Eastern_Water_Reclamation_Facility_(EWRF)_Electrical_and_Mechanical_Upgrades_(Addendum_#3_Revision).pdf

INVITATION FOR BIDS

Y26-604

EASTERN WATER RECLAMATION FACILITY (EWRF) ELECTRICAL

AND MECHANICAL UPGRADES

Orange County, Florida

400 E South Street

Orlando, FL 32801

RELEASE DATE: March 25, 2026

DEADLINE FOR QUESTIONS: April 10, 2026, 5:00 pm

RESPONSE DEADLINE: April 30, 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

INVITATION FOR BIDS

Eastern Water Reclamation Facility (EWRF) Electrical and Mechanical

Upgrades

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

III. Scope of Services / Specifications IV. Business Development V. Insurance Requirements

VI. Bond Requirements VII. Contract Terms and Conditions

VIII. Special Terms and Conditions IX. Bid Response Form (Submittal) X. Fee Schedule

XI. Required Contract

Attachments:

A - Y26-604 Specificiations & Scope of Work

B - Y26-604 Drawings- Plans

C - Y26-604 Ring Power Sole Source Information

Invitation for Bids #Y26-604 Title: Eastern Water Reclamation Facility (EWRF) Electrical and Mechanical Upgrades

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 Eastern Water Reclamation Facility (EWRF) Electrical and Mechanical Upgrades (Y26-

604)

Sealed offers for furnishing the above will be accepted up to 4:00 pm EST on Thursday, April 30, 2026.

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, April 10, 2026 at 5:00 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 https://procurement.opengov.com/login 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 louis.straffi@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

Project Contact:

Louis Straffi

Contracting Agent

Email: louis.straffi@ocfl.net

Phone: (407) 836-5635

Procurement Contact:

Louis Straffi

Contracting Agent

Email: louis.straffi@ocfl.net

Phone: (407) 836-5635 mailto:louis.straffi@ocfl.net tel:(407)836-5635 mailto:louis.straffi@ocfl.net tel:(407)836-5635

Department:

Utilities, Engineering

1.4. Timeline

Release Project Date March 25, 2026

Pre-Solicitation Meeting (Non-Mandatory) April 2, 2026, 2:00pm

In-Person Pre-Bid Conference Meeting

A non-mandatory Pre-Bid Conference will be held in person at the Eastern Water Reclamation Facility

(EWRF), located at 1621 S Alafaya Trail, Orlando, FL

32828 at 2:00PM EST.

A site visit will be conducted immediately following the meeting. Attendance is not mandatory but is highly encouraged as this will be the only opportunity the County will allow for a site visit.

Question Submission Deadline April 10, 2026, 5:00pm

Submission Deadline April 30, 2026, 4:00pm

2. Solicitation Terms & Conditions

2.1. Contract Award

Award shall be made on an all-or-none total (or estimated total) basis to the lowest responsive and responsible Respondent.

Failure to provide pricing for ALL line items shall render the response non-responsive.

2.2. Inspection of Worksite

It is the Respondent’s responsibility to become fully informed as to the nature and extent of the work required, local site conditions and any other factors that may impact performance of the contract.

The responsibility to inspect the worksite is the sole responsibility of the Respondent. Arrangement for

Respondent's inspection of facilities and/or activity schedules may be secured from Louis Straffi, Contracting Agent, email louis.straffi@ocfl.net, telephone (407) 371-4456.

After contract award, no additional compensation shall be made as a result of differences between actual labor and materials required to complete the project and the contract amount.

2.3. License, Certification and Authorization

Respondent shall provide copies of all applicable licenses, certifications and authorizations required to lawfully perform the proposed work.

2.4. Bid Acceptance Period - One Hundred Twenty (120) days

A bid 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.

2.5. Proprietary/Restrictive Specifications

If a prospective respondent considers the specification contained herein to be proprietary or restrictive in nature, thus potentially resulting in reduced competition, they are urged to contact the Procurement

Division prior to the question submission deadline. Specifications which are unrelated to performance will be considered for deletion via addendum to this solicitation.

