Y23-825.pdf

ISSUE DATE: June 16, 2023

NOTICE

REQUEST FOR PROPOSALS

FOR

ENGINEERING SERVICES FOR SOUTH WATER RECLAMATION FACILITY (SWRF)

ADVANCED WASTEWATER TREATMENT IMPROVEMENTS

RFP #Y23-825-GO

The Board of Orange County, Florida, is accepting sealed electronic Proposals to be received for ENGINEERING SERVICES FOR SOUTH WATER RECLAMATION

FACILITY (SWRF) ADVANCED WASTEWATER TREATMENT IMPROVEMENTS.

Copies of the Request for Proposals (RFP) documents may be obtained from the Orange County Procurement Division by download at:

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

SUBMISSION DUE DATE:

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Thursday, July 27, 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.

PRE-PROPOSAL CONFERENCE:

A Non-Mandatory Pre-Proposal Conference will be held on Wednesday, June 28, 2023, 10:00 AM, via Webex Events at the following website:

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

Attendance is not mandatory but is encouraged.

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

Manager, Procurement Division https://ocfl.webex.com/ocfl/j.php?MTID=ma24b677d3b453baef242566a1ff3357f

Meeting number (access code): 2633 898 7697 https://secure.procurenow.com/portal/orangecountyfl

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 Gian Otero at 407-836-5634. You may contact Gian Otero at any time during this process, including during the blackout period.

RFP # Y23-825-GO

TABLE OF CONTENTS

NOTICE

PAGE

PURPOSE 1

INSTRUCTION TO PROPOSERS 1

TERMS AND CONDITIONS 3

MINORITY/WOMEN OWNED BUSINESS ENTERPRISE 4

SHORTLISTS, PROTESTS AND LOBBYING 6

ETHICS COMPLIANCE 6

PUBLIC ENTITY CRIME STATEMENT (FS 287.133) 7

SUBCONSULTANTS 7

BONUS POINTS FOR HIRING OF DISLOCATED WORKERS 8

BOUNS POINTS FOR HIRING SERVICE DISABLED VETERANS (SDV) 9

CONTRACT AWARD CRITERIA 9

KEY PERSONNEL 9

REFERENCE CHECKS 9

VERIFICATION OF EMPLOYMENT STATUS 10

WEIGHTED CRITERIA 11

SIMILAR PROJECTS 12

EXPERIENCE OF PROJECT TEAM 12

VOLUME OF WORK 12

ORAL PRESENTATIONS 13

PROCEDURES AFTER RECEIPT OF PROPOSALS 13

COST AND PRICING DATA 13

SUPPORTING DOCUMENTATION 14

DEBRIEFING OF PROPOSERS 14

PROPRIETARY INFORMATION 15

DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/

REQUIREMENTS/STATEMENTS OF WORK 17

EXHIBIT A SCOPE OF SERVICES WITH CAROLLO REPORT

CONTRACT

PROPOSER INFORMATION FORM A

PROJECT TEAM FORM B

LOCATION FORM C

SIMILAR PROJECTS (PROJECT MANAGER) FORM D

SIMILAR PROJECTS (PROJECT ENGINEER) FORM E

SKILLS & EXPERIENCE OF PROJECT TEAM FORM F

NOT USED FORM G

PROJECT SCOPE, APPROACH & UNDERSTANDING FORM H

CONFLICT/NON-CONFLICT OF INTEREST STATEMENT FORM I

EMPLOYMENT DATA FORM J

JOINT VENTURE INFORMATION FORM K

DRUG-FREE WORKPLACE FORM FORM L

LETTER OF INTENT FORM M

SPECIFIC PROJECT EXPENDITURE REPORT FORM N

RELATIONSHIP DISCLOSURE FORM FORM O

E-VERIFICATION CERTIFICATION FORM P

DISLOCATED WORKERS FORM WR

INSURANCE SAMPLE ENDORSEMENTS

REQUEST FOR PROPOSALS

FOR

ENGINEERING SERVICES FOR SOUTH WATER RECLAMATION FACILITY (SWRF)

ADVANCED WASTEWATER TREATMENT IMPROVEMENTS

RFP # Y23-825-GO

PURPOSE:

The Board of County Commissioners, Orange County, Florida, is soliciting Proposals to provide ENGINEERING SERVICES FOR SOUTH WATER RECLAMATION FACILITY

(SWRF) ADVANCED WASTEWATER TREATMENT IMPROVEMENTS.

