RQS24-0087_-_Floodplain_Analysis.pdf

Floodplain Management Plan Project RQS24-0087

Procurement and Contracts Division Page: 1

CITY OF ORLANDO

REQUEST FOR QUALIFICATION STATEMENTS (RQS)

DATE OF ISSUE: NOVEMBER 27, 2023

RQS DUE DATE: JANUARY 17, 2024

RQS DUE TIME: 2:00 p.m., Local Time, City of Orlando, FL

ONLY ELECTRONIC RESPONSES WILL BE ACCEPTED FOR THIS SOLICITATION

- ALL OTHER RESPONSES SHALL BE CONSIDERED NON-RESPONSIVE

RQS DELIVERY LOCATION: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801

RQS TITLE: Floodplain Management Plan Project

RQS NO: RQS24-0087

(RQS NUMBER MUST BE PLACED ON FRONT OF ENVELOPE /

PACKAGE)

DIRECT ALL INQUIRIES TO: Fabio Henao, NIGP-CPP, CPPB Phone: (407) 246-4376 Email: Fabio.Henao@orlando.gov

BUSINESS NAME & ADDRESS: CONTACT INFORMATION:

Business Name Name of Contact Individual

Address Contact Address

City, State, Zip Contact City, State, Zip

Business Telephone Number Contact Telephone Number

Business email address Contact email Address

DUNS NUMBER (Dun & Bradstreet): _______________________________________

Procurement and Contracts Division Page: 2

TABLE OF CONTENTS

SECTION TITLE PAGE

1 LEGAL NOTICE 3

2 SOLICITATION INFORMATION 4

3 SCOPE OF SERVICES 5

4 QUALIFICATION STATEMENT FORMAT 8

5 QUALIFICATION STATEMENT SUBMITTAL 11

6 QUALIFICATION STATEMENT OPENING 12

7 TERMS AND CONDITIONS 13

8 QUALIFICATION STATEMENT EVALUATION 19

EXHIBITS

EXHIBIT “A” PROJECT LOCATION MAP 20

EXHIBIT “B” CERTIFICATION REGARDING DEBARMENT, 21

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION FOR FEDERAL AID CONTRACTS

EXHIBIT “C” CERTIFICATION FOR DISCLOSURE OF LOBBYING 22

ACTIVITIES ON FEDERAL AID CONTRACTS

EXHIBIT “D” CERTIFICATION REGARDING CONFLICTS OF 25

INTEREST

EXHIBIT “E” CONFIDENTIAL AND/OR PROPRIETARY 26

INFORMATION EXEMPT FORM

EXHIBIT “F” EVALUATION CRITERIA FOR SHORT-LISTING 27

EXHIBIT “G” EVALUATION CRITERIA FOR FINAL RANKING 28

Appendix

APPENDIX I DRAFT AGREEMENT 29

Procurement and Contracts Division Page: 3

SECTION 1 - LEGAL NOTICE

NOTICE OF REQUEST FOR QUALIFICATION STATEMENTS FOR

RQS24-0087, FLOODPLAIN MANAGEMENT PLAN PROJECT

Pursuant to Section 287.055, Florida Statutes and the policies and procedures of the City of Orlando, notice is hereby given that a sealed Qualification Statement for RQS24-0087, Floodplain Management Plan Project (“Project”) to provide professional engineering services to the City of Orlando must be submitted electronically by 2:00 p.m., local time, on January 17, 2024, in accordance with the instructions in the solicitation in order for a Consultant to be considered for the Project. In order to submit a Qualification Statement in response to this solicitation, a firm must as of the due date for submittals be qualified and registered in the State of Florida to provide engineering services in Florida as a business organization pursuant to Section 471.023 of the Florida Statutes.

Consultants interested in submitting a Qualification Statement may download the Request for Qualification Statements (RQS) document from the City’s e-Procurement Portal at:

https://procurement.opengov.com/portal/orlando

Description of Project: The City of Orlando (“City”) has been awarded CDBG-MIT (Community Development Block Grant – Mitigation) funding to develop a Floodplain Management Plan. As part of the plan development, the selected Consultant in consultation with the City will be expected to perform a rigorous public engagement process, a risk assessment, an identification of hazards, develop a mitigation strategy, and draft an action plan for adoption by the City. The selected Consultant with input from the City will also be expected to conduct a repetitive loss area analysis, mapping areas with repeated losses and requesting input from property owners, as well as conduct other related activities necessary to complete the action plan.

