Y23-810-R2.pdf

ISSUE DATE: May 5, 2023

NOTICE

REQUEST FOR PROPOSALS

FOR

PUBLIC PRIVATE PARTNERSHIP FOR THE DEVELOPMENT AND OPERATION OF

A MATERIALS RECOVERY FACILITY

RFP #Y23-810-R2

The Board of County Commissioners, Orange County, Florida, is accepting sealed Proposals to be received NO LATER THAN 4:00 P.M. (local time) on September 26, 2023, for PUBLIC PRIVATE PARTNERSHIP FOR THE DEVELOPMENT AND

OPERATION OF A MATERIALS RECOVERY FACILITY.

A Non-Mandatory Pre-Proposal Conference will be held May 18, 2023, at 10:00 AM at the Orange County Utilities Public Meeting Room, 9150 Curry Ford Road, Orlando, FL 32825 and via Webex Events at the following website:

https://ocfl.webex.com/ocfl/j.php?MTID=m0939fbe2f2284a7891844eaecb5b792a

Call-in toll number: 1-408-792-6300

PROPOSAL SUBMISSION DUE DATE: Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Thursday, October 26, 2023, 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.

Carrie Mathes, MPA, CFCM, NIGP-CPP, CPPO, C.P.M.

Manager, Procurement Division

NOTICE TO PROPOSERS

To ensure that your Proposal is responsive, you 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 Rolando Melo at Rolando.Melo@ocfl.net. You may only contact Rolando Melo at any time during this process, including during the blackout period.

Meeting number (access code): 2459 926 5546 https://ocfl.webex.com/ocfl/j.php?MTID=m0939fbe2f2284a7891844eaecb5b792a https://secure.procurenow.com/portal/orangecountyfl mailto:Rolando.Melo@ocfl.net

RFP # Y23-810-R2

TABLE OF CONTENTS

NOTICE PAGE

1. PURPOSE

2. INSTRUCTIONS TO PROPOSERS

3. ORAL INTERPRETATION

4. DRUG FREE WORKPLACE

5. DRAFT AGREEMENT

6. INQUIRIES AND ADDENDA

7. NO DEVIATIONS FROM RFP OR AGREEMENT

8. SCHEDULE OF EVENTS

9. AGREEMENT TERM AND RENEWALS

10. WITHDRAWAL OF PROPOSAL

11. SOLICITATION CANCELLATIONS

12. TERMS AND CONDITIONS

13. LIMITATIONS ON PROPOSER’S RIGHTS

14. SHORTLISTS, PROTESTS AND LOBBYING

15. ETHICS COMPLIANCE

16. JOINT VENTURES

17. CONFLICT/NON CONFLICT OF INTEREST AND LITIGATION

STATEMENT

18. PUBLIC ENTITY CRIME STATEMENT (FS 287.133)

19. GUARANTOR ACKNOWLEDGEMENT

20. SUBCONTRACTORS/SUBCONSULTANTS

21. FAILURE TO COMPLY WITH INSTRUCTIONS

22. PROPOSER WARRANTY

23. PROPOSAL ERRORS

24. DEVIATIONS

25. MODIFICATION/ALTERATION OF SOLICITATION

26. AGREEMENT DOCUMENTS

27. EXECUTION OF WRITTEN AGREEMENT

28. LAWS AND REGULATIONS

29. REQUIRED DISCLOSURE

30. LICENSING REQUIREMENTS

31. PROPOSAL BOND, CONSTRUCTION PAYMENT AND PERFORMANCE

BOND, AND OPERATING TERM PERFORMANCE BOND

32. SECURITY FORFEITURE

33. QUALIFICATIONS OF SURETY COMPANIES

34. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY

35. OCCUPATIONAL SAFETY AND HEALTH ACT

36. SUBCONTRACTORS/SUPPLIER INFORMATION

37. SUBCONTRACTORS PAST PERFORMANCE

38. PROPOSAL AND RELATED COSTS

39. LICENSES/PERMITS/FEES

40. EQUAL OPPORTUNITY

41. TOBACCO FREE CAMPUS

42. UNBALANCED PRICING

43. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

44. FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS

45. AGREEMENT AWARD

46. KEY PERSONNEL

47. REFERENCE CHECKS

48. VERIFICATION OF EMPLOYMENT STATUS

49. INDEPENDENT CONTRACTOR

50. WEIGHTED CRITERIA AND SCORING OF THE RFP

51. SIMILAR PROJECTS

52. EXPERIENCE OF THE PROJECT TEAM

53. VOLUME OF WORK

54. SUBMITTAL REQUIREMENTS

55. PROCEDURES AFTER RECEIPT OF PROPOSALS

56. SUPPORTING DOCUMENTATION

57. DEBRIEFING OF PROPOSERS

58. TRADE SECRET INFORMATION

59. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF

SPECIFICATIONS/ REQUIREMENTS/STATEMENTS OF WORK

EXHIBITS

EXHIBIT A DEFINED TERMS AND ACRONYMS

EXHIBIT B SCOPE OF SERVICES

EXHIBIT C PERFORMANCE STANDARDS

EXHIBIT D PAYMENTS TO OR FROM THE CONTRACTOR

EXHIBIT E ACCEPTANCE TESTING

EXHIBIT F DRAFT AGREEMENT (includes general conditions)