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Thursday, July 27, 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.

PRE-PROPOSAL CONFERENCE:

A Non-Mandatory Pre-Proposal Conference will be held on Wednesday, June 28, 2023, 10:00 AM, via Webex Events at the following website:

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

Attendance is not mandatory but is encouraged.

INSTRUCTIONS TO PROPOSERS:

1. The time and date for receipt of proposals will be strictly observed. The time/date stamp clock in the electronic submittal portal shall serve as the official authority to determine timeliness of the Proposal.

2. 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).

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

Public Openings are held each Wednesday at 9:30am 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 https://ocfl.webex.com/ocfl/j.php?MTID=ma24b677d3b453baef242566a1ff3357f

Meeting number (access code): 2633 898 7697 or unforeseen delay, responses shall remain sealed until the next public meeting.

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

Visit:

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

Meeting number: 286 177 361 Password: Go2Meeting Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361 Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361 Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361 The physical meeting location is:

400 E. South Street, 2nd Floor, Orlando, Florida 32801

4. Proposers must submit ONLY the attached forms, lettered A through P, in the same order as presented herein. Failure to submit all forms may result in disqualification of your Proposal. However, failure to submit forms B, C, D, E, F, H and J may negatively impact the evaluation of the Proposal. This shall also apply to Form K 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. Form G is not used.

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

6. 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.

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

8. With respect to Forms D, E, F and H, no sideways printing on pages will be permitted. Also with respect to Forms D, E, F and H, print must be no smaller than 12 point.

9. Proposers shall not contact any member of the Orange County Procurement Committee or any staff (except as provided below) regarding this Proposal until such time as a contract is awarded. All inquiries pertaining to this Request for Proposal must be directed through the Procurement Division.

10. Questions concerning this Request for Proposals must be directed to Gian Otero, Contracting Agent, email Gian.Otero@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.

11. 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.

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b mailto:Gian.Otero@ocfl.net http://apps.ocfl.net/OrangeBids/Procurement/default.asp

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

on July 12, 2023 to:

Gian Otero, Contracting Agent Gian.Otero@ocfl.net

You may contact Gian Otero at any time during this process, including during the black out period.

13. If your response contains any information deemed confidential, in accordance with Chapter 119 of the Florida Statutes, provide an additional upload with a redacted version of your response labeled REDACTED. Electronic copy shall be in Microsoft Word or Adobe – the most recent software version.

14. 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 Manager of the Procurement Division.

15. DRUG FREE WORKPLACE

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

16. DRAFT CONTRACT

The contract that the County intends to use for award is enclosed for reference.

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

17. 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 twenty (120) 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.

18. SOLICITATION CANCELLATIONS

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

19. TERMS AND CONDITIONS:

mailto:Gian.Otero@ocfl.net

1. A minimum coverage of Professional Liability Insurance in the amount of

$5,000,000 (with a deductible permitted not in excess of $500,000) will be required for this project.

2. Selection shall be in accordance with F.S. 287.055 and the County’s adopted selection procedures.

3. 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 over-all interests of the County.

4. 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.

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

6. 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.

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

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

9. 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.

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

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

20. MINORITY/WOMEN OWNED BUSINESS ENTERPRISE:

A. Proposers must address how they intend to comply with the Orange County

M/WBE Ordinance, No. 94-02 and amended by Ordinance No. 2009-21. The goal of certified minority/women business enterprise is 27% of the contract value for this project. The Ordinance also addresses minority/women group employment levels setting goals to encourage each Proposer to maintain 18% minority and 6% women employee workforce levels in specific categories.

B. All participating M/WBE firms must be currently certified by Orange County.

The Business Development Division’s most recent M/WBE directory is available by e-mail or through the Orange County web site at OrangeCountyfl.net. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification.

All firms must be Orange County certified at time of submittal of the Proposal and must be certified in the area(s) for which they will be used. If a firm claims to be certified, but is not listed in the Directory the Proposer should obtain a copy of their Orange County Certificate and/or contact the Business Development Division at (407) 836-7317 for verification of certification.

