RFP_Y26-1014-KK_Recovered_Materials_Processing_Services.pdf

PROCUREMENT DIVISION

Issue Date: August 18, 2026

NOTICE IS HEREBY GIVEN that Orange County, Florida, henceforth referred to as the County is accepting sealed proposals for:

REQUEST FOR PROPOSALS #Y26-1014-KK

RECOVERED MATERIALS PROCESSING SERVICES

Copies of the Request for Proposals (RFP) documents may be obtained from Orange County by download at: https://secure.procurenow.com/portal/orangecountyfl

PROPOSAL SUBMISSION DUE DATE:

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Thursday, October 1, 2026, via the electronic procurement portal referenced above.

To maintain a secured sealed process electronic submissions are required to be made through the OpenGov Procurement portal only at: https://secure.procurenow.com/portal/orangecountyfl.

Firms 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 Procurement portal shall be rejected.

PRE-PROPOSALS CONFERENCE:

A Non-Mandatory Pre-Proposal Conference will be held at 1:30 PM on Wednesday, August 26, 2026 Attendance is not mandatory but is encouraged.

This meeting will be hosted virtually, via Webex, and can be accessed at the following link:

Meeting link: https://ocfl.webex.com/ocfl/j.php?MTID=m978cb332351f3e2499b10cfcff537896

Meeting number: 2349 279 2983

Meeting password: Go2Meeting

Join from a video system or application Dial 23492792983@ocfl.webex.com You can also dial 173.243.2.68 and enter your meeting number.

Join by phone: 1-408-792-6300 Toll Access code: 23492792983

Global call-in numbers https://ocfl.webex.com/ocfl/globalcallin.php?MTID=mb64a26314585aafc6a11504a220507cd https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=m978cb332351f3e2499b10cfcff537896

NOTICE TO PROPOSERS:

To ensure that your proposal is responsive, Proposer’s are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point-of-contact for this solicitation is Kaitlin Kolhoff, Contracting Agent at Kaitlin.Kolhoff@ocfl.net.

QUESTIONS:

All questions or concerns regarding this Request for Proposals shall be submitted by email to Kaitlin.Kolhoff@ocfl.net, no later than 5:00 PM (local time) Wednesday, September 2, 2026. to the attention of Kaitlin Kolhoff, Procurement Division, referencing the RFP number. Please note this includes any proposed redlines, recommendations, or exemptions to the Draft Contract.

mailto:__________@ocfl.net

PURPOSE:

The Board of County Commissioners Orange County, Florida (BCC) intends to select one Contractor to receive County collected single-stream recyclable Program Materials, to be weighed, accepted, processed, and marketed through a materials recovery facility (MRF), known under state of Florida regulations as a Recovered Material Processing Facility (RMPF), according to the defined Scope of Work below (“Recovered Materials Processing Services” or “RMPF Services”).

Work will commence on or before January 1, 2030, for a 15-year Contract Operating Term with the ability to extend the Contract through two (2) five-year renewal periods, by mutual consent.

The Contractor shall provide a Material Recovery Facility (Designated MRF) in Orange County, Florida within a 17-mile geodesic radius of the County Landfill Offices located at 5901 Young Pine Road, Orlando, FL 32829.

In exchange for County Processing Fee per ton payment, the Contractor shall execute the enclosed specifications/Scope of Work for RMPF Services at the Designated MRF, including processing delivered Loads of transported Program Materials and marketing commodities.

As part of the proposal, Proposers are instructed to provide a separate direct Transfer Station Transfer and Transport Fee (TTF) price per ton for County Designated Transfer Station(s) (i.e., the County’s McLeod Road Transfer Station), which could be used at the County’s option, for a portion of the collected tons each month. The TTF Fee will be considered as part of the Scope and Specifications submission but will not be part of the Fee Schedule 1 evaluation.

1. The Contractor shall provide a sufficient number of long-haul Live Load Trailers which are compatible with County Designated Transfer Station operations, including equipment, loading bay dimensions, and height limitations meeting legal requirements for storage and transport of Program Materials.

2. Live Load Trailers will be loaded by the County.

3. The Contractor shall transport full Live Load Trailers of Program Materials to the Contractor’s Designated MRF and execute all other defined RMPF specifications and Scope of Work.