EXHIBIT G GEOTECHNICAL REPORT

EXHIBIT H ESTIMATED COST TO EXTEND WATER AND SEWER LINES TO THE

EXISTING MRF

EXHIBIT I EXAMPLE LIST OF PERMITS

TABLES AND FIGURES

TABLE 1 ORANGE COUNTY COLECTED RECYCLABLE TONNAGE (2016 – 2022)

TABLE 2 ASSUMED ANNUAL CHANGES TO CONTRACTED RECYCLING

TONNAGE

TABLE 3 OTHER RECYCLING TONS, NOT MANAGED BY THE COUNTY (FOR

INFORMATION ONLY)

TABLE 4 ORANGE COUNTY MSW FACILITY LOCATIONS - TRANSFER STATION,

MRF, AND ORANGE COUNTY LANDFILL

TABLE 5 PROGRAM MATERIALS COLLECTED BY ORANGE COUNTY

TABLE 6 COMMODITY TYPE AND METHOD AND INDEX USED

TABLE 7 AVERAGE MARKET VALUE CALCULATION

FIGURE 1 MAP OF ORANGE COUNTY MSW FACILITY LOCATIONS

FIGURE 2 EXISTING UTILITY LOCATIONS AT THE ORANGE COUNTY LANDFILL

FIGURE 3 AERIAL PHOTOGRAPH OF EXISTING MRF AND SITE OF NEW MRF

PROPOSAL FORMS

PROPOSER INFORMATION FORM A

PROJECT TEAM FORM B

LOCATION FORM C

SIMILAR PROJECTS (PROJECT MANAGER) FORM D

SKILLS AND EXPERIENCE OF PROJECT TEAM FORM E

PROJECT SCOPE, APPROACH AND UNDERSTANDING FORM F

CONFLICT/NON-CONFLICT OF INTEREST & LITIGATION STATEMENT FORM G

INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY FORM H

DRUG-FREE WORKPLACE FORM FORM I

ORANGE COUNTY SPECIFIC EXPENDITURE REPORT FORM J

RELATIONSHIP DISCLOSURE FORM FORM K

AGENT AUTHORIZATION FORM FORM L

E-VERIFICATION CERTIFICATION FORM M

INSURANCE SAMPLE ENDORSEMENTS FORM N

DISCLAIMER STATEMENT FORM O

TECHNICAL DESCRIPTION OF MATERIALS RECOVERY

FACILITY – MINIMUM FORM P

MAJOR EQUIPMENT LIST AND SPECIFICATIONS OF

MAJOR EQUIPMENT/SYSTEMS FORM Q

PROCESS FLOW DIAGRAM- ALL MAJOR COMPONENTS FORM R

EQUIPMENT LAYOUT FORM S

PRICE PROPOSAL FORM T

GUARANTOR ACKNOWLEDGEMENT FORM U

PARTICIPATING FIRMS FORM V

PERFORMANCE GUARANTEES FORM W

MARKETING PLAN FORM X

PROPOSER QUALIFICATIONS FORM FORM Y

SITE PLAN FORM Z

MASTER PROJECT SCHEDULE FORM AA

TRAFFIC PLAN FORM BB

CONCEPTUAL OPERATIONS AND MAINTENANCE PLAN FORM CC

CERTIFICATION AND ACCURACY OF COST FORM FORM DD

FINANCIAL CAPABILITIES AND RECORDS FORM EE

SAFETY RECORD FORM FF

REQUEST FOR PROPOSALS

FOR

PUBLIC PRIVATE PARTNERSHIP FOR THE DEVELOPMENT AND OPERATION OF

A MATERIALS RECOVERY FACILITY

RFP # Y23-810-R2

1. PURPOSE

The Board of County Commissioners, Orange County, Florida, is soliciting Proposals for one Contractor to enter into a long-term public-private partnership (Section 255.065 Florida Statutes (F.S.)) arrangement to provide a Recovered Materials Processing Facility (MRF, technically known in Florida as a Recovered Materials Processing Facility pursuant to 403.703(29) F.S.) for safe, effective, and sustainable processing and marketing services for the County’s residential recycling program materials, while serving the greater needs of the region for both residential and commercial recycling.