Please be advised that you must maintain and update your e-Procurement Portal vendor file with the proper contact and email information at all times during the solicitation process. The City's e-Procurement Portal functions as a courtesy notification system, sending an email announcement to registered suppliers when additional documents or addenda to a solicitation occur. Unless a Consultant registers and downloads the solicitation directly from the City’s e-Procurement Portal, the notification system is not activated. It is the responsibility of the Consultant to check the City's e-Procurement Portal prior to submitting a Qualification Statement to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the Qualification Statement if necessary.

In accordance with Section 287.055 (10), Florida Statutes, the City of Orlando declares that all or any portion of the documents and work papers prepared and submitted pursuant to this Notice of Request, shall be subject to reuse by the City.

The City reserves the right to waive any informalities or irregularities in the selection process and to reject any or all Qualification Statements, or to re-advertise.

https://procurement.opengov.com/portal/orlando

Procurement and Contracts Division Page: 4

SECTION 2 - SOLICITATION INFORMATION

The Procurement and Contracts Division is the official source to obtain information relating to City of Orlando solicitations. It is incumbent on the Consultant to obtain solicitation and current award information prior to and after the scheduled opening date of a Request for Qualification Statements. Information is updated daily as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a Request for Qualification Statements. You may obtain award and other solicitation information in a variety of ways:

A. There are currently two Internet sites available to obtain RQS Advisory Committee rankings, Notice of Intended Action for award, and other information:

1. The City of Orlando Procurement and Contracts Division’s Website:

http://www.cityoforlando.net/procurement/solicitations/ If you are interested in obtaining solicitation information, copy and paste the above link into your web browser and click on Search Solicitations. Please remember that you must keep your registration information up to date in order to continue to receive notifications of solicitation opportunities that meet your commodity code selections.

2. Direct link to the City's e-Procurement Portal:

B. You may visit the Procurement and Contracts Division during City business hours to obtain award information, solicitation packages, addenda, and other documents. Our office is located at: City of Orlando, City Hall, 400 South Orange Avenue, 4th Floor, Orlando, Florida 32801.

C. You may also call the Procurement and Contracts Division at (407) 246-2291, during normal business hours, to request award and other solicitation related information.

Consultants choosing to contact the Procurement and Contracts Division directly for information should still maintain an accurate and updated e-Procurement Portal vendor file with its proper contact and email information at all times during the solicitation process. Consultants will receive information from the City through the City's e- Procurement Portal throughout the course of the solicitation and selection process. The City shall not be responsible for a Consultant’s failure to create and properly maintain an e-Procurement Portal file and Consultants shall be deemed to have received all information posted on or transmitted by such system.

We appreciate your interest in doing business with the City of Orlando and wish you much success with your business ventures.

http://www.cityoforlando.net/procurement/solicitations/

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SECTION 3 - PROJECT SCOPE

The City of Orlando is seeking an engineering consultant (“Consultant”) to perform the scope of work set forth below for the City’s Floodplain Mitigation Plan Project (“Project”). In order to submit a Qualification Statement in response to this solicitation, respondents which are business organizations must be qualified and registered in the State of Florida to provide engineering services pursuant to Section 471.023 of the Florida Statutes as of the due date for submission of Qualification Statements.

A. Project Description

The City of Orlando, Florida (“City”) has been awarded One Hundred Twenty-Six Thousand Dollars ($126,000.00) in CDBG-MIT (Community Development Block Grant - Mitigation) funding to develop a City-wide Floodplain Management Plan (“Plan”). The Plan will be developed in accordance with the CRS Coordinator’s Manual 2017 Edition following a FEMA standard planning process. Creation of the Plan by the Consultant in coordination with the City will consist of a public engagement process, a risk assessment, identification of hazards, development of a mitigation strategy, drafting of an action plan and adoption of the Plan, as well as other activities reasonably related thereto.

As part of the creation of the Plan, the Consultant will also conduct a repetitive loss area analysis.

This analysis will include mapping areas with repeated losses, requesting input from property owners, and reporting the findings in a written report (“Repetitive Loss Area Analysis Report” or “Report”). The analysis will provide more specific guidance on how to reduce damage from repetitive flooding than a community-wide floodplain management or hazard mitigation plan. The estimated total project cost of developing Floodplain Management Plan and Repetitive Loss Area Analysis Report is $150,000. The Community Development Block Grant Mitigation (CDBG-MIT) program will fund an estimated eighty-four percent of the total estimated cost ($126,000.00), and the City will fund the remaining sixteen percent of the estimated total cost ($24,000.00).