CURRENT COUNTY RMPF SERVICES CONTRACT:

The County has a current RMPF Services contract with Waste Management Inc. of Florida, CONTRACT #Y3-1021 Transfer, Processing, and Marketing of Recyclables. Waste Management Inc. of Florida has been the provider for RMPF Services for more than two decades, both by operating the now closed MRF at the County landfill, and by transferring and transporting Program Materials from the County landfill on Young Pine Road and providing transport services at McLeod Road Transfer Station. The material accepted for Processing then goes to remote MRFs in Florida, variably located in either Cocoa, Tampa, or Pembroke Pines.

REFERENCE DOCUMENTS AND BACKGROUND INFORMATION:

Background information concerning the Project can be accessed via the following link:

https://ocfl.box.com/s/s4sjbhjcg3bvl0bhyfz6hwai1jcppk61

The County’s website currently provides access to the following reports and materials including, but not limited to:

https://ocfl.box.com/s/s4sjbhjcg3bvl0bhyfz6hwai1jcppk61

• County RMPF Agreement with Waste Management Inc. of Florida, as amended

• Interlocal Agreement between Orange County and the City of Orlando

• Orange County and the City of Orlando Joint Planning Agreement

• Accepted Program Materials Composition Study, 11/21/24

Each Proposer is encouraged to review these documents and all of the other information available at this website before the Proposer responds to this RFP.

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TABLE OF CONTENTS

DESCRIPTION PAGE

SECTION 1: GENERAL TERMS AND CONDITIONS 1-18

- INSTRUCTION TO PROPOSERS 1

- QUESTIONS REGARDING THIS RFP 1

- CONTRACT TERM 2

- INSURANCE REQUIREMENTS 3

- SECURITY FORFEITURE 6

- PERFORMANCE BOND 6

- QUALIFICATIONS OF SURETY COMPANIES 7

- WITHDRAWAL OF PROPOSAL 9

- REFERENCE CHECKS 13

- CONFIDENTIAL INFORMATION 13

- MISTAKES 15

SECTION 2: SPECIFICATIONS/SCOPE OF SERVICES 1-35

SECTION 3: PRICING, PAYMENTS AND FEES 1-11

SECTION 4: PROPOSAL SUBMISSION REQUIREMENTS 1-9

AND DOCUMENTATION

- STATEMENT OF NO PROPOSAL 1

- PREREQUISITE REQUIREMENTS 1

- PROPOSAL FORMAT 2-9

SECTION 5: SELECTION CRITERIA 1

SECTION 6: ATTACHMENTS

- FEE SCHEDULE 1: PROCESSING FEE

- FEE SCHEDULE 2: TRANSFER AND TRANSPORT FEE

- PROPOSAL COVER PAGE

- ACKNOWLEDGEMENT OF ADDENDA

- AUTHORIZED SIGNATORIES/NEGOTIATORS

- DRUG-FREE WORKPLACE FORM

- CONFLICT/NON-CONFLICT OF INTEREST FORM

- E-VERIFICATION CERTIFICATION

- RELATIONSHIP DISCLOSURE FORM

- RELATIONSHIP DISCLOSURE FORM - FREQUENTLY ASKED QUESTIONS (FAQ)

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- ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT

- EXPENDITURE REPORT- FREQUENTLY ASKED QUESTIONS (FAQ)

- AGENT AUTHORIZATION FORM

- LEASED EMPLOYEE AFFIDAVIT

- INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY

- SCHEDULE OF SUB-CONTRACTING - SDV PARTICIPATION FORM

- DISLOCATED WORKER PROPOSED HIRING INFORMATION

- PARENT COMPANY GUARANTOR ACKNOWLEDGEMENT

- PROPOSAL BOND

- PERFORMANCE BOND

- FORM A – MINIMUM QUALIFICATIONS

- FORM B – MUNICIPAL REFERENCES

- FORM C – FACILITY OPERATING EXPERIENCE

- FORM D – FINANCIAL STRENGTH AND SELF-REPORTED RISK ASSESSMENT

- FORM E – TECHNICAL APPROACH

- FORM F – DESIGNATED MRF LOCATION FORM

- ATTACHMENT 1 – QUANTITIES OF ORANGE COUNTY PROGRAM MATERIALS

- ATTACHMENT 2 – INSPECTION AND CONTAMINANT ASSESSMENT PROTOCOL

SECTION 7: DRAFT CONTRACT

- CONTRACT REDLINES AND EXCEPTIONS

- DRAFT CONTRACT

SECTION 1

GENERAL TERMS AND CONDITIONS

Section 1, General Terms and Conditions | Page 1

GENERAL TERMS AND CONDITIONS

1. INSTRUCTIONS TO PROPOSERS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl. Responses will be opened per the public meeting notice.