The County seeks to deliver a local MRF that minimizes life-cycle costs and maximizes its sustainability initiatives, including environmental, social, and business benefits. This solicitation contemplates the design, construction, and operation of a MRF by utilizing land at the County landfill that meets these specifications. The successful Contractor for the MRF and related services will use best practices to capture and sort the most recyclables for their highest value, while affording County residents with a cost-effective rate. In exchange, the County will deliver all of its current residential program recyclables and make defined payments to the Contractor through a long-term agreement.

Operations of the MRF and processing and marketing services are expected to begin no later than January 1, 2027.

The capitalized words and phrases in this RFP are defined in Exhibit A, which is attached hereto. The County’s purpose and objectives are described in more detail in Exhibit B, which also is attached hereto. The Performance Standards for the MRF are described in Exhibit C.

2. INSTRUCTIONS TO PROPOSERS

In an effort to help promote ease of Proposal submission, electronic submissions will be accepted by the County.

Firms shall submit responses electronically. Firms will not be permitted to hand deliver, fax, or e-mail offers. To maintain a secured sealed process electronic submissions may be made through the OpenGov Procurement portal only at:

https://secure.procurenow.com/portal/orangecountyfl

Sealed proposals for furnishing the above will be accepted up to 4:00 PM (local time), October 26, 2023, via the electronic portal referenced above.

The County reserves the right to award an Agreement pursuant to this RFP without further discussion with proposers. Therefore, it is important that each proposal is complete, adheres to the format and instructions contained herein, and is submitted in the most favorable manner possible.

Proposers shall respond in the format specified below:

A. 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.

B. All responses and copies are to be submitted on 8 ½ x 11-inch paper, margins no less than 1” Top, .75” bottom, .75” sides, except as noted.

C. If your response contains any information deemed confidential, in accordance with Chapter 119 of the Florida Statutes, provide a redacted version of your response labeled REDACTED. Electronic copy shall be .pdf format – the most recent software version.

A Non-Mandatory Pre-Proposal Conference will be conducted on May 18, 2023, at 10:00 AM, at the Orange County Utilities Public Meeting Room, 9150 Curry Ford Road, Orlando, FL 32825. All interested parties are urged to attend in person or via virtual webcast, and ensure they are signed in for attendance confirmation. A site tour will also be offered immediately following the Non-Mandatory Pre-Proposal Conference.

i. The time and date for receipt of the required Proposals will be strictly observed.

The County shall not be responsible for late deliveries. The time/date stamp clock in the Procurement Division for the hard copy(s) and the upload time stamp for the copies shall be used to determine the timeliness of any Proposal.

ii. 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 Procurement Ordinance.

iii. Proposals received after the specified time and date shall be returned unopened.

All Proposals will be opened publicly and the names of all Proposers shall be read aloud.

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

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

Visit:

https://ocfl.webex.com/ocfl/j.php?MTID=mc372d551ae360655cbf158306baac534 https://ocfl.webex.com/ocfl/j.php?MTID=mc372d551ae360655cbf158306baac534

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: Orange County Utilities Public Meeting Room, 9150 Curry Ford Road, Orlando, FL 32825

iv. Proposers must submit ONLY the attached forms, lettered A through FF, in the same order as presented herein.

v. Failure to submit all forms may result in disqualification of your Proposal. This shall also apply to Form H if the Proposer is submitting as a Joint Venture.

The County shall not be responsible for re-calculation or interpretations of information provided on any form.

NOTE: These forms are periodically edited. Proposers must use the forms as they appear herein for this project.

vi. Modification or alteration of the documents contained in this solicitation or the Agreement resulting from this solicitation shall only be made upon receipt of prior written consent of the County. In addition, modifications, incomplete information, or otherwise altered, equivocal or undetailed pricing on Form T in submitted proposals may be grounds for disqualification from this procurement.

vii. The submission of GSA Forms 254 or 255 are not acceptable. The submission of these forms shall result in disqualification of your Proposal as non-responsive.

viii. Proposers are instructed NOT to include pictures, drawings, graphs, dividers or table of contents, except as noted. Submittal of pictures, drawings, graphs, dividers and/or table of contents may result in disqualification of your Proposal as non-responsive.

ix. With respect to Forms B, R, S, Z, AA, and BB, no sideways printing on pages will be permitted. Also, print must be no smaller than 12 point.