C. The County has program whereby M/WBE firms designated as graduates can participate in the M/WBE program only on specified projects. All professional service solicitations for which the County has estimated the overall contractual fees to be awarded to the prime in excess of $500,000 are eligible for graduate M/WBE participation. The prime consultant will receive full M/WBE credit for the use of graduate MWBE’s that meet all other requirements. The contract solicited through this RFP is estimated to be valued over $500,000 and therefore, graduate M/WBE’s are eligible to participate. It is the proposing firm’s responsibility to ensure that graduate M/WBE’s are not listed in proposals to meet M/WBE participation requirements on projects in which they are not eligible to participate.

D. Proposers must submit signed Letter of Intent (Form M-1) with their Proposal for all current Orange County certified M/WBE sub-consultants identified on Form B. These Letters of Intent must indicate the scope of work to be performed by every M/WBE plus the percentage of the overall contract value for all years of the contract to be contracted to the listed sub-consultant. Letters of Intent must be signed by both the Proposer and the M/WBE sub-consultant.

The Consultant must include in the subcontract agreement:

1. Whereas the prime consultant is being paid in accordance with the Local Government Prompt Payment Act, consultant shall incorporate a 72-hour prompt payment assurance provision and payment schedule in all sub-consultant agreements between the prime and sub-consultants.

Note: The County reserves the right to verify that all sub-consultants are being paid within 72 hours of the County’s remittance to the prime consultant.

2. The following statement: “It is the M/WBE’s responsibility to submit the required quarterly payment verification form to the prime and final M/WBE Payment Verification Form to the Business Development Division denoting the percentage of the overall contract fees”.

3. Termination clause to state: ‘Notwithstanding any termination provisions in this Sub-consultant Agreement, the Prime Consultant shall not terminate this Sub-consultant Agreement without prior written authorization of the Orange County Business Development Division Manager, nor shall the

Prime Consultant amend this Sub-consultant Agreement, or reduce the Scope of Work or monetary value awarded under this Sub-consultant Agreement, without prior written authorization of the Orange County Business Development Manager.’

4. The sub-consultant agreement shall include: (a) the percentage of the overall contract value; and (b) the dollar amount based on the percentage of the contract value (if available at the time of the sub-consultant agreement).

5. All subconsultant agreements shall be contingent upon the term (whether terminated, renewed or extended) of the Prime’s contract with the County.

The M/WBE’s failure to submit the required documents could negatively impact their M/WBE certification.

E. The awarded prime consultant’s responsibilities and requirements are itemized below:

(1) File copies of all executed sub-consultant agreement/contracts between the prime and all M/WBE sub-consultants on the project to Orange County Business Development Division one time for the duration of the contract.

(2) The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to each sub-consultant utilized by the prime consultant on the project. This will include, but not limited to:

copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the prime consultant prior to the issuance of final payment.

(3) The sub-consultant agreement shall include: (a) the percentage of the overall contract value to be sub-contracted; and (b) the dollar amount based on the percentage of the contract value to be sub-contracted (if available at time of sub-consultant agreement).

(4) The prime consultant shall submit an updated quarterly MWBE utilization report, Equal Opportunity Workforce Schedule and M/WBE payment verification forms for all professional service contracts. It is the responsibility of the Prime Consultant to submit the payment verification forms with the referenced reports. The required reports are to be submitted to the Business Development Division no later than the fifth day after end of reporting period.

Payment applications, task authorizations and contract renewals may be delayed if these reports are not submitted every quarter in a timely manner until completion of project indicating final report.

Failure of the M/WBE to comply with the submittal of the payment verification forms to the Prime consultant could negatively affect their re-certification.

(5) Notwithstanding any termination provisions in this Sub-consultant Agreement, the Prime Consultant shall not terminate this Sub-consultant Agreement without prior written authorization of the Orange County Business Development Division Manager, nor shall the Prime Consultant amend this Sub-consultant Agreement, or reduce the Scope of Work or monetary value awarded under this Sub-consultant Agreement, without prior written authorization of the Orange County Business Development Manager.

(6) Upon execution of any renewal or extension to this contract, the

Prime Contactor shall execute renewals with all approved specified sub-contractors for the full duration of the contract. All sub-contract agreements shall be contingent upon the term (whether terminated, renewed, or extended) of the Prime’s contract with the County.

