Y24-906_Final_.pdf

ISSUE DATE: October 2, 2024

NOTICE

REQUEST FOR PROPOSALS

FOR

CONTINUING ENGINEERING SERVICES FOR BUILDING COMMISSIONING

RFP Y24-906-RC

The Board of, Orange County, Florida, is accepting sealed electronic Proposals to be received for CONTINUING ENGINEERING SERVICES FOR BUILDING

COMMISSIONING .

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), Tuesday, November 5, 2024, 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 Virtual Non-Mandatory Pre-Proposal Conference will be held on Thursday, October 10, 2024, 2:00 PM, via Webex Events. Attendance is not mandatory but is encouraged.

Pre-Proposal Meeting Y24-906 Continuing Engineering Services for Building Commissioning https://ocfl.webex.com/ocfl/j.php?MTID=mbcefb0935c1913274f87861ff6273a73 Thursday, October 10, 2024 2:00 PM | 1 hour | (UTC-04:00) Eastern Time (US &

Canada) Meeting number: 2867 416 4166

Password: ewTTFDyC239 Join by video system

Dial 28674164166@ocfl.webex.com You can also dial 173.243.2.68 and enter your meeting number.

Join by phone 1-408-792-6300 Call-in toll number (US/Canada)

Access code: 286 741 64166 https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=mbcefb0935c1913274f87861ff6273a73

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

Manager II, 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 Rochelle Chambers at (407) 836-5680. You may contact Rochelle Chambers at any time during this process, including during the black out period.

RFP Y24-906-RC

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 8

BONUS POINTS FOR HIRING OF DISLOCATED WORKERS 9

BONUS POINTS FOR HIRING REGISTERED 9

SERVICE-DISABLED VETERANS (SDV)

CONTRACT AWARD CRITERIA 10

KEY PERSONNEL 10

REFERENCE CHECKS 10

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 18

ANTI-HUMAN TRAFFICKING 19

EXHIBIT A SCOPE OF SERVICES

EXHIBIT B DRAFT CONTRACT

PROPOSER INFORMATION FORM A

PROJECT TEAM FORM B

LOCATION FORM C

SIMILAR PROJECTS (PROJECT MANAGER) FORM D

NOT USED 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

EQUAL OPPORTUNITY WORKFORCE SCHEDULE FORM J

JOINT VENTURE INFORMATION FORM K

DRUG-FREE WORKPLACE FORM FORM L

DRAFT CONTRACT EXCEPTIONS AND REDLINES FORM M

SPECIFIC PROJECT EXPENDITURE REPORT FORM N

RELATIONSHIP DISCLOSURE FORM FORM 0

E-VERIFICATION CERTIFICATION FORM P

DISLOCATED WORKERS FORM WR

SAMPLE INSURANCE FORMS

REQUEST FOR PROPOSALS

FOR

CONTINUING ENGINEERING SERVICES FOR BUILDING COMMISSIONING

RFP Y24-906-RC

PURPOSE:

The Board of County Commissioners, Orange County, Florida, is soliciting Proposals to provide CONTINUING ENGINEERING SERVICES FOR BUILDING COMMISSIONING.

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, November 5, 2024, 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 Virtual Non-Mandatory Pre-Proposal Conference will be held on Thursday, October 10, 2024, 2:00 PM, via Webex Events. Attendance is not mandatory but is encouraged.

Pre-Proposal Meeting Y24-906 Continuing Engineering Services for Building Commissioning https://ocfl.webex.com/ocfl/j.php?MTID=mbcefb0935c1913274f87861ff6273a73 Thursday, October 10, 2024 2:00 PM | 1 hour | (UTC-04:00) Eastern Time (US &

Canada) Meeting number: 2867 416 4166

Password: ewTTFDyC239 Join by video system

Dial 28674164166@ocfl.webex.com You can also dial 173.243.2.68 and enter your meeting number.

Join by phone 1-408-792-6300 Call-in toll number (US/Canada)

Access code: 286 741 64166

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.

https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=mbcefb0935c1913274f87861ff6273a73

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

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

Visit:

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

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

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

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, 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, F and H, no sideways printing on pages will be permitted.

Also with respect to Forms D, 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 Rochelle Chambers, Contracting Agent, email Rochelle.chambers@ocfl.net. Any Proposer who initiates any discussions with staff in any manner other than that described https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b 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.

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

October 21, 2024, to:

Rochelle Chambers, Contracting Agent Procurement Division 400 E. South Street, 2nd Floor Orlando, Florida 32801 Rochelle.chambers@ocfl.net

You may contact Rochelle Chambers 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 INTREPRETATIONS

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 Draft Contract of this agreement (Exhibit B) is provided for reference and redlining. Proposed redlines, recommendations, and exceptions will only be considered for terms and conditions within the Draft Contract (Exhibit B).