Offers by mail, hand-delivery, e-mail, telephone, or fax shall not be accepted.

Proposals submitted outside of the designated electronic submission portal shall be rejected as non-responsive regardless of where received.

The County shall not be responsible for delays caused by any occurrence. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any offer. The submission deadline shall be scrupulously observed. It is the sole responsibility of the proposer to ensure that their proposal reaches the Procurement Division. The decision to refuse to consider a proposal that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Code (Procurement Ordinance).

All proposals will be opened publicly in accordance with the public notice, and the names of all timely proposers shall be read aloud.

Public Openings are held each Wednesday at 9:30 AM and Friday at 9:30 AM. 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

2. QUESTIONS REGARDING THIS RFP

All questions or concerns regarding this Request for Proposals must be submitted in writing, by email as indicated on the cover page of this RFP, referencing the RFP number.

When required the Procurement Division will issue an addendum to the Request for Proposals. The addendum will be available on the Internet for access by potential proposers. Proposers are instructed not to contact the initiating division directly.

Proposers shall not direct any queries or statements concerning their proposal to the Orange County Procurement Committee or County staff during the selection process, from the time of submission of a proposal until the execution of a contract.

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

Section 1, General Terms and Conditions | Page 2

Any proposer who initiates any discussions with staff in any manner other than that described below is subject to disqualification from this procurement. However, you may contact the Contracting Agent at any time during this process, including during the Black Out Period.

No oral interpretation of this Request for Proposals 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 Procurement Division Manager.

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 proposer or other third party gains any rights by virtue of this provision or the application thereof, nor shall any proposer 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 'Procurement Contact Email.

Critical clarifications may be made via addenda; however, untimely questions may not be considered.

3. CONTRACT TERM

It is the intent of the County to enter into a 15 year term contract, with a renewal clause for two additional five-year terms for RMPF Services as described herein. The 15-year term will begin upon the Commencement Date.

At least 90 days prior to the Commencement Date, the County and the Contractor shall meet and mutually agree upon the Commencement Date. At least 75 days prior to the Commencement Date, the County will provide the Contractor with a notice of Commencement Date in writing. Upon receipt of the County’s Notice of Commencement, the Contractor shall have 15 days to provide required insurance and performance bond to the County for its review to assure conformance with the Contract requirements. Insurance shall be effective 20 days prior to the Commencement Date if necessary to support any facility testing using County Hauler trucks or County Recyclable Materials.

First Renewal Term - Upon mutual written agreement no later than 120 calendar days prior to the end of the Term, the County and the Contractor may renew this contract at the same terms and conditions for a Renewal Term of five years.

Second Renewal Term - Upon mutual written agreement no later than 120 calendar days prior to the end of the First Renewal Term, the County and the Contractor may renew this contract to the same terms and conditions for a second Renewal Term of five additional years.

Transition Period - For the County’s convenience, should the Contract terminate at the end of the initial Term or at the end of a renewal term, no later than 120 calendar days prior

Section 1, General Terms and Conditions | Page 3 to the end of the current Term, the County may extend an expiring term up 120 calendar days at the same terms and conditions by mutual agreement of both parties.

4. AWARD

It is the intent of the County to make one award based on the results of this RFP process.

Recommendation to Award shall be presented to the BCC for approval.

5. DRAFT CONTRACT

The Draft Contract in Section 7 of this agreement is provided for reference and redlining.

Proposed redlines, recommendations, and exceptions will only be considered for terms and conditions within the Draft Contract specified in Section 7.

Proposers are instructed to use the provided table format provided in Section 7, the Contract Redline and Exceptions Form, to articulate any proposed redlines to the Draft Contract provided in Section 7 during the question and answer period, to ensure transparency and proper evaluation. The form shall be submitted via email to Kaitlin.Kolhoff@ocfl.net.