A map showing the overall boundaries of the City has been included with this solicitation as Exhibit “A.”

B. Scope of Services

The Floodplain Management Planning and Repetitive Loss Area Analysis will be developed utilizing the 10-step planning process and five step process respectively, in accordance with Activity 510 (Floodplain Management Planning) and Elements 512 (Floodplain Management Planning and Repetitive Loss Area Analysis) of the CRS Coordinator’s Manual 2017 Edition or the current edition.

As part of the floodplain management planning process, the Consultant will be expected to perform the following tasks:

1. Organize to prepare the plan: Prepare a floodplain management planning process engaging staff from those community departments that implement or have expertise in the activities.

2. Involve the public: Involve the public during the Plan’s development by holding public meeting(s) to obtain input on the recommended plan.

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3. Coordinate: Coordinate and incorporate other existing plans, studies, and reports on flooding plans and other local, regional, state, and federal agencies’ efforts into the Plan.

4. Assess the hazard: Review, analyze, and summarize the data collected about the natural hazard(s) the community faces. The assessment shall focus on sources, frequency, extent, and causes of flooding.

5. Assess the problem: Collect and summarize data on what is at risk including the impact of flooding on people, property, infrastructure, the local economy, and natural floodplain functions.

6. Set goals: Set a statement of the goals of the community’s floodplain management or hazard mitigation program. The goals must address all flood-related problems identified in Step 5.

7. Review possible activities: Review different activities that could prevent or reduce the severity of the problems described in Step 5. This is a systematic review of a wide range of activities to ensure that all possible measures are explored, not just the traditional approaches of flood control, acquisition, and regulation of land use. The review, including the pros and cons of each activity, must be included in the plan document.

8. Draft an action plan: Select and specify those activities appropriate to the community’s resources, hazards, and vulnerable properties. Draft an action plan and flood-related recommendations.

9. Assist with adoption of the plan: Provide assistance to City staff in presenting the Plan to City leadership and other community agencies, groups and stakeholders as requested by the City.

10. Implement, evaluate, and revise: Provide procedures for monitoring implementation, reviewing progress, and recommending revisions to the Plan.

As part of the repetitive loss area analysis work, Consultant will be expected to:

1. Provide outreach to properties in the repetitive loss areas that the analysis will be conducted and request their input on the hazard and recommended actions.

2. Contact and coordinate with agencies or organizations that may have plans or studies that could affect the cause or impacts of the flooding.

3. Assess the repetitive loss area and collect sufficient data to conduct a preliminary determination of the cause of the repetitive flooding and of the mitigation measures.

4. Review alternative approaches and determine whether any property protection measures or drainage improvements are feasible.

5. Document the findings.

In addition to the tasks and scope of services set forth above, Consultant may be asked to perform other related work or provide additional services in support of the Project as may be requested by the City.

C. Deliverables

1. Floodplain Management Plan

2. Repetitive Loss Area Analysis Report

D. Schedule:

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The Project schedule is estimated to take a total of thirty-eight (38) months from contract execution. The table below displays an estimated study schedule with deliverable deadlines and public meetings.

Project Highlight Date (Estimated) Grant Execution 4/29/2022 Notice to Proceed (“NTP”) May of 2024 Kick off Meeting June of 2024 Step 1 through 5 of Floodplain Management Planning (FMP) and Repetitive Loss List, Area, Mapping and Category in Flood Damage Reduction Activities submittal per the CRS Manual

November of 2024

Step 1 through 8 of FMP, Repetitive Loss Area Mapping and Repetitive loss area analysis (RLAA) submittal

March of 2025

Draft Completed FMP and RLAA reports/deliverables July of 2025

Final FMP and RLAA reports/deliverables September of 2025 Adoption of FMP and RLAA deliverables October of 2025 Final Deliverable Package Due November of 2025 Project Close Out January of 2026

Procurement and Contracts Division Page: 8

SECTION 4 - QUALIFICATION STATEMENT FORMAT

Responses to this request shall include the following information and be presented in the order shown, separated into sections as noted, including a Table of Contents that identifies each section and its page number:

1. Letter of Introduction addressed to David Billingsley, CPSM, C.P.M., Chief Procurement

Officer, City of Orlando.

1. Table of Contents.

Tab each item in paragraphs 3 thru 10 below (including sub-paragraphs) and record tab number/letter in the Table of Contents along with corresponding page number.

