Y25-809_Solicitation.pdf

ISSUE DATE: July 16, 2025

NOTICE

REQUEST FOR PROPOSALS

FOR

ENGINEERING SERVICES FOR THE ORLO VISTA INTEGRATED WATER

RESOURCES PROJECT

RFP #Y25-809-CC

The Board of Orange County, Florida, is accepting sealed electronic proposals to be received for ENGINEERING SERVICES FOR THE ORLO VISTA INTEGRATED

WATER RESOURCES PROJECT.

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 CONFERENCE:

A Non-Mandatory Virtual Pre-Proposal Conference will be held on Wednesday, July 23, 2025, 10:30 AM, via Webex. Attendance is not mandatory but is encouraged.

Join from the meeting link https://ocfl.webex.com/ocfl/j.php?MTID=m514dc2f80c15456e1223cbba3e230e1e Join by meeting number Meeting number (access code): 2337 795 5557 Meeting password: JmsDdMJd253 Join by phone 1-408-792-6300 Call-in toll number (US/Canada)

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

Manager II, Procurement Division https://secure.procurenow.com/portal/orangecountyfl https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=m514dc2f80c15456e1223cbba3e230e1e

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 Corie Cummings at (407) 836-5597. You may contact Corie Cummings at any time during this process, including during the blackout period.

RFP # Y25-809-CC

TABLE OF CONTENTS

NOTICE

PAGE

PURPOSE 1

INSTRUCTION TO PROPOSERS 1

TERMS AND CONDITIONS 4

ORAL INTERPRETATION 4

DRUG FREE WORKPLACE 4

DRAFT CONTRACT 4

SOLICITATION CANCELLATIONS 4

SELECTION 4

ACCEPTANCE/REJECTION/CANCELLATION 4

CLARIFICATION 4

WITHDRAWL OF PROPOSAL 4

PROPOSAL PREPARATION 5

SHORTLISTS, PROTESTS AND LOBBYING 5

ETHICS COMPLIANCE 5

JOINT VENTURE FIRMS 6

CONFLICT/NON-CONFLICT OF INTEREST AND LITIGATION STATEMENT 6

PUBLIC ENTITY CRIME STATEMENT (FS 287.133) 6

SUBCONSULTANTS 6

CONTINGENT FEES 7

CONTRACT AWARD CRITERIA 7

KEY PERSONNEL 7

REFERENCE CHECKS 7

VERIFICATION OF EMPLOYMENT STATUS 8

WEIGHTED CRITERIA 8

SIMILAR PROJECTS 9

EXPERIENCE OF PROJECT TEAM 9

ORAL PRESENTATIONS 10

PROCEDURES AFTER RECEIPT OF PROPOSALS 11

COST AND PRICING DATA 11

SUPPORTING DOCUMENTATION 12

DEBRIEFING OF PROPOSERS 12

PROPRIETARY INFORMATION 12

DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF

SPECIFICATIONS/ REQUIREMENTS/STATEMENTS OF WORK 13

FEDERAL REQUIREMENTS 13

SUBCONTRACTING AND REQUIRED OUTREACH TO SMALL AND 14

MINORITY BUSINESS ENTERPRISE (MBE), WOMEN BUSINESS

ENTERPRISES (WBE), AND LABOR SURPLUS AREA FIRMS

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 16

FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS 16

EXHIBIT A SCOPE OF SERVICES

EXHIBIT B DRAFT CONTRACT

PROPOSER INFORMATION FORM A

PROJECT TEAM FORM B

INTENTIONALLY OMITTED FORM C

SIMILAR PROJECTS (PROJECT MANAGER) FORM D

SIMILAR PROJECTS (PROJECT ENGINEER) FORM E

SKILLS & EXPERIENCE OF PROJECT TEAM FORM F

INTENTIONALLY OMITTED FORM G

PROJECT SCOPE, APPROACH & UNDERSTANDING FORM H

CONFLICT/NON-CONFLICT OF INTEREST STATEMENT FORM I

INTENTIONALLY OMITTED FORM J

JOINT VENTURE INFORMATION FORM K

DRUG-FREE WORKPLACE FORM FORM L

DRAFT CONTRACT REDLINES AND EXCEPTIONS TABLE FORM M

SPECIFIC PROJECT EXPENDITURE REPORT FORM N

RELATIONSHIP DISCLOSURE FORM FORM O

E-VERIFICATION CERTIFICATION FORM P

AGENT AUTHORIZATION FORM FORM Q

CERTIFICATION REGARDING LOBBYING FOR

CONTRACTS, GRANTS, LOANS, AND COOPERATIVE

AGREEMENTS, APPENDIX A, 44 C.F.R. PART 18 FORM R

SCHEDULE OF SUBCONTRACTING AND AFFIDAVIT OF FORM S

COMPLIANCE WITH 2 CFR §200.321 REQUIREMENTS

(OR 45 C.F.R. §75.330 FOR HEALTH AND HUMAN SERVICES FUNDS)