Proposers are required to use the provided table format provided in Form M (Attachments) to articulate any proposed redlines to the Draft Contract. This structured format must be strictly followed to ensure proper evaluation. Note, exceptions relating to Instruction to Proposers, Terms and Conditions, Exhibit A Scope of Work/Services, and Supplemental Terms and Conditions will not be considered and should not be submitted.

Proposers are reminded that the purpose of this Request for Proposals (RFP) is to conduct a structured evaluation of competitive proposals. Any deviations from http://apps.ocfl.net/OrangeBids/Procurement/default.asp the prescribed RFP format or submission requirements that may hinder the County's ability to evaluate proposals effectively may result in the proposal being deemed non-responsive. Strict adherence to the submission guidelines is mandatory. Proposers are strongly encouraged to fully utilize the designated question and answer period to obtain all necessary clarifications before finalizing their proposals.

Modifications or alterations to the contract requested by proposer will only be deemed valid if mutually agreed upon in writing by both parties. The 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 using Form M. 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:

1. A minimum coverage of Professional Liability Insurance in the amount of $1,000,000 (with a deductible permitted not in excess of $100,000) 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 a graduate 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 M/WBE’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. The Consultant must include in the subconsultant 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 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 sub-consultant agreement).

3. 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”.

4. 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.”

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

e. The awarded prime 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 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.

(3) 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.

(4) 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).

(5) 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.

(6) 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.

(7) Upon execution of any renewal or extension to this contract, the Prime Consultant 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.

(8) 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 with the Business Development Division.

21. SHORTLISTS, PROTESTS AND LOBBYING: The recommended short list of firms, ranked 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.

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

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.

23. JOINT VENTURES

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 agreement between all joint venture parties. This joint venture agreement must 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 written copy of the joint venture agreement may result in disqualification of your Proposal.

24. CONFLICT OF INFORMATION

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

25. 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, consultant 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 vendor list.

26. 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 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 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 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.

27. 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.

28. 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 Contract 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.

29. 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) 836-5484 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 BDD Liaison. At its discretion, the County may periodically request submission of certified payrolls to confirm the employment status of program participants.

30. BONUS POINTS FOR HIRING REGISTERED SERVICE-DISABLED VETERANS

Additional point consideration will be available for those proposing to hire 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. 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- Consultants.

2. File copies of all executed sub-consultant agreement/contracts between the prime and all SDV sub-consultants on the project to Orange County Business Development Division.

3. The 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.

4. The Consultant shall submit an updated quarterly SDV utilization report and the “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 sub-consultant without written authorization of the Business Development Division.

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.

Proposers are expressly prohibited from substituting sub-consultants 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 sub-consultants’ 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 sub-consultants 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 sub-consultant. 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.

31. CONTRACT AWARD

The County reserves the right to award one or more contracts for this service if this action is determined to be in its best interest.

32. KEY PERSONNEL

The Project Manager must be currently employed by the Prime Consultant and shall be a Professional Engineer[TA1][CM2] registered in the State of Florida.

33. 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 contractors 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).

34. 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 incurred by Orange County as a result of the termination of the contract.

35. WEIGHTED CRITERIA

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

Criteria Weight

Similar Projects Completed by the Proposed 25 Project Manager (Form D)

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

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

Location 10 (Form C)

Volume of Work Previously Awarded by the County 5

Approach, Understanding, Scope Response 30 (Form H)

TOTAL 100

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

Dislocated Worker Hires 5 Bonus Points

Registered SDV SubConsultant Hires 10 Bonus Points

Registered SDV Prime proposers 5 Bonus Points

36. SIMILAR PROJECTS

"Similar Projects" for the purposes of this Request for Proposals (RFP) has been defined as:

A project that includes commissioning services, re-commissioning services, or retro-commissioning services substantially completed within the past ten (10) years immediately preceding the due date of proposal in response to this RFP, where the Commissioning Agent has served as the Commissioning Authority (CxA) to verify and assure the required performance of building assemblies.

Similar Projects must be for construction of a new or renovation of commercial or institutional (not residential) facilities of at least 5,000[TA3] square feet for which the Commissioning Agent serving as the CxA was primarily responsible for providing the following elements:

1. Reviewed design documents or as-built drawings to ensure that the design is energy efficient, and that the equipment is easily accessible and serviceable.

2. Reviewed commissioning specifications and the functional testing requirements to be included in the construction bid documents or to be used in the re-commissioning or retro-commissioning.

3. Coordinated, witnessed, and approved manual functional performance tests performed by installing contractors or contractors doing the re-commissioning or retro-commissioning work.

4. Provided Test & Balance Verification.

5. Provided a complete and comprehensive final commissioning report.

6. Participated in the review of the Contractor submittals applicable to systems being commissioned for compliance with commissioning specifications.

7. Performed construction administration for commissioning purposes that included services such as: site visits, attended selected planning and job-site meetings, reviewed construction meeting minutes, and assisted in resolving discrepancies.

8. Participated in the training of the Owner’s operating personnel.

9. Reviewed and approved the preparation of the O&M manuals.

Scoring Criteria

1) Proposer should submit five similar projects for the proposed Project Manager.