3. Cover Page from this solicitation with all requested information completed, including the Duns Number.

4. Business Experience, Qualifications, and Project Approach

a. A copy of Respondent’s current W-9.

b. If Respondent is a business organization, please submit a copy or screenshot of Respondent’s registration with the Florida Department of Business and Professional Regulation evidencing that Respondent as an entity has registered and been qualified by an engineer licensed under Chapter 471 of the Florida Statutes to practice, or offer to practice, engineering services in Florida pursuant to Section 471.023 of the Florida Statutes.

Please note that such registration and qualification must be held by the Respondent, not a sub-consultant, and that it must be held by Respondent on or before the date of submittal for this solicitation.

For information on qualifying and registering an engineering firm in Florida, please see the following link from the Florida Board of Professional Engineers:

https://fbpe.org/licensure/licensure-process/engineering-firms/

c. Federal SF 330 – even though some of this information may be a duplication of information requested under a separate paragraph.

Note: With respect to Section F of Form 330, Respondents may submit such number of projects which they believe necessary to demonstrate their and their team’s capability to perform the work. While the City anticipates that form’s default number of ten (10) projects will be sufficient to demonstrate such capability, the City does not restrict Respondents from submitting a greater or fewer number of projects in this section.

d. A list of the professional personnel the Respondent is proposing to assign to this contract, their academic background, and their experience on other similar projects.

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Please include the jurisdiction and license number of any relevant licenses and certifications such personnel may hold.

e. A list of subconsultants the Respondent intends to utilize under this contract, the subconsultants’ personnel that would be assigned, and their academic background and experience on other similar projects.

f. A list of similar projects that are ongoing or have been completed by the Respondent and/or its subconsultants within the last ten (10) years along with a reference for each of those projects, including current addresses, email addresses, and telephone numbers. Project descriptions shall clearly explain what role the Respondent and subconsultants performed on the project.

g. A description of the Respondent's expertise with similar projects, the Respondent’s provision of services on those projects, and the public participation required by those projects. The description shall also include the Respondent’s expertise with scheduling, ability to adhere to schedules, cost control, and ability to work with City staff and other stakeholders.

h. A description of the Respondent and subconsultants’ current and planned workloads and the commitment of the assigned project manager and Respondent and subconsultant personnel to dedicate the necessary time to any assigned task.

i. A narrative description demonstrating Respondent’s understanding of the Project’s scope of work and its approach to successful project completion.

5. Evidence of Insurance Status

As set forth below in this solicitation, the City reserves the right in the future to require the submittal of evidence of Respondent's ability to obtain and maintain errors and omission insurance, professional liability insurance, or malpractice coverage.

Please include answers to the following questions with your Qualification Statement:

(i) Has any such coverage ever been cancelled? If yes, explain fully.

(ii) Has anyone recovered against the coverage? If yes, explain fully.

6. Investigations and Litigation

If the Respondent has ever been the subject of an investigation conducted by a regulatory agency or professional licensing board, give the details and outcome of such action. If the Respondent has been sued within five years of the Qualification Statement submittal date as a result of actions or inactions in the course of its business or profession, give the details and outcome of such suit(s) with your Qualification Statement.

7. Suspension and Debarment

If a firm, or its principals, are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any

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Federal department or agency, it may not submit a Qualification Statement in response to this solicitation. Firms responding to or receiving an award for this contract shall comply with 2 CFR, Section 200.213 regarding debarment, suspension, ineligibility and voluntary exclusion for federal aid contracts. Firms responding to this solicitation shall execute and return with their response an executed copy of Exhibit “B”, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts. A contract shall not be awarded to a Respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Respondent fails to return the form with its response.

8. Lobbying

Firms responding to or receiving an award for this contract shall comply with the requirements of Appendix II to 2 CFR Part 200 regarding lobbying activities on federal aid contracts. Firms responding to this solicitation shall execute and return with their response an executed copy of Exhibit “C”, Certification for Disclosure of Lobbying Activities on Federal Aid Contracts. A firm shall also fill out and return the Disclosure of Lobbying Activities Form included with Exhibit “C”. A contract shall not be awarded to a Respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Respondent fails to return the form with its response.

9. Conflict of Interest Certification

Firms responding to or receiving an award for this contract shall comply with City, State, and federal laws, regulations, and rules regarding conflict of interest. Firms responding to this solicitation shall execute and return with their response an executed copy of Exhibit “D”,“Conflict of Interest Certification for Consultant/Contractor”. A contract shall not be awarded to a Respondent who does not submit the certification form at the time of submittal or within seven (7) days of the date the City requests the certification form be submitted, if a Respondent fails to return the form with its response.