2.6. Surety Requirements - Bonds

BID BOND

A Bid, Payment and Performance Bond are a requirement when the offer/contract amount exceeds

$100,000. Respondents shall attach an electronic copy of their bid bond for responsiveness. Submission of the bid bond, along with a certified and effectively dated copy of the power of attorney, shall be completed and signed by all required parties and submitted on the form provided in the solicitation.

Submittal of a bid bond less than 10% of the total estimated contract amount for base period, shall result in the bid being deemed non-responsive.

mailto:name@email.com

In order to be acceptable to the County, the Surety company issuing the Bid Bond shall meet and comply with the minimum standards described in #Bond Requirements, “Qualifications of Surety Companies”.

Failure to submit a Bid Bond from a Surety Company meeting these minimum standards shall result in rejection of the offer.

ALTERNATIVE SURETY

In the alternative, a Certified Check, or a Cashier's Check shall be required to accompany each electronic offer in a stated dollar amount of not less than ten (10%) percent of the sum of the total estimated contract amount for the base period.

Checks shall be submitted to the Procurement Division; Internal Operations Centre II, 400 E. South

Street; 2nd Floor, Orlando, FL 32801 on or before the submission deadline of 4:00 pm EST, Thursday, April 30, 2026.

Respondent’s must indicate on the outermost sealed envelope the following:

1. Eastern Water Reclamation Facility (EWRF) Electrical and Mechanical Upgrades (Y26-604)

2. Deadline: Thursday, April 30, 2026.

3. Name of Respondent

4. Return Address of the Respondent

Submittal of a Certified Check, or a Cashier's Check in an amount less than ten (10%) percent shall result in rejection of the Proposal. Certified checks or cashier's checks shall be drawn on a solvent bank or trust company to the order of the Board of County Commissioners, Orange County, Florida and shall have all necessary documentary revenue stamps attached, if required by law. Personal checks shall not be accepted and shall result in rejection of the Proposal.

Failure to submit alternative surety prior to the submission deadline of4:00 pm EST,Thursday, April 30, 2026 shall result in rejection of the entire Proposal (electronic submittal). The time/date stamp clock located in the Procurement Division shall serve as the official authority to determine lateness of any alternative surety. Checks received after the stated deadline will be returned unopened.

2.7. 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.

2.8. 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.

https://secure.procurenow.com/portal/orangecountyfl/projects/233384/document?section=2217411

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

2.9. No Reciprocal Preference

The County's option to award a reciprocal preference, provided in the Orange County Code of

Ordinances, Sec. 17-310, Competitive sealed bid process, is waived and shall not be applicable to this solicitation award.

2.10. Price/Delivery

Price(s) offered must be the price(s) for new goods, unless otherwise specified. Any offers containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

“Acceptance” as herein used means the acceptance by Orange County after the Manager, Procurement

Division or authorized agent has, by inspection or test of such items, determined that they fully comply with specifications.

Deliveries resulting from this offer are to be performed during the normal working hours of the

County. Time is of the essence and the Contractor’s delivery date must be specified and adhered to.

Should the Contractor, to whom the order or contract is awarded, fail to deliver on or before the stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere, and the Contractor shall be required to compensate the County for the difference in price paid for the alternate goods. The Contractor shall be responsible for making any and all claims against carriers for missing or damage goods. Partial shipments will be acceptable unless otherwise stated.

2.11. 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).

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

2.12. Acceptance/Rejection/Cancellation

The County reserves the right to accept or to reject any or all offers and to make the award to that respondent who, in the opinion of the County, will be in the best interest of and/or the most advantageous to the County. The County also reserves the right to reject the offer of any respondent who has previously failed in the proper performance of an award, to deliver on time contracts of a similar nature, or who, in the County’s opinion, is not in a position to perform properly under this award.

The County reserves the right to inspect all facilities of respondents in order to make a determination as to the foregoing. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a re-solicitation. Award will be made to the lowest responsive and responsible respondent as determined by the County.

The County reserves the right, and the Manager, Procurement Division has 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.