Note, exceptions relating to Sections 1-6 will not be considered and should not be submitted. No changes or exceptions to the Draft Contract submitted with a proposal will be considered.

Proposers are reminded that the purpose of this Request for Proposals (RFP) is to conduct a structured evaluation of competitive proposals. Any deviations from the prescribed RFP format, submission requirements, or fee structure, especially those involving unapproved assumptions that may affect the fee proposal, may hinder the County's ability to evaluate proposals effectively and may result in the proposal being deemed non-responsive. Strict adherence to the submission guidelines is mandatory. Proposers are strongly encouraged to fully utilize the designated question and answer period to obtain all necessary clarifications before finalizing their proposals.

Modifications or alterations to the contract requested by proposer will only be deemed valid if mutually agreed upon in writing by both parties. The County has the right to require the selected respondent to sign the draft contract or to negotiate revisions to the contract language prior to execution of the contract, at its sole discretion.

6. INSURANCE

Vendor/Contractor agrees to 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 Vendor/Contractor is not intended to and shall not in any manner limit or qualify the liabilities assumed by Vendor/Contractor under this contract. 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 until the mailto:Kaitlin.Kolhoff@ocfl.net

Section 1, General Terms and Conditions | Page 4 completion of their respective services, insurance of the types and to the limits specified herein.

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)

Required Coverage:

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 $5,000,000 per occurrence.

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.

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 $5,000,000 (five million dollars) 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.

MCS-90- for operations governed by the Sections 29 & 30 of the Motor Carrier Act of 1980

Workers' Compensation - The Vendor/Contractor shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 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.

http://www.floir.com/companysearch/ http://www.ambest.com/

Section 1, General Terms and Conditions | Page 5

Waiver of Subrogation- WC 00 03 13 or its equivalent

Additional Required Coverage:

Pollution Liability- with a limit of not less than $2,000,000 per occurrence/claim.

When a self-insured retention or deductible exceeds $100,000 the County reserves the right to request a copy of Vendor/Contractor 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 (2) years. Purchase of the SERP shall not relieve the Vendor/Contractor of the obligation to provide replacement coverage.

By entering into this contract 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 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 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. All specific policy endorsements shall be in the name of Orange County. Florida.

For continuing service contracts renewal certificates shall be submitted immediately upon request by either the County or the County’s contracted certificate compliance management firm. The certificates shall clearly indicate that the Vendor/Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Vendor/Contractor shall notify the County not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Vendor/Contractor shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the County or its certificate management representative five (5) business days prior to the effective date of the replacement policy(ies).

The certificate holder shall read:

Orange County, Florida Risk Management Division 109 E. Church Street, Suite 200 Orlando, FL 32801

Section 1, General Terms and Conditions | Page 6

7. 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

8. SECURITY FORFEITURE

When proposal security has been required, if within 10 days after notification by the County of the County's approval to award the Contract, if the successful Respondent refuses or otherwise neglects to execute the required written Contract and fails to furnish the required Performance Bond , the amount of the Respondent’s Proposal security (Cashier's Check or Proposal Bond) shall be forfeited and the same shall be retained by the County. No plea of mistake in the Proposal or misunderstanding of the conditions of forfeiture shall be available to the Respondent for the recovery of his Proposal security or as a defense to any action.

9. PROPOSAL BOND

A Proposal Bond in the amount of seventy-five thousand dollars ($75,000) shall be completed and submitted with your proposal.

Submission of an original Proposal Bond (copy not acceptable) completed and signed by all required parties and shall be submitted on the form included herein, or in the alternative, a Certified Check, a Cashier's Check shall be required to accompany each proposal in the stated dollar amount. Submittal of a Proposal Bond less than the amount stated shall result in rejection of the response. Failure to submit the Proposal Bond on the form provided herein shall result in rejection of the proposal.

In order to be acceptable to the County, the Surety company issuing the Proposal Bond as called for in this solicitation, shall meet and comply with the minimum standards described in General Terms and Conditions, “Qualifications of Surety Companies”. Failure to submit a Proposal Bond from a Surety Company meeting these minimum standards shall result in rejection of the Response.

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 and shall have all necessary documentary revenue stamps attached, if required by law. Personal checks are not acceptable to the County. See General Terms and Conditions, "Qualifications of Surety Companies" for additional requirements.

