Y25-807-GV_7.15.docx

ISSUE DATE: July 16, 2025

NOTICE

REQUEST FOR PROPOSALS

FOR

PARKS NEW SMALL RESTROOM PROTOTYPE DESIGN

RFP #Y25-807-GV

The Board of Orange County, Florida, is accepting sealed electronic proposals to be received for PARKS NEW SMALL RESTROOM PROTOTYPE DESIGN.

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, August 19, 2025, 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 MEETING:

A Virtual Non-Mandatory Pre-Proposal Meeting will be held on Friday, July 25, 2025, 11:00 AM, via Webex Events:

Meeting link:

https://ocfl.webex.com/ocfl/j.php?MTID=m19df03b1e26aecd3840a2c8f7adb0623

Meeting number: 2332 470 6560

Meeting password: 6QbVupPgY93

By phone: 1-408-792-6300

Access code: 23324706560

Attendance is not mandatory but is encouraged.

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 Gerson O. Vazquez at gerson.vazquezgonzalez@ocfl.net . You may contact Gerson O. Vazquez at any time during this process, including during the blackout period.

RFP # Y25-807-GV

TABLE OF CONTENTS

NOTICE

DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/

REQUIREMENTS/STATEMENTS OF WORK 17

EXHIBIT A SCOPE OF SERVICES

EXHIBIT B DRAFT CONTRACT

INSURANCE SAMPLE ENDORSEMENTS

REQUEST FOR PROPOSALS

FOR

PARKS NEW SMALL RESTROOM PROTOTYPE DESIGN

RFP # Y25-807-GV

PURPOSE:

The Board of County Commissioners, Orange County, Florida, is soliciting proposals to provide PARKS NEW SMALL RESTROOM PROTOTYPE DESIGN.

Sealed Electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, August 19, 2025, 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 Virtual Pre-Proposal Conference will be held on Tuesday, July 25, 2025, 11:00 AM, located at

Meeting link:

https://ocfl.webex.com/ocfl/j.php?MTID=m19df03b1e26aecd3840a2c8f7adb0623

Meeting number: 2332 470 6560

Meeting password: 6QbVupPgY93

By phone: 1-408-792-6300

Access code: 23324706560

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 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

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, and H 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 recalculation 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 nonresponsive.

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 nonresponsive.

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 Gerson Vazquez, Contracting Agent, email gerson.vazquezgonzalez@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) 8365635 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. on Monday August 4, 2025 to:

Gerson Vazquez, Contracting Agent gerson.vazquezgonzalez@ocfl.net

You may contact Gerson O. Vazquez 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 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 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 $>ded) 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 overall 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. 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.

21. 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.

22. 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.

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

24. 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.

25. SUBCONSULTANTS

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

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 contract execution.

Requests for substitution of subconsultants who are cumulatively scheduled to perform less than five percent (5%) of the overall 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.

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

27. 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.

28. 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.

29. 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. 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.

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 overall 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.

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.

30. CONTRACT AWARD CRITERIA

It is the County’s intent that the design developed under this solicitation will serve as a prototype for future projects of similar scope and function.The County will award a single contract for this requirement.

31. KEY PERSONNEL

The Project Manager shall be a Licensed Architect registered in the State of Florida Failure to submit a copy of the certification will result in the Project Manager receiving zero points for the similar projects submitted.

32. 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).

33. 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.

34. 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)

Location 10 (Form C)

Approach, Understanding, Scope Response 30 (Form H)

TOTAL 80

Dislocated Worker Hires 5 Bonus Points

Registered SDV SubConsultant Hires 10 Bonus Points

Registered SDV Prime proposers 5 Bonus Points

Impacts to Evaluation

If, due to regulatory or legislative updates, one or more of the weighted evaluation criteria identified in this solicitation cannot be applied, the minimum threshold to proceed shall be established at 60% of the maximum total weighted points (excluding bonus points, in the threshold calculation only). This adjustment is intended to preserve the integrity and intended balance of the evaluation process.

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

A project that included architectural, engineering and construction administration services for a new (or renovated) commercial facility (with a minimum of 3,000 square feet) successfully completed within the last 15 years immediately preceding the due date of proposals in response to this Request For Proposals. The Similar Project must have included the following elements:

1. Design services with the production of Construction Documents compliant with code and sufficient for bidding, including all site specific design and sustainability coordination (Such as LEED or Green Globes, if applicable). Proposers are instructed to detail LEED/Green Globes Level achieved if applicable on forms D1-D5.