x. Proposers, their family, agents, friends, or lobbyists shall not contact any member of the Orange County Solid Waste Division or Procurement Committee, Orange County Commissioners or any Orange County staff (except as provided below) regarding this Proposal until such time as an Agreement is awarded. All inquiries pertaining to this Request for Proposals must be directed through the Procurement Division.

xi. Questions concerning this Request for Proposals must be directed only to Rolando Melo, Contracts Supervisor, email Rolando.Melo@ocfl.net. Any Proposer who initiates any discussions with staff in any manner other than that described above is subject to disqualification from this procurement.

xii. Information regarding Procurement Committee scheduling and Board approvals are available by calling the Procurement Division Reception Desk at (407) 836-5635 or by accessing the Procurement Committee schedule at http://apps.ocfl.net/OrangeBids/Procurement/default.asp.

xiii. Technical concerns/questions shall be submitted in writing, no later than 4:00 p.m.

on June 8, 2023 to:

Rolando Melo, Contracts Supervisor Rolando.Melo@ocfl.net

You may only contact Rolando Melo at any time during this process, including during the blackout period.

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

3. ORAL INTERPRETATION

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.

4. DRUG FREE WORKPLACE

The Drug Free Workplace Form (Form I) is attached and shall be completed and submitted with your proposal.

5. DRAFT AGREEMENT

The Agreement that the County intends to use for award is attached as Exhibit F. Any exceptions to this Agreement must be clearly indicated during the RFP question period, as described in Sections 6 and 7, below. No changes or exceptions to the Agreement will be considered with a proposal.

6. INQUIRIES AND ADDENDA

Each Proposer shall be solely responsible for fully investigating the scope of services to be provided, based on the terms and conditions described in this RFP, including the Agreement. Each Proposer must carefully examine the RFP before submitting a Proposal.

If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in this RFP, the Proposer must immediately notify the County’s Procurement Division in writing and request a modification or clarification of the RFP before submitting their Proposal. All questions about the RFP and all requests to modify the Agreement shall be submitted via e-mail to the County's Procurement Division (Rolando.Melo@ocfl.net). All questions and requests concerning the RFP, including the Agreement, must be transmitted to the County before the deadline for delivering written questions, as set forth in Subsection 2.xiii, above.

The County will timely issue a written addendum if the County wishes to revise this RFP.

The issuance of a written addendum is the only method that will be used by the County http://apps.ocfl.net/OrangeBids/Procurement/default.asp to provide binding, official interpretations, clarifications, changes, modifications or information concerning this RFP. Oral instructions, comments, and explanations provided by County employees and representatives regarding the RFP will not be binding upon the County and shall not be relied upon by any Proposer.

7. NO DEVIATIONS FROM RFP OR AGREEMENT

If a Proposer wishes to request changes to the RFP, including the Agreement, the Proposer must submit the recommended changes to the County in accordance with Section 6 of this RFP, before the Proposer submits a Proposal. The County will consider all written requests for changes to the RFP, including the Agreement, and the County will prepare a written response to each request. If a Proposer wishes to submit an alternate provision (i.e., specific language) for the County’s consideration, the Proposer should provide the specific language that the Proposer wants the County to adopt. If the County wishes to accept the Proposer’s recommendation, the County will issue an addendum concerning the recommendation before the deadline for the submittal of Proposals. In this fashion, all Proposers will be notified about the proposed change to the RFP or Agreement before they submit their Proposals. It is the County’s intention to issue a final draft of the Agreement as part of the last addendum issued at the end of Request for Clarification Period.

In the absence of any such addendum, each Proposer must base its Proposal on the assumption that the Successful Proposer will be required to execute the Agreement, subject to all of the terms and conditions in the Agreement. The County will reject any Proposal that is conditional or based on alternate contractual provisions. The County is under no obligation to revise the Agreement. Therefore, each Proposer should assume that no changes to the Agreement will be made after Proposals are received, except for the correction of scrivener’s errors and the incorporation of the Contractor’s name and prices.

A Proposer shall not attempt to limit, restrict, or qualify its Proposal. A Proposer’s adjustments, changes to, or deviations from the RFP will not be accepted by the County.

Any and all such terms, conditions, limitations, and qualifications shall have no force and effect.

8. SCHEDULE OF EVENTS

The County will use the following tentative schedule in the selection process. The County reserves its right to change and/or delay the scheduled dates and times.

Event Date RFP issued by County 05/05/23 Non-Mandatory Pre-Proposal Meeting 05/18/23 Deadline for Submitting Questions to County 06/08/23 Addendum Issued (if required) by County 07/07/23 Deadline for delivering Proposals to County 10/26/23 Presentations (if any) to Selection Committee January 2024 Board Awards Agreement March 2024

Contractor Begins Service under Agreement April 2024

9. AGREEMENT TERM AND RENEWALS

The Agreement Term contemplates a substantial investment for a new MRF and related infrastructure required to meet the Scope of Work and operating it to meet technical specifications of this RFP.