10. PERFORMANCE BOND

Upon notice of award, when the contract amount exceeds $200,000, the Contractor shall execute and deliver to the County Performance Bond (See: Performance Bond Template) https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ocfl.net%2FPortals%2F0%2FLibrary%2FVendor%2520Services%2Fdocs%2FPerformance%2520Bond%2520Template.docx&data=05%7C02%7CKaitlin.Kolhoff%40ocfl.net%7C89179e0b93ad4cf5cbce08dedd041802%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C639191206799827654%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=Xijxb9MBXvn9F6cPprFJnHLhWahwCFtCm%2By4won4FzM%3D&reserved=0

Section 1, General Terms and Conditions | Page 7 as security for the faithful performance and completion of the Work included in the Contract Documents.

The Performance Bonds shall be in an amount equal to one-fifteenth (1/15) of the total Contract Award Amount (representing the estimated annual contract value). These Bonds 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- VI and must be included on the approved list of sureties issued by the United States Department of Treasury.

The bonds shall remain in full force and effect for the entire 15-year term of the Contract.

If the bonds are issued for a period of less than the full 15-year term, the Contractor shall provide renewal certificates, continuation certificates, or replacement bonds to ensure uninterrupted coverage for the duration of the Contract.

No less than 30 days prior to the expiration of any bond, the Contractor shall furnish to the County acceptable evidence of bond renewal, continuation, or replacement to maintain continuous coverage. Failure to maintain required bond coverage shall constitute a material breach of the Contract and may result in suspension of payments or termination in accordance with the Contract Documents.

Prior to execution of the Contract Documents the County may require the Contractor 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 Contractor.

If the Contract Award Amount is increased by Change Order, the Contractor shall ensure that the Performance Bond are amended accordingly and shall provide a copy of the amendment to the County.

The Contractor shall record the performance bond in Orange County public records as required by Florida Statutes, Chapter 255.05. Before commencing the work the Contractor shall provide to the Manager of the Procurement Division a certified copy of the recorded bonds. No payment will be made to the contractor until the contractor has provided a copy of the recorded bonds.

If the Surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the Work is located or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall within five days thereafter substitute another Bond with another Surety both of which shall be acceptable to the County.

11. QUALIFICATIONS OF SURETY COMPANIES

In order to be acceptable to the County, a Surety company issuing the Proposal Bond and/or the Performance Bond, if called for in these Specifications, shall meet and comply with the following minimum standards:

a. Surety must be admitted to do business in the State of Florida and shall, if applicable, comply with the provisions of Florida Statute 255.05.

Section 1, General Terms and Conditions | Page 8

b. Surety must be listed on the U.S. Department of Treasury Fiscal Service, Bureau of Government financial Operations, Federal Register, Part V, latest revision, entitled:

“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”.

c. All bonds shall be originals and issued or countersigned by a producing agent with satisfactory evidence of the authority of the person or persons executing such bond shall be submitted with the bond. Attorneys in fact who sign Proposal bond or performance bond must file with such bond a signed, certified copy of their power of attorney to sign such bond.

Agents of Surety companies must list their name, address and telephone number on all Bonds.

d. The life of the bonds shall extend 12 months beyond the end of the Term and shall contain a waiver of alteration to the terms of the Contract, extensions of time and/or forbearance on the part of the County.

e. Surety must have financial standing having a rating from A.M. Best Company (or other equivalent rating company) equal to or better than A- Class VI.

f. Should the Proposal and Performance Bonds be issued by co-sureties, each surety listed on the bond shall meet the requirements in paragraphs a. – e. above. In addition, each surety shall submit a power of attorney, and all signatures of the co-sureties representatives shall be notarized. The “lead” surety shall be identified for the purposes of underwriting and claims management.

FAILURE TO MEET ANY OF THE REQUIREMENTS CONTAINED ABOVE SHALL

RESULT IN REJECTION OF THE PROPOSAL.

12. POST AWARD MEETING

Within 10 days after receipt of notification of award, Contractor shall meet with the

County’s representative(s) to discuss job procedures and scheduling.

13. ACCEPTANCE/REJECTION/CANCELLATION

The County reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment best serves the interest of the County, or to award a contract to the next most qualified proposer if a successful proposer does not execute a contract within 30 days after approval of the selection by the BCC or other competent authority.