10. Confidential and Proprietary Information

Respondents shall complete and submit with their response a copy of the Confidential and/or

Proprietary Information Exemption Form, attached to this Solicitation as Exhibit “E”.

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Respondents should be aware the Solicitation and the responses thereto are in the public domain. On Exhibit “E”, Respondents are requested to identify specifically any information contained in their Response which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. A generic notation that information is “confidential” is not sufficient. Failure to provide the Procurement and Contracts Division Office with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Qualification Statement being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

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SECTION 5 - QUALIFICATION STATEMENT SUBMITTAL

Submissions must be received prior to 2:00 p.m., local time, January 17, 2024. Except as provided in Section titled, "Americans with Disabilities Act," for people needing special accommodations, to be responsive, Qualification Statements for this solicitation must be submitted electronically. Paper responses will be deemed non-responsive.

Instructions for submitting a Qualification Statement:

A. Once you have logged into your OpenGov account, go to the solicitation in which you want to bid/participate on. Then click on “Draft Response,” complete the information requested, upload your bid/quote/submittal, along with all required attachments, and submit.

Respondents are solely responsible for ensuring that their submittals are complete, uploaded and submitted in the e-Procurement portal by the due date and time. Respondents are strongly encouraged to submit their response well ahead of the final due date and time to avoid any transmission or other issues. The City shall not be responsible for any submission delays or failures caused by any occurrence.

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SECTION 6 – QUALIFICATION STATEMENT OPENING

1. Qualification Opening Date

Qualification Statements will be opened promptly at the due date and time for submittal.

Interested persons may attend the opening by following the instructions below.

2. Instructions to join the solicitation opening virtual meeting:

The Qualification Statement opening will be open to attendance by the public via the Microsoft Teams Meeting platform. This platform allows you to attend online or by telephone.

A. Online. To join online on your device:

i) Begin by choosing your device and downloading Teams on the device by going to https://www.microsoft.com/en-us/microsoft-365/microsoft-teams/download-app and download Microsoft Teams. You can use a smart phone, tablet, laptop, or desktop computer to download at no cost. Make sure to allow some extra time for the install before joining your first meeting. Note: If you cannot download the desktop or mobile application but would still like to attend online, you may also follow the instructions to join a Microsoft Teams Meeting on the web that appear when you use the link below. For information on joining a Microsoft Teams Meeting from the app or on the web, visit: https://support.office.com/en-us/article/join-a-teams-meeting- 078e9868-f1aa-4414-8bb9-ee88e9236ee4

ii) Use the link below to join the virtual meeting:

https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjg0OTE2NWQtNGVkYS00NGNmLTkzNmYtNTM1YmYxMGUwMjEx%40threa d.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=633c3f10-181a-4bb8-9970-d222ddf41292&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

B. Telephone. To join the Opening by telephone:

If you do not have one of the devices just mentioned above to join the Opening online or if you prefer, you can also call into the Qualifications Statements Opening meeting by dialing this phone number: 321-247-7568.

Once dialed-in and prompted, enter the Conference ID: 212 974 722 926

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjg0OTE2NWQtNGVkYS00NGNmLTkzNmYtNTM1YmYxMGUwMjEx%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=633c3f10-181a-4bb8-9970-d222ddf41292&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjg0OTE2NWQtNGVkYS00NGNmLTkzNmYtNTM1YmYxMGUwMjEx%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=633c3f10-181a-4bb8-9970-d222ddf41292&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjg0OTE2NWQtNGVkYS00NGNmLTkzNmYtNTM1YmYxMGUwMjEx%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=633c3f10-181a-4bb8-9970-d222ddf41292&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjg0OTE2NWQtNGVkYS00NGNmLTkzNmYtNTM1YmYxMGUwMjEx%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=633c3f10-181a-4bb8-9970-d222ddf41292&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjg0OTE2NWQtNGVkYS00NGNmLTkzNmYtNTM1YmYxMGUwMjEx%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=633c3f10-181a-4bb8-9970-d222ddf41292&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_Zjg0OTE2NWQtNGVkYS00NGNmLTkzNmYtNTM1YmYxMGUwMjEx%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25227594da9b-294b-4acf-913b-d159ae921564%2522%252c%2522Oid%2522%253a%252201a994d6-3722-4c44-9fb0-e6c59c19cd13%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=633c3f10-181a-4bb8-9970-d222ddf41292&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true

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SECTION 7 - TERMS AND CONDITIONS

1. Questions Regarding the Solicitation Process

To ensure fair consideration for all Respondents, the City prohibits communication to or with any officer, elected official (including the Mayor and City Council), department, division, office or employee of the City, and any advisory committee members during the solicitation process. The prohibited communication period shall commence at the time of the issuance of the solicitation and terminate when a contract is fully executed, except as provided below.