2.13. Certification of Independent Price Determination

By submission of this offer, the Respondent certifies, and in the case of a joint offer each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this offer have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other respondent or with any competitor.

B. Unless otherwise required by law, the prices which have been offered in this proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to opening, directly or indirectly to any other respondent or to any competitor; and, C. No attempt has been made or shall be made by the Respondent to induce any other person or respondent to submit or not to submit an offer for the purpose of restricting competition.

2.14. No Bid

Where more than one item is listed, any items not bid upon shall be indicated as “NO BID”.

Respondents are cautioned that indicating "NO BID" on solicitations requiring all-or-none offers may result in the offer being deemed non-responsive.

2.15. Bid Tabulation and Recommended Award

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

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.

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 https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b http://apps.ocfl.net/orangebids/bidresults/results.asp. Unsuccessful Respondents will not be notified, unless a request is submitted in accordance with this paragraph.

2.16. References

Each similar project listed should be listed with complete information as specifically provided on

County’s provided reference form. The specific information on references should be provided on the reference form. Do not attach listings of reference information.

All Respondents should submit the requisite number of similar projects. Each such project must be verified by the county in order to be deemed responsible under this “references” section. Failure to provide reference information as requested or failure to conform to the County’s form requirements may result in the rejection of your bid.

RESPONDENTS ARE ADVISED TO CONFIRM THAT:

a. Each reference provided by the Respondent has up to date contact persons and contact information;

b. The contact person provided for each reference is someone who has personal knowledge of the

Respondent’s performance during the referenced project; and

c. The contact person for each reference has been contacted by the Respondent regarding this specific bid submittal and such person confirmed their willingness to serve as a reference.

THE COUNTY WILL CONTACT THE REFERENCES PROVIDED AND WILL REJECT ANY AND ALL REFERENCES

FOR SIMILAR PROJECTS THAT IT IS UNABLE TO INDEPENDENTLY VERIFY.

2.17. General Clarifications

Notwithstanding anything to the contrary herein, without assuming any obligation to do so, the County reserves the right to seek clarifications by allowing Respondents the opportunity to supplement or correct their submittals as follows. However, except in the case of a sole Respondent, negotiations to the fee proposal or material changes to the offer and its terms will not be permitted.

1. References

Respondents may be permitted to submit additional references or similar project documentation.

Outreach shall be conducted with—at minimum—the three (3) lowest Respondents for supplemental submission of references. Any such opportunity to supplement or correct granted to a Respondent by the County shall expire at 11:59 p.m. county local time on the second full county business day following the date the Respondent receives the County’s request for supplementation. No additional time or consideration shall be granted thereafter.

2. Other Documentation

The County reserves the right to allow Respondents to submit omitted or corrected qualification criteria such as resource confirmations, license copies, and compliance forms. Any such opportunity to http://apps.ocfl.net/orangebids/bidresults/results.asp supplement or correct granted to a Respondent by the County shall expire at 11:59 p.m. county local time on the second full county business day following the date the Respondent receives the County’s request for supplementation. No additional time or consideration shall be granted thereafter.

3. Gross Deficiencies in Submittals

Respondents demonstrating gross negligence in their submittals may receive no additional time or consideration from the County. A Respondent is deemed grossly negligent in their submittal when they fail to submit an irrevocable offer, submit only a bid form (fee) while fully omitting all qualification criteria and compliance forms, or otherwise fail to meet the fundamental requirements of the solicitation.

4. Responsibility Determination

The County’s decision to seek clarification from a Respondent does not guarantee a determination of responsiveness or responsibility. Respondents permitted to clarify, supplement or correct their submittals may still ultimately be deemed non-responsive or non-responsible based on other considerations, including but not limited to the overall content of their submittal and any documented history of negative performance on previous County projects.

2.18. Joint Venture Requirements

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

2.19. Posting of Recommended Award and Protests

The recommended award 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 posted for a period of five (5) full business days.