(7) The prime consultant shall expeditiously advise all M/WBE’s and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the M/WBE firm on their team.

Execution of the contract between Orange County and the Proposer shall be contingent upon the filing of executed contracts between the Proposer and the M/WBE subs listed on Form B and included on Form M-1 with the Business Development Division.

23. SHORTLISTS, PROTESTS AND LOBBYING: The recommended short list of firms, rank by score, highest to lowest, will be posted for review by interested parties at the Procurement Division and at http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp prior to submission through the appropriate approval process and will remain for a period of five full business days. Failure to file a protest to the Procurement Division Manager by 5:00 PM on the fifth full business day after the posting date shall constitute a waiver of protest proceedings. Additional information relative to protests can be found at the following site:

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

Orange County Lobbyist Regulations General Information

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

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

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

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

24. 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 -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 bidder, proposer or responder to the solicitation shall not be awarded a contract unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the contracting agent 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 – The purpose of this form is to document any relationships between a bidder, 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 bid, proposal or response to an Orange County solicitation. No contract award will be made unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the contracting agent identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information.

25. Joint venture firms must complete and submit with their Proposal the form titled

“Information for Determining Joint Venture Eligibility”, (Form K) 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 Contract. Individual insurance in the name of the parties to the Joint venture will not be accepted. Failure to timely submit a completed Form K along with an attached formal written and executed joint venture agreement may result in disqualification of your Proposal.

26. Conflict/Non-Conflict of Interest and Litigation Statement shall be completed and signed. Additional requested information shall be attached, if applicable.

27. PUBLIC ENTITY CRIME STATEMENT (FS 287.133)

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or Proposal 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, subconsultant 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 Florida State Statutes Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

28. SUBCONSULTANTS

Proposers shall list all proposed subconsultants to be used, regardless of racial or gender grouping. Include names, addresses, phone numbers, type of work subcontracted (discipline, trade or commodity), proposed percentage of work, and the M/WBE or Majority designation (M/WBE or Non-M/WBE). Form B is provided for this information.

Proposers are expressly prohibited from substituting 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 subconsultants’ firm going out of business; death of the owner of the firm; or the inability of the subconsultant to perform the work specified. Should such an occurrence arise, it must be substantiated, and the subconsultant substitution approved, by the County prior to contract execution.

Requests for substitution of subconsultants 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 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.

29. Failure of any Proposer to comply with the INSTRUCTIONS TO PROPOSERS and

TERMS AND CONDITIONS of this Request for Proposal, unless specifically identified as a mandatory requirement by the word “shall”, may render the Proposal non-responsive and ineligible from further consideration.

30. 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 Contract 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 Contract. 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 Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.

31. BONUS POINTS FOR HIRING OF DISLOCATED WORKERS

Proposers may be awarded a maximum of five (5) bonus points for a commitment to hire dislocated workers residing in Orange County, Florida as full-time employees for the duration of the contract. One point will be awarded for each new full-time hire up to and including a maximum of five (5) points.

To be eligible for bonus points, Proposers must complete Form WR – Section I (attached) listing the number of dislocated workers to be hired full-time and submit with the Proposal. Bonus points shall only be awarded once for any one individual hired. Individuals hired may be employed in any position within the firm but must be hired on a full-time basis.

Within five (5) days after the contract award, the Proposer shall contact the Business Development Division Liaison, at (407) 836-5485 to assist with meeting this requirement.

The failure of the CONSULTANT to comply with these hiring commitments after contract award shall be grounds for termination of the contract for default.

During performance of the contract, the Consultant will take appropriate steps to ensure that individuals hired under this program are retained. However, if it becomes necessary to replace an employee, the Consultant shall contact the Business Development Division (BDD) Liaison. At its discretion, the County may periodically request submission of certified payrolls to confirm the employment status of program participants.