All communications relating to this Request for Qualification Statements between a Respondent (or anyone on a Respondent’s behalf) and the City must be made through the Procurement and Contracts Division. Any communications in violation of this provision may be grounds for disqualifying the offending Respondent from consideration for award and/or any award arising from a future solicitation.

Any questions relative to interpretation of the solicitation or the solicitation process shall be addressed in writing as indicated below. Questions must be received by the Procurement and Contracts Division on or before 2:00 p.m., local time, January 8, 2024. Questions received after the cut-off date and time will not be considered.

Any interpretation made to prospective Respondent will be expressed in the form of an addendum to the solicitation which, if issued, will be conveyed in writing to all prospective Respondents no later than five (5) days prior to the date set for receipt of Qualification Statements. Oral and other non-Addendum answers will not be authoritative.

It will be the responsibility of the Respondent to contact the Procurement and Contracts Division prior to submitting a Qualification Statement to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with their Qualification Statements (if required).

Direct all inquiries to:

Fabio Henao, NIGP-CPP, CPPB City of Orlando Procurement and Contracts Division 400 S. Orange Avenue, Fourth Floor Orlando, Florida 32801 Telephone: (407) 246-4376 Fax: (407) 246-2869 Email: Fabio.Henao@orlando.gov

2. Request for Qualification Statement Schedule

The following is the scheduled calendar of events with important dates and times. Dates are subject to change by the Chief Procurement Officer (“CPO”) of the Procurement and Contracts Division or designee, at their sole discretion. If the Procurement and Contracts Division determines that it is necessary to change these dates/times prior to the Qualification Statement due date, the change will be announced via an addendum. Addendums cannot be issued on and after the Qualification Statement due date/time.

mailto:Fabio.Henao@orlando.gov

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Action: Date:

Legal Ad November 26, 2023

RQS Released November 27, 2023

Cut-off date for Questions by Respondents January 8, 2024

Last Addendum January 12, 2024

Qualification Statement Due Date and Time January 17, 2024

1st Advisory Committee Meeting (Short-listing to at least Three (3) firms) February 2024

2nd Advisory Committee Meeting (includes Presentations and Ranking of firms) February/March 2024

City Council (Approval of Ranking and Negotiations) April/May 2024

Negotiations Begin May/June 2024

City Council (Approval of Contract after Conclusion of Negotiations)

July/August 2024

3. Convicted Vendor List

A person or affiliate, as defined in §287.133, Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list.

4. Discriminatory Vendor List

In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity.

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5. Non-Discrimination

Title VI of the Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that, “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.” The City hereby notifies all respondents that the City shall ensure that respondents will not be discriminated against on the grounds of race, color, national origin, sex, age, disability, family or religious status in consideration for an award of a contract or subcontract and that all persons shall have full opportunity to submit responses to this solicitation. Respondents are hereby advised that in any contract entered into with the City as a result of this solicitation, the firm selected will be required to agree that it will not discriminate on the grounds of race, color, national origin, sex, age, disability, family or religious status with respect to employment and the letting of subcontracts.

5. Solicitation Response Costs

The City is not responsible for any expenses which firms may incur in preparing and submitting responses, including presentations, and any other expenses incurred related to this Request for Qualification Statements or otherwise incurred by any firm prior to award and execution of a Contract.

6. Applicable law

This Request for Qualification Statements is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the Code of the City of Orlando which can be accessed online at: http://library.municode.com/index.aspx?clientId=13349 or by contacting the Procurement and Contracts Division. Any protest or appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code (including the submission of the required non-refundable filing fee), except that a security bond shall not be required for this solicitation.

7. Public Records

Qualification Statements received in response to this solicitation are exempt from disclosure under the provisions of Florida law until such time as the City provides notice of an intended decision or until thirty (30) days after the response opening, whichever is earlier.