2. Permitting Services including Permit Application and the modification of Contract Documents to meet the governing authorities’ requirements.

3. Provided Construction Administration services associated with architectural design, including all site specific design and utility coordination.

4. Bidding Services including providing Owner with Addenda information

5. Integration of disciplines such as Mechanical, Electrical, Plumbing, Fire Protection, Fire Alarm, Building Envelope and communication systems.

DEFINITIONS:

Project Manager: An Individual who managed the administrative elements of the project, was the primary point of contact for the client and directed the production of the work products.

Successfully Complete: means that the construction of the project is substantially complete, and the owner has beneficial use of the building.

PROJECT SCORING:

Proposers are instructed to submit five similar projects for the proposed Project Manager. Please use forms D-1 through D-5 for submittal of the Project Manager’s similar projects.

In order to receive consideration for one full point, the first 5 elements must be met. Failure to demonstrate all five elements shall result in a score of zero .

Failure to demonstrate the mandatory elements in any of the similar projects will result in that project receiving zero points.

The elements must have been successfully completed and the project must have been certified substantially complete prior to the date of submission for this RFP.

In order to receive consideration as a similar project, each project shall fully meet the project descriptions above. Failure to meet these requirements will result in the project not being considered as a similar project and receiving a score of zero for that project. The proposed Project Manager must have served as the Prime Consultant on a similar project.

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.

36. 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

37. ORAL PRESENTATIONS

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

38. 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. Upon expiration of the period allowed for protests, the item will be scheduled for the 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.

39. 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 statement of profit or operating margin requested.

The County reserves the right to request third-party audited financial statements by a licensed CPA based on project complexity and/or contract value. A detailed general ledger that is reconciled to the statement of direct labor, indirect labor, fringe benefits, general administrative and overhead costs shall be furnished upon request of the County.

All indirect costs shall be computed in accordance with 48 CFR Federal Acquisition Regulations, Part 31.

b. A detailed summary of any transactions between organizations under common control that are included in the indirect costs reported in paragraph “a.” above.

c. Raw labor rates by labor classification certified as accurate by an officer of the company.

d. Breakdown of the fee by task/labor classification and raw or billable hourly rate/number of hours.

e. Summary of fees for services to be provided by subconsultants.

f. Scope of work and fee Proposal from each sub supporting the above summary, on the subconsultants’ letterhead. The scope of work for each sub must support the scope of work of the prime Consultant’s contract.

g. Breakeven multiplier statement from each subconsultant (breakeven multiplier includes direct and indirect labor, general administrative and overhead costs) and the profit or operating margin clearly indicated.

h. Project schedule.

i. Breakdown of all out-of-pocket and/or direct expenses.

j. If any costs for local travel are included, there must be compelling reasons for such costs that must be adequately supported with specific justification.

40. SUPPORTING DOCUMENTATION

The County will require the selected Consultant to provide the following documentation to support the negotiated Proposal.

a. Scope of service as revised during contract negotiations. Note that changes should serve to clarify the scope and not add or delete from the scope of work as contained in the Request for Proposals.

b. Billable hourly rates for each proposed sub-consultant developed by multiplying the raw labor rates by the breakeven multiplier. This information must be certified by an officer of the firm. Breakeven multiplier includes direct and indirect labor, general administrative and overhead costs. The profit or operating margin must be clearly indicated

c. Valid insurance certificate(s) evidencing contractually required coverage.

41. DEBRIEFING OF PROPOSERS

Not later than thirty (30) days after Board approval of a selection or shortlist, a Proposer may submit a written request to the applicable contracting agent for a debriefing on the evaluation of their proposal. The contracting agent will schedule a meeting with the Proposer for the debriefing. However, at the Proposer’s request, the debriefing may be conducted via telephone conference. The debriefing shall include the following minimum information:

a. Key requirements of the solicitation.

b. The overall ranking of all proposals. The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation.

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

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

e. Responses to any relevant questions of the proposer.

Untimely debriefing requests will also be considered.