A. In order to provide an adequate return on the installed equipment over its lifetime, the initial Term of the Agreement will extend for twenty (20) years after the Commencement of Operations.

B. The Contractor shall amortize the fixed costs of the MRF building, associated facilities, and site work over twenty (20) years. Those costs will be included in the Processing Fee that the County shall pay to the Contractor. If the Agreement expires or terminates in less than twenty (20) years, the County will pay the Contractor consistent with the Agreement.

10. 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 one hundred and eighty (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.

11. SOLICITATION CANCELLATIONS

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

12. TERMS AND CONDITIONS

A. Proposers shall provide a letter from their insurance carrier confirming a willingness to provide insurance as in compliance with the Insurance section in the Agreement.

B. Selection shall be in accordance with the County’s adopted selection procedures.

C. The County reserves the right to accept or reject any or all Proposals that it may in its sole discretion deem non-responsive, to waive technicalities, or to accept the Proposal which, in its sole judgment, is most advantageous and best serves the overall interests of the County.

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

E. Any Proposal may be withdrawn until the date and time set above for the submission of the Proposals.

F. By submission of a Proposal, the Proposer agrees that all costs associated with the preparation of his/her Proposal will be the sole responsibility of the Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with the preparation of the Proposal and/or any administrative or judicial proceedings resulting from the solicitation process.

G. Proposers must not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin.

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

I. Any Proposer who submits in its Proposal to the County any information that is determined by the County, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration.

13. LIMITATIONS ON PROPOSER’S RIGHTS

By submitting a Proposal, each Proposer acknowledges and agrees that: (a) the submittal of a Proposal constitutes a binding offer by the Proposer and the offer shall not be withdrawn for at least one hundred eighty (180) days after the deadline for submitting Proposals; (b) no enforceable contract will arise between the County and the Proposer unless the County signs the Agreement with the Proposer; (c) no action will lie against the County to compel the County to execute the Agreement or any other contract at any time; (d) the County is not obligated to award its Agreement to the Proposer that offers the lowest prices to the County; and (e) the County shall be the sole judge of the procedure used to select the best Proposal and the determination of which Proposal is most advantageous to or in the best interests of the County.

14. SHORTLISTS, PROTESTS AND LOBBYING

The recommended short list of firms, ranked by score, highest to lowest, will be posted for review by interested parties at the Procurement Division and at:

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain for a period of five full business days. Failure to file a protest to the Procurement Division Manager by 5:00 PM on the fifth full business day after the posting date shall constitute a waiver of protest proceedings. Additional information relative to protests can be found at the following site:

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

Orange County Lobbyist Regulations General Information

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

http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

The Board of County Commissioners may void any contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the blackout period restrictions of Ordinance No. 2002-15.

15. ETHICS COMPLIANCE

The following forms are included in this solicitation and shall be completed and submitted as indicated below:

A. Orange County Specific Project Expenditure Report (Form K) -The purpose of this form is to document any expenses incurred by a lobbyist for the purposes described in Section 2-351, Orange County Code. This form shall be completed and submitted with any bid, proposal or other response to an Orange County solicitation.

The Proposer or responder to the solicitation shall not be awarded an Agreement unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the purchasing agent or contract administrator identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information.

B. Relationship Disclosure Form (Form L) – The purpose of this form is to document any relationships between a Proposer or responder to an Orange County solicitation and the Mayor or any other member of the Orange County Board of County Commissioners. This form shall be completed and submitted with the applicable Proposal or response to an Orange County solicitation.

No Agreement award will be made unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the purchasing agent or contract administrator identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information.

16. JOINT VENTURES

Joint venture firms must complete and submit with their Proposal the form titled “Information for Determining Joint Venture Eligibility”, (Form H) and a copy of the formal written and executed joint venture agreement between all joint venture parties. This joint venture agreement must be executed and indicate the parties’ respective roles, responsibilities and levels of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain and maintain all contractually required insurance in the name of the Joint Venture as required by the Agreement. Individual insurance in the name of the parties to the Joint venture will not be accepted. Failure to timely submit a completed Form H along with an attached formal written and executed joint venture agreement may result in disqualification of your Proposal.

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

17. CONFLICT/NON-CONFLICT OF INTEREST AND LITIGATION STATEMENT

Conflict/Non-Conflict of Interest and Litigation Statement shall be completed and signed.