8. Americans with Disabilities Act

Persons with disabilities needing a special accommodation to participate in this solicitation should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, P.O. Box 4990, Florida 32802-4990, telephone (407) 246-2291, not later than seven (7) days prior to the date on which the accommodation is requested.

9. Reserved Rights

The City, in its sole discretion by action of its Chief Procurement Officer or designee, reserves the right to reject any and all Qualification Statements or to waive any irregularity or informality in such submissions. At any time prior to the execution of a contract, the City may determine, in its sole discretion, that it is not in the public interest to continue the solicitation and/or its review of the http://library.municode.com/index.aspx?clientId=13349

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10. Contract

The Project is being funded with financial assistance received by the City through a State of Florida Department of Economic Opportunity CDBG-MIT (Community Development Block Grant – Mitigation) Subrecipient Agreement awarded to the City of Orlando. All work performed pursuant to this solicitation shall be conducted in compliance with the terms of the City’s Subrecipient Agreement.

For informational purposes, a draft copy of the City’s draft contract (“Draft Agreement”) for this project has been attached as Appendix I and is incorporated herein by this reference. It will provide the basis for negotiations with the selected respondent. Please note, however, any final agreement between the City and the selected respondent must contain all required State or federal provisions included in the Draft Agreement, including but not limited to those set forth on Exhibit V of the Draft Agreement.

11. Acceptance of Conditions

By submitting a Qualification Statement, Respondent acknowledges and agrees to the following conditions.

a. Evidence of Financial and Insurance Status

(1) The City reserves the right in the future to require the submittal of evidence it deems necessary relative to the Respondent's financial status and insurance status.

(2) The City reserves the right in the future to require the submittal of evidence of

Respondent's ability to obtain and maintain errors and omission insurance, professional liability insurance, or malpractice coverage.

b. Further Information

The City reserves the right to ask for further information from the Respondent, either in writing or orally, and requests will be addressed to that person (or those persons) authorized by the Respondent to represent same.

c. Public Information

The City is bound by Section 119, Florida Statutes, "Florida Public Records Act". The Act specifies that virtually all memorialized (written) information is in the public domain, and available to any person requesting it unless the information qualifies as an exception to the Act, or is otherwise exempt under state or federal law. Any written information, as defined by the Act, that is provided to the City pursuant to the Qualification Statement Instructions or any ensuing contract for services and materials would probably not be the City's to keep confidential. The Respondent therefore agrees that at any time that the Respondent's written materials may be in the City's possession, the Respondent shall make no demand or request that the City take a legal position in regard to such materials that, in the City's sole discretion, is contrary to the Act or any other Florida law.

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d. Cost Criteria

As part of contract negotiations, the City and the selected Respondent shall negotiate compensation for work to be performed. Negotiations will be undertaken in good faith with no cap on overhead rates or direct salary multipliers. Negotiations and compensation shall be consistent with the State and Federal requirements. The City shall conduct a detailed analysis of the direct labor cost of the professional services for the scope of work. The City will require the firm receiving an award for this contract to execute a truth-in-negotiations certificate in form and content acceptable to the City. A contract for professional services will contain a prohibition against contingent fees as required by Florida Statutes 287.055(6), as amended. The City will perform a determination of allowable costs in accordance with the Federal cost principles for services rendered under the contract. To the extent not in conflict with Federal cost principles or other applicable rules or regulations, the Respondent shall also comply with the criteria for reimbursable expenses outlined in the City’s Policy and Procedure Manual and any directives of general applicability to City consultants approved by the City’s Chief Financial Officer in effect as of the date of contract execution.

f. E-Verify

As part of any contract with the City, the selected Respondent shall be required to utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term.

g. Drug Free Workplace Certification

Per federal requirements, the preference to businesses with drug-free workplace programs under Section 287.087 of Florida Statutes shall not apply to this solicitation and shall not be used as a tie breaker in the event of a tie.

h. Small, Minority Business, Women’s Business Enterprises, and labor surplus area firms.