The County also reserves the right to reject the proposal of any proposer who has previously failed in the proper performance of an award or 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 proposers in order to make a determination as to the foregoing.

Section 1, General Terms and Conditions | Page 9

The County also reserves the right, and the Manager of Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the BCC when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

14. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/

REQUIREMENTS/ STATEMENTS OF WORK

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

This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

15. CLARIFICATION

The County reserves the right to request clarification of information submitted and to request additional information of one or more proposers.

16. WITHDRAWAL OF PROPOSAL

Any proposal may be withdrawn until the date and time set above for the submission of the proposals. Any proposals not so withdrawn shall constitute an irrevocable offer, for a period of 180 days, to provide to the County the services set forth in this Request for Proposals, or until one or more of the proposals have been awarded.

17. SEALED PROPOSALS

Proposals shall be submitted via the electronic submission portal at:

https://secure.procurenow.com/portal/orangecountyfl, prior to the submission deadline. Proposals will be opened and proposer names shall be disclosed per the public meeting notice.

18. PROPOSAL PREPARATION

Costs of preparation of a response to this request for proposals are solely those of the Proposer. The County assumes no responsibility for any such costs incurred by the Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with any administrative or judicial proceedings resulting from the solicitation process.

19. ACCOUNTING SYSTEM

The Contractor shall establish and maintain a reasonable accounting system, which enables ready identification of Contractor’s cost of goods and use of funds. The accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five years after completion of this contract. The County or designee shall have access to books, records, subcontract(s), financial operations, and documents of the Contractor or its

Section 1, General Terms and Conditions | Page 10 subcontractors, as required to comply with this section, for the purpose of inspection or audit anytime during normal business hours at the Contractor’s place of business. This right to audit shall include the contractor’s subcontractors used to procure goods or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractor(s) and suppliers.

20. PROCEDURES AFTER RECEIPT OF PROPOSALS

Proposals will be evaluated, scored and short-listed by a Procurement Committee based on the weighted criteria described herein. The County reserves the right to ask clarifying questions or conduct oral interviews as part of its evaluation process. Further information regarding this process will be included in a future addendum, if applicable.

21. SHORTLISTS, PROTESTS AND LOBBYING

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 full business days.

Orange County Lobbyist Regulations General Information http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

A lobbying blackout period shall commence upon issuance of the solicitation until the BCC selects the Contractor. For procurements that do not require BCC approval, the blackout period commences upon solicitation issuance and concludes upon contract award.

The BCC 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 Procurement Manager by 5:00 PM on the fifth full business day, after posting, shall constitute a waiver of protest proceedings.

Information regarding Procurement Committee scheduling and BCC approvals is available by calling the Procurement Reception Desk at (407) 836-5635.

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_infor mation/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_ve ndor_list http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx 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 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list

Section 1, General Terms and Conditions | Page 11

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 proposal on a contract with a public entity for the construction or repair of a public building or public work, shall not submit proposals on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor 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 36 months from the date of being placed on The Convicted Vendor List.

23. AVAILABILITY OF FUNDS

The obligations of the County under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the BCC or other specified funding source for this procurement.

24. TOBACCO FREE CAMPUS

All Orange County operations under the BCC shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to contractors and their personnel during contract performance on county-owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies.

25. SINGLE-USE PRODUCTS

The BCC has established a single-use products and plastic bags policy intended to reduce the use of products which have become globally recognized as having lasting negative impacts on the environment.

Neither single-use products nor plastic bags may be sold or disbursed on County property by staff or contracted vendors, except as set forth in Orange County Administrative Regulation 9.01.03. Failure to comply with the Regulation may result in termination of the contract or other contractual remedies, and may affect future contracting with the County.

The use of reusable, recyclable, biodegradable, or compostable materials is encouraged.

26. VERIFICATION OF EMPLOYMENT STATUS

The Contractor is required to be registered with the U.S. Department of Homeland Security’s E-Verify system prior to entering into a contract with Orange County. The Contractor shall use the E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the contract Term. The Contractor shall include an express provision in all of its subcontracts requiring subcontractors, who perform work or provide services pursuant to the contract, to use the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. The Contractor shall obtain from its subcontractor(s) an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. For more information on this process, please refer to United States Citizenship and Immigration Service site at:

http://www.uscis.gov/portal/site/uscis.

http://www.uscis.gov/portal/site/uscis

Section 1, General Terms and Conditions | Page 12

Only those employees determined eligible to work within the United States shall be employed under this contract.