32. BONUS POINTS FOR HIRING REGISTERED SERVICE-DISABLED

VETERANS

Additional point consideration will be available for those proposing to hire certified registered service-disabled veteran business enterprises. Proposers will receive the following point allocation:

A. Registered service-disabled veteran business enterprise proposers competing as a prime consultant shall receive five (5) points;

B. Registered service-disabled veteran business enterprise proposers with registered service-disabled veteran business enterprise sub-consultants on their team shall receive two points for each sub-consultant up to a maximum of ten (10) points;

C. Proposers with registered service-disabled veteran business enterprise sub-consultants on their team shall receive two points for each sub-consultant up to a maximum of ten (10) points.

D. All SDV firms must be Orange County registered at the time of submittal of the proposal and must be registered in the area(s) for which they will be used. If a firm claims to be registered, but is not listed on the County’s website, ocfl.net, the Proposer should obtain a copy of their Orange County registration and/or contact the Business Development Division at 407-836-7317 for verification of registration. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola counties) are eligible for Orange County registration.

E. Proposers shall submit signed Letters of Intent (Form M-2) with their proposal for all current Orange County registered subconsultants identified on

Form B These letters of Intent must indicate the scope of work to be performed by every registered SDV plus the percentage of the overall contract fees to be contracted to the listed subcontractor. Letters of Intent must be signed by both the Proposer and the SDV subconsultant.

F. The Consultant’s responsibilities and requirements are itemized below:

1. Incorporate a 72-hour prompt payment assurance provision and payment schedule in all contracts between the prime and sub- Consultant.

2. File copies of all executed subcontractor agreement/contracts between the prime and all SDV subconsultants on the project to Orange County Business Development Division.

3. The Consultant shall furnish written documentation evidencing actual dollars paid to each subconsultant utilized by the prime Consultant on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the prime Consultant prior to the issuance of final payment.

4. The Consultant shall submit an “Equal Opportunity Workforce Schedule” report for all professional service contracts. The required reports are to be submitted to the Business Development Division no later than the fifth day after end of reporting period.

5. The Consultant shall not substitute, replace or terminate any SDV firm without prior written authorization of the Business Development Division, nor shall the Consultant reduce the scope of work or monetary value of a subconsultant without written authorization of the Business Development Division. The Consultant shall notify the Business Development Division of any additional awards to the SDV firm on the Consultant’s team and the addition of any new SDV firm to the Consultant’s team on that project.

6. The Consultant shall expeditiously advise all SDV’s and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the SDV firm(s) on their team.

Execution of the contract between Orange County and the Proposer shall be contingent upon the filing of executed contracts between the Proposer and the SDV subs listed on Form B and included on Form M-2 with the Business Development Division.

Proposers are expressly prohibited from substituting subconsultants projected to perform five percent (5%) or more of the overall 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 subconsultants’ firm going out of business; death of the owner of the firm; or the inability of the sub-Consultant to perform the work specified. Should such an occurrence arise, it must be substantiated, and the sub-substitution approved, by the County prior to contact execution.

Requests for substitution of subconsultants 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 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.

The proposer understands that this RFP does not constitute an agreement or contract with the Proposers.

Any Proposers who submits a Proposal to the County with 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.

When considering two (2) or more proposals, or replies for the procurement of commodities or contractual services, where at least one is from a registered service-disabled veteran business enterprise but which are otherwise equal with respect to all relevant considerations, including price, quality, and service, the Procurement Division Manager shall award such procurement or contract to the registered service-disabled veteran business enterprise.

If a registered SDV, entitled to the vendor preference and one (1) or more other M/WBE businesses also entitled to this preference, or another vendor preference provided by the Orange County Code, submits bids, proposals, or replies for the procurement of goods or services which are otherwise equal with respect to all relevant considerations, including price, quality and service, then the Procurement Division Manager will award the procurement or contract to the business having the smallest net worth.

The Proposer shall contact the Business Development Division Liaison at 407- 836-8363 for any questions and/or concerns as it relates to Registered Service- Disabled Veterans.

33. CONTRACT AWARD CRITERIA

The County will award a single contract for this requirement.

34. KEY PERSONNEL

The Project Manager and Project Engineer must be two different individuals. The Project Manager must be currently employed by the Prime Consultant, and both shall be a Professional Engineer registered in the State of Florida.

35. REFERENCE CHECKS

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

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

36. VERIFICATION OF EMPLOYMENT STATUS

The Contractor is required to be registered with the U.S. Department of Homeland Security’s E-Verify system prior to entering into a contract with Orange County.