Respondents are reminded that any contract resulting from this solicitation will be funded with federal funds. While participation by small, minority and women owned businesses is not used as a selection criteria in federally funded solicitations, Respondents are also reminded of the obligations of a prime contractor (or consultant) under a federally assisted Contract to comply with the requirements of 2 CFR § 200.321 and take all necessary affirmative steps when subcontracting set forth in § 200.321(b)(1) - (5) to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:

(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

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(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

As a resource to Respondents in subcontracting, please be aware that the Florida Department of Management Services maintains a list of certified minority and women owned businesses which can be accessed at the following website:

https://osd.dms.myflorida.com/directories. In addition, while the City’s Minority Business Enterprise goals and program do not apply to federally funded procurements which are instead governed by 2 CFR § 200.321 quoted above, the City also maintains a list of certified minority and women owned businesses that can serve as a resource for Respondents in subcontracting. The City’s directory can be found at:

https://cityoforlando.mwdbe.com/FrontEnd/searchcertifieddirectory.asp. These resources are non-exclusive and other directories of small, minority, and women owned business can be found by researching online.

https://osd.dms.myflorida.com/directories https://cityoforlando.mwdbe.com/FrontEnd/searchcertifieddirectory.asp

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SECTION 8 - QUALIFICATION STATEMENT EVALUATION

1. Evaluation Criteria

Evaluation of Qualification Statements will be based upon the criteria set forth in Exhibit “F”, the Evaluation Criteria for Short-listing, and Exhibit “G”, the Evaluation Criteria for Final Ranking, respectively.

2. Short-listing; Presentations

Respondents will be evaluated by a committee of individuals appointed pursuant to the City’s policies and procedures (“Advisory Committee”). The Advisory Committee will review and evaluate the Qualification Statement submittals. Following evaluation, the Advisory Committee will rank the short-listed Respondents as set forth in Exhibit “F”, the Evaluation Criteria for Short-listing. After this evaluation process, a minimum of three (3) Respondents will be short-listed and asked to make presentations before the Advisory Committee. Presentations will be conducted in City Hall and shall be twenty (20) minutes in length followed by a ten (10) minute question and answer period. Respondents are not limited in the number of presenters that may appear.

Respondents may, but are not required to, include audio/visual materials in their presentations, provided, however that Respondents making presentations are responsible for bringing any necessary audio/visual equipment for such presentations. Further written documentation may be required prior to the interviews, or as a result of the interviews. Failure to promptly supply information in connection with such inquiry, including but not limited to information regarding past performance, financial stability, and ability to perform on schedule, may be grounds for determination of non-responsiveness with respect to the Qualification Statement. During the presentation, the Respondent shall demonstrate its understanding of the project’s scope of work and shall discuss its approach to successfully completing the project. The Respondent shall only be allowed at its interview to supplement the documentation provided in the Qualification Statement with new information for this final Evaluation Criteria “D.” on Exhibit “G”.

3. Selection and Negotiation

Following the interviews, the Advisory Committee will rank the short-listed Respondents as set forth in Exhibit “G,” the Evaluation Criteria for Final Ranking, and submit this information to the Chief Procurement Officer who will seek approval by the City Council of the ranking. Following and subject to City Council’s decision, the Public Works Director or designee will enter into negotiations with the top-ranked Respondent with the intention of entering into a contract. If negotiations with the top-ranked Respondent are unsuccessful, then negotiations with this Respondent will be terminated and negotiations will begin with the next successively ranked Respondent until a successful contract is negotiated or the solicitation is terminated. Once a contract is negotiated, the Chief Procurement Officer will execute the contract, or if required, seek approval from the City Council to enter into the contract prior to execution.

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EXHIBIT “A”

PROJECT LOCATION MAP

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EXHIBIT “B”

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EXHIBIT “C”

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EXHIBIT “D”

CONFLICT OF INTEREST DISCLOSURE FORM

The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their response the name of any officer, director, employee or agent (or their spouse or child) who is also an employee or officer of the City of Orlando.

Furthermore, all Respondents must disclose the name of any City employee or officer (or their spouse or child) who owns, directly or indirectly, an interest in the Respondents firm or any of its affiliates or subsidiaries.

By submission of this form, the undersigned certifies, under penalty of perjury, that to the best of their knowledge and belief, except as disclosed pursuant to the instructions above, that no officer or employee of the City (or their spouse or child), directly or indirectly, owns an interest in the Respondents firm or any of its affiliates or subsidiaries; nor does the Respondent know of any City officer or employee having any financial interest in assisting the Respondent to obtain, or in any other way effecting, the award of the contract to this Respondent.

Comments:

Acknowledged by:

Firm Name:

Signature of Authorized Representative:

Name and Title (Print or Type):

Date:

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EXHIBIT “E”

Confidential and/or Proprietary Information Exemption Form

In accordance with the Proprietary Information Section of this RQS, please list below items in this Qualification Statement, if any, that are to be considered confidential and/or proprietary and which are believed to be exempt from disclosure.

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