Orange County Lobbyist Regulations General Information:

http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx https://www.ocfl.net/Portals/0/Library/Vendor%20Services/forms/Joint-Venture-Eligibility-Form-CERT.pdf https://www.ocfl.net/Portals/0/Library/Vendor%20Services/forms/Joint-Venture-Eligibility-Form-CERT.pdf https://www.ocfl.net/vfr http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the

Contractor. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The County 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 black-out period restrictions of Ordinance No.

2002-15.

Orange County Protest Procedures:

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

Failure to file a protest with the Manager, Procurement Division by 5:00 PM on the fifth full business day after posting, shall constitute a waiver of bid protest proceedings.

2.20. Offer and Related Costs

By submission of an offer, 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.

2.21. Contractual Agreement

This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be 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.

2.22. 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 a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids 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.

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

2.23. Florida Convicted/Suspended/Discriminatory Complaints

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

Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

2.24. Conflict of Interest

The award is subject to provisions of applicable State Statutes and County Ordinances. All Respondents must disclose with their bid 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 Respondent permanently or temporarily hire any County employee who is, or has been, directly involved with the Contractor prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the County.

2.25. 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 bid 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 listing of the most frequently asked questions concerning these forms is provided within each form for your information.

2.26. Payment Terms/ Discounts

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

Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for bid evaluation purposes.

2.27. Clarifications

It is the Respondent's responsibility to become familiar with and fully informed regarding the terms, conditions and specifications of this Invitation for Bids. Lack of understanding and/or misinterpretation of any portions of this Invitation for Bids shall not be cause for withdrawal of your bid after opening or for subsequent protest of award. Respondent's must contact the Procurement Division using the contact information herein prior to the bid question/answer deadline, should clarification be required.

Modification or alteration of the documents contained in the solicitation or contract shall only be valid if mutually agreed to in writing by the Respondent and the County.

2.28. Pricing Errors

If an error is committed in the sub-total extension of an item or the overall total, the unit price as shown in the Respondent's submittal will govern.

Errors between any amount computed erroneously, and the correct amount thereof will be resolved in favor of the correct amount based on the unit price.

Any discrepancy between words and numbers will be resolved in favor of the written words.

2.29. Execution Of Written Contract

The successful Respondent will be required to sign a written Contract which has been made a part of this Bid Package and identified as the #Required Contract. Said written Contract will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the

County to this Respondent; said signing to be accomplished within ten (10) days after receipt of Notice of Award.

2.30. 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:

https://procurement.opengov.com/portal/orangecountyfl/projects/233384/document?section=2217405

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.

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 bid amount;

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

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

Respondent’s answers to any of the questions in the bid 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).

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

https://www.orangecountyfl.net/Portals/0/Library/Vendor%20Services/docs/Human%20Traffic%20Template.docx https://www.ocfl.net/vfr)

3. Scope of Services / Specifications

3.1. 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/233384/document?section=2217415

4. Business Development

Internal Operations Centre II, 2nd Floor | 400 E South Street, Orlando, FL 32801

Phone: (407) 836-7317 | Fax: (407) 836-5477 |

BusinessDevelopment@ocfl.nethttps://www.orangecountyfl.net/VendorServices/MinorityVendors.as px

4.1. Bid Preference - Registered Service Disabled Veteran Business Ordinance

In accordance with the Registered Service Disabled Veteran Business Ordinance, award of a contract resulting from this Invitation for Bids may be made to the lowest responsive and responsible registered prime Service Disabled Veteran respondent provided that the bid does not exceed the overall lowest responsive and responsible respondent by the following percentages for the bid amounts listed:

A. 8% - Bids Up To $100,000

B. 7% - Bids Greater Than $100,000 to $500,000

C. 6% - Bids Greater Than $500,000 to $750,000

D. 5% - Bids Greater Than $750,000 to $2,000,000

E. 4% - Bids Greater Than $2,000,000 to $5,000,000

F. 3% - Bids Greater Than $5,000,000 https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx https://www.orangecountyfl.net/VendorServices/MinorityVendors.aspx

5. Insurance Requirements

5.1. Limits and Forms

The Vendor/Contractor agrees to maintain, on a primary basis and at its sole expense, the following types of insurance coverage with limits and on forms (including endorsements) as described herein at all times throughout the duration of this contract. These requirements, as well as the County’s review or acceptance of insurance maintained by the Vendor/Contractor, is not intended to and shall not in any manner limit or qualify the liabilities assumed by the Vendor/Contractor under this contract. The

Vendor/Contractor is required to 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.