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

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

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

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

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

37. WEIGHTED CRITERIA

The following criteria and weights shall be utilized in the evaluation of the Proposals:

Phase 1 Criteria Weight

Similar Projects Completed by the Proposed 15 Project Manager (Form D)

Similar Projects Completed by the Proposed 10 Project Engineer (Form E)

Skills and Experience of the Project Team 15 (Form F)

Volume of Work Previously Awarded by the County 5

M/WBE Participation 15 (Form B, J, K, M)

Location 10

Phase 1-Written Approach, Understanding, Scope Response 15 (Form H)

Dislocated Worker Hires 5 Bonus Points

Registered SDV SubConsultant Hires 10 Bonus Points

Registered SDV Prime proposers 5 Bonus Points

Phase 2- Technical Presentation of Approach, Understanding, Scope Response

TOTAL 100

All proposers achieving a minimum of 255 points shall be deemed qualified to advance to Phase 2.

Phase 1 short listed scores will be posted in accordance with Provision 23, SHORTLISTS, PROTESTS AND LOBBYING. There will be no consideration for Phase 1 protests once the Phase 1 posting period concludes.

38. STIPEND

Each proposer who submits a qualified and responsive proposal for the design of South Water Reclamation Facility Advanced Wastewater Treatment Improvements, achieving a minimum score of 255 points, thereby advancing to Phase 2, will be eligible for a $50,000 stipend. The purpose of this stipend is to allow the Owner to identify the best features in each design; own and use that work product to generate the ideal design for the County. Accordingly, the firm receiving the award will not receive a stipend.

39. TECHNICAL EVALUATION PHASE 2 – EVALUATION REQUIREMENTS

The order of firm technical presentations will be determined by random draw at the time of the Procurement Committee, subject to a proposer achieving the minimum qualification score of 255 points.

A. Technical presentations will occur during the second phase of a scheduled Procurement Committee. Presentations will be a maximum of twenty minutes (20:00) in total run length. Any presentations that exceed the twenty minute maximum shall be stopped prior to completing. Videos are permitted within the twenty minute (20:00) total run length. The presentation must focus on concepts, renderings, innovative ideas, and potential challenges with solutions specific to this project. This presentation should be specifically tailored to this project, and not be a portfolio of similar projects.

The presentation must meet these requirements to qualify for the stipend.

B. Technical presentations should be inclusive of the following content:

• Provide renderings, new concepts and a general floor plan may be based upon the original concept provided in the Carollo Report included within Exhibit A. The presentation may ignore the concept provided and generate a new concept that meets the general requirements noted in the RFP. Creativity and innovative ideas within the bounds of the existing plant property is expected. Identifying potential challenges with recommended solutions.

• Keeping the existing plant in service while meeting permit conditions is critical and should be creatively demonstrated how this will be achieved during construction of the recommended alternative.

• Operational flexibility should be demonstrated if applicable to the recommended alternative.

• Phasing and Screening of the construction areas will be critical to the success of the project with the Universal theme park expect to open in 2025. Describe your teams’ efforts to limit impact on adjacent properties using innovative phasing and/or screening techniques.

C. Following each presentation, the Procurement Committee reserves the right to conduct a question and answer session with that presenting firm. A firm’s responses during the question and answer session are expressly limited solely to the firm’s corporate executive “C-level” personnel or those specific Key Personnel as listed in the firm’s RFP response.

D. After all technical presentations and associated question and answer periods are concluded, the Procurement Committee will reconvene to score Phase 2.

40. SIMILAR PROJECTS

“Similar Projects” for the purposes of this RFP has been defined as:

Project Type A: A new domestic wastewater treatment facility or improvements to an existing domestic wastewater treatment facility which either constructed a new advanced waste treatment (AWT) plant or converted an existing plant to AWT respectively. The plant shall provide a minimum AWT wastewater treatment capacity of at least 4 Million Gallons Per Day (MGD) Annual Average Daily Flow (AADF) or greater after substantial completion of the project. The facility must be located within the state of Florida.