FEDERAL DEBARMENT CERTIFICATION FORM FORM T

INSURANCE SAMPLE DOCUMENTS

REQUEST FOR PROPOSALS

FOR

ENGINEERING SERVICES FOR THE ORLO VISTA INTEGRATED WATER

RESOURCES PROJECT

RFP # Y25-809-CC

PURPOSE:

The Board of County Commissioners, Orange County, Florida, is soliciting proposals to provide ENGINEERING SERVICES FOR THE ORLO VISTA INTEGRATED WATER

RESOURCES PROJECT.

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 Wednesday, July 23, 2025, 10:30 AM, via Webex. Attendance is not mandatory but is encouraged.

Join from the meeting link https://ocfl.webex.com/ocfl/j.php?MTID=m514dc2f80c15456e1223cbba3e230e1e Join by meeting number Meeting number (access code): 2337 795 5557 Meeting password: JmsDdMJd253 Join by phone 1-408-792-6300 Call-in toll number (US/Canada)

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 https://secure.procurenow.com/portal/orangecountyfl https://ocfl.webex.com/ocfl/j.php?MTID=m514dc2f80c15456e1223cbba3e230e1e

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 T, 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, D, E, 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 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.

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. Failure of any Proposer to comply with the INSTRUCTIONS TO PROPOSERS and Terms and Conditions of this Request for Proposals, may render the proposal non responsive and ineligible from further consideration.

7. 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.

8. 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.

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

10. 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 Proposals must be directed through the Procurement Division.

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

11. Questions concerning this Request for Proposals must be directed to Corie Cummings, Contracting Agent, email Corie.Cummings@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.

12. 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.

13. Technical concerns/questions shall be submitted in writing, no later than 5:00 p.m.

on August 4, 2025 to:

Corie Cummings, Contracting Agent Procurement Division 400 E. South Street, 2nd Floor Orlando, Florida 32801 Corie.Cummings@ocfl.net

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

14. 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.

15. 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.

16. DRUG FREE WORKPLACE

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

17. 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.

mailto:Corie.Cummings@ocfl.net http://apps.ocfl.net/OrangeBids/Procurement/default.asp mailto:Corie.Cummings@ocfl.net

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.

18. 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.

19. 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.

20. 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

21. SELECTION

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

22. ACCEPTANCE/REJECTION/CANCELLATION

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.

23. CLARIFICATION

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.

24. WITHDRAWL OF PROPOSAL

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

25. PROPOSAL PREPARATION

By submission of a proposal, the Proposer agrees that all costs associated with the preparation of their 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.

26. 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.

27. 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 http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp http://www.orangecountyfl.net/VendorServices/VendorProtestProcedures.aspx http://www.orangecountyfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx concerning this form shall be addressed to the contract 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.

28. JOINT VENTURE FIRMS

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 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 and executed copy of the joint venture agreement may result in disqualification of your Proposal.

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

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

30. 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.

31. SUBCONSULTANTS

Proposers shall list all proposed subconsultants to be used. Include names, addresses, phone numbers, type of work subcontracted (discipline, trade or commodity) and proposed percentage of work. Form B is provided for this information. Additionally, proposers shall complete the Schedule of Subcontracting and Affidavit of Compliance with 2 CFR §200.321 Requirements (or 45 C.F.R.

§75.330 for Health and Human Services Funds), Form S.

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

Requests for substitution of subconsultants who are cumulatively scheduled to perform less than five percent (5%) of the over-all scope of services may be considered only prior to final scoring of Proposals by the Procurement Committee.

Such requests for substitution must be in writing accompanied by a written withdrawal from the originally listed subconsultant. Failure to comply with these requirements shall result in disqualification of the Proposal from further consideration for award. The Procurement Committee shall be the sole determinant regarding acceptance/rejection of requested substitutions.

32. CONTINGENT FEES

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.

33. CONTRACT AWARD CRITERIA

The County will award a single contract for this requirement.

34. KEY PERSONNEL

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

35. REFERENCE CHECKS

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

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

36. VERIFICATION OF EMPLOYMENT STATUS

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

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

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

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

By submission of a bid 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.

