcontractors, or information submitted on any other Forms shall be acceptable and may result in disqualification from consideration.

2.37. Supporting Documentation

The County shall require the selected Design-Builder to provide the following documentation to support the design and contract management negotiated Contract.

A. Scope of service as revised during contract negotiations. Note that changes should serve to clarify the scope and not add or delete from the scope of work as contained in the Request for

Qualifications or this RFP.

B. Billable hourly rates for each proposed sub-consultant developed by multiplying the raw labor rates by the breakeven multiplier. This information must be certified by an officer of the firm. Breakeven multiplier includes direct and indirect labor, general administrative and overhead costs. The profit or operating margin must be clearly indicated.

2.38. Duty to Investigate Site Conditions

Proposers should carefully examine the site of the proposed work before Proposal submission and make all necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all work required pursuant to the mandates and requirements of this Proposal. Design-

Builder is solely responsible for fulfilling, in every detail, all of the requirements of the Contract

Documents. Conditions or difficulties that arise due to Design-Builder’s failure to make the necessary examinations and/or investigations shall not be accepted as an excuse for a failure or omission on the part of the Design-Builder, nor will they be accepted as a basis for any claims whatsoever for extra compensation or for extra time.

3. Project Scope and Objectives

3.1. PROJECT DESCRIPTION AND SCOPE OF SERVICES

PROJECT DESCRIPTION

The County plans to select one Design-Builder under this solicitation to perform engineering, permitting, and construction services for the Utilities Administration Building (UAB) Floating PV Array. The project goal is to maximize renewable energy generation capacity within the available pond area while maintaining the pond’s stormwater management function and complying with all applicable regulatory requirements. Power generated by this system will directly power the County’s Administration Building.

This project supports the County’s broader sustainability and energy management objectives, showcasing innovative renewable energy applications.

SCOPE OF SERVICES

The selected Design-Builder shall provide all services necessary to deliver a fully operational floating solar PV system (minimum of 750 kW-AC). Services include project management, engineering, permitting, procurement, construction, testing, commissioning, and interconnection.

The Design-Builder is responsible for the complete design-build delivery of the system and shall ensure compliance with all applicable codes, standards, and permit conditions. Design-Builder acts as Project

Manager as point of contact, providing all on-site project management and coordination with Owner.

Services that may be required for this project are outlined in Scope of Work, Technical Specifications, and Drawings under Solicitation Documents.

3.2. LOCATION OF SOLICITATION DOCUMENTS

Please refer to the section titled Solicitation Documents to access all necessary technical documentation and attachments related to this solicitation.

https://secure.procurenow.com/portal/orangecountyfl/projects/216730/document?section=2036183

4. Insurance Requirements

4.1. Insurance Requirements

The Contractor shall maintain on a primary basis and at its sole expense, at all times throughout the duration of this Contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County’s review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities assumed by Contractor under this Contract. The Contractor shall maintain any coverage required by federal and state workers’ compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time. Insurance carriers providing coverage shall be authorized and/or eligible to do business in the State of Florida and shall possess a current A.M. Best’s Financial Strength Rating of A- Class VIII.

The Contractor shall require and ensure that each of its subcontractors maintain insurance until the completion of their work under any contract associated with this Contract. Failure of the Contractor to maintain insurance coverage for itself or for any other persons or entities for whom it is responsible or to ensure that its subcontractors maintain coverage shall not relieve the Contractor of any contractual responsibility, obligation or liability.

If the CONTRACTOR intends to bid on this Contract as a Joint Venture then all insurance coverage required herein shall include the Joint Venture as “named insured”. If the Joint Venture has no employees then this requirement is waived for workers’ compensation. The Joint Venture shall also purchase discontinued completed operations coverage for any claims made after the dissolution of the Joint Venture. This coverage shall be for a period of two years following final completion of the project or continuing service contract.

The minimum types and amounts of insurance inclusive of any amount provided by an umbrella or excess policy, shall be as indicated herein.

When a self-insured retention or deductible exceeds $100,000 the County reserves the right to request a copy of the Contractor’s most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis the Contractor agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period

(SERP) during the life of this contract the Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years.