By submission of a proposal in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this contract. The Contractor shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation.

A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes is obligated to terminate the contract with the person or entity pursuant to Section 448.095(5)(c)1, Florida Statutes. If Orange County terminates the contract for the foregoing reason, the contractor may not be awarded a public contract for at least one (1) year after the date on which the contract was terminated, and the contractor will be liable for any additional costs incurred by Orange County as a result of the termination of the contract.

27. SCHEDULE OF SUBCONTRACTING

Proposers shall list all proposed sub-contractors to be used, including names, addresses, phone numbers, type of work subcontracted (discipline, trade or commodity), and proposed percentage of work.

28. EQUAL OPPORTUNITY

It is hereby declared that equal opportunity and nondiscrimination shall be the County’s policy intended to assure equal opportunities to every person, regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations.

Further, the Contractor shall abide by the following provisions:

A. The Contractor shall represent that the Contractor has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract.

B. The Contractor shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the non-discrimination provision of the contract.

The provisions of the prime contract shall be incorporate by the Contractor into the contracts of any applicable subcontractors.

29. CONFLICT OF INTEREST

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

Section 1, General Terms and Conditions | Page 13

County employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’s firm or any of its branches. Should the Contractor 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.

30. DEBRIEFING OF PROPOSERS

Not later than 30 days after BCC approval of a selection or shortlist, a proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting 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. The debriefing shall include the following minimum information:

A. Key requirements of the solicitation.

B. The overall ranking of all proposals.

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

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

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

F. Responses to any relevant questions of the Proposer.

Untimely debriefing requests will also be considered.

31. REFERENCE CHECKS

The contact person listed as a reference shall be someone who has personal knowledge of the Proposer’s performance during the referenced contract. Contact persons shall have been informed that they are being used as a reference and that the County may be contacting them. More than one person can be listed but all shall 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 evaluation of the Proposal. The reference shall be the owner or a representative of the owner.

32. CONFIDENTIAL INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all proposers should be aware that formal solicitations and the responses thereto are in the public domain. Requests for confidential treatment will not supersede the County’s legal obligation to provide records to the public consistent with public records law. Proposers must cite specific, applicable

Section 1, General Terms and Conditions | Page 14 legal grounds to support a request for confidential treatment, of any portion of a proposal.

Requests by proposers to keep entire proposals confidential are generally not supported by public records laws. At a minimum, the County will disclose the successful proposer’s name, the substance of the proposal, and the price.

If the proposer requests confidential treatment, proposer must submit an additional copy of the proposal with the proposed confidential information redacted. This copy must include a general description of the information redacted, and shall only be redacted in the least expansive manner necessary to effectuate the requested exemption(s). In a separate attachment, proposer shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis under Florida law, including a detailed justification for exempting the information from public disclosure.

Proposer shall hold harmless and indemnify the County for all claims, actions, suits, judgments, fines, costs or damages the County may incur as a result of proposer’s request for confidential treatment of its proposal. Proposer agrees and understands that the County may make copies of, and distribute, the proposal without any requested redactions, to facilitate evaluation. Proposer warrants that such copying will not violate the rights of any third party.

33. PUBLIC RECORDS COMPLIANCE

Orange County is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida’s Public Records Law. Specifically, the Contractor shall:

1. Keep and maintain public records required by Orange County to perform the service.

2. Upon request from Orange County’s custodian of public records, provide Orange County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract Term and following completion of the contract if the Contractor does not transfer the records to Orange County.

4. Upon completion of the contract, Contractor agrees to transfer at no cost to Orange County all public records in possession of the Contractor or keep and maintain public records required by Orange County to perform the service. If the Contractor transfers all public record to Orange County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Orange County, upon request from Orange County’s custodian of public records, in a format that is compatible with the information technology systems of Orange County.

Section 1, General Terms and Conditions | Page 15

5. A Contractor who fails to provide the public records to Orange County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

6. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT :

PROCUREMENT PUBLIC RECORDS LIAISON

400 E. SOUTH STREET, 2ND FLOOR, ORLANDO, FL 32801

PROCUREMENTRECORDS@OCFL.NET, 407-836-5635

34. 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).