Additional requested information shall be attached, if applicable.

18. PUBLIC ENTITY CRIME STATEMENT (FS 287.133)

A person or affiliate who has been placed on the convicted Contractor/vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor and/or subconsultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida State Statutes Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Contractor/vendor list.

19. GUARANTOR ACKNOWLEDGEMENT

The Proposer selected by the County shall be required to provide a corporate guaranty from its parent company (“Guarantor”) before the County signs its Agreement with the Proposer, whereby the Guarantor shall guarantee the performance of the Proposer’s obligations under the Agreement. The form and content of the corporate guaranty shall be substantially the same as the draft guaranty attached hereto in Form U and shall be subject to the prior approval of the County Attorney and the Director of Risk Management.

The guaranty must be executed by the parent company (i.e., the business entity that is at the top of any chart showing the corporate organization), not an intermediary between the Proposer and its parent.

20. SUBCONTRACTORS/SUBCONSULTANTS

Proposers shall list all proposed subcontractors and/or subconsultants to be used, regardless of racial or gender grouping. Include names, addresses, phone numbers, type of work subcontracted (discipline, trade or commodity), and proposed percentage of work.

Proposers are expressly prohibited from substituting subcontractors and/or subconsultants projected to perform five percent (5%) or more of the over-all work as stated in the written Proposal. Such substitution, for any reason, after opening of the Proposal, and prior to award by the County shall result in disqualification of the Proposal from further consideration for award, except in extraordinary circumstances. Examples of such circumstances are the subcontractors and/or subconsultants’ firm going out of business; death of the owner of the firm; or the inability of the subcontractor and/or subconsultant to perform the work specified. Should such an occurrence arise, it must be substantiated, and the subcontractor and/or subconsultant substitution approved, by the County prior to Agreement execution.

Requests for substitution of subcontractors who are cumulatively scheduled to perform less than five percent (5%) of the over-all scope of services may be considered only prior to final scoring of Proposals by the Procurement Committee. Such requests for substitution must be in writing accompanied by a written withdrawal from the originally listed subcontractor and/or subconsultant. Failure to comply with these requirements shall result in disqualification of the Proposal from further consideration for award. The Procurement Committee shall be the sole determinant regarding acceptance/rejection of requested substitutions.

21. FAILURE TO COMPLY WITH INSTRUCTIONS

Failure of any Proposer to comply with the INSTRUCTIONS TO PROPOSERS and TERMS AND CONDITIONS of this Request for Proposals, unless specifically identified as a mandatory requirement by the word “shall”, may render the Proposal non-responsive and ineligible from further consideration.

22. PROPOSER WARRANTY

The Proposer warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure this Agreement and that they have not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Proposer any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of this Agreement. For the breach or violation of this provision, the County shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

23. PROPOSAL ERRORS

Where Proposal forms have erasures or corrections, each erasure or correction must be initialed in ink by the Proposer. In case of unit price bid items, if an error is committed in the extension of an item, the unit price as shown in the Official Proposal Form will govern.

Errors between any sum, computed by the Proposer, and the correct sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words.

24. DEVIATIONS

Proposers are hereby advised that Orange County will only consider Proposals that meet the specifications and other RFP requirements. In instances where a deviation is stated in the Proposal, said Proposal may be subject to rejection by the County in recognition of the fact that said Proposal does not meet the material conditions required of the Proposer by the Agreement Documents.

25. MODIFICATION/ALTERATION OF SOLICITATION

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

26. AGREEMENT DOCUMENTS

The Agreement Documents shall include the documents stated in the Agreement (Titles, Subtitles, Headings, Running Headlines, Table of Contents and Indexes are used merely for convenience purposes).

27. EXECUTION OF WRITTEN AGREEMENT

The successful Proposer will be required to sign a written Agreement which has been made a part of this RFP and identified as the Agreement. Said written Agreement will evidence in written form the agreement between the parties pursuant to the award having been theretofore made by the County to this Proposer. The County will endeavor to execute the Agreement within ten (10) days following receipt of Notice of Award.

The County will issue an "Official Notice to Proceed" on the project within ninety (90) days after Agreement award. In the event the Official Notice to Proceed has not been issued by the County within the 90-day period above, the Contractor shall have the option to rescind the Agreement or continue with the Agreement as originally proposed.

28. LAWS AND REGULATIONS

The Proposer'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 solicitation and Agreement throughout, and they will be deemed to be included in the solicitation/Agreement the same as though herein written.