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

37. WEIGHTED CRITERIA

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

Criteria Weight

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

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

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

Approach, Understanding, Scope Response 30 (Form H)

TOTAL 70

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.

38. SIMILAR PROJECTS

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

Project Type A: A project consisting of a minimum of 2 million gallons per day stormwater or surface water treatment including pretreatment, filtration, and disinfection to meet discharge for public access reuse standards or better.

Project Type B: A project with installation or replacement of a duplex pump station capable of operating a minimum of 700 gallons per minute (GPM).

Project Type C: A project consisting of a minimum continuous length of 500 linear feet (LF) of an 8-inch diameter or larger pressurized transmission pipe that was installed within a limited access easement or public, county, state or city right of way.

To obtain points for a “similar project”, the following project elements must be illustrated:

1. Preliminary Engineering

2. Design Services

3. Permitting Services

4. Construction Administration (construction must be given “Substantial

Completion” to demonstrate this element).

The following criteria shall apply:

a. For the Project Manager: To be considered for one-half point, mandatory elements 1, 2, and 3 must be demonstrated. The project will receive zero points if element No. 1, 2, and 3 are not met. The project will receive consideration for one point if all four elements were successfully completed.

b. For the Project Engineer: Elements 1, 2, and 3 are mandatory elements.

The project will receive consideration for one point if three elements were successfully completed. The project will receive one-half point if only two of the elements are met. Submission of up to three Project Engineers is allowed.

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

d. To receive credit for the Permitting Services Element (Element 3), both the

Project Manager and Project Engineer must each have at least one project submitted that involved obtaining a local, state, or other jurisdictional permit within a designated wetland area. Failure of either the Project Manager or Project Engineer to meet this requirement will result in a one-point deduction per individual from the applicable similar project experience criteria for that proposed key personnel.

e. For the proposed Project Manager to receive credit for the Construction

Administration Element (Element 4), projects must have reached “Substantial Completion” within the fifteen years immediately preceding the due date of proposals in response to this RFP. All other elements must have been successfully completed within twenty years immediately preceding the due date of proposals in response to this RFP.

f. Similar Projects should be projects within the continental United States.

g. Proposers are instructed to submit three projects for the proposed Project

Manager. At least one project should be a Type A project. Failure to demonstrate at least one Project Type A will result in the first project receiving a score of zero.

h. Proposers are instructed to submit one Project Type A, one Project Type B, and one Project Type C for the proposed Project Engineer. One project may meet multiple project types; however, proposers are instructed to submit three projects. A score of zero will be assigned for projects submitted that do not meet this requirement.

DEFINITIONS:

PROJECT MANAGER: An individual shall be considered the Project Manager of a project only if the individual actually performed the day-to-day management of the project and this is verified by the reference contact of the project provided by the proposer.

PROJECT ENGINEER: An individual who served as the technical leader of the project planning/design/construction activities as described in the similar project criteria. The position may have served as the point of contact for the client in the Project Manager’s absence.

SUBSTANTIAL COMPLETION: The owner having beneficial use of the project.

SUCCESSFUL COMPLETION: Final completion of the work and the Owner has accepted the work. The date of final completion must be prior to the due date of proposals for this RFP.

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.

39. 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.

40. ORAL PRESENTATIONS

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

41. 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.

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.

42. 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 subconsultant 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.

43. SUPPORTING DOCUMENTATION

The County shall 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.

44. 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.

45. 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 bidders/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. Bidders/proposers must cite specific, applicable legal grounds to support a request for confidential treatment, of any portion of a bid/proposal. Requests by bidders/proposers to keep entire bids/proposals confidential are generally not supported by public records laws. At a minimum, the County will disclose the successful bidder’s/proposer’s name, the substance of the bid/proposal, and the price.

If the bidder/proposer requests confidential treatment, bidder/proposer must submit an additional copy of the bid/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, bidder/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.

Bidder/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 bidder’s/proposer’s request for confidential treatment of its bid/proposal.

Bidder/proposer agrees and understands that the County may make copies of, and distribute, the bid/proposal without any requested redactions, to facilitate evaluation. Bidder/proposer warrants that such copying will not violate the rights of any third party.

46. 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.

47. FEDERAL REQUIREMENTS

In the event this Contract is paid in whole or in part from any federal government agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause.

Equal Employment Opportunity: For any federally assisted construction contract, as defined in 41 CFR 60-1.3, the contractor, subcontractor, subrecipient shall follow all of the requirements of the Equal Opportunity Clause as stated in 41 CFR 60-1.4.