The Vendor/Contractor shall require and ensure that each of its sub-Vendors/sub-Contractors providing services hereunder (if any) procures and maintains insurance of the types and to the limits specified herein until the completion of their respective services.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VIII or better.

(Note: State licenses can be checked via www.floir.com/companysearch/ and A.M. Best Ratings are available at www.ambest.com)

5.2. Commercial General Liability

The Vendor/Contractor shall maintain coverage issued on the most recent version of the ISO form, as filed for use in Florida or its equivalent, with a limit of liability of not less than $1,000,000 per occurrence. The Vendor/Contractor further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds.

The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit.

Required Endorsements:

• Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents. Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations

• Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent. Note: If blanket endorsements are being submitted, please include the entire endorsement and the applicable policy number.

5.3. Commercial (Business) Automobile Liability

The Vendor/Contractor shall maintain coverage for all owned/non-owned and hired vehicles issued on the most recent version of the ISO form, as filed for use in Florida or its equivalent, with limits of not less than $1,000,000 per accident. In the event the Vendor/Contractor does not own automobiles, the

Vendor/Contractor shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto

Liability policy.

5.4. Workers' Compensation

The Vendor/Contractor shall maintain coverage for its employees with statutory workers' compensation limits and no less than $500,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case-by-case basis. Any

Vendor/Contractor using an employee leasing company shall complete the Leased Employee Affidavit.

Required Endorsements:

• Waiver of Subrogation- WC 00 03 13 or its equivalent

5.5. Pollution Liability

The Vendor/Contractor shall maintain coverage with a limit of not less than $1,000,000 per occurrence/claim.

5.6. Builders Risk

If this Contract includes: (1) construction of a new above-ground structure or structures, (2) any addition, improvement, alteration, or repair to an existing structure or structures, or (3) the installation of machinery or equipment into an existing structure or structures, the Contractor shall maintain builders’ risk insurance providing coverage to equally protect the interests of the County, the

Professional, the Contractor and subcontractors of any tier. Coverage shall be written on a completed value form in an amount at least equal to 100% of the estimated completed value of the project plus any subsequent modifications of that sum.

The coverage shall be written on an “all-risk” basis and shall, at a minimum cover the perils insured under the ISO CP 10 30 Special Causes of Loss Form and shall include property in transit and property stored on or off premises, which shall become part of the project. The Contractor agrees not to maintain a wind or flood sub-limit less than 25% of the estimated completed value of the project. The Contractor agrees any flat deductible(s) shall not exceed $25,000, and any wind percentage deductible (when applicable) shall not exceed five-percent (5%). The coverage shall not be subject to automatic termination of coverage in the event the project/building is occupied in whole or in part, or put to its intended use, or partially accepted by the County. If such restriction exists the Contractor shall request that the carrier endorse the policy to amend the automatic termination clause to only terminate coverage if the policy expires, is cancelled, the County’s interest in the project ceases, or the project is accepted and insured by the County.

5.7. Additional Requirements

When a self-insured retention or deductible exceeds $100,000 the County reserves the right to request a copy of the Vendor/Contractor’s most recent annual report or audited financial statement. For policies written on a “Claims-Made” basis, the Vendor/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 Vendor/Contractor agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Vendor/Contractor of the obligation to provide replacement coverage.

By entering into this contract, the Vendor/Contractor agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery in favor of the County for the workers’ compensation and general liability policies as required herein. When required by the insurer, or should a policy condition not permit the Vendor/Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, then the Vendor/Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement.

Prior to execution and commencement of any operations/services provided under this contract, the

Vendor/Contractor shall provide the County with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Vendor/Contractor shall also provide endorsements for each policy as specified above.