29. REQUIRED DISCLOSURE

Proposer shall disclose all material facts with its Proposal submission pertaining to any felony conviction or any pending felony charges in the last ten (10) years anywhere in the United States against (i) Proposer, (ii) any business entity related to or affiliated with Proposer, or (iii) any present or former executive employee, officer, director, stockholder, partner or owner of Proposer or of any such related or affiliated entity. This disclosure shall not apply to any person or entity who is a stockholder, owning less than 20% of the outstanding shares of a Proposer whose stock is publicly owned and traded.

The Proposer shall also disclose any civil conviction or pending civil litigation involving contract performance during the last ten (10) years anywhere in the United States against the Proposer, or against any business controlled by or affiliated with Proposer.

The Board of County Commissioners may reject, at its sole discretion, any Proposer the Commission finds to lack, or whose present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also reject any Proposer failing to make the disclosure required herein. By submitting a Proposal, Proposer recognizes and accepts that the Board of County Commissioners may reject any Proposal at its sole discretion and the Proposer waives any claim it might have for damages or other relief arising from the rejection of its Proposal or resulting directly or indirectly from the rejection of its Proposal based on these grounds or from the disclosure of any pertinent information relating to the reasons for rejection of its Proposal.

30. LICENSING REQUIREMENTS

The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation.

A. State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the services required in the RFP.

B. Said licenses shall be in the Proposer's name as it appears on the Official Proposal Form. Proposer shall supply appropriate license numbers, with expiration dates, as part of their Proposal. Failure to hold and provide proof of proper licensing, certification and registration shall be grounds for rejection of the Proposal.

C. Proposer shall provide copies of all applicable licenses with their Proposal.

D. Subcontractors contracted by the Contractor shall be licensed in their respective fields to obtain construction permits from the County.

31. PROPOSAL BOND, CONSTRUCTION PAYMENT AND PERFORMANCE BOND,

AND OPERATING TERM PERFORMANCE BOND

A. Proposal Bond - A Proposal Bond, in the amount of $250,000, shall be submitted with the Price Proposal portion of the Proposal. The Proposal Bond must be in the form of a certified check, cashier’s check, an irrevocable letter of credit or surety bond issued by a surety company, bank or business entity, as applicable, authorized to transact business in Florida. The Proposal Bond is conditioned upon the award of an Agreement, and the Successful Proposer submitting the specified Payment and Performance Bond substantially in the form provided by 255.05, Florida Statutes, which is a requirement of the Agreement.

B. Payment and Performance Bond, Construction - During the design and construction phase of this project, the selected Proposer shall provide and maintain a Payment Bond and Performance Bond in the full amount of construction (see Form T), as a condition precedent to Agreement execution by the County.

C. Performance Bond, Operations - At least 90 days before the Commencement of Operations and for the entirety of the operations phase of this Agreement, the Contractor shall provide a Performance Bond in the annual amount of the Processing Fee payment described in Exhibit D.

D. Conditions for all Bonds:

1. The Payment Bond and a Performance Bond shall be issued by a Surety company considered satisfactory by the County according to the criteria in

Section 33. This bond will be required from the successful Proposer for purposes of protecting the County from lawsuits for non-payment of debts as might be incurred during the successful Proposer's performance under such Agreement, and insuring the faithful performance of the obligations imposed by the resulting Agreement.

The Payment Bond and the Performance Bond forms are included in the Agreement Documents and said forms must be properly executed by the Surety Company and successful Proposer within ten (10) days after receipt of notification from the County of its award of the Agreement. The Contractor shall record all payment and performance bonds in Orange County public records as required by Florida Statutes, Chapter 255.05.

Before commencing the work, the Contractor shall provide to the Procurement Division Manager 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.

2. Failure to comply with these provisions will result in the forfeiture of the Proposal Bond, and of any eligibility to be considered for award of an Agreement. No plea of a mistake in the Proposal, or misunderstanding of the conditions of forfeiture, shall be available to the Proposer for the recovery, offset, or recoupment of its Proposal Bond, or as a defense or a separate claim to or in any civil action.

3. The Contractor shall record all payment and performance bonds in Orange County public records as required by Florida Statutes, Chapter 255.05.

Before commencing the work, the Contractor shall provide to the Procurement Division Manager 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.

E. Failure to provide the required surety for each phase of this Agreement will be grounds for default of the Agreement and forfeiture of the prior Bond then in force.

32. SECURITY FORFEITURE

When Proposal security has been required (Part C, Section 2, Paragraph h.): If, within ten (10) days after issuance of Notice of Award of an Agreement, the successful Proposer refuses or otherwise neglects to execute the required written Agreement, or fails to provide the parent corporation guaranty, or fails to furnish the required Performance Bond and Payment Bond, the amount of the Proposer's 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 Proposer for the recovery of his Proposal security or as a defense to any action.