Project Type B: Improvements to an existing domestic wastewater treatment facility located within the 48 contiguous United States of America providing a new or additional major treatment unit process. The capacity of the domestic wastewater treatment facility must be 1.5 MGD AADF or greater after substantial completion of the project. The new unit process does not require an increase in permitted capacity. Acceptable unit processes are an on-site plant influent pump station that pumps directly to the headworks, screening of raw wastewater, grit removal, activated sludge treatment basin, secondary clarifiers, filters, disinfection, sludge stabilization and sludge dewatering.

The Project Manager and Project Engineer shall three projects each. Each project shall illustrate the following elements have been completed:

1. Preliminary Design Services

2. Final Design Services

3. Permitting Services

4. General Construction Phase Services (Construction must be substantially complete to demonstrate this element).

The following criteria shall apply:

a. For the Project Manager: Element 2 is a mandatory element. The project will receive consideration for one (1) point if all four (4) elements were successfully completed. The project will receive consideration for one-half (1/2) point if three (3) elements were successfully completed. The project will receive zero (0) points if Element 2, Final Design Services, is not included. The project will receive zero (0) points if three (3) elements were not successfully completed.

b. For the Project Engineer: Element 2 is a mandatory element. The project will receive consideration for one (1) point if three (3) elements were successfully completed. The project will receive consideration for one-half (1/2) point if two (2) elements were successfully completed. The project will receive zero (0) points if Element 2, Final Design Services, is not included. The project will receive zero (0) points if two (2) elements were not successfully completed.

c. The Project Manager and Project Engineer may submit the same projects.

d. To receive credit for the Construction Administration Element (Element 4), projects shall have reached Substantial Completion within the fifteen (15) years immediately preceding the advertisement date of this Request for Proposals (RFP). All other elements must have been successfully completed within the twenty (20) years immediately preceding the due date of proposals in response to this RFP.

e. For purposes of this RFP, the term “advanced waste treatment” means that treatment which can provide a reclaimed water product that contains not more, on an annual average basis, than the following concentrations:

1. Biochemical Oxygen Demand (CBOD5) - 5mg/l

2. Suspended Solids - 5mg/l

3. Total Nitrogen, expressed as N - 3mg/l

4. Total Phosphorus, expressed as P - 1mg/l

f. No more than three (3) “Similar Projects” shall be submitted for evaluation of the proposed Project Manager and the proposed Project Engineer. If more than three

(3) Similar Projects are submitted, only the first three (3) listed shall be considered for evaluation. An individual shall be considered the Project Manager of a project only if the individual actually performed the day-to-day management of the project and this is verified by the reference contact of the project provided by the proposer.

g. The proposed Project Manager and Project Engineer, each, must submit a minimum of one (1) Project Type A and must score at least one (1) point on the submitted project. Failure to score at least one (1) point on a Project Type A will result in a score of zero (0) for a Project Type A and a possible maximum score of two (2) points for the “Similar Projects” score.

DEFINITIONS:

PROJECT MANAGER: Individual who managed the project team and administrative elements of the project, was the primary point of contact for the client, directed the production of the planning/design/construction work products, while performing those services from initial design to substantial completion of the project and is verified by the reference contact of the project provided by the Proposer.

PROJECT ENGINEER: Individual who assisted the Project Manager as the lead technical supervisor of the project planning/design/construction activities as described in the similar project criteria. The position served as the point of contact for the client in the Project Manager’s absence.

SUCCESSFULLY COMPLETE: An experience element is considered successfully completed when the owner takes beneficial use or acceptance of finalized documents.

SUBSTANTIAL COMPLETION: is defined as the owner having beneficial use of the project or individual phase if the project was constructed in phases. If the project was phased, not all phases need to be substantially complete. Only the individual relevant project milestone must have been substantially completed.

The Proposer shall ensure that the basic description of the similar project, including all required performance requirements and/or dimensions are identified and that the elements are adequately explained in the text. The description shall document how the particular element was performed in conjunction with the overall project. The mere listing of elements without specific details in the body of the description will negatively impact the scoring for the project.

Failure to identify the specific performance requirements and/or dimensions of the project to ensure it meets the similar project description shall negatively impact that project’s score.

Note: Determination of a project as similar shall be at the sole discretion of the County.

41. EXPERIENCE OF THE PROJECT TEAM

It is the responsibility of the Proposer to verify sub-consultants and/or other team member’s…