Davis–Bacon Act: For any federally assisted construction contract, in excess of two thousand dollars ($2,000), the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Davis-Bacon Act (40 U.S.C. 3141 – 3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and assisted Construction”); and the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

For a definition of “Construction” see 48 CFR 2.101.

Contract Work Hours and Safety Standards Act: For any federally assisted contract, in excess of one hundred thousand dollars ($100,000), that involves the employment of mechanics or laborers, the contractor, subcontractor, subrecipient shall comply with all of the requirements of the Contract work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704), as supplemented by Department of Labor Regulations (29 CFR Part 5).

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding one hundred thousand dollars ($100,000) must file the required Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements Appendix A, (Form R). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- Federal award.

Rights to Inventions Made Under a Contract or Agreement: For any federally assisted contract, awarded to a small business firm or nonprofit organization as defined in 37 CFR 401.2 for the performance of experimental, developmental, or research work, the contractor, subcontractor, subrecipient agrees to all of the terms in 37 CFR 401.14(a) and (b) regarding Patent Rights and The Allocation of Principal Rights.

Clean Air Act and the Federal water Pollution Control Act: For any federally assisted contract, or subgrant, in excess of one hundred and fifty thousand dollars ($150,000), the contractor, subcontractor, subrecipient or subgrant recipient shall comply with all of the requirements of the Clean Air Act (42 U.S.C. 7401 -7671q.)

and the Federal water Pollution Control Act as amended (33 U.S.C. 1251 – 1387).

Procurement of Recovered Materials:

(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

a. Competitively within a timeframe providing for compliance with the contract performance schedule;

b. Meeting contract performance requirements; or

c. At a reasonable price.

(2) Information about this requirement, along with a list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

Awarded Contractors are required to fully comply with all requirements outlined in 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

This contract is subject to change based on guidance from the Federal funding source.

48. SUBCONTRACTING AND REQUIRED OUTREACH TO SMALL AND MINORITY

BUSINESS ENTERPRISE (MBE), WOMEN BUSINESS ENTERPRISES (WBE),

AND LABOR SURPLUS AREA FIRMS

Proposers subcontracting any portion of the work shall state name and address of subcontractor and the name of the person to be contacted on the attached “Schedule of Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) Requirements”.

CAUTION

If subcontracting any portion of the work, a Proposers failure to submit an executed and notarized “Schedule of Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) Requirements” may result in the proposal being rejected as nonresponsive.

Proposers who are small and minority-owned, women-owned business enterprises, and labor surplus area firms shall not be exempt from complying with the affirmative steps outlined in 2 CFR §200.321 (or 45 C.F.R.

§75.330 for Health and Human Services funds) when subcontracting.

A. Orange County is receiving federal funding through Community

Development Block Grant – Disaster Recovery (CDBG-DR) Program (Infrastructure, Public Facilities and Mitigation Programs) for the services solicited in the Request for Proposals (RFP).

B. Among the many federal funding requirements, 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) mandates that the Prime Contractor/Sub-recipient partakes in five “affirmative steps” designed to ensure that small and minority-owned, women-owned business enterprises, and labor surplus area firms have been, and for the duration of the project continue to be, afforded subcontracting opportunities. These affirmative steps are:

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

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

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

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

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (SBA) and the

Minority Business Development Agency of the Department of Commerce.

C. In order to adequately document that the proposer has fulfilled this requirement, if Sub-contracting, the proposer shall complete the provided “Schedule of Subcontracting and Affidavit of Compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds) Requirements”. The affidavit shall be notarized for this proposal to be responsive.

D. The County reserves the right to request the following validation documentation throughout the performance period of the contract:

1. Copies of announcements/postings in newspapers, emails, web-postings, or other media for specific contracting/subcontracting opportunities that target small and minority businesses and women’s business enterprises;

2. Copies of announcements/postings of contracting/subcontracting opportunities in trade publications, minority, or women’s media that target small and minority businesses and women’s business enterprises.

3. Documentation of sources used to identify potential small and minority businesses and women’s business enterprises. A suggestion would be searching through the SBA’s Dynamic Small Business directory at the following internet address:

http://dsbs.sba.gov to search for registered minority and small businesses.

E. The County reserves the right to monitor the contractor/sub-recipient for continued compliance with 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds). The ability for that awarded contractor/sub-recipient to be awarded federally funded contracts in the future may be jeopardized should that awarded contractor/sub-recipient fail to comply with the intent and spirit of 2 CFR §200.321 (or 45 C.F.R. §75.330 for Health and Human Services funds).

F. Contact Business Development Division at (407) 836-7317, if you have additional questions pertaining to this requirement.

49. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

By submission of a proposal, Respondent affirms that it is…