33. QUALIFICATIONS OF SURETY COMPANIES

In order to be acceptable to the County, the surety company issuing the proposal bond, the performance bond and the payment bond, as called for in this RFP, shall meet and comply with the following minimum standards:

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

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.

D. Attorneys-in-fact who sign bonds or other Surety instruments must attach with each bond or Surety instrument a signed, certified and effectively dated copy of their power of attorney. Agents of Surety companies must list their name, address and telephone number on all bonds.

E. With regard to the bonds provided during the Construction Period, the life of the bonds shall extend twelve (12) months beyond the Completion of Construction and shall contain a waiver of alteration to the terms of the Agreement, extensions of time and/or forbearance on the part of the County.

F. Surety must have financial rating from A.M. Best Company (or other equivalent rating company) equal to or better than A- Class VIII.

G. Should the Proposal Bond, Payment 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.

34. INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY

The provisions of Florida Statute 768.28 applicable to Orange County, Florida apply in full to this Agreement. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the COUNTY acting within the scope of his/her office or employment are subject to the limitations specified in this statute.

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

The COUNTY shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment.

This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

35. OCCUPATIONAL SAFETY AND HEALTH ACT

In instances where such is applicable due to the nature of the Proposal matter with which this RFP package is concerned, all material, equipment, etc., as proposed and offered by Proposers must meet and conform to all OSHA requirements; the Proposer's signature upon the required executed Proposal Agreement submission being by this reference considered a certification of such fact.

36. SUBCONTRACTORS/SUPPLIER INFORMATION

Proposers must list all proposed subcontractors and suppliers to be used, regardless of racial or gender grouping, to include names, addresses, phone numbers, type of work subcontracted (trade or commodity), and dollar amount of work. Contractor shall not change any subcontractors without just cause and approval by the County.

37. SUBCONTRACTORS PAST PERFORMANCE

Proposer is responsible for verifying subcontractors’ satisfactory performance on previous Orange County projects. Failure to do so may impact Proposer’s responsibility determination.

38. PROPOSAL AND RELATED COSTS

By submission of a Proposal, the Proposer agrees that all costs associated with the preparation of his/her Proposal will be the sole responsibility of the Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with the preparation of the Proposal and/or any administrative or judicial proceedings resulting from the solicitation process.

39. LICENSES/PERMITS/FEES

In compliance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each permit, license, and/or fee applicable to this work/project (before, during, and after construction) will be the responsibility of the Contractor.

A. The cost of all permits, fees, etc. shall be included in the Proposal price except where noted otherwise in this RFP.

B. The Orange County Government Fee Directory, incorporated herein by reference, contains a list of licenses, permits and fees that may apply to this project.

The fee directory link “Fees” is available at:

http://www.orangecountyfl.net/portals/0/resource%20library/open%20government /FeeDirectory.pdf

Proposers shall review all applicable licenses, permits and fees and contact the applicable agency if there are any questions.

40. EQUAL OPPORTUNITY

The County’s policies of equal opportunity and non-discrimination are intended to assure equal opportunities to every person, regardless of race, religion, sex, 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 and enforced by Section 17-314 of the Orange County Code and the County’s relevant Administrative Regulations. It is also the County policy that person(s) doing business with the County shall recognize and comply with this policy and that the County shall not extend public funds or resources in a manner as would encourage, perpetuate or foster discrimination. As such:

A. The Contractor shall adopt and maintain, or provide evidence to the County that Association has adopted and maintains, a policy of nondiscrimination as defined by Section 17-288 of the Orange County Code, throughout the term of this Agreement.

B. The Contractor agrees that, on written request, the Contractor shall permit reasonable access to all business records or employment, employment advertisement, applications forms, and other pertinent data and records, by the County, for the purpose of investigating to ascertain compliance with the non-discrimination provisions of this Agreement; provided, that the Contractor shall not be required to produce for inspection records covering periods of time more than one year prior to the date of this Agreement.

C. The Contractor agrees that, if any obligations of this Agreement are to be performed by subcontractor(s), the provisions of subparagraphs A and B of this Section shall be incorporated into and become a part of the subcontract.

41. TOBACCO FREE CAMPUS

All Orange County operations under the Board of County Commissioners 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.

42. UNBALANCED PRICING

A. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirectory.pdf http://www.orangecountyfl.net/portals/0/resource%20library/open%20government/FeeDirectory.pdf significantly over or understated as indicated by the application of cost or price analysis techniques.

The greatest risk associated with unbalanced pricing occur when:

1. Startup work and mobilization are separate line items.

2. Base year quantities and option year quantities are separate line items; or the…