2) Elements number one (1) through five (5) are mandatory elements. In order to receive consideration for one-half (1/2) point, a similar project must contain the five (5) mandatory elements. Those similar projects with less than the five mandatory elements will receive zero (0) points. In order to receive consideration for one (1) full point, a similar project must contain ALL nine (9) elements. All elements must have been successfully completed and the construction of the project must be substantially complete.

Under this similar project description, the project may have been performed under a specific contract. Also, a specific project (task authorization) performed under a continuing contract may be submitted. However, the continuing contract is not acceptable as a similar project. If a specific project (task authorization) is submitted to represent any similar project, all details on the similar project form shall be limited to the specific project (task authorization). All elements of a similar project shall be demonstrated within the specific project (task authorization) and not the continuing contract. Continuing contracts submitted as a similar project will receive a score of zero points. Task authorizations completed under a continuing contract may be submitted as a similar project.

DEFINITIONS:

PROJECT MANAGER: The Project Manager will be the primary point of contact for the Engineering firm and personally oversee and direct all services of the Engineering firm for this project.

SUBSTANTIAL COMPLETION: Shall mean the completion of the Work by the Contractor to the point where the Owner may make beneficial use of the Work.

The date of substantial completion must be prior to the date of submission of proposals.

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.

37. EXPERIENCE OF THE PROJECT TEAM

It is the responsibility of the Proposer to verify sub consultants and/or other team member’s satisfactory performance on previous Orange County projects.

38. VOLUME OF WORK

The county shall evaluate information in its “Volume of Work” database to determine the Proposers’ scores for the Volume of Work criteria. This information is available on-line at:

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

This database includes only the award amounts specifically attributable to the consultant, either as a prime or as a sub-consultant or as a member of a joint venture under previously awarded contracts, contract amendments, purchase orders, task authorizations, and change orders to those purchase orders and task authorizations. In the case of mergers between two or more firms or a parent subsidiary relationship the combined fee for all companies involved will be considered. Fees will be counted towards the Volume of Work at the time of award (not invoices paid). Total fees under negotiation are based on the budget amount for professional services. The end date for volume of work calculations is the date set for receipt of proposal.

Volume of Work is calculated using the following formula:

CONTRACT PERIOD

TOTAL FEE AWARDED TO

PRIME CONSULTANT FACTOR ADJUSTED FEE AMOUNT

(1) From October 1, 2022 to April 1, $ X 1.0 = $

(2) First Year Past: 10/01/21- 9/30/22 $ X 0.75 = $

(3) Second Year Past: 10/01/20- 09/30/21

$ X 0.50 = $

(4) Third Year Past: 10/01/19-09/30/20 $ X 0.25 = $

(5) Total Fees Under Negotiation $ X 0.90 = $

TOTAL FEE CONSIDERED $

Proposers are cautioned that they are responsible for confirming the accuracy of their volume of work data prior to the time and date set for receipt of proposals.

Points will be awarded as follows:

Firms with no previous work with the County as a prime consultant or sub-consultant during the current fiscal year and previous fiscal years 5 Points

Firms with adjusted fees of $1 through $2,000,000 4 Points

Firms with adjusted fees of $2,000,001 through $3,000,000 3 Points

Firms with adjusted fees of $3,000,001 through $4,000,000 2 Points

Firms with adjusted fees of $4,000,001 through $5,000,000 1 Point

Firms with adjusted fees exceeding $5,000,000 0 Points

When a Joint Venture submits a proposal, the volume of work awarded by the County to each Joint Venture firm will be multiplied by the percentage of participation in the Joint Venture by that firm and those adjusted figures totaled to determine the total dollar amount to be used in the category.

39. ORAL PRESENTATIONS

At this time, oral presentations are not contemplated for this procurement.

40. PROCEDURES AFTER RECEIPT OF PROPOSALS

a. Proposals will be evaluated, scored and short-listed by a Procurement Committee based on the weighted criteria described herein.

b. After the Procurement Committee completes its evaluation, the evaluation results and the short-listed firms will be posted at the Public Notice Board at the Procurement Division office, 400 E. South St., Second Floor, Orlando, FL 32801 and at http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp.

c. Upon expiration of the period allowed for protests, the item will be scheduled for consideration at an upcoming Board of County Commissioners’ meeting. If oral presentations are required, the short-listed firms will be notified of the presentation procedures and schedule.

If oral presentations are not required, the short-list will be provided to the Board for discussion and approval.

41. COST AND PRICING DATA

The selected Consultant(s) shall provide the following documentation to support the negotiated fee proposal as a condition precedent to the execution of the contract:

A. An industry standard certified compilation of financial statements for any contract value that does not exceed $250,000, a review of financial statements for all continuing services contracts and any contract value that exceed $250,000, by third-party licensed Certified Public Account (CPA) for the most recently completed fiscal period, or within the last 12 months, clearly showing the costs (not percentage) of direct labor, indirect labor, fringe benefits, general administrative and overhead costs and a…