42. PROPRIETARY INFORMATION

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all proposers should be aware that formal solicitations and the responses thereto are in the public domain. Requests for confidential treatment will not supersede the County’s legal obligation to provide records to the public consistent with public records law. Proposers must cite specific, applicable legal grounds to support a request for confidential treatment, of any portion of a proposal. Requests by proposers to keep entire proposals confidential are generally not supported by public records laws. At a minimum, the County will disclose the successful proposer’s name, the substance of the bid/proposal, and the price.

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

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

43. DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/REQUIREMENTS/STATEMENTS OF WORK

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

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

44. ANTI-HUMAN TRAFFICKING

By submitting an offer in response to this solicitation, the respondent acknowledges that, if recommended for award, the timely execution of a Human Trafficking Affidavit is a condition of the contract.

Execution of any contract resulting from the award of this solicitation shall require respondents to attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Respondents are cautioned to review this form in detail as it is a firm requirement of the Contract. The Human Trafficking Affidavit can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

EXHIBIT B - DRAFT CONTRACT

Y25-807

THIS CONTRACT made and entered into this ______ day of ______________ 20___, by and between the:

a political subdivision of the State of Florida, hereinafter referred to as “COUNTY” and:

hereinafter referred to as “CONSULTANT”.

RECITALS

WHEREAS, the COUNTY desires to retain professional consulting services for PARKS NEW SMALL RESTROOM PROTOTYPE DESIGN

WHEREAS, the COUNTY desires to employ the CONSULTANT in connection with the services required, upon the terms and conditions hereinafter set forth, and the CONSULTANT is desirous of obtaining such employment and of performing such services upon said terms and conditions;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows:

I

SCOPE OF SERVICES/SPECIAL PROVISIONS

The CONSULTANT shall diligently and in a timely manner perform professional services for Orange County in connection with the PARKS NEW SMALL RESTROOM PROTOTYPE DESIGN Project. The scope of services/special provisions is described in Exhibit A, Scope of Services, entitled, “PARKS NEW SMALL RESTROOM PROTOTYPE DESIGN”, which is attached to this Contract, and incorporated by reference herein. Any and all scope of services/special provisions hereto which vary from the general provisions shall have precedence. Any and all drawings shall have precedence over written specifications.

II

PAYMENT

A. FEES: The COUNTY agrees to pay the CONSULTANT for the services described in Exhibit A, a >lump sum of >fee not to exceed $>______said compensation to be paid as set forth herein. Payment shall be based upon method(s) established at time of award.

B. PAYMENTS: The COUNTY shall pay the CONSULTANT in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes.

Progress payments shall be due and payable monthly in proportion to the percentage of work approved and accepted, in writing, by the COUNTY. All invoices shall be prepared in the format prescribed by the COUNTY. When an invoice includes charges from a subconsultant, the subconsultant’s invoice/backup shall accompany the CONSULTANT’S invoice. A separate Pay Item Breakdown sheet for the CONSULTANT and each subconsultant shall accompany each invoice. The CONSULTANT’S Pay Item Breakdown sheet shall include, in aggregate, the CONSULTANT’S and subconsultant’s pay items. All requests for payment must be accompanied by a narrative description of the scope of services from Exhibit A performed by the CONSULTANT and subconsultants during the period covered by the invoice. The narrative shall also describe the work to be performed during the next billing period.

C. SUSPENSION OF PROGRESS PAYMENTS BY COUNTY: In the event the CONSULTANT falls fifteen (15%) percent behind the Project completion schedule submitted in conformance with Article XI, Paragraph B of this Contract, no further progress payments will be made until the CONSULTANT brings the Project back on schedule or a revised schedule is submitted and approved or until all work has been completed and accepted the COUNTY.

D. PAYMENT IN EVENT OF TERMINATION BY COUNTY: In the event this Contract is terminated or canceled prior to completion, payment shall be made in accordance with the provisions of Article VII.

G. FEE LIMITATION CLAUSE: The CONSULTANT shall utilize the same hourly rates and multiplier in fee negotiations for subsequent phases of this project, except as provided by Article II, paragraph I, Price Adjustment. The number of hours required to complete each subsequent phase shall be negotiated at such time as the COUNTY initiates fee negotiations for that phase.

H. MULTIPLIERS

The following multipliers are applicable to this contract and shall remain in effect and unchanged for the duration of the contract, including any extensions thereto:

I. PRICE ADJUSTMENT

Written request for a price adjustment may be made only under the following conditions: