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Home My WebLink AboutItem 11 Approval of the Starke Lake 4E Nutrient Reduction Assessment with Wood Environment & Infrastructure Solutions, Inc 11N_ ocoee florida AGENDA ITEM COVER SHEET - Meeting Date: February15, 2022 Item # I J Reviewed By: Contact Name: Stephen C. Krug Department Director Contact Number: 6002 City Manager: / • Subject: Starke Lake 4E Nutrient Reduction Assessment with Wood'En ironment & Infrastructure Solutions,:Inc. Commissioner Wilsen, District 2. - ' Background Summary: The City has been working with the Florida Department of Environmental Protection (FDEP) under a Nutrient Reduction 4e program to determine why Lake Prima Vista had been experiencing elevated nutrient concentrations. The 4e designation allows the City to implement restoration activities on the lake within a 5 year.time frame before being placed on the Verified List of unpaired waterbodies. Due to the navigable connection between Starke Lake and Lake Prima Vista, FDEP is requiring the City expand the Nutrient Reduction Plan (NRP) to include Starke Lake. The City contracted, with Wood Environment & Infrastructure Solutions,. Inc. (Wood) to determine the source of the Lake Prima Vista impairment and implement the subsequent NRP. Public Works recommends continuing this expanded scope of work with Wood. The Wood team has additional local experience with similar issues, particularly with the Lake County Water Authority on the chain of lakes taking effluent from Lake Apopka. The first step is to complete a thorough "Category 4e Assessment" for Starke Lake in order to jointly develop the NRP with FDEP. Public Works is requesting Commission. approval to utilize Wood through Orange County's Contract No. Y20-906C for Continuing Water Quality Professional Services to provide the Starke Lake Nutrient Reduction Assessment. Public Works' has been in contact with other municipalities to verify_the pricing is in line with the scope of work. The $97,327.80:negotiated for these services fall within industry standards and is adequately funded in the Stormwater Division. Issue: Contract with Wood Environment & Infrastructure Solutions, Inc. through Orange County's Contract No. Y20-906C for Continuing Water Quality Professional Services for the Starke Lake Nutrient Reduction Assessment. Recommendations: Recommend approval to issue a purchase order to Wood Environment & Infrastructure Solutions, Inc. through Orange County's Contract No. Y20-906C for Continuing Water Quality Professional Services for the Starke Lake. Nutrient Reduction Assessment for a not to exceed amount of $97,327.80, approve to extend the services with Wood under the conditions of the existing Orange County Contract to the end of the contract term and through any extensions by the County and authorize the City Manager and staff to approve and execute change orders to the work in accordance with the limits established in the Purchasing Code. Attachments: Wood Environment & Infrastructure Solutions, Inc:Task Proposal Orange County's Contract No. Y20-906C for Continuing Water Quality Professional Services Financial Impact: The work is adequately funded in the Stormwater Division budget for professional services. Type of Item: (please mark with an`x) Public Hearing FT Clerks Dept Use.- Ordinance First Reading Consent Agenda Ordinance Second Reading ;. Public Hearing Resolution `Regular Agenda X Commission Approval Discussion&Direction Original,Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. SI-`0 . N/A Reviewed by ( ) N/A 2 w. Wood Environment.& Infrastructure Solutions, Inc. 550 Northlake Blvd., Suite 1000 Altamonte Springs, FL 32701 T:407-253-5438 www.woodplc.com November 12, 2021 Richard Campanale Public Works Department City Of Ocoee 301 Maguire Blvd. Ocoee, FL 43761 Via Email: rchard.campanalePci.ocoee.fl.us Re: Starke Lake Assessment Wood Project No.600713.2 Dear Mr.Campanale: Wood Environment& Infrastructure Solutions, Inc. (Wood) is pleased to provide the City of Ocoee ("City")with the following revised proposal for the Starke Lake Assessment. INTRODUCTION Starke Lake (WBID 3002D), is a 210-acre lake located within the Wekiva River Watershed in the City of Ocoee (Figure 1). Over the past 20 years,the lake has experienced declining water quality which is likely a combination of multiple factors that have led to loss of beneficial submerged vegetation and persistent algae blooms. Starke Lake is currently on the Department of Environmental Protection's (FDEP) Impaired Waters list for nutrients (total nitrogen and chlorophyll-a) and FDEP intends to develop a Total Maximum Daily Load (TMDL)for the lake unless an alternative, such as a 4e Nutrient Reduction Plan,can be implemented. The City has requested Wood Environment& Infrastructure Solutions, Inc. (Wood) evaluate water =. = quality conditions for Starke Lake using Numeric Nutrient Criteria and other relevant limnological assessment methods and to characterize the hydrology and water quality of Starke Lake to identify the primary sources of nutrient pollution. In addition,the City also requests identification and Wood'is a trading name for John Wood Group PLC and its subsidiaries conceptual evaluation of potential Best Management Practices designed to reduce the sources of nutrient pollutant loading within the Starke Lake watershed.The City requested Wood to prepare the following Scope of Services to perform a hydrological and nutrient loading assessment and lake management plan intended to characterize and ultimately improve the water quality in Starke Lake. All fieldwork performed by Wood will conform to the FDEP's Standard Operating Procedures for Field Activities, DEP-SOP-001/01, dated January 2017, effective April 16,2018.All laboratory analyses will be conducted based on requirements described in Chapter 62-160, FAC. Specific work efforts to achieve these objectives are described below. Wood will, at a minimum, perform the following specific tasks for the Starke Lake project: TASK 1 -ATTEND PROJECT KICK-OFF MEETING Wood will coordinate and attend a project start-up call with representatives of the City to review the overall project objectives,the scope of services, and the project schedule.Copies of all previous water quality investigations and data; engineering studies, and other information related to Starke Lake and the surrounding watershed areas will be provided to Wood by the City.Wood will provide a meeting agenda and an initial data request before the kick-off meeting. Wood will provide summary meeting minutes for review and approval by the City. TASK 2 REVIEW AVAILABLE DATA Wood has been collecting stormwater runoff data from several Starke Lake:outfall locations which will be utilized to estimate site-specific runoff conditions. In addition,.Wood has received historic water quality data for Stake Lake as part of previous efforts to assist the City with National Pollution Discharge Elimination.System (NPDES) reporting requirements. Wood will review these data together with the City to determine if additional data is available from the City. In addition,Wood will seek and utilize additional data, as available, including Orange County Water Atlas or STORET/WIN data.Water quality data will be compiled,and, if the data are sufficient,trend analyses will be conducted using the.Seasonal Mann-Kendall method.Wood anticipates the evaluation of the last ten years of data.Analyses will be conducted using parameters including, but not limited to,total phosphorus,total nitrogen, nitrate-N (NO3 + NO2), ammonia-N,chlorophyll-a, and Secchi depth. Long-term geometric means for the available period of record will be calculated for color and.alkalinity.Annual geometric means will be calculated for chlorophyll-a,total nitrogen, and total phosphorus.Wood will provide an assessment of Starke Lake water quality using NNC criteria and will compare results to the FDEP's findings.TN/TP ratios and TSI values will be Page 2 developed to help describe water quality conditions.The City will provide Wood with available lake level data, if available. TASK 3 - PERFORM FIELD RECONNAISSANCE AND ID BMPS Wood personnel will perform field reconnaissance, including recording GPS coordinates (provided in ArcGIS), of the major drainage features of the Starke Lake basin. Wood will attempt to locate the outfall structures to Starke Lake, but this may not always be possible if the structures are submerged or on private property. A field reconnaissance will be conducted to identify and locate (using GPS) conveyance systems and related stormwater structures/facilities within public rights-of-way.A figure of the drainage conveyance systems, including the observable direction of flow,will be generated which identifies major structures, piping, ditches, and other conveyance mechanisms that may be present.The approximate sizes of conveyance structures will be recorded.This task does not include any field survey or information related to elevations of structures or conveyance systems. Stormwater collection systems associated with developments will be included in the figure.when drainage designs are available through the St.Johns River Water Management District website. Wood will prepare a summary table and photographs of existing BMPs and conveyance systems within the public rights-of-way and City Of Ocoee property easements in the Starke Lake basin.This information will include the type and condition of the system and GPS coordinates.The information will be recorded and provided in ArcGIS format. TASK 4 DELINEATE WATERSHED SUB-BASINS Wood will delineate the Starke Lake watershed sub-basins based upon information in Task 3 and information provided by, but not limited to,the City.This task involves using the data collected in Task 3 to delineate the-sub-basin boundaries in GIS.The drainage basin area will be summarized for all sub-basins in both graphical and tabular formats. Page 3 TASK 5 -QUANTIFY.GROUNDWATER SEEPAGE Groundwater seepage can have a significant influence on the lakes hydrologic and nutrient budget.Wood will perform the following tasks to estimate the contribution from groundwater seepage: Installation of seepage meters: A maximum of four groundwater seepage meters will be installed in the approximate locations shown in Figure 3.The final locations of the seepage meters will be determined mutually by Wood and the City.Seepage meter locations will be selected in areas of minimal emergent vegetation, and recreational interference. Placement in these locations typically. provides the best performance and least chance of disturbance.Wood anticipates the installation of meters within 30 meters of the shoreline and two meters of depth since most of the seepage occurs within this zone ("Estimation of Downward Leakage in Florida Lakes", (Deevey, 1988)).The proposed seepage meter locations will be determined cooperatively with the City, based on a review of the Lakewatch bathymetry map. The City will notify the adjacent property owners prior to the installation of the seepage meters. Final seepage meter locations will be determined on the day of installation depending on actual bottom conditions.Wood will provide the GPS location of the meters to the City following installation.Once installed, seepage meters will remain open to the water column for the first week to allow the water to equilibrate in the sampling meters. Following this,Wood will install seepage meter bags containing a known quantity of water. Collection of water from seepage meters: Seepage meters will be sampled approximately every two months, or as needed,for a period of up to one year for a total of six sampling events. During each collection event,the volume of water will be measured,and water samples will be collected and transported, on ice,to the laboratory for physio-chemical analysis.Seepage bags containing less than the starting volume will not be used for analysis.Wood anticipates that up to 24 sets of water samples (4 seepage meters x 6 samples/year)will be collected.The water quality analyses will be performed by Southern Research Laboratories ("SRL", NELAP certification number E83484) and will include: (1) Total Kjeldahl Nitrogen (2)Total Nitrogen (calculated) (3) Total Ammonia Nitrogen (4) Orthophosphate (5) NOX(nitrite + nitrate) (6) Total Phosphorus (7) Total Suspended Solids Provided there is adequate volume, a field meter will be used to measure temperature, pH, ORP, and specific conductance.Also, Page 4 TASK 6- CHARACTERIZATION OF SURFACE AND STORMWATER RUNOFF QUALITY Surface Water Quality-Wood will collect twelve surface water samples (once per month,for up to twelve months)from one location in the center of the lake (Figure 3).Water samples will be delivered on ice to SRL for the following analyses: (1) Total Kjeldahl Nitrogen (TKN) (2) Total Ammonia Nitrogen(TAN). (3) NOx(nitrite + nitrate) (4) Total Nitrogen (TKN+TAN) (5) Orthophosphate (6) Total Phosphorus (7) Chlorophyll-a (8) Total Suspended Solids. (9) Total Alkalinity (10) Turbidity (11) Color A total of 12 surface water sample sets will be collected (1 location x 1 sample/month x 12 months). Secchi depth measurements will also be collected at the same time as water quality sampling. At the time of water sampling,water quality depth profiles will be conducted during each sampling event. Using a multimeter,water quality parameters will be collected in 0.5 m intervals beginning 0.5 m from the surface and terminating 0.5 m from the bottom.The parameters will include pH, specific conductance,temperature, dissolved oxygen (%saturation and concentration). Calibration logs and field notes will be provided to the City every month with each invoice. Stormwater Quality—No additional stormwater data collection is proposed as part of this effort. Wood will characterize select stormwater inputs to the lake, using data collected during NPDES outfall monitoring efforts. TASK 7—SEDIMENT PHOSPHORUS FRACTIONATION AND FLUX _Internal cycling from sediments can be a major source of nutrient loading to lakes.Therefore, quantifying sediment nutrient loading is critically important for limnological investigations. Thus, Wood proposes to conduct the following tasks: Sediment Phosphorus Fractionation: Wood will collect up to three surficial (top 10 cm) sediment cores in locations that are most representative of sediment conditions.After collection,the sediment samples will be sent to DB Labs. DB Labs will conduct a sequential digestion of the Page 5 sediments.This procedure will result in a quantitative fractionation of six forms of phosphorus ranging from labile to tightly adsorbed phosphorus. Percent moisture and bulk density will also be measured. Flux study:To determine the flux of nutrients from (or to)the sediments, intact cores will be collected, and incubated under aerobic and anoxic conditions in the Wood laboratory.The flux of nutrients from sediments is typically greater under anaerobic conditions, and lake sediments can frequently be:anoxic.Thus,this assessment provides an accurate measurement of nutrient flux under multiple lake conditions.A total of 6 cores [three locations x 2 treatments (aerobic and anoxic treatments)] will be collected. Laboratory analytes that will be measured as part of the intact sediment flux core incubations include ammonia-nitrogen and total phosphorus. Previous work conducted by Wood and others has shown that ammonia-nitrogen is an effective proxy for TN. In the laboratory,two (2) cores from each site will be incubated in the dark under a controlled temperature range that is consistent with ambient conditions at the collection site.The cores will be exposed to different redox treatments. One replicate will be randomly chosen from the duplicate set of cores,incubated, and analyzed under aerobic conditions,while the remaining replicate will be incubated and analyzed under anoxic conditions.Two additional core tubes containing only water (one aerobic and:one anoxic) will be incubated at the same time as the experimental cores as water controls. For the aerobic incubation treatment, atmospheric air will be bubbled into the water column of the core. N2 gas will be used for the anoxic treatment.Water samples from the water column in the:core will be removed from each core at the proposed approximate pre- determined intervals, preserved appropriately, and transported to the laboratory.The water that was removed at each sampling time interval will be replaced with an equivalent volume of filtered ambient site water. The cores will be incubated within the Wood laboratory for a period of up to two weeks with up to six discrete time intervals for a total of 48 [(6 cores x 6 sampling events) + (2 water control cores x 6.events)] sample sets.The exact time intervals will be based on lab operating hours after the sampling date is determined.Water quality samples will be delivered to and analyzed by SRL. TASK 8- DEVELOP A HYDROLOGIC BUDGET Hydrologic budgets will be developed for each sub-basin, based on hydrologic inputs and outputs including direct precipitation,stormwater runoff, evapotranspiration,and groundwater seepage. Page 6 Estimates of annual stormwater runoff inputs to Starke Lake from the contributing sub-watershed areas will be developed using computer spreadsheet modeling techniques.The modeling will be performed using site-specific hydrologic characteristics for each drainage sub-basin area, including basin size, percentage of impervious areas, land use, soil characteristics, and conveyance system types. Estimates of annual runoff inputs to the lake will be generated for each contributing sub- basin area.Wood will use the most recent land use available. TASK 9 DEVELOP A NUTRIENT BUDGET A nutrient budget will be developed based on the aforementioned hydrologic budget. Loading inputs will include aerial deposition (from literature values),flux estimates from sediment cores, seepage loading estimates from seepage meters, and modeled and measured stormwater runoff. input estimates.The budget will account for existing BMPs and the associated nutrient load reductions. TASK 10 - EVALUATE ALTERNATIVES FOR WATER QUALITY IMPROVEMENT Various in-lake solutions and watershed BMPs will be identified, evaluated, and ranked in a summary table.This proposal assumes three structural alternatives, but more may be added if necessary. Estimated costs (including land costs, design,-construction, and operation and maintenance)for the ranked BMP options will be presented, along with anticipated water quality benefits. Load reductions from proposed BMPs will be evaluated using BMPTrains.Cost efficiencies will be developed for each alternative based on a 20-year life cycle. Non-structural alternatives will be reviewed and included as appropriate, but at a minimum will include compliance with Orange County s fertilizer ordinance, regular maintenance of septic tanks and drainfields, and relevant components of the Florida Yards and Neighborhoods Homeowner Program. TASK 11 PREPARE DRAFT FINAL REPORT A Draft Final Report will be prepared and submitted electronically to the City.This report will include the results from Tasks 1-14.This report will include copies of Chain-of-Custody forms, laboratory reports, calibration logs, and field datasheets. GIS data produced during the project will also be provided to the City. Page 7 TASK 12 - PREPARE FINAL REPORT After receiving comments from the City,a Final Report will be prepared for the project and submitted electronically with the relevant supporting documentation. Lump-Sum for Scope of Services: $97,327.80 Completion Date: 14 months from issuance of purchase order The attached budget summary includes Wood's current hourly rates provided to Orange County under Contract Y20-906C for Continuing Water Quality Professional Services. We look forward to continuing our work with the City of Ocoee on this project. If you have any questions, please don't hesitate to contact me. Sincerely, Wood Environment& Infrastructure Solutions, Inc. ex-4/4, 0 Lance Lumbard Christine Mehle, PE, CFM: Project Manager Service Line Lead LL/CM:alh Attachments Page 8 FIGURES Figure 1 —Starke Lake �`►:. P!� . re� ✓ °a ,1 . end g.� c e e e,". : i •• ♦ °care 44:4.. .01 4,' ,A.le .. :' e�? L • Surface Water samvie sae . A •� w" l �l I ; t \ 9 a yi.;hue fi „ �,. �, .,.'! o n e_ (Surface Water Sample Site - a - y F'R 'ri n-' r tos ., d jX ,eel ::w„` { wake Cake -,t e.� y ' il 0 -Ir A " ra -C k ,r ;i7r r y b ;y. r r Ur t ' i� '+. ► y Les. °' - llC d r .. •,nre - 2 ' }sue FIGURES BUDGET Project Name:Starke Lake Assessment Budget Details Contract: Firm Name:Wood Project#600449.13 Task 2--Review Available Task 3--Field Task 4--Delineate Task Number and Name Task 1--Kick Off Meeting Data Reconnaissance/ID BMPs Watershed sub-basins Labor Cost: Raw Rate Title #hours Total #hours Total #hours Total #hours Total Principal(Discounted) $214.80 $0.00 $0.00 $0.00 $0.00 Associate $174.36 3 $523.08 2 $348.72 2 $348.72 2 $348.72 Senior 2/Project Mgr $144.62 $0.00 $0.00 $0.00 $0.00 Senior 1/Project Mgr $120.66 3 $361.98 4 $482.64 8 $985.28 2 $241.32 Professional Engineer/Scientist 3 $91.44 $0.00 $0.00 16 $1,463.04 $0.00 Professional Engineer/Scientist 2 $83.22 $0.00 18 $1,331.52 4 $332.88 4 $332.88 Professional Engineer/Scientist 1 $74.65 $0.00 $0.00 16 $1,194.40 $0.00 Sr.Designer $104.41 $0.00 $0.00' $0.00 12 $1,252.92 CADD Tech $64.08 $0.00 $0.00. $0.00 $0.00 Sr.Technician $68.61 $0.00 $0.00• $0.00 $0.00 Technician $55.33 $0.00 $0.00• $0.00 $0.00 Admin $55.49 $0.00 2 $110.98 2 5110.98 2 $110.98 Labor.Task Total 6 $885.06 24 $2,273.86 48 $4,415.30 22 $2,286.82 Out-of-Pocket Item Description unit Price Qty Total Qty Total Clty Total Qty Total Seepage Meter $500.00 Sediment Core Incubation(each) $150.00 Jon boat 16'and trailer $165,00 Peristaltic Pump $45.00 YSI Pro DSS Rental $130.00 Cartridge Filters(0.45 urn) $33.00 Out-of-Pocket.Task $$0.00 S0.00 $0.00 $0.00 Miscellaneous Subcontractor Cost(a): Subcontractor Name 1ot4! total Total Total D8 Environmental SRL 00 0fi 0` $0.00 $0.00 Subcontractors.Task $0.00 S0.00 AWL 50.000�0 $0.00 !Total Task Cost I $885.061 $2'273.861 ` - - i,i,lt 1 nl 3 Project Name:Starke Lake Assessment Budget Details Contract: Firm Name:Wood Project#600449.13 Task 6--Characterize Task 7--Sediment Task 5--Quantify Surface and Stormwater Phosphorus Task 8--Develop Task Number and Name Groundwater Seepage Quality Fractionation and Flux Hydrologic Budget Labor Cost: Raw Rate Title #hours Total #hours Total #hours Total #hours Total Principal(Discounted) $214.80 i $0.00 $0.00 $0.00 $0.00 Associate 5174.36` 5 $871.80 5 $871.80 20 $3,487.20 6 51 046.16 Senior 2/Project Mgr $144.62 $0.00 $0.00 $0.00 $0.00 Senior 1/Project Mgr $120.66 5 $603.30 5 $603.30 8 $96528 8 $965.28 Professional Engineer/Scientist 3 $91.44 30 $2,743.20 48 $4,369.12 $0.00 0 $0.00 Professional Engineer/Scientist 2 $83.22 $0.00 $0.00 $0.00 32 $2,663.04 Professional Engineer/Scientist 1 $74.65 30 $2 239.50 48 $3,583.20 112 $8,360.80 $0.00 Sr.Designer $104.41 0 $0.00 $0.00 16 $i 670.56 $0.00 CADD Tech $64.08 $0.00 $0.00 $0.00 $0.00 Sr.Technician $68.61 $0.00 $0.00 $0.00 $0.00 Technician $55.33 0 $0.00 $0.00 $000 $0.00 Admin $55.49 2 $110.98 $0.00 $000 $0.00 Labor.Task Total 72 $6,568.78 106 $9,447.42 156 $14,483.84 46 34,674.48 Out-of-Pocket Item Description Unit Price Qty Total Qty Total Qty Total Qty Total Seepage Meter $500.00 4 $2,000.00 Sediment Core Incubation(each) $150.00 6 $900.00 Jon boat 16'and trailer $165.00 6 $990.00 6 $990.00 Peristaltic Pump $45.00 6 $270.00 6 $270.00 YSI Pro DSS Rental $130.00 6 $780.00 6 $780.00 Cartridge Filters(0.45 um) $33.00 24 $792.00 12 $396.00 Out-of-Pocket.Task $4,832.00 $2,436.00 $900.00 $0.00 Miscellaneous Subcontractor Cost(a): Subcontractor Name Total Total Total Total DB Environmental $2.131.564 SRL $3,480.00 $3,720.00 $2,73600 $0.00 Subcontractors.Task $3,480.00 $3,720.00 $4,867.50 $0.00 Total Task Cost $14,880.78 $15,603.42 $20,251.34 $4,674.48 "ago 2 of 3 Project Name:Starke Lake Assessment wood. Budget Details Contract: Firm Name:Wood Project#600449.13 Task 10--Evaluate Task 9--Develop Nutrient Alternatives for Water Task Number and Name Budget Quality Improvement Task 11-Draft Report Task 12--Final Report Total Labor Cost: Raw Rate Title #hours Total #hours Total #hours Total #hours Total hours Total i Principal(Discounted) $214.80 $0.00 $0.00 S0.00 $0.00 0 $0.00 Associate $174.36 6 $1,046.16 10 $1,74360 31 $5,405.16 4 $697.44 t 96 $16,738,56 Senior 2/Project Mgr $144.62 $0.00 $0.00 $0.00 $0.00 i 0 $0 00 Senior 1/Project Mgr $120.66 8 $965.28 10 $1,206.60. 36 $4,343.76 20 $2,413.20 117 $14,117.22 Professional Engineer/Scientist 3 $91.44 0 $0.00 $0.00 $0.00 $0.00 94 $8,595.36 Professional Engineer/Scientist 2 $83.22 34 $2,829.48 40 $3,328.80 50 $4.161.00 12 $998.64 ': 192 $15,978.24 Professional Engineer/Scientist 1 $74.65 $0.00 $0.00 $0.00 $0.00 ' 206 $15.377.90 Sr.Designer $104.41 $0.00 $0.00 12 $1,252.92 $0.00'"• 40 $4,176.40 CADD Tech $64.08 $0.00 $0.00 $0.00 $0.00 0 $0.00 Sr.Technician $68.61 $0.00 $0.00 $0.00 $0.00 0 $0.00 Technician $55.33 $0.00 SO 00 0 $0.00 $0.00( 0 $0.00 Admin $55.49 $0.00 50 00 20 $1,109.80 10 $554.90 38 $2.108.62 Labor.Task Total 48 $4,840.92 60 $6,279.00 149 $16,272.64 46 $4,684.18 783 $77,092.30 Out-of-Pocket Item Description Unit Price Qty Total Qty Total Qty Total Qty Total Qty Total Seepage Meter $500.00 4 $2,000.00 Sediment Core Incubation(each) $150.00 6 $900.00 Jon boat 16'and trailer $165.00 12 $1,980.00 Peristaltic Pump $45.00 12 $540.00 YSI Pro DSS Rental $130.00 12 $1,560.00 Cartridge Filters(0.45 um) $33.00 36 $1,188.00 Out-of-Pocket.Task $0.00 S0.00 $0.00 $0.00 $8,168.00 Miscellaneous Subcontractor Cost(a): Subcontractor Name Total Total Total Total Total DB Environmental $2,131.50 SRL $0.00 SO 00 $0.00 S0.00 $9,936.00 Subcontractors.Task $0.00 $0.00 $0.00 $0.00 $12,067.50 (Total Task Cost I $4,840.921 $6,279.001 $16,272.641 $4,664.181 $97,327.80 Page 3 of 3 SUBCONSULTANT PROPOSALS DB Environmental r DB Environmental October 26, 2021 Craig Duxbury Wood PLC Re: Wood Project 600449.13 Dear Craig: DB Environmental is pleased to submit a quotation for the parameters listed below. Report Turn-Around: 30 Business Days Matrix: Sediment #of Extended Parameter Analysis Method Unit Cost# Samples Cost %Dry Weight, Bulk Density ASA 21-2, ASA 13 $22.75 3 $68.25 Grinding (processing) n/a $15.50 3 $46.50 Total Phosphorus DBE SOP TP $28.50 3 $85.50 P fractionation referenced in Meis et al., 2012 (Modified) $702.00 3 $2,106.00 NH4C1 TSP` DBE SOP TP NaHCO3/Na2S204 TSP** DBE SOP TP NaOH SRP*** DBE SOP OPO4 NaOH TSP DBE SOP TP NaOH TSP minus NaOH SRPt Calculation HCI TSPtt DBE SOP TP Residual TP DBE SOP TP #Unit cost subject to change if fewer samples are submitted. $2,306.25 Reference Meis,S.,Spears,B.M.,Maberly,S.C.,O'Malley,M.B.,Perkins,R.G. 2012. Sediment amendment with Phoslock`in Clatto Reservoir(Dundee, UK): Investigating changes in sediment elemental composition and phosphorus fractionation.J Environ. Manag.:93, 185-193. NH,CI TSP=Labile P **NaHCO3/Na2S2O4 TSP=Reductant-Soluble P "'NaOH SRP=Metal-Oxide Adsorbed P tNaOH TSP minus NaOH SRP=Organic P ttHCl TSP=Apatite Bound P If you have any questions or concerns, please contact me at nancy@dbenv.com. Sincerely, 417 t -!%!cam Nancy Chan Laboratory Manager DB Environmental 365 Gus Hipp Boulevard,Rockledge,FL 32955 Phone: 321.639.4896 Fax: 321.631.3169 e-mail: info@dbenv.com Southern Research Laboratories, Inc. Southern Research Laboratories,Inc. Estimate 2251 Lynx Lane, Suite 1 Orlando,Florida 32804 DATE ESTIMATE NO. (407)522-7100 Fax: (407) 522-7043 10/27/2021 1245 Estimate for: Wood Env&Infrastructure Solutions,Inc. 550 Northlake Blvd., Suite 1000 Altamonte Springs,FL. 32701 Phone: 407.446.2144 Fax: NA CONTACT: Craig Duxbury PROJECT: Orange County Starke Lake QTY DESCRIPTION COST TOTAL PROJECT NUMBER: 600449.13 84 Nitrogen,Ammonia(350.1) 20.00 1,680.00 36 Total Suspended Solids/Non-Filterable Residue(SM2540D) 15.00 540.00 12 Turbidity 180.1 20.00 240.00 36 SM 4500NO3 H-201 (NOX) 30.00 1,080.00 36 Total Kjeldahl Nitrogen,Water(351.2) 35.00 1,260.00 36 Nitrogen,Total((Calculation) 0.00 0.00 12 Chlorophyll A(SM 10200H) 100.00 1,200.00 36 Ortho Phosphate 20.00 720.00 84 Phosphorus,Total(365.4)Low-Level 25.00 2,100.00 48 Iron(Fe),Water 12.00 576.00 12 Alkalinity,Total(CaCO3)(310.2) 25.00 300.00 12 Color(SM2120B) 20.00 240.00 It's been a pleasure working with you! TOTAL $9,936.00 BOARD • COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO. I / • NO. Y20-906C CONTINUING WATER QUALITY PROFESSIONAL SERVICES Wood Environment & Infrastructure Solutions, Inc. 550 Northlake Boulevard, Suite 1000 Altamonte Springs, FL 32701 EFFECTIVE DATE: December 15, 2021 This Amendment is issued in accordance with Section Vill of this contract, entitled: TERM OF CONTRACT, as follows: The term of this contract is hereby extended for one (1) additional year from December 15, 2021 through December 14, 2022, at the same hourly rates and terms and conditions. All other terms and conditions of the original Contract remain the same. BOARD OF COUNTY COMMISSIONERS ORAIN GE COUNTY, FLORIDA Rolando Melo, Contracting Agent Procurement Division DATE: 10/13/2021 Wood Environment & Infrastructure Solutions, Inc. ORLANDO, FLORIDA (Oct 12, 20211.4 32 EDT} Signature Mark C. Diblin Type or Print Name Y20-906C Amendment #1 Page I of I THIS CONTRACT made and entered into this 15th day of December , 2020 , by and between the: ORANGE COUNTY, FLORIDA 201 S. ROSALIND AVENUE ORLANDO, ORANGE COUNTY, FLORIDA a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and: Wood Environment & Infrastructure Solutions, Inc. 550 Northlake Boulevard, Suite 1000 Altamonte Springs, FL 32701 FEDERAL I.D. #91-1641772 hereinafter referred to as the CONSULTANT. RECITALS WHEREAS, the COUNTY desires to retain the services of the CONSULTANT to provide continuing engineering services, to be issued as Task Authorizations under individual Purchase Orders; and; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, 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; it is agreed by and between the parties hereto as follows: I SCOPE OF SERVICES The CONSULTANT shall, diligently and timely, perform professional engineering services as described in Exhibit A - Scope of Professional Services, entitled, "CONTINUING WATER QUALITY PROFESSIONAL SERVICES " which is attached hereto and made a part hereof by reference. As the COUNTY generates individual projects, a detailed scope of work will be prepared for each project and furnished to the CONSULTANT. Upon receipt of the scope of services, the CONSULTANT will submit a cost Proposal to the COUNTY with the following: a. Position classification, total hours, hourly rate and extended total amount. b. Subcontracted services including information in "a" above c. Performance period for the services d. Out-of-pocket expenses Proposal shall be submitted within fifteen (15) days after receipt of written request for proposal. 0 This Contract is a continuing Contract as defined in Section 287.055 (2) (g), Florida Statutes. Task Authorizations to be performed by the CONSULTANT under this Contract shall be approved and authorized by the COUNTY in writing by issuance of County approved Purchase Orders, pursuant to the CONSULTANT'S Proposal and fee, whether or not modified by negotiation. The CONSULTANT'S authority to proceed with the specified scope of work will be either the County approved Purchase Orders or a County issued written Notice to Proceed to be determined by the County Project Manager. The COUNTY will pay to the CONSULTANT for duly authorized services performed by the CONSULTANT and accepted by the County as follows: A. FEES: For services performed under Article I, a firm fixed fee (lump sum) will be agreed upon prior to commencement of services; or, if a firm fixed fee cannot be determined, a not -to -exceed maximum dollar amount will be agreed upon; however, in either case, the fee shall be calculated in accordance with the hourly rate schedule identified as Exhibit B, which is attached and made a part of this Contract. B. PAYMENT: The COUNTY shall pay the CONSULTANT in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Payment will be due and payable monthly in proportion to the percentage of work approved and accepted 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. PAYMENT IN EVENT OF TERMINATION BY COUNTY: In the event this Contract is terminated or canceled prior to completion of any project in progress, payment shall be made in accordance with the provisions of Article IX. D. CHANGES WITHIN SCOPE; ALLOWANCE OF ADDITIONAL COMPENSATION: If instructed to do so by the COUNTY, the CONSULTANT shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the CONSULTANT, the CONSULTANT may be entitled to additional compensation. In all disputes arising over the right to additional compensation, 2 the COUNTY shall be the party to determine whether substantial acceptable work has been done on documents such that changes, revisions or preparation of additional documents will result in additional compensation to the CONSULTANT. The additional compensation shall be computed by the CONSULTANT on a revised fee quotation Proposal that must be submitted to the COUNTY for prior approval. The fee shall be agreed upon before commencement of any additional work and shall be incorporated by Change Order to the coeresponding Purchase Order issued against this Contract. E. SUBCONSULTANTS: The CONSULTANT shall, upon requiring the services of various sub -consultants, be responsible for the integration of all sub -consultants' work into the documents and for all payments to such sub -consultants out of the lump sum fee agreed to. Services rendered by the CONSULTANT in connection with the coordination of any such sub -consultants or other personnel services shall be considered within the scope of the basic contract and no additional fee will be due the CONSULTANT for such work. F. TRAVEL AND PER DIEM: Travel and per diem charges shall not exceed the limits as set forth in Section 112.061 Florida Statutes, as set forth in Exhibit C, which is attached to this Contract. G. COMPENSATION: The CONSULTANT'S compensation shall be established and authorized for each Task Authorization on the basis of the CONSULTANT'S personnel hourly billable rates and related allowable costs as set forth in the basic Contract. The CONSULTANT'S personnel hourly billable rates and multiplier shall remain in effect and unchanged during the duration of the Contract and any extensions thereto, except as provided by Article 11, paragraph I, Price Adjustment. Compensation for any authorized cost that is not set forth in the basic Contract shall be negotiated prior to issuance of the Task Authorization and shall be supported by the appropriate cost and pricing data. 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: Prime Consultant Multiplier Wood Environment & Infrastructure Solutions 2.66 2. Sub -Consultants Multiplier AMDrill, Inc. Fixed Price Beta Analytic Fixed Price Barnes, Ferland & Associates, Inc. 2.99 Drummond Carpenter, PLLC 2.2042 Eurofins TestAmerica Fixed Price G.E.A.R 2.87 Hydro Modeling, Inc. 2.42 Microbial Insights Fixed Price MSE Group 2.91 Southern Research Laboratories, Inc. Fixed Price I' m�_Ti111Tk'�i�ilil Written request for a price adjustment may be made only under the following conditions: If a project specific contract's performance period exceeds three years a price adjustment may be requested not more than 60 days after the end of the three year period and for each annual period thereafter or for the remaining period of the contract if less than one year. For continuing contracts with a performance period that exceeds three years, an adjustment may be requested not more than 60 days after the end of three years. iii Retroactive requests for price adjustments will -not be considered. The provisions of this clause shall not apply to contracts with fees based on ranges. Retroactive requests for price adjustments will not be considered. Any request for a price adjustment will be subject to negotiation and must be approved by the Manager, Procurement Division. Any request for such increase shall be supported by adequate justification to include Consumer Price Index (CPI) documentation. The CPI documentation shall be based on the All Items, CPI-U, U.S. City Average, not seasonally adjusted index. The prevailing CPI in the month when the contract was executed by the County shall be the base period from which changes in the CPI will be measured for the initial request for a price adjustment. Any subsequent requests for a price adjustment shall be based on the CPI prevailing in the month when an amendment affecting a previous price adjustment was executed by the County. The maximum allowable increase shall not exceed the percent change in the CPI from the base period (either the month when the contract was executed by the County or the month when an amendment effecting a price adjustment was executed by the County) to the CPI prevailing at time of request for a price adjustment and in no case shall it exceed 4%. Any price adjustment shall only be effective upon the execution of a written amendment to the contract executed by both parties. III DESIGN WITHIN FUNDING LIMITATIONS The following provisions are applicable to contracts for design services: A. The CONSULTANT shall accomplish the design services under this Contract, when applicable, so as to permit the award of a contract (using standard Orange County procedures for the construction of the facilities) at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or Proposals for the construction contract are received that exceed the estimated price, the CONSULTANT shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this Contract. However, the CONSULTANT shall not be required to perform such additional services at no cost to the COUNTY, if the unfavorable bids or Proposals results from conditions beyond the CONSULTANT'S reasonable control. The COUNTY shall exercise reasonable commercial judgment in making the controlling determination as to whether such conditions are within the reasonable control of the CONSULTANT. B. The CONSULTANT will promptly advise the COUNTY if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the COUNTY will review the CONSULTANT'S revised estimate of construction cost. The COUNTY may, if it determines that the estimated construction contract price set forth in this Contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the COUNTY may adjust such estimated construction contract price via amendment to this Contract. When bids or Proposals are not solicited or are unreasonably delayed, the COUNTY shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or Proposals to determine compliance with the funding limitation. C. The estimated construction cost for any project under this contract shall not exceed $2,000,000, Each Task Authorization shall specifically indicate the project's estimated construction cost. Task Authorizations issued for study activities may not exceed $200,000. D. The CONSULTANT and its subsidiaries or affiliates who designed the project shall be ineligible for the award of the construction contract for that project. IV RESPONSIBILITY OF THE CONSULTANT A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. 5 The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. B. The Project Manager and the Project Engineer must be two different individuals. Both must be currently employed by the Prime Consultant. The Project Engineer must be a Professional Engineer registered in the State of Florida. C. Substitution of the Project Manager, Project Engineer or Other Key Personnel: The CONSULTANT shall not substitute any key personnel without the prior written approval of the Manager of the Procurement Division. Any such requests shall be supported by comprehensive documentation outlining the reason(s) for the proposed substitution to include the specific qualifications of the proposed substitute. Approval of the request shall be at the discretion of the COUNTY. Further, the COUNTY, in lieu of approving a substitution, may initiate other actions under the contract, including termination. D. Neither the County's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. E. The rights and remedies of the COUNTY provided for under this contract are in addition to any other rights and remedies provided by law. F. If the CONSULTANT is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. G. For contracts requiring design services, the CONSULTANT shall comply with the following requirements: Concurrent with the submission of the 100% design submittal to the user division, the CONSULTANT shall submit a complete breakdown of the subcontracting opportunities for the project based on traditional industry practices and their expertise to the Business Development Division, 400 E. South St., Orlando, FL 32801. This information will identify subcontracting elements such as electrical, trucking, sodding, surveying, etc. with the estimated percentage of the total project represented by each subcontracting element. 2. Upon submission of the 100% submittals to the user department, the CONSULTANT shall provide to the Business Development Division an estimate of the percentage of work to be performed under each standard CSI division heading, the total of which shall in all cases equal 100%. H. The CONSULTANT shall maintain an adequate and competent staff of professionally qualified persons during the term of this Contract for the purpose of rendering the required services hereunder. The CONSULTANT shall not sublet, assign or transfer any services under this agreement without the written consent of the COUNTY. The COUNTY may require in writing that the CONSULTANT remove from the Work any of the CONSULTANT'S personnel that the COUNTY determines to be incompetent, careless or otherwise objectionable. No claims for an increase in Contract Amount or Contract Time based on the COUNTY'S use of this provision will be valid. CONSULTANT shall indemnify and hold the County harmless from and against any claim by CONSULTANT'S personnel on account of the use of this provision. J. All final plans and documents prepared by the CONSULTANT must bear the endorsement of a person in the full employ of the CONSULTANT and currently registered as a professional in the State of Florida. V COLINTY'S RIGHTS AND RESPONSIBILITIES The COUNTY shall: A. Furnish the CONSULTANT with existing data, plans, profiles, and other information necessary or useful in connection with the planning of the program that is available in the COUNTY'S files, all of which shall be and remain the property of the COUNTY and shall be returned to the COUNTY upon completion of the services to be performed by the CONSULTANT, B. Make COUNTY personnel available on a time -permitting basis, where required and necessary to assist the CONSULTANT. The availability and necessity of said personnel to assist the CONSULTANT shall be determined solely within the discretion of the COUNTY, C. Be entitled, upon request and without additional cost, to any documents as requested by the COUNTY for any project on which the CONSULTANT is working. COUNTY'SVI 'DESIGNATED' -- It is understood and agreed that the COUNTY designates the County Administrator or their designated representative, in writing, to represent the COUNTY in all technical matters pertaining to and arising from the work and performance of this Contract. The County Administrator or designated representative shall have the following responsibilities: A. Examination of all reports, sketches, drawings, estimates, Proposals, and other documents presented by the CONSULTANT and rendering, in writing, decisions indicating the COUNTY'S approval or disapproval within a reasonable time so as not to materially delay the work of the CONSULTANT. B. Transmission of instructions, receipt of information, and interpretation and definition of COUNTY policies and decisions with respect to design, materials and other matters pertinent to the work covered by this Contract. C. Giving prompt written notice to the CONSULTANT whenever the COUNTY observes, or otherwise becomes aware of, any defects or changes necessary in a project. VII CONTRACT TYPE This is a Requirements Contract and the COUNTY'S intent is to order from the CONSULTANT all of the goods or services specified in Exhibit A, Scope of Professional Services of the Contract at the established hourly rates shown in Exhibit B of the Contract, required to be purchased by the COUNTY. If the COUNTY urgently requires delivery of goods or services before the earliest date that delivery may be required under this contract, and if the CONSULTANT will not accept an order providing for accelerated delivery, the COUNTY may acquire the goods or services from another source. Moreover, if the Manager of the Procurement Division determines that the CONSULTANTS' performance is less than satisfactory, the COUNTY may order the goods or services from other sources until the deficient performance has been cured or the contract terminated. VIII TERM OF CONTRACT The term of this contract shall be for one (1) year from date of execution; however, by mutual consent, the contract may be extended for two additional one year terms, not to exceed a total of three (3) years. Any Purchase Orders for Task Authorizations issued during the effective period of this contract and not completed within that period, shall be completed by the CONSULTANT within the time specified in the order. The contract shall govern the CONSULTANT'S and the COUNTY'S rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. IX TERMINATION OF CONTRACT The COUNTY may, by written notice to the CONSULTANT, terminate this contract for default in whole or in part (task authorizations, if applicable) if the CONSULTANT fails to: 1. provide products or services that comply with the specifications herein or fails to meet the County's performance standards 2. deliver the supplies or to perform the services within the time specified in this contract or any extension. 3. make progress so as to endanger performance of this contract 4. perform any of the other provisions of this contract. Prior to termination for default, the COUNTY will provide adequate written notice to the CONSULTANT through the Manager, Procurement Division, affording him/her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the CONSULTANT in accordance with the County's Procurement Ordinance. The CONSULTANT shall be liable for any damage to the COUNTY resulting from the CONSULTANT'S default of the contract. This liability includes any increased costs incurred by the COUNTY in completing contract performance. In the event of termination by the COUNTY for any cause, the CONSULTANT will have, in no event, any claim against the COUNTY for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the COUNTY the CONSULTANT shall: Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of The terminated work 3. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the COUNTY. 4. Continue and complete all parts of that work that have not been terminated. - If the CONSULTANT'S failure to perform the contract arises from causes beyond the control and without the fault or negligence of the CONSULTANT, the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the COUNTY'S interest. If this contract is terminated, the COUNTY shall be liable only for goods or services delivered and accepted. The COUNTY Notice of Termination shall provide the Consultant thirty (30) days prior notice before it becomes effective. A termination for convenience may apply to individual purchase/delivery orders or to the contract in its entirety. Ca] LC 1MANk1 1:1LN111 If a Task Authorization or Purchase Order is terminated for the convenience of the COUNTY, a settlement will be negotiated. This settlement shall not exceed the total amount due for services rendered and accepted by the COUNTY in accordance with the payment terms of the Contract. If the Contract is terminated for convenience in its entirety, the CONSULTANT shall be paid an amount not in excess of all services rendered and accepted under the various orders issued against the Contract. However, if the termination is for cause, no amount shall be allowed for anticipated profit on unperformed services or other work, and the payment may be adjusted to take into account any additional costs to be incurred by the COUNTY due to such default. The Manager, Procurement Division, shall issue any and all notices involving termination of this contract. X INDEMNITY/INSURANCE AND SAFETY REQUIREMENTS Consultant agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County's review or acceptance of insurance maintained by Consultant is not intended to and shall not in any manner limit or qualify the liabilities assumed by Consultant under this contract. Consultant is required to maintain any coverage required by federal and state workers' compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time. The Consultant shall require and ensure that each of its sub -consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of A- Class VIII or better. (Note: State licenses can be checked via www.floir.cgM1coir�z anysearchl and A.M. Best Ratings are available at w.ambest.com� 10 Required Coverage: ® Commercial General Liability - The Consultant shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than $1,000,000 per occurrence. Consultant further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit. Required Endorsements: ® Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents. Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations ® Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent. Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number. ® Business Automobile Liability - The Consultant shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 (five hundred thousand dollars) per accident. In the event the Consultant does not own automobiles the Consultant shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. ® Workers' Compensation - The Consultant shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case -by -case basis. Any Consultant using an employee leasing company shall complete the Leased Employee Affidavit. Required Endorsements: ® Waiver of Subrogation- WC 00 03 13 or its equivalent 11 M Professional Liability- with a limit of not less than $1,000,000 per occurrence/claim When a self -insured retention or deductible exceeds $100,000 the COUNTY reserves the right to request a copy of Consultant most recent annual report or audited financial statement. For policies written on a "Claims -Made" basis the Consultant agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non -renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Consultant agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Consultant of the obligation to provide replacement coverage. By entering into this contract Consultant agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers' compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Consultant to enter into a pre -loss agreement to waive subrogation without an endorsement, then Consultant agrees to notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement. Prior to execution and commencement of any operations/services provided under this contract the Consultant shall provide the COUNTY with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Consultant shall also provide endorsements for each policy as specified above. All specific policy endorsements shall be in the name of the Orange County, Florida. For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY's contracted certificate compliance management firm. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Consultant shall notify the COUNTY not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Consultant shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five (5) business days prior to the effective date of the replacement policy (ies). The certificate holder shall read: Orange County, Florida c/o Risk Management Division 201 S. Rosalind Avenue Orlando, Florida 32801 12 The CONSULTANT to the extent permitted in Section 725.08, Florida Statutes shall indemnify and hold harmless the COUNTY and its officers and employees from liabilities damages, losses, and costs (including attorney's fees) to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. The remedy provided to the COUNTY by this paragraph shall be in addition to and not in lieu of any other remedy available under this Contract or otherwise and shall survive the termination of this Contract. SAFETY AND PROTECTION OF PROPERTY (for services provided on the premises of Orange County) The Consultant shall at all times: ® Initiate, maintain and supervise all safety precautions and programs in connection with its services or performance of its operations under this contract. Take all reasonable precautions to prevent injury to employees, including County employees and all other persons affected by their operations. Take all reasonable precautions to prevent damage or loss to property of Orange County, or of other vendors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. Comply with all ordinances, rules, regulations, standards and lawful orders from authority bearing on the safety of persons or property or their protection from damage, injury or loss. This includes but is not limited to: o Occupational Safety and Health Act (OSHA) o National Institute for Occupational Safety & Health (NIOSH) o National Fire Protection Association (NFPA) o American Society of Heating, Refrigeration & Air -Conditioning Engineers (ASHRAE) The Consultant must also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address listed below: htt :l/ _n�.oran ecount i.net0`�iendorServicesfOraneCount SafetyandHe althManual.as x 13 XI TRUTH IN NEGOTIATION AND MAINTENANCE AND EXAMINATION OF RECORDS A. The Consultant hereby represents, covenants and warrants that wage rates and other factual unit costs supporting the compensation provided for in this Contract are accurate, complete and current as of the date of contracting. It is further agreed that the Contract price shall be adjusted to exclude any amounts where the County determines the Contract price was increased due to inaccurate, incomplete or non- current wage rates and other factual unit costs. B. The Consultant shall keep adequate records and supporting documents applicable to this Contract. Said records and documentation shall be retained by the Consultant for a minimum of five (5) years from the date of final payment on this contract. If any litigation, claim or audit is commenced prior to the expiration of the five (5) year period, the records shall be maintained until all litigation, claims or audit findings involving the records have been resolved. C. If applicable, time records and cost data shall be maintained in accordance with generally accepted accounting principles. This includes full disclosure of all transactions associated with the contract. Also, if applicable, all financial information and data necessary to determine overhead rates in accordance with Federal and State regulatory agencies and the contract shall be maintained. D. Consultant's "records and supporting documents" as referred to in this Contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, invoices, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the County's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract document. Such records and documents shall include (hard copy, as well as computer readable data, written policies and procedures; time sheets; payroll registers; cancelled checks; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating worksheets; correspondence; change order files (including pricing data used to price change proposals and documentation covering negotiated settlements); back -charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other Consultant records which may have a bearing on matters of interest to the County in connection with the Consultant's dealings with the County (all foregoing hereinafter referred to as "records and supporting documents") to the extent necessary to adequately permit evaluation and verification of: 1) Consultant compliance with contract requirements; or 2) Compliance with provisions for pricing change orders; or 3) Compliance with provisions for pricing invoices; or 14 4) Compliance with provisions regarding pricing of claims submitted by the Consultant or his payees; or 5) Compliance with the County's business ethics; or 6) Compliance with applicable state statutes and County Ordinances and regulations. E. Records and documents subject to audit shall also include those records and documents necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this Contract. In those situations where Consultant's records have been generated from computerized data (whether mainframe, mini -computer, or PC based computer systems), Consultant agrees to provide the County's representatives with extracts of data files in computer readable format on data disks or suitable alternative computer exchange formats. F. The County and its authorized agents shall have the right to audit, inspect and copy records and documentation as often as the County deems necessary throughout the term of this contract and for a period of five (5) years after final payment. Such activity shall be conducted during normal business working hours. The County, or any of its duly authorized representatives, shall have access within forty-eight (48) hours to such books, records, documents, and other evidence for inspection, audit and copying. G. The County, during the period of time defined by the preceding paragraph, shall have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Consultant as concerns the aforesaid records and documentation. H. Records and documentation shall be made accessible at the Consultant's local place of business. If the records are unavailable locally, it shall be the Consultant's responsibility to insure that all required records are provided at the Consultant's expense including payment of travel and maintenance costs incurred by the County's authorized representatives or designees in accessing records maintained out of the county. The direct costs of copying records, excluding any overhead cost, shall be at the County's expense. The Consultant shall require all payees (examples of payees include sub Consultants, insurance agents, material suppliers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between Consultant and payee. Such requirements include a flow -down right of audit provisions in contracts with payees, which shall also apply to Sub Consultants and Sub -sub Consultants, material suppliers, etc. 15 The Consultant shall cooperate fully and shall cause all aforementioned parties and all of Consultant's sub Consultants (including those entering into lump sum subcontracts and lump sum major material purchase orders) to cooperate fully in furnishing or in making available to the County from time to time whenever requested in an expeditious manner any and all such records, documents, information, materials and data. The County's authorized representatives or designees shall have reasonable access to the Consultant's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall have adequate and appropriate work space, in order to conduct audits in compliance with this article. K. Even after a change order proposal has been approved, Consultant agrees that if the County later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the Contract regarding pricing of change orders, then an appropriate contract price reduction will be made. Such post -approval contract price adjustment will apply to all levels of Consultants and/or sub Consultants and to all types of change order proposals specifically including lump sum change orders, unit price change orders, and cost- plus change orders. L. If an audit inspection or examination by the County, or its designee, in accordance with this article discloses overpricing or overcharges (of any nature) by the Consultant to the County in excess of one-half of one percent (.5%) of the total contract billings, the reasonable actual cost of the County's audit shall be reimbursed to the County by the Consultant. Any adjustments and /or payments that must be made as a result of any such audit or inspection of the Consultant's invoices and/or records and supporting documents shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the County's findings to the Consultant. XII OWNERSHIP OF DOCUMENTS It is understood and agreed that all documents, including detailed reports, plans, original drawings, "as built", specifications, original field survey, data notes, and all other data, prepared or obtained by the CONSULTANT in connection with its services hereunder shall be delivered to, and shall become the property of the COUNTY prior to final payment to the CONSULTANT. The CONSULTANT shall not be liable for any use by the COUNTY of said documents or data if they are modified in any manner without written approval of the CONSULTANT. XIII SUSPENSION OF WORK BY COUNTY Right of COUNTY to Suspend Work and Order Resumption - The performance of CONSULTANT'S services hereunder may be suspended by the COUNTY at any time. 16 However, in the event the COUNTY suspends the performance of CONSULTANT'S services hereunder, it shall so notify the CONSULTANT in writing, such suspension becoming effective upon the date of its receipt by CONSULTANT. The COUNTY shall promptly pay to the CONSULTANT all fees that have become due and payable to the CONSULTANT prior to the effective date of such suspension. COUNTY shall thereafter have no further obligation for payment to the CONSULTANT unless and until the COUNTY notifies the CONSULTANT that the services of the CONSULTANT called for hereunder are to be resumed. Upon receipt of written notice from the COUNTY that CONSULTANT'S services hereunder are to be resumed, CONSULTANT shall complete the services of CONSULTANT called for in this Contract and CONSULTANT, shall, in that event, be entitled to payment of the remaining unpaid compensation which becomes payable to him under this Contract, same to be payable in the manner specified herein. In no event will the compensation or any part thereof become due or payable to CONSULTANT under this Contract unless and until CONSULTANT has attained that stage of work where the same would be due and payable to CONSULTANT under the provision of this Contract. XIV STANDARDS OF CONDUCT A. The CONSULTANT represents that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Contract and that he has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. B. The CONSULTANT shall comply with all Federal, State and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin in the performance of work under this Contract. C. The CONSULTANT hereby certifies that no undisclosed conflict of interest exists with respect to the present Contract, including any conflicts that may be due to representation of other clients, other Contractual relationships of the CONSULTANT, or any interest in property that the CONSULTANT may have. The CONSULTANT further certifies that any apparent conflict of interest that arises during the term of this Contract will be immediately disclosed in writing to the COUNTY. Violation of this section will be considered as justification for immediate termination of this Contract under the provisions of Article VIII. D. The CONSULTANT and its subsidiaries or affiliates who designed the project, shall be ineligible for the award of the construction contract for that project. 17 The CONSULTANT shall not assign any interest in this Contract, and shall not transfer any interest in the same without prior written approval of the COUNTY, provided that claims for the money due or to become due the CONSULTANT from the COUNTY under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the COUNTY. XVI MINORITY[WOMEN EMPLOYMENT PARTICIPATION A. The CONSULTANT shall be responsible for reporting Minority/Women Business Enterprise (M/WBE) sub -consultant Contract dollar amount(s) for the M/WBE SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub -contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub -contract agreements/purchase orders is a condition precedent to execution of the prime contract with the County. Quarterly updated MWWBE utilization reports and Equal Opportunity Workforce Schedule reports are to be submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the MWWBE participation percentage proposed in the Consultant's Proposal submitted for this Contract is accomplished. B. Subsequent amendments to this contract shall be submitted with the appropriate documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S designated representative, within ten (10) days after COUNTY'S execution. C. The CONSULTANT shall be responsible for reporting local minority/women employment percentage levels within the firm and the minority/women employment percentage levels that the firm anticipates utilizing to fulfill the obligations of this Contract. The report(s) shall be submitted to the Business Development Division, on a quarterly basis during the life of the Contract. D. The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to all sub -consultants 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 MWBE participation achieved by the Prime Consultant prior to the issuance of final payment. E. The awarded prime Contractor's responsibilities and requirements are listed below and shall be included in the sub -agreement: 1. Whereas the prime contractor is being paid in accordance with the Local Government Prompt Payment Act, contractor shall incorporate a 72-hour prompt payment assurance provision and payment schedule in all sub- contracts between the prime and sub -contractors. M. Note: The County reserves the right to verify that all sub -contractors are being paid within 72 hours of the County's remittance to the prime contractor. 2. File copies of all executed subcontractor agreement/contracts between the prime and all M/WBE subcontractors on the project to Orange County Business Development Division one-time for the duration of the contract. 3. The awarded prime Contractor shall furnish written documentation evidencing actual dollars paid to each subcontractor utilized by the prime Contractor 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 Contractor prior to the issuance of final payment. 4. The sub -contract agreement shall include: (a) the percentage of the overall contract value to be sub -contracted; and (b) the dollar amount based on the percentage of the contract value to be sub -contracted (if available at time of sub -contract agreement). 5. The prime Contractor shall submit an updated quarterly MWBE utilization report and the Equal Opportunity Workforce Schedule report for all professional service contracts. The required reports are to be submitted to the Business Development Division no later than the fifth day after end of reporting period. 6. All sub -contracts shall include the following statement: "It is the MWWBE responsibility to submit the required Quarterly M/WBE utilization reports to the prime and Final M/WBE payment verification form to Business Development Division denoting the percentage of the overall contract fees" The M/WBE's failure to submit the required documents could negatively impact their M/WBE certification. 7. The awarded prime Contractor shall not substitute, replace or terminate any M/WBE firm without prior written authorization of the Business Development Division, nor shall the prime reduce the scope of work or monetary value of a subcontractor without written authorization of the Business Development Division. 8. Upon execution of any renewal or extension to this contract, the Prime Contactor shall execute renewals with all approved specified sub- contractors for the full duration of the contract. 9. The prime Contractor shall expeditiously advise all M/WBE's and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the M/WBE firm on their team. 10. The COUNTY may at its discretion require copies of subcontracts/purchase 19 orders for the non-M/WBE's listed on the Project Team Form (FORM B) and or utilized on the project. However, if this option is not exercised the awarded Proposer shall provide a list of all non-M/WBE sub -Contractors certifying that a prompt payment clause has been included in that contract or purchase order. The M/WBE's failure to submit the required documents could negatively impact their M/WBE recertification. F. By entering into this contract, the CONSULTANT affirmatively commits to comply with the M/WBE subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. The COUNTY may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement. XVI I INDEPENDENT CONSULTANT STATUS The CONSULTANT shall be an independent Consultant and neither CONSULTANT nor anyone employed by CONSULTANT shall be deemed for any purpose to be the employee, agent, servant or representative of the COUNTY in the performance of the work hereunder. The COUNTY shall have no direction or control of CONSULTANT or CONSULTANT'S employees and agents, except in the results to be obtained. XVlll EQUAL OPPORTUNITY The County's policies of equal opportunity and non-discrimination are intended to assure equal opportunities to every person, regardless of race, religion, sex, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided and enforced by Section 17-314 of the Orange County Code and the County's relevant Administrative Regulations. It is also the county policy that person(s) doing business with the County shall recognize and comply with this policy and that the County shall not extend public funds or resources in a manner as would encourage, perpetuate or foster discrimination. As such: 1. The Association shall adopt and maintain, or provide evidence to the County that Association has adopted and maintains, a policy of nondiscrimination as defined by Section 17-288, Orange County Code, throughout the term of this Agreement. 20 2. The Association agrees that, on written request, the Association shall permit reasonable access to all business records or employment, employment advertisement, applications forms, and other pertinent data and records, by the County, for the purpose of investigating to ascertain compliance with the non- discrimination provisions of this contract; provided, that the Contractor shall not be required to produce for inspection records covering periods of time more than one year prior to the date of this Agreement. 3. The Agency agrees that, if any obligations of this contract are to be performed by subcontractor(s), the provisions of subparagraphs 1 and 2 of this Section shall be incorporated into and become a part of the subcontract. XIX INDEMNIFICATION FOR TORT A. The provisions of Florida Statute 768.28 applicable to Orange County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the COUNTY acting within the scope of his/her office or employment are subject to the limitations specified in this statute. B. No officer, employee or agent of the COUNTY acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any injury or damage suffered as a result of any act, event, or failure to act. C. The COUNTY shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. XX ASBESTOS FREE MATERIALS For contracts for design services, CONSULTANT shall provide a written and notarized statement on company letterhead to certify and warrant that the project was designed with asbestos free materials. Such statement shall be submitted with the final payment request. Final payment shall not be made until such statement is submitted. CONSULTANT agrees that if materials containing asbestos are subsequently discovered at any future time to have been included in the design, CONSULTANT shall be liable for all costs related to the redesign or modification of the construction of the project so that materials containing asbestos are removed from the design, plans or specifications or construction contract documents, and, in addition, if construction has begun or has been completed pursuant to a design that includes asbestos containing materials, the CONSULTANT shall also be liable for all costs related to the abatement of such asbestos. 21 me "k.. 0r, This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida. XXI I AVAILABILITY OF FUNDS The obligations of Orange County under this Contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners, or other specified funding source for this contract. N/A XXIV REGISTERED SERVICE -DISABLED VETERAN • A. The CONSULTANT shall be responsible for reporting Registered Service -Disabled Veteran (SDV) sub -consultant Contract dollar amount(s) for the SDV SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub -contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub -contract agreements/purchase orders is a condition precedent to execution of the prime contract with the County. Quarterly updated SDV utilization reports Schedule of Minorities and Women reports are to be submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the SDV participation percentage proposed in the Consultant's Proposal submitted for this Contract is accomplished. B. Subsequent amendments to this contract shall be submitted with the appropriate documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S designated representative, within ten (10) days after COUNTY'S execution. C. The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to all sub -consultants 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 SDV participation achieved by the Prime Consultant prior to the issuance of final payment. D. The awarded prime consultant shall not substitute, replace or terminate any M/WBE firm without prior written authorization from the Business Development Manager. In M the event a certified SDV sub -Consultant's sub -contract is terminated for cause, the CONSULTANT shall justify the replacement of that sub -consultant, with another certified M/WBE firm in writing to the Business Development Division, accompanied by the Project Manager's recommendation. E. It is the intent of the COUNTY to insure prompt payment of all sub -consultants working on COUNTY projects. The CONSULTANT shall: 1. Submit copies of executed contracts between the CONSULTANT and all of its SDV sub -consultants to the Business Development Division. 2. The County may at its discretion require copies of subcontracts/purchase orders for the non-SDV's listed on Form B and or utilized on the project. However, if this option is not exercised the awarded Proposer shall provide a list of all non-SDV subConsultants certifying that a prompt payment clause has been included in that contract or purchase order. 3. Incorporate a prompt payment assurance provision and payment schedule in all contracts between the CONSULTANT and sub -consultants (including those with non-SDV's) stating that payment will be made to the sub -consultant within 72 hours of receipt of payment from the COUNTY. The CONSULTANT shall pay each sub -consultant for all work covered under an invoice within the 72 hour time frame. 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. F. By entering into this contract, the CONSULTANT affirmatively commits to comply with the SDV subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. Claims made by a Consultant against the County relating to a particular contract shall be submitted to the Procurement Division Manager in writing clearly labeled "Contract Claim" requesting a final decision. The Consultant also shall provide with the claim a certification as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested 23 accurately reflects the contract adjustment for which the Consultant believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Consultant." Failure to document a claim in this manner shall render the claim null and void. Moreover, no claim shall be accepted after final payment of the contract. The decision of the Procurement Division Manager shall be issued in writing and shall be furnished to the Consultant. The decision shall state the reasons for the decision reached. The Procurement Division Manager shall render the final decision within sixty (60) days after receipt of Consultant's written request for a final decision. The Procurement Division Manager's decision shall be final and conclusive. The Consultant shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Manager of the Procurement Division. T;IT'll COUTtlIGEUT FEES The Consultant warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, 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 Consultant any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of this Contract. For the breach or violation of this provision, the County shall have the right to terminate the Contract at its sole discretion, without liability and to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. XXVII TOBACCO FREE CAMPUZ-5 All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to Consultants and their personnel during contract performance on county -owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies. XXVIII VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person performing services under this contract, the CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of: (a) all employees within the State of Florida that are hired by the CONSULTANT after the execution of the contract who are providing labor 24 under the contract during the contract term; and, (b) all employees within the State of Florida of any of the CONSULTANT'S sub -consultants that are hired by those sub - consultants after the execution of the contract who are providing labor under the contract during the contract term. Please refer to USCIS.gov for more information on this process. DEBARMENT,XXIX • • - O. By executing this agreement the Bidder affirms that it is in compliance with the requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. XXX FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS: By executing this agreement the Bidder affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependencies a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. Orange County is a public agency subject to Chapter 119, Florida Statutes. The Consultant agrees to comply with Florida's Public Records Law. Specifically, the Consultant shall: Keep and maintain public records required by Orange County to perform the service. 2. Upon request from Orange County's custodian of public records, provide Orange County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 25 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to Orange County. 4. Upon completion of the contract, Consultant agrees to transfer at no cost to Orange County all public records in possession of the Consultant or keep and maintain public records required by Orange County to perform the service. If the Consultant transfers all public record to Orange County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Orange County, upon request from Orange County's custodian of public records, in a format that is compatible with the information technology systems of Orange County. 5. A Consultant who fails to provide the public records to Orange County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. 6. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 400 E. South Street, 2"d Floor, Orlando, FL 32801 407-836-5897 ProcurernentRecordsocfl.net WOOD ENVIRONMENT & BOARD OF COUNTY COMMISSIONERS INFRASTRUCTURE SOLUTIONS, INC ORANGE COUNTY, FLORIDA ALTAMONTE SPRINGS, FLORIDA Signature Marls C. Diblin, CFM Name Typed �2�, Carrie Mathes, MPA, CFC , CPPO, C.P.M. CPPB, APP, Manager, Procurement Division Date: 12/16/2020 Florida Operations Office Manager - Vice President Title (for County use only) l 90,.h PROFESSIONALCONTINUING WATER QUALITY ScopeEXHIBIT A of PART I GENERAL INFORMATION BACKGROUND: As a result of changes in land use, pollutant loads delivered to water bodies have demonstrably and continually increased. Orange County Environmental Protection Division (Division) will utilize these services for Total Maximum Daily Load (TMDL) and National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4) Permit regulatory program compliance, management of waterbodies with MSTUs or MSBUs, and protection of Orange County's water resources. The Division will utilize data and conclusions originating from these services to develop and recommend non-structural Best Management Practices (BMPs), such as ordinances, policies, and programs, and structural BMP projects to the Board of County Commissioners (BCC). The Scope of Services herein includes professional services to implement water quality projects throughout Orange County. Services may include but are not limited to the following project phases: ® Assessments: The goal of the assessment report is to evaluate current water quality and hydrologic conditions and then identify and rank conceptual structural and non-structural water quality improvement BMP projects to restore or maintain water quality. These recommended concepts may feed into the Feasibility Study phase. Feasibility studies: Evaluate constructability, feasibility, and cost effectiveness of BMP projects and provide all necessary information to proceed to design and construction. Data gaps remaining from the assessment phase may require monitoring, modeling, survey, geological studies, and/or ecological studies. Refined project layouts, pollutant reductions, and costs shall be developed. Feasibility may include assembling, submitting, and tracking environmental resource or other project -specific permits, property acquisition, defining easement requirements, input from adjacent land owners/HOA, operation and maintenance, wetland mitigation, ecological impacts, and potential flooding. • Performance monitoring: Monitoring of water quality parameters, velocity and discharge, mass removal, and/or other parameters of interest associated with BMP projects or adjacent waterbodies in order to evaluate performance from an upstream/downstream or waterbody perspective. Technical support projects: These projects may include some or all tasks included in an assessment, feasibility study, and/or performance monitoring project applied to the full or partial watershed. They may also include technical tasks associated with, but not directly required by the other project types or support of regulatory programs or design and construction projects. In order to assemble scientifically sound and defensible data, sample collection and analysis shall be performed in accordance with Florida Department of Environmental Protection Standard Operating Procedures per Chapter 62-160 of the Florida Administrative Code (FAC), or other documented methods generally accepted by the scientific community. Analytical laboratory services shall be provided for samples collected from various environmental matrices at a frequency as needed to appropriately characterize watershed and / or sources of nutrient loading behavior in the assessment area. Sub- contracted laboratories shall hold a National Environmental Laboratory Accreditation Certification (NELAC) and be certified for the applicable methods. In addition, the contracted laboratory shall provide quality assurance/quality control information including, but not limited to: matrix spike concentrations, method detection limits, practical quantifiable limits, duplicate reproducibility, the results from equipment blank testing, in conformance with NELAC standard operating and reporting procedures and Chapter 62-160, FAC. The professional services described herein are not intended to consist of all services required on any single project. In general, the actual scope of services for any individual project will be dependent on the nature of the project, the project status with regard to available data and analyses, and the project phases and work tasks that the County determines to contract. 1. Assessment Services: The final product of the assessment phase is a report, which documents the existing conditions within the study area, contains hydrologic and nutrient pollutant budgets that describe sources and sinks of water and pollutants within the study area, uses previously accepted models, contains basin -specific data, and produces a list of potential best management projects intended to _remove or mitigate pollutant loads within the study area. The list shall rank the BMPs by the cost per pound removed of total phosphorous (TP), total nitrogen (TN), total suspended sediment (TSS), or other pollutant of concern as identified during the assessment process. Descriptions of the BMPs shall include conceptual layouts that the County may move to the Feasibility phase. Potential tasks, submittals, and meetings might include some or all of the following: A. Kickoff Meeting: Project kickoff meetings are held prior to the commencement of the project. The intent of the kickoff meeting is to review known data sources, identify data gaps, review the negotiated scope of work for the project, establish and/or modify a proposed project timeline, and discuss the project to a fuller extent. B. Review of Existing Data: Procurement, review, and analysis of relevant prior studies and available data sources. Evaluation of previous analyses, areas where updated analyses may be necessary, data gap analyses, data collection methods, and data modeling. Reports, plans, calculations, permits, historical hydrologic / meteorological records as well as stormwater infrastructure and other GIS feature layers (soils, land use, wetlands, hydrography, aerial photography) relevant to characterizing the study area. C. Field ReconnaissanceNerification of Existing Data: Perform office and field inspections to compare original model drainage conditions to present day field conditions. D. Delineate Watershed and Sub -Basin Topography: Generate / revise available digital elevation models (DEMs), LIDAR elevations, or other sources of topography in the study area using compiled data. Delineate major and sub - watershed drainage boundaries. E. Bathymetric Survey for Total Depth and Soft Sediment Depth: estimation of lake water and muck volumes F. Field Data Collection and Analysis: may occur in, but not be limited to, the water column, sediment column, stormwater, adjacent lands, wetlands or other environmental matrices and locations as required to characterize the fate and transport of pollutant loads within the water body and surrounding watershed. The consultant shall provide photographs and narrative survey of field conditions during sampling events. dissolved oxygen profiles and / or other water quality parameters (e.g., pH, conductivity, turbidity, temperature, oxidation-reduction potentials, etc.) in the water column or sediment, nutrient and / or pollutant concentrations in sediments. Analytical laboratory services shall be provided for samples collected with various environmental matrices at a frequency as required to accomplish and appropriately characterize locations identified in the project. Laboratory shall be NELAC certified for applicable methods and provide quality assurance / quality control information including, but not limited to: matrix spike concentrations, method detection limits, practical quantifiable limits, duplicate reproducibility, the results from equipment blank testing, in conformance with NELAC standard operating and reporting procedures and Chapter 62-160, Florida Administrative Code. 1) Surface Water Monitoring: profiles of field meter parameters from water surface to total depth at defined depth intervals, collection of surface and/or deep water quality analytical samples. episodic seasonal turnover, and identification of stratification if present 2) Stormwater Runoff Monitoring: event grab or autosampler collection of water quality samples and/or velocity and discharge monitoring 3) Groundwater Monitoring: seepage, recharge, well or other water sources within the waterbody or the watershed 4) Sediment Monitoring: speciation of nutrient pollutants, internal recycling/flux analysis 5) Biological Monitoring: Analysis of impacts of pollutants to the existing flora and fauna, using generally accepted methodologies (Lake Vegetation Index, Stream Condition Index, or other generally accepted biological -integrity methods as established by professional societies), inhabiting the watershed or waterbody. G. Hydrologic Budget: identify hydrologic sources and sinks, which may include, but are not limited to: direct precipitation and evaporation, stormwater runoff, groundwater seepage and recharge, inflows and outflows, and drainwells. Characterization of the hydraulic flow regime shall include, but not be limited to, calculated water residence times for each lake or water body, identification of periods of peak and minimum hydraulic flows. H. Nutrient/Pollutant Budget: establish pollutant sources and sinks and allocate the loads among the sources and sinks, identify unquantified loads and estimate their impact on the overall budget. Pollutant sources will include, but are not limited to surface water runoff, septic systems, internal cycling of nutrients within sediment/water interface, groundwater seepage/recharge, uncontrollable sources, and background sources. Water Quality Model: Run-off coefficients based on the present and projected land use. Soil type/hydrologic group and cover. Establish the fate, transport, and partitioning of pollutant loads within the watershed, forecast changes in pollutant loading commensurate with proposed changes in land use, and estimate pollutant load reductions due to BMP projects. J. Interim and Final Meetings: 1) County staff - consultant provides interim updates on project progress, discussion of specific tasks in order to review interim data and / or provide feedback. 2) Stakeholder - consultant provides interim updates or final summary of project for stakeholder groups, which may include, but are not limited to: Homeowner's Associations; Lake Advisory Boards; local citizen groups; environmental organizations; builders and developers; 3) BCC - consultant provides interim updates or final summary of project for the Board of County Commissioners, Mayor, County Administrator, and/or interested Commissioner. Note that Board of County Commissioner meetings are open to public attendance and participation. K. Identify and Conceptualize potential Structural and Non-structural BMPs: conceptual layout of potential projects, conceptual cost estimates and pollutant reduction efficiencies, ranking based on these parameters and implementability. Conceptual cost estimate should include design, land acquisition/relocation and easement needs, permitting, construction and construction management, and operation and maintenance. Analyses of stormwater improvement projects (BMPs), including but not limited to: possible locations, recommended pollution abatement systems at specific locations, pollutant load reductions in pounds (Ibs) per year, pollutant removal costs in dollars per pound removed, recommended use of Best Management Practices and provide engineering cost estimate for design and construction. This should include the quantity and quality of existing wetlands in the basin and recommendations for planned mitigation or avoidance of impacts, the objective being to preserve, and if possible, enhance the ecosystem. Assess maintenance and erosion and sedimentation issues related to the study area. Alternatives should evaluated and ranked on the following factors: probable costs (including land acquisition, capital cost, etc.); anticipated ecological impacts; expected water quality impacts (surface and ground water); implementation considerations (practicality); social acceptability; expected reliability; estimates of probable operation and maintenance costs; permitting feasibility; and anticipated flood mitigation L. Draft and Final Reports: Mapping services to include, but not be limited to, creating and analyzing isocontours or isopleths of nutrients and / or pollutant concentrations or other pertinent water quality data on aerials, isocontours of lake bottoms to illustrate the sources of those nutrients and / or pollutants within the water body. Consultant shall also provide copies of all GIS and supporting files used to generate figures in a useable format or geodatabase. Please note the horizontal and vertical datum used in map projections shall be the same datum currently in use by Orange County, Florida (viz, NAVD88). Notifications and deliverables: Project progress updates will be provided in a format and at a frequency as directed by the EPD project manager. Frequency may be variable depending on the current project activity level. Consultant will provide written notification (email acceptable) of field activities prior to staff or subcontractor work onsite. Timeframes for these notifications will be determined during preparation of the Scope of Services supporting preparation of each Purchase Request. Field and lab deliverables and schedule updates will be provided monthly to provide support for invoicing purposes. Field deliverables may include: field notebook pages and sampling forms (PDF), photos (PDF, jpeg, tif), raw data files and/or supporting calculation files for field measurements (excel, .csv or delimited format, as applicable), and calibration documentation (PDF). Laboratory analytical deliverables may include: quality assurance/quality control (QA/QC) documentation and reporting limits. Draft and Final Reports will be submitted as a complete PDF document accompanied by Models (ICPR4, Bathtub, HSPF, or appropriate), GIS Data (ArcMap 10.2 or appropriate), calculations/spreadsheets (excel). Reports shall include, but not be limited to, an analysis of historic and current data characterizing water quality. Reports will include information from pertinent, peer -reviewed literature with citation(s), digital copies of spreadsheets used during analyses, field data forms, copies of instrument pre- and post - calibration reports, chain -of -custody forms, analytical laboratory reports, copies of field notebooks, all GIS files used for mapping and analysis, input and output files from modeling analyses, as appendices. Reports shall be delivered as a draft and a final within the timeframes specified in the cost proposal and agreed upon scope of work. Consultant shall provide one (1) hard copy of the report and supporting documentation and one (1) digital copy, preferably PDF, of the final report or deliverable and supporting documentation prior to payment of final invoice. 2. Feasibility Studies: The goal of the Feasibility Study is typically a report, which provides all information needed to proceed with the engineering/design of the project. The report will summarize the findings of the Assessment Report, and provide: results of any additional data collection to fill identified gaps; required surveys; refined models, pollutant reduction estimates and costing; and potential constructability, permitting, and flooding issues. Consultant shall perform evaluations of BMPs as required by EPD. These evaluations shall include a detailed review of engineering and biological BMPs in order to determine their usefulness and appropriateness to water body nutrient and / or pollutant mitigation management. requirements. Evaluations shall include but not be limited to, literature reviews, design reviews, establishing nutrient and / or pollutant removal efficiencies, cost of BMP operation and maintenance and size of BMP carbon footprint identifying alternative energy sources. The final product of this phase of work is typically a report, which establishes the design objectives and design concept for the next phase of work. Design criteria shall be established, as will be a preliminary estimate of cost and the project design, permitting and construction schedule. Right-of-way and easement acquisition requirements shall be preliminarily identified. Any necessary regulatory variances shall be identified and investigated. The overall project feasibility and anticipated effectiveness shall be clearly established. Public information meetings shall be held, public input taken and, where appropriate, modifications made to the conceptual plan. Potential required tasks, submittals and meetings might include some or all of the following: A. Kickoff Meeting: Identification of existing data sources and review of project plan and schedule. B. Review Existing Data and Identification of Data Gaps: Procurement, review and analysis of relevant prior analysis and studies. Evaluation of previous analysis, and where added detail is necessary, new analysis, data gathering and modeling. This work shall lead to either agreement or adoption of the prior conclusions, or development of alternative conclusions and/or a recommendation or project conceptual design. Review past flooding complaints and rules, regulations, ordinances and laws (local, state, federal) pertinent to the study area. Generate / revise digital elevation model (DEM) of watershed area using compiled data. C. Supplemental Field Tasks: may include Field Data Collection and Analysis as described under Assessment Services to address data gaps or to provide a current dataset after significant time lapse or change in conditions within the watershed. This may include additional data collection, sampling, installation of monitoring equipment. D. Surveys and Studies: Topographic Survey, Survey of Existing Structures, Geotechnical Study, Ecological Survey and other field investigations. E. ICPR Hydologic & Hydraulic Model Updates: evaluation of potential impacts of proposed projects to the watershed, including upstream flooding, land use change impacts, or other inputs that may affect a proposed pollutant removal project. F. BMP Perm itabiIity/Constructability: All necessary permits, assessments and land use approval requirements shall be identified. Necessary submittal requirements and deadlines should be identified and the proper sequence of processing established. Processing time should be estimated. Evaluation of environmental conditions and constraints affecting the project should be identified. Pre -application meetings with applicable regulatory agencies and Water Management District should also be included. permitting requirements / costs, right-of-way needs / costs, construction costs, G. Preliminary Design and Costing: Schematic representation of design and supporting analysis documentation, Conceptual cost estimate, including design, land acquisition/relocation and easement needs, permitting, construction and construction management. H. Meetings: Prepare project brochures, administer mailing invitations, provide meeting presentation materials, hold public information meetings for the project and submit post -public meeting input when applicable. Modify the conceptual design as necessary and agree on a project's conceptual design, purpose and effectiveness based on the information developed during this phase. Report: Generate a project report, technical memorandum, or design memorandum summarizing data collection and evaluation, providing . 3. Performance Monitoring: The final product of this project phase is typically a report, which establishes empirical pollutant loads and pollutant reduction estimates for specific BMP projects. This may be utilized to support grant requirements, BMAP reporting of pollutant reductions, and/or evaluation or support of generalized reduction efficiencies estimated for a type of BMP. Potential required tasks, submittals and meetings might include some or all of the following: A. Kickoff Meeting: Identification of existing data sources and review. of project plan and schedule. B. Review Existing Data: Determine gaps in data that are necessary for evaluation of pollutant loads and placement of appropriate BMPs. C. Field Tasks: collection of analytical samples for analysis of pollutants. estimation of influent and effluent loads, mass reduction of pollutant and pollutant removal efficiency, estimate of cost per pound of pollutant and cost per pound of pollutant per acre of watershed served. D. Analysis of data: Report findings of analytical results and impact on proposed pollutant load reduction BMPs. 4. Technical Support Services: The final product of this project phase varies, but will typically include summary report, data compilation, or technical memo with or without recommendations and conclusions. Potential required tasks, submittals and meetings might include some or all of the following: A. Kickoff Meeting: Identification of existing data sources and review of project plan and schedule. B. Review Existing Data and Identification of Data Gaps C. Supplemental Field Tasks D. Construction Services: Full or part time construction inspection services when requested. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings, or other information furnished by the County, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project E. Services necessary to obtain operating permits, development and design of discharge monitoring plans and preparation of operating and staffing manuals, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. F. Partial or supplemental environmental assessments: performance of some or all of the assessment tasks for a full or partial watershed. May include, but is not limited to, sampling, modeling, pollutant load estimation identification of pollutant load reduction project options. G. Wetland delineations, restoration evaluations, mitigation plans, and dredge and fill permits, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. H. Furnishing services of other independent professional or technical associates in such fields as biological assessment and forestry. I. Preparations for applications and supporting documents for grants. J. Provide services to fulfill permit conditions of the County's NPDES (National Pollutant Discharge Elimination System) MS4 Permit. K. Peer review services: Peer review services to evaluate the accuracy and validity of reports, prior analyses, geodatabases and/or computer simulations provided to or by the County, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. This includes post -project reviews to identify best practices and lessons learned. L. Professional stormwater engineering services; to include the review and analysis of various BMP designs (including new and innovative technologies); defend recommendations in legal proceedings, if needed; and identify pollutant loads and conduct source allocations within the various subbasin watersheds. M. Services resulting from significant changes in the general scope, extent or character of an individual project or its design including, but not limited to, changes in size, revising previously accepted studies, reports, designs documents of contract documents when such revisions are required by changes in laws, codes, rules, regulations, policies, or orders enacted subsequent to the preparation of such documents. N. The project may also include the review and analysis of data used to designate a water body as impaired, O. Total Maximum Daily Load (TMDL) program services: necessary services to fulfill the conditions and requirements to comply with the Florida Department of Environmental Protection (FDEP) TMDL program. Analyzing adopted or proposed TMDLs, P. providing general support within a Basin Management Action Plan (BMAP) area Q. Pollutant load analysis: use of regulatory and/or industry standard software models to provide source allocations of nutrients and / or pollutants of interest. Please note that software models must be approved for use with the appropriate regulatory agency or be utilized as an industry standard. R. Assistance in connection with bid protests arising from technical specifications, re -bidding or re -negotiating contracts for construction, materials, equipment, or services. S. Property acquisition support: Providing property surveys, related to engineering, appraisal and real estate services needed in connection with acquiring needed interests in real property for the County. T. Preparing to serve or serving as a consultant or witness for the County in litigation, arbitration or other legal or administrative proceeding, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. U. Performing constructability reviews of project plans in order to minimize construction change orders. V. Database development related to projects. W. Field surveys and data collection in support of roadway, drainage, and mowing activities. X. Project scheduling and project budget tracking services. Y. Project management services. Z. Services such as inspection of roadway and drainage infrastructure maintenance activities. Evaluation of current level of service the existing infrastructure AA. Manual preparation for projects and division operations. Operation and maintenance BB. Preparation of presentations, figures and exhibits for projects and public meetings. CC. GIS related services for the implementation of Stormwater projects or programs, and other miscellaneous activities such as a stormwater website. DD. Floodplain management services including delineation of the floodplain, letter of map revision (LOMR) services (review and approval), GIS work for FEMA floodplain layer, and repetitive loss properties. EE. Services related to FEMA's Community Rating System series 100 through 700. Services to include, but not limited to; Public Information, Mapping & Regulations, Flood Damage Reduction, and Warning & Response. FF.Services necessary to review, revise, and approve change to Orange County Ordinances and Codes to meet Federal or State requirements. GG. Services related to drainage wells including retrofitting, replacement, and analysis of drainwell systems. This also includes continuous simulation analysis and evaluation of drainwells for the purpose of permitting, regulatory approvals needed, and water use master planning. HH. Services related to the evaluation of pump stations and major control structures, and retrofit recommendations. This also includes drawdown analysis and evaluation of drainwells for the purpose of permitting, regulatory approvals needed, and water use master planning. II. Services related to surface feature failures (e.g., washouts, sinkholes and pavement failures) and retrofit recommendations. JJ. Services related to sandbar removal, canal bank protection, pond restoration, and sediment/erosion control including survey, evaluation, final design, permitting and construction. KK. Services related to stormwater service rate analysis, determination and codification. LL. Low impact and sustainable design: Services related to low impact development (LID), green infrastructure (GI) engineering, sustainability and resiliency design for stormwater systems. r Re: Orange County Continuing Water Quality Professional Services #Y20-906-C As requested, the following is our information regarding overhead multipliers and personnel hourly rates for projects with Orange County. These rates will be used throughout the duration of the contract: Base Rate 100% Overhead & Fringe Benefits 134.75% Less Unallowable Expenses 3.15% Subtotal 231.60% Profit 0.3474% OVERALL MULTIPLIER 2.66 Individual classifications for personnel hourly rates are as follows: Classification Base Hourly Rate Overall Multiplier Billable Principal $80.75 2.66 $214.80 Associate $65.55 2.66 $174.36 Senior 2/Project Mgr $54.37 2.66 $144.62 Senior 1/Project Mgr $45.36 2.66 $120.66 Professional Engineer/Scientists 3 $34.38 2.66 $91.44 Professional Engineer/Scientists 2 $31.29 2.66 $83.22 Professional Engineer/Scientists 1 $28.06 2.66 $74.65 Sr. Designer $39.25 2.66 $104.41 CADD Tech $24.09 2.66 $64.08 Sr. Technician $25.80 2.66 $68.61 Technician $20.80 2.66 $55.33 Admin $20.86 2.66 $55.49 4 Person Survey Crew $84.71 2.66 $225.33 3 Person Survey Crew $61.71 2.66 $164.15 2 Person Survey Crew $44.71 2.66 $188.93 Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525 (3), Florida Statures Michael D. Phelps, Contract Manager Print Name and Title a!"-Z-Z� Ji Signature Date: September 1, 2020 FEE SCHEDULE wood. Rates Effective through 12/31/20 FIELD / SURVEY / CONFINED SPACE AND MISCELLANEOUS EQUIPMENT RATES Equipment Rates 4 Wheel ATV $125 per day 2" PVC Temporary Monitor Wells. 4-6' deep $193 each Atmospheric testing/monitoring Equip (M404 Gas Monitor) $75 per day $300 per wk Auto Sampler (ISCO3700 & 3710)/1 Week $200 per week Auto Sampler (ISCO3700 & 3710)/2-3 Week Duration $175 per week Auto Sampler (ISCO3700 & 3710)/4-11 Week Duration $150 per week Auto Sampler (ISCO3700 & 3710) > 3 Month Duration $500 per month Backpack Electrofisher (3 Gallon) $350 per day $1,520 per wk Backpack Sprayer $35 per day Carolina Skiff (17') and Trailer $200 per day Confined Space Equipment $200 per day $660 per wk Confined Space Equipment $660 per wk Continuous Recording Staff Gauge $270 per wl< Digital Depth Finder $66 per day Dissolved Oxygen Meter $39 per day Double Ring Infiltrometer $25 per day $100 per wk Field Test Kit Storm Water $13 per test site Field Test Kit Surface Water $8 per test site Foxboro OVA/PID $125 per day $475 per wk Generator $66 per day $225 per wk GPR Equipment $450 per test site GPS Equipment $110 per day $375 per wk GPS R.T.K. Positioning Data(per unit) $16.50 per day $115.50 per wk Ground Water Sample Bailers (Decontaminated) $28 each Ground Water Sampling Pump (Disposable Tubing) $66 per day $180 per wk Grunfos Sampling Pump $275 per day $950 per wk Herbicide $12 gal Honda Water Pump (2") $110 per day Hydrographic Survey Vessel & Equipment $650 per day Infrared Camera $110 each Inline 45 micron water filter $33 each Jon Boat 16' Motor and Trailer $165 per day Kayak $50 per day $150 per wk Maintenance of Traffic (MOT) $500 per day Metal Detector $28 per day $SS per wk Microscope (Compound) $28 per day $55 per wk Multimeter Hydrolab Surveyor 4 $85 per day $290 per wk Multimeter — YS1556 $85 per day $290 per wk Nuclear Density Gauge $25 per day $100 per wk Open Channel FlowMeter and Datalogger $495 per wk Photo Vac OVA/PID $66 per day $240 per wk Piston Tube Sampler $25 per day $100 per wk Multimeter - ProDSS $130 per day Q-Liner Stream Profiler $185 per day - FEE SCHEDULE wood. Rates Effective through 12/31/20 FIELD / SURVEY / CONFINED SPACE AND MISCELLANEOUS EQUIPMENT RATES Equipment Rates Pore Pressure Probe $39 per day $120 per wk Pressure Transducer/Data Logger $50 per day $200 per wk Pressure Transducer/Data Logger (Telemetry) $125 per day $450 per wk Rock Core Box $25 each Sample Jars (Box of 12) $15 each Sample Storage $120 one time charge Sandpipe Field Permeability Equipment $25 per day $100 per wk Seepage Meter $500 each Soft -Dig Excavation Unit $400 per day Soil Auger $25 per day $100 per wk Staff Gauges $28 each Stream Flow Meter $110 per day $298 per wk Survey Equipment $127 per day Terrestrial Laser Scanning Unit $1000 per day Temp. pH. Conductivity Meter $28. per day $100 per wk Tipping Bucket Rain Gauge $50 per month Turbidity Meter. Digital (Portable) Hack 2100P $30 per day $100 per wk Vacuum Pump $66 per day $230 per wk Vane Shear Equipment $28 per day $100 per wk Vibration & Noise Monitoring Equipment $130 per day $350 per wk Water Level Indicator (Electric) $28 per day $85 per wk Weed Eater -Gas, Chain Saw $28 per day $100 per wk *Expendables are in addition to the equipment rates (Bottles, fuel, tubing, suction line..etc) at the current market price. **Rates are for equipment only. Additional labor charges may be necessary for equipment setup, calibration, and maintenance. FEE SCHEDULE Rates Effective through 12/31/20 wood. SUPPLEMENTAL LABORATORY TESTS Classification Tests Natural soil moisture content ASTM D2216 $10 Each Soils finer than #200 Sieve (wet wash) ASTM D1140 $40 Each Combined analysis, moisture and % fines ASTM D2216 $50 Each + D1140 Sieve Analysis (excl. #200 wash) ASTM D422 $60 Each Sieve Analysis with #200 wash ASTM D422 $90 Each or D6913 Sieve analysis with hydrometer (assumed specific gravity) ASTM D422 $140 Each Hydrometer ASTM D422 $90 Each Specific Gravity ASTM D854 $60 Each Atterberg Liquid and Plastic Limits ASTM D4318 $90 Each Soil unit weight with moisture content ASTM D2+ 937 $60 Each D2937 Organic Content ASTM D2974 $40 Each Shrinkage Limit, Mercury Method ASTM D427 $90 Each Consolidation & Swell Tests Swell or settlement potential with unit weight, spgravity and moist ASTM D4546 $450 Each Expansion Index ASTM D4829 $240 Each Consolidation test, square root of time method (up to 12 loads) ASTM D2435 $450 Each Consolidation test, log time method up to 12 Loads) ASTM D2435 $450 Each Consolidation test, additional load increment $50 Each Remolding/trimming for swell, settlement or consolidation test $30 Each Permeability Test Constant Head (per point sand) ASTM D2434 $180 Each Falling Head (clay) ASTM D5084 $240 Each Remolding/trimming/compaction of sample $30 Each Strength Tests Unconsolidated, undrained triaxial test per specimen (one confining pressure) ASTM D2850 $175 Each Unconsolidated, undrained triaxial test (three confining pressure) ASTM D2851 $525 Each Consolidated, undrained triaxial test w/ pore pressure measurement per specimen (one confining pressure) ASTM D4767 $175 Each Consolidated, undrained triaxial test w/ pore pressure measurement per specimen (three confining pressure) ASTM D4767 $525 Each Consolidated, drained triaxial test per specimen (one confining ASTM D3080 or $175 Each pressure) USCOE Method Consolidated, drained triaxial test( three confining pressure) ASTM IVI D3080 or $525 Each US Method Remolding / trimming triaxial specimen $30 Each Unconfined compressive strength ASTM D2166 $90 Each Unconfined compressive strength, undisturbed sample ASTM D2166 $90 Each Unconfined compressive strength remolded/compacted sample ASTM D2166 $120 Each Direct Shear - 2.5in Box / 1 Normal Load ASTM D3080 $200 Each Direct Shear - 12in Box / 1 Normal Load ASTM D3080 $240 Each FEE SCHEDULE Rates Effective through 12/31/20 wood. SUPPLEMENTAL LABORATORY TESTS Proctor/Compaction Tests Standard Proctor ASTM D698 or $120 Each AASHTO T99 Modified Proctor ASTM D1557 $120 Each or AASHTO T180 Relative Density, dry method(max. and min.) ASTM D4253+ $150 Each D4254 Relative Density, wet and dry (min and max) ASTM D4253+ $150 Each D4254 Relative density, min only ASTM D4254 $60 Each Relative density, dry method (max only) ASTM D4253 $90 Each Relative density, wet method (max only) ASTM D4253 $90 Each Limerock Bearing Ratio (LBR) FDOT FM 5-515 $360 Each Rock Tests Unconfined compressive strength of intact rock core (Method D) ASTM D7012 $90 Each Splitting tensile strength of intact rock core ASTM D3967 $90 Each Density of rock core USCOE Test Method $60 Each Specific Gravity and Absorption USCOE Test Method $60 Each Soundness by sodium sulfate up to 7 cycles ASTM C88 $360 Each LA Abrasion ASTM C131 or C535 $240 Each Electro-Chemical Tests Soil pH ASTM D4972 $30 Each Water soluble chloride testing ASTM C1218 $150 Each Acid soluble Chloride testing ASTM C1152 $150 Each Sulphate Content ASTM D516 $90 Each Total Carbonate of soil or sediment sample ASTM D4373 $90 Each Electrical Resistivity (remolded or undisturbed) ASTM G57 $90 Each pH testing (carbonation) freshly broken concrete surface (incl. $60 Each crushing) Asphalt Testin Ignition of sample to determine Asphalt content and gradation ASTM D-6307 $150 Each /AASHTO T-308 Pavement Thickness determination ASTM D5361 $30 Each Bulk specific gravity/density of core ASTM D-6752 $30 Each /AASHTO Bituminous concrete stability, Marshall stability and flow ASTM D-6927 $150 Each Theoretical Max. specific gravity (Rice Method) ASTM ASTM $150 Each /AASHTO Gyratory Compaction, set of 2 ASTM D-6925 $150 Each /AASHTO T-312 Aggregate Testing Flat/Elongated Particles ASTM D-4971 $150 Each Clay Lumps/Friable particles ASTM C-142 $150 Each FEE SCHEDULE Rates Effective through 12/31/20 wood. SUPPLEMENTAL LABORATORY TESTS Lightweight pieces ASTM C-123 $150 Each Sieve analysis - fine ASTM C-136 $60 Each Sieve analysis - coarse ASTM C-136 $60 Each Sieve analysis - fine and coarse ASTM C-136/C117 $90 Each Fractured and angular pieces ASTM D-5821 $150 Each Moisture content ASTM D-2216 $10 Each /D-4643 Organic Impurities - Fine ASTM C-40 $40 Each Reducing Field samples to testing size ASTM D-75 $30 Each Specific gravity and absorption/ coarse ASTM C-127 $90 Each Specific gravity and absorption/ Fine ASTM C-127 $90 Each Unit weight ASTM C-29 $60 Each L.A. Abrasion ASTM C-31/C-535 $240 Each Soundness by sodium or magnesium sulfate up to 5 cycles ASTM C-88 $360 Each Calcium Carbonate percent by weight ASTM D-3042 $150 Each Carbonates and organic matter in Limerock FDOT FM 5-514 $90 Each Concrete Tests Compressive strength testing of cylinders ASTM C39 C39 $15 Each /AASHTO Compressive strength testing cubes/grout specimens ASTM C109 $12 Each Flexural strength of concrete (simple beam with three point loading) ASTM C78 $40 Each Compressive strength of concrete core (incl end trim) $40 Each Tailings & Sediment Tests Column Settling Test USCOE Test Method $150 Each #140 Sieve wash USCOE Test Method $40 Each Slurry Consolidation USCOE Test Method $600 Each Hand vane shear or penetrometer USCOE Test Method $10 Each Soil -Cement Soil -Cement Mixing & Prep (per mix) $90 Each Moisture -Density Test / Pill Compaction (5 points) ASTM D-588 $150 Each Curing & Compressive Strength ASTM D-1633 $20 Each Freeze -Thaw (per mix) ASTM D-560 $300 Each Wet -Dry Durability (per mix) ASTM D-559 $300 Each Specialty testing can be arranged and quoted on request including: Large scale shear, consolidation and permeability testing Geosynthetic materials (HDPE, composites, grids, fabrics, revetments) Geo-chemical tests (regulatory test suites, metals, leachates) Seismic parameters (cyclical shear and liquefaction potential) Expenses Reproduction / Plotting 8 112" x 11 " $0.10 11 X 17 $0.20 24 X 36 $2.00 Mobilization 0 - 50 Miles................................................................................................... $300.00 50 - 100 Miles............................................................................................... $400.00 101 + Miles................................................................................................... Call for quote CPT 0-200'............................................................. DailyRate ......................................................... Difficult Access ................................................. StandbyTime ................................................... DPT 2" Monitoring Well Installation ...................................... $10.50/ft. ...................................... $2,800.00/day ...................................... $279.95/hr. ...................................... $279.95/hr. 0-50'........................................................................................................... $25.00/ft. (Includes PVC Riser, Sand and Grout) 2" x 5' Prepacked Screens............................................................................ $85.00/ea. Well Completion - Flush Mount................................................................... $350.00/ea. (Includes 2' x 2' Well Pad, Manhole Cover and up to 30 minutes of Well Development Time) Miscellaneous Grout............................................................................................................ $5.30/ft. BentoniteChips............................................................................................ $30.00/per bag 55 Gallon Drums.......................................................................................... $55.00/ea. Per Diem (2 Man Crew)................................................................................ $350.00/day Client is responsible for obtaining all permits and utility clearance. For any additional work or changes not quoted, Amdrill's standard schedule of fees will apply. A finance charge of 1.5% per month will be charged to all invoices over 30 days old. P.O. BOX 10278 — BROOKSVILLE, FLORIDA 34603 1 PHONE: (352) 540-9666 — FAX: (352) 796-1666 @0 Beta Analytic USD Pricing Effective January 1, 2020 Standard AMS 14 Business Days or Less $595 Priority AMS I 6 Business Days or Less j $795 Radiocarbon ri3Ort Time Guide AMS (rot applicable to bones) 2 3 Bus less gays $1,7 35 Dating All Radiocarbon Dating Services Include 613C Measurements 613C + 615N, C:N, %C, and %N free with AMS Dating of Bones & Teeth (except cremated bones) 613C + 6180 free with AMS Dating of Shell, Coral, and CaCO3 j bD + 613C + 6180 free with AMS Dating of Groundwater DIC 'i Additional Fees for all Banes & Teeth (without ultrafiltration) collagen Extraction jApplied to Uncha=red and Heated/Burned Bones Only $90 Bone Carbonate Extraction jApplied to Cremated Bones Only S90 Additional Fee Applies if Service Is Requested _.. Applicable to Uncharred Bones ,fee includes collagen Uitraf'sltration extraction} $20 (Applicable to nenburned wood and museum samples Pretreatment 2lID!¢35e Extraction contaminated with furnigants, preserfaflves, or significant handling. $90 _.... Applicable to materials contaminated with varnishes, Solvent Extraction pr'eservatives oils, tar, etc. $185 DOC Concentration Measurement Applicable to all Incoming samples for DOC $50 Water Sample- 5 rng/I- or higher (FAT - 30 Business Dissolved Organic Carbon (DOC) (Days) $150 Water Sample - 2 mg/L to 5 mg/L (TAT- 30 Business Dissolved Organic Carbon (DOC) Days) Please consult the laboratory Bones (Cremated} � fi13C i $1 ;5 Bones (Non -cremated} __ _ 513C+515N+„C+ ,N +C:Pd $175 ( Carbonates �513C +8180 $15 $125 Organics / Plant Material t(3IO 513C $65 $115 Isotope �WaterDIC 513C $65 $115 Analysis I Water bD $65 Water L fit 80 S65 Water � hD + 6180 75 l Wate8180 1 + 613C $95 Nits ate Gource 1 2 samples 3Business Days 5360 Tracking 3-10 samples 30 Business Days $3 6 b15N and £1 H0 1 t-26 samples 30 Business Days $275 analysis of dins lved 120+samples 30 Bns4iess Days $25 nitrate In water Nitrate Concentration Only in conlunctio vnUt Nitrate Source 1 racking $50 Other I Report Modification Fee Any type of material To request for a price list in EUR, GBP, JPY, KRW, RMB or TWD, please email: lah(�sradiocarbon.corn If you need an estimate or quotation, please fill out our contact form at: itip,u.L wi,�iram, iocar on com,show-mucb-do or -dating cost htm Turnaround time — Our quoted turnaround time starts following day of receipt at the Miami laboratory excluding weekends. 150 Environmental Consultants Barnes, Fertand and Associates, Inc. Re: BFA Fee Quotation Proposal ®range County Professional Services Contract ® Y20-906 As requested, the following is our information regarding overhead multiplier and personnel hourly rates for projects with Orange County. These rates will be used throughout the duration of the contract. Base Rate: Overhead & Fringe Benefits: Subtotal: Profit (12%): Multiplier: Orange County Overall Allowable Multiplier 100 168 268% 0.30 3.00 (use capped multiplier as shown below) 2.99 Individual classifications for personnel hourly rates are as follows: Classification Hourly Rate Overall Multiplier Billable Rate Principal Hydrogeologist $70.98 2.99 $212.23 Principal Engineer $65.00 2.99 $194.35 Senior Project Manager $60.00 2.99 $179.40 Construction Manager $50.00 2.99 $149.50 Project Manager $50.00 2.99 $149.50 Engineer V $60.00 2.99 $179.40 Engineer IV $50.00 2.99 $149.50 Engineer III $40.00 2.99 $119.60 Engineer II $31.00 2.99 $92.69 Engineer 1 $25.00 2.99 $74.75 Construction Engineer $33.50 2.99 $100.17 CAD IV (Designer) $33.50 2.99 $100.17 CAD III $25.00 2.99 $74.75 CAD II $21.00 2.99 $62.79 CAD 1 $18.00 2.99 $53.82 GIS Senior Specialist $60.00 2.99 $179.40 GIS Tech III $40.00 2.99 $119.60 GIS Tech II $31.50 2.99 $94.19 GIS Tech 1 $25.00 2.99 $74.75 Hydrogeologist V $51.49 2.99 $153.96 Hydrogeologist IV $40.48 2.99 $121.04 Hydrogeologist III $36.38 2.99 $108.78 Hydrogeologist II $28.39 2.99 $84.89 Hydrogeologist 1 $22.08 2.99 $66.02 1230 Hillcrest Street - Suite 100 - Orlando, Florida 32803 September 9, 2020 Page 2 Classification Hourly Rate Overall Multiplier Billable Rate Environmental Scientist IV $36.38 2.99 $108.78 Environmental Scientist III $29.77 2.99 $89.01 Environmental Scientist II $23.13 2.99 $69.16 Environmental Scientist 1 $17.87 2.99 $53.43 Field Technician IV $28.39 2.99 $84.89 Field Technician III $23.13 2.99 $69.16 Field Technician II $20.00 2.99 $59.80 Field Technician 1 $14.27 2.99 $42.67 Sr. Surveyor and Mapper $50.00 2.99 $149.50 Surveyor and Mapper $45.50 2.99 $136.05 Survey Technician $30.00 2.99 $89.70 2 Person Survey Crew $47.00 2.99 $140.53 3 Person Survey Crew $61.00 2.99 $182.39 Utility Coordinator $27.30 2.99 $81.63 ,. S.U.E. 2 Person Crew $48.62 2.99 $145.37 S.U.E. 3 Person Crew $61.00 2.99 $182.39 Administrative Support III $31.74 2.99 $94.90 Administrative Support II $21.03 2.99 $62.88 Administrative Support 1 $14.04 2.99 $41.98 Barnes, Ferland and Associates (BFA) Other Direct Costs Table Y20-906 2020 Description Units Unit Cost 1 Reproduction B&W Copy (8.5" x 11") (Per Side) Each $ 0.05 B&W Copy (8.5" x 14") Each $ 0.12 B&W Copy (11" x 17") Each $ 0.20 Blackline Copy (24"x 36" or 22"x 34") Each $ 2.00 Color Copy (8.5" x 11") (Per Side) Each $ 0.74 Color Copy (85' x 14") (Per Side) Each $ 0.74 Color Copy (11" x 17") Each $ 1.25 Color Copy (24"x 36" or 22"x 34") Each $ 12.00 Lamination (8.5" x 11") Each $ 1.75 Materials Binders Each $ At Cost September 9, 2020 Page 3 Barnes, Ferland and Associates (BFA) Other Direct Costs Table Y20-906 2020 Description Units Unit Cost 1 Bond Plots (24"x 36" or 22"x 34") Each $ 0.72 Communications Facsimile (Long Distance) Each At Cost Phone Calls (Long Distance) Minute At Cost Mail Courier Each $ At Cost Express Delivery Each At Cost US Mail Each At Cost Travel z Lodging ($80.00 maximum) Day At Cost Mileage 3 Mile 0.445 Per Diem ($36.00 maximum) Day At Cost Rental Car Day At Cost Tolls Each At Cost Miscellaneous Legal Notices Each At Cost Permit Application Fees Each At Cost Water Quality Analysis At Cost Field Supplies Each At Cost Water Level analysis Equipment Day At Cost Water Quality Analysis Equipment Day At Cost Specialty Software Each At Cost Electronic Media Compact Disc Each 1.00 DVD Each 1.50 1 "At Cost" Items will be billed without markup. 2 Travel Costs in accordance with Orange County Travel Policy. 3 Orange County maximum mileage cost. Local mileage will only be considered if included in cost proposal and justified. September 9, 2020 Page 4 Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 95.525(3), Florida Statutes. Sincerely, D Willie E. Thomas, P.E. President 9/9/2020 Date CONTINUING WATER QUALITY PROFESSIONAL SERVICES CONTRACT #Y20-906 Drummond Carpenter, PLLC Billable Rates and Multiplier Position Category/Grade Hourly Rate Multiplier Billable Rate Engineer/Scientist VII VIII $92.95 2.2042 $204.88 Engineer/Scientist VI $83.66 2.2042 $184.40 Engineer/Scientist $70.75 2.2042 $155.95 Engineer/Scientist I $52.71 2.2042 $116.18 En ineer Scientist III $34.66 2.2042 $76.40 Engineer/Scientist I II $31.37 2.2042 $69.15 Field Technician $30.00 2.2042 $66.13 Senior Designer $50.00 2.2042 $110.21 Clerical $29.54 2.2042 $65.11 Senior Graphics Renderings $28.75 2.2042 $63.37 In the most recent reporting period, which consisted of the 12-month period of the year 2019, Drummond Carpenter, PLLC had the below -listed multipliers, which are submitted to Orange County to be used on this contract. A copy of the firm's audited Statement of Direct Labor and Indirect Costs is attached. General Overhead Rate 76.536% Fringe Benefit Rate 20.264% Fringe + General Overhead Rate 96.800% Salary + Fringe + General Overhead Rate 196.800% Profit Margin (12%) 23.616% Overall Multiplier 220.42% (2.43<2.99) MAX ALLOWABLE MULTIPLIER 2.99 ORANGE COUNTY APPROVED MULTIPLIER 2.2042 This is to certify that the above information is accurate as of 15 September 2020. Chad Drummond President 9/15/2020 Name of Company Officer, Title Date REIMBURSEABLE EXPENSES Prime Contractor: Drummond Carpenter, PLLC Orange County Contract: Continuing Services Professional Services Orange County Contract Number: Y20-906 Photocopies Units Rate per Unit B/W Copies - 8.5" x I " copy $0.05 B/W Copies - 11" x 17" copy $0.10 Color Copies - 8.5" x 11" copy $1.00 Color Copies - 11" x 17" copy $2.00 Scans Units Rate per Unit Large Format - 24"x36" sheet $30.00 Large Format - 36" x 48" sheet $60.00 Full Size Plots Units Rate per Unit Color Plots (up to 48" x 48") sq.ft $6.00 B/W Plots (up to 48" x 48") sq. ft $0.75 Gator Board (up to 48" x 48") sq. ft $12.00 Miscellaneoue Reproduction Units Rate per Unit Flash Drive/ USB Drive each $20.00 Cloud Storage of Project Data month $50.00 Report Binders up to 1.5" each $20.00 Report Binders 2" - 3" each $25.00 Report Binders 3"-4" each $30.00 Courier and Delivery Units Rate per Unit Delivery within Orange County delivery $25.00 Delivery outside of Orange County delivery $50.00 Field Expenses (Rates Based on Usage Time) Daily Weekly 4 Weeks Water Level Meter $37.00 $65.00 $182.00 Continuous Water Level Logger (In -Situ Troll 700) $120.00 $290.00 $783.00 Multiparameter Water Quality Meter with Flow Cell $209.00 $576.00 $1,323.00 Turbidity Meter $37.00 $103.00 $290.00 Consumable Field Sampling Supplies (gloves, tubing, etc) $50.00 N/A N/A Stormwater Autosampler (ISCO 6712) $72.00 $193.00 $547.00 Rain Gage (ISCO) $45.00 $125.00 $307.00 Area Velocity Flow Module (ISCO 750) $45.00 $125.00 $307.00 ISCO Bubbler Flow Module (730) $45.00 $125.00 $307.00 Hydrologic Flow/ Stage Meter (ISCO 2150) $108.00 $301.00 $894.00 GPS Unit (Trimble R1 Unit) $100.00 $300.00 $750.00 GPS Unit (Trimble GeoExplorer 6000) $279.00 $765.00 $1,803.00 Schonstedt Magnetic Pipe & Cable Locator $68.00 $244.00 $602.00 Mobile Data Collector Tablet (iPad Pro) $50.00 $125.00 $250.00 Peristalitc Pump $37.00 $97.00 $271.00 Trash Pump, 2" $50.00 $136.00 $380.00 Generator $65.00 $174.00 $489.00 Battery, Marine (w/charger) $23.00 $60.00 $164.00 Hand Auger $23.00 $60.00 $164.00 AMS Split Core Sampler, 2" x 6" or 2" x 12" $44.00 $116.00 $326.00 Drainage Structure Inventory Tools (manhole key, gloves, etc.) $10.00 $25.00 $60.00 Field truck $100.00 N/A N/A Field Expenses (Rates Based on Usage Time) Daily Weekly 4 Weeks Row Boat with Trolling Motor $73.00 $196.00 $544.00 Pontoon Boat $250.00 N/A N/A SCUBA Diving Gear (per person) $100.00 N/A N/A Lake Seepage Meter N/A N/A $125.00 Passive Flux Meter N/A N/A $350.00 Pushpoint Pore Water Sampler $150.00 $450.00 $1,350.00 Multi -gas Monitor (02/CO/CO2/PID) $105.00 $256.00 $872.00 Tripod Rescue System (tripod and winch) $143.00 $452.00 $1,456.00 Confined Space Blower $50.00 $136.00 $380.00 Full -Body Harness $15.00 $45.00 $90.00 Power Tool Set for Major Equipment Installation $75.00 $150.00 $250.00 Sontek FlowTracker Handheld ADV $221.00 $619.00 $1,532.00 Davis Vantage Pro Weather Station $65.00 $174.00 $488.00 Field Expenses (Miscellaneous) Units Rate per Unit Field Sampling Filter (0.2/0.45 micron) each $50.00 eurofins August 12, 2020 �',-1,vlrorirm, vi ye tip r i e r i . Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.Iumbard@woodplc.com Tel: (407) 592-3235 Subject: Analytical Services Proposal - Orange County Eurofins TestAmerica Quotation Number 66015071 Dear Lance, Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Tel: (813) 885-7427 Fax: (813) 885-7049 www.testamericainc.com We appreciate the opportunity to provide your company with a quotation for your Orange County project. Eurofins TestAmerlce has a unique combination of full service capabilities, technical expertise, local service options, and online resources necessary to ensure successful project outcomes. At Eurofins TestAmerica, quality is the hallmark of our business. To ensure your project's data quality objectives are met, we offer experienced personnel who are trained and committed to completing your analytical project on time, a fully documented QA/QC program, and state-of-the-art laboratory equipment and facilities. In addition to being a full service laboratory, we are part of the nation's largest environmental laboratory network. This provides access to an unparalleled spectrum of capabilities and turnaround time options, all through a single point of contact. Mark Gudnason has been assigned as your Project Manager for this work and can be reached by phone at 813 280-8342 or via email at Haukur.Gudnason@Eurofinset.com. ® Total Access: a web portal offering you customizable, real time access to data. With 24 hour access you can perform data trending, compare data to industry or project limits, track CoCs, invoices, reports and much more. ® Level IV Deliverables/Customizable EDDs: high resolution, text searchable reports, available in virtually any format. ® Extensive Experience: Project Managers with in-depth knowledge of regulatory protocols and procedures. ® Nationwide Logistical Support: bringing you an extensive courier network, service centers and shipping options throughout the U.S. and abroad. ® PFAS, Dioxins/Furans, Air, Radiochemistry, IH and other specialty analyses are offered alongside routine soil and water methods with seamless reports and consolidated EDDs. The following quotation includes a detailed price breakdown, as well as any notes and clarifications pertaining to your project, and is subject to Eurofins TestAmerica's Standard Terms and Conditions, unless otherwise agreed upon in writing. We thank you for choosing Eurofins TestAmerica, and we look forward to working with you on this project. Sincerely, Deb Carey Coursey Client Relations Manager Deb.Coursey@Eurofinset.com cc: Rhonda Moll; Mark Gudnason Issued on: 8/12/2020 Page 1 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Coursey, Deb Carey Wood E&I Solutions Inc Date 8/12/2020 550 Northlake Blvd Expiration Date 11/11/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.Iumbard@woodpic.com Tel: (407) 592-3235 Pro "ect. Oran e Coun Quote Number.- 66015071- 0 Groundwater General Chemistry TAT:7_Days (Business Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 353.2 Nitrate & Nitrate/Nitrite 1 $ 15.00 $ 15.00 Water 365.2 Orthophosphate - Assumes Field Filtered 1 $ 18.00 $ 18.00 Water 213OB-2011 Turbidity 1 $ 10.00 $ 10.00 Water 2540 D-2011 Solids, Total Suspended (TSS) 1 $ 10.00 $ 10.00 Water 365.1 Total Phosphorus 1 $ 20.00 $ 20.00 Groundwater General Chemistry TAT:7_Days (Business Days) (to be analyzed by Eurofins TestAmerica, Savannah) Matrix Method Test Description Quantity Unit Extended Price Price Water 310.1-1978 Alkalinity 1 $ 15.00 $ 15.00 Water 350.1-1993 R2.0 Ammonia 1 $ 18.00 $ 18.00 Water 351.2-1993 R2.0 Total Kjeldahl Nitrogen, (TKN) 1 $ 15.00 $ 15.00 Water 5310 B-2011 Total Organic Carbon, (TOC) 1 $ 25.00 $ 25.00 Total Groundwater General Chemistry $ 146.00 Groundwater - N/O & Boronl1 TAT: 5_Days (Business Days) Matrix Method Test Description Quantity Unit Extended Price Price Water 200.7 Rev 4.4 Boron - Required for Boron 11 Analysis 1 $ 15.00 $ 15.00 Groundwater - N/O & Boron11 TAT: 25_Days (Business Days) (to be analyzed by Isotech Laboratories Inc) Matrix Method Test Description Quantity Unit Extended Price Price Water Subcontract 15N/14N (d15N) and 180/160 (d180) - (10-Day TAT is 1 $ 395.00 $ 395.00 available @ $595) Groundwater - N/O & Boronl1 TAT:25_Days (Business Days) (to be analyzed by Isotope Tracer Technologies Inc) Matrix Method Test Description Quantity Unit Extended Price Price Water Subcontract Boron 11 1 $ 402.50 $ 402.50 Total Groundwater - N/O & Boron11 $ 812.50 Issued on: 8/12/2020 Page 2 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Coursey, Deb Carey Wood E&I Solutions Inc Date 8/12/2020 550 Northlake Blvd Expiration Date 11/11/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.]umbard@woodplc.com Tel: (407) 592-3235 Pro "e -t.• Oran e Coun Quote /Number. 66015071- 0 Quote Other Charges Description Quantity Unit Extended Price Price Safe and Environmentally Responsible Waste Management (per sample) 1 $ 2.50 $ 2.50 Shipping Charges to Isotope Tracer - $50 (Waterloo, Ontario) 0 $ 50.00 $ 0.00 Supplies - 0.45 Micron In -Line Filter; if needed 0 $ 15.00 $ 0.00 Services - Lab Filtering; If Needed 0 $ 10.00 $ 0.00 Minimum Total Invoice per analytical receipt (for details see T&Cs) 0 $ 150.00 $ 0.00 Total Other Charge $2.50 Total Other Charges $ 2.50 Total Analysis Charges $ 958.50 Grand Total for Quote 66015071 $ 961.00 *Quoted charges do not include sales tax. Applicable sales tax will be added to invoices where required by lain. Issued on: 8/12/2020 Page 3 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.Iumbard@woodplc.com Tel: (407) 592-3235 Prepared by Coursey, Deb Carey Date 8/12/2020 Expiration Date 11/11/2020 Est. Start Date Pro "ect Orange County Quote Number 66015071- 0 Eurofins TestAmerica Business Confidentiality - T&Cs This quote has been prepared by TestAmerica Laboratories, Inc. dba Eurofins TestAmerica (Eurofins TestAmerica), solely for the use of the customer to whom it is addressed in evaluating Eurofins TestAmerica's qualifications and capabilities in connection with a particular project. The user of this document agrees by its acceptance to return it to Eurofins TestAmerica upon request and not to reproduce, copy, lend, or otherwise disclose its contents, directly or indirectly, and not to use it for any purpose other than that for which it was specifically provided. The user also agrees that where consultants or other outside parties are involved in the evaluation process, access to this document shall not be given to said parties unless those parties also specifically agree to these conditions. In the absence of signed acceptance, submittal of samples will indicate acceptance of this quotation. Terms and Conditions - This quotation is based solely upon Eurofins TestAmerica's standard product (routine QA/QC, detection limits, deliverables and standard turnaround times) and noted exceptions herein. The discounts incorporated into the pricing are based upon the sample quantity, test method, and schedule quoted. Any deviations may impact pricing and/or the acceptance of work. Final acceptance of this work is contingent upon a mutually agreed Sample Delivery Schedule. All sales are subject to Eurofins TestAmerica's Terms and Conditions unless alternative terms have been agreed to in writing. Submittal of samples will indicate acceptance of this quotation. Quote Expiration - Pricing listed in the proposal will expire 90 days from the quote date unless the project is awarded/confirmed within that time period. Unless otherwise set forth in this quotation, Eurofins TestAmerica reserves the right to re-evaluate pricing for extended length projects on an annual basis. SERWM - A fee, notated as Safe and Environmentally Responsible Waste Management (SERWM), will be applied to all invoices for each sample processed by the laboratory. PROJECT SETUP Field Sampling Products - Eurofins TestAmerica can provide field sampling products upon request and these products are billable to the client at the time of shipment. Field sampling products may include, but are not limited to: ® VOA sampling devices, preservation kits, ISM supplies, tubing and filters ® Industrial Hygiene media, surface sampling wipes, source sampling traps The cost of the soil sampling devices is not included in the quoted rates for volatile analysis. Core Samplers ® 5 gram Core N' One and EnCore samplers are available at $10 each (three required per sample). ® Disposable Core N' One T-Handles are available at $15 each. ® Eurofins TestAmerica does not supply EnCore T-Handles. Field Preservation Issued on: 8/12/2020 Page 4 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.Iumbard@woodplc.com Tel: (407) 592-3235 Prepared by Coursey, Deb Carey Date 8/12/2020 Expiration Date 11/11/2020 Est. Start Date Project Orange Coun Quote Number. 66015071- 0 ® TerraCore Kits (varied) - quoted based on client required configurations ® Disposable Lock N' Load Handles are available at $12 each. If any sampling supplies for soil VOCs are requested, they will be included in the quote under Other Charges. Coolers and Sampling Supplies - ® Sampling Supplies: Eurofins TestAmerica will provide sample containers and coolers to support the sampling of water and soil samples. Extra bottles may be provided (up to 10%) in case of breakage. Eurofins TestAmerica expects that samples and supplies will be returned to the lab, including empty coolers and a reasonable percentage of the projected sample load - 70% or higher of the expected/quoted sample number. Coolers not received back by the projected deadline or as agreed with the PM may be charged at $30 per cooler. Similarly, if the sample containers received as samples are less than 90% of the containers provided, the sample containers not received as samples will be charged at a flat rate of $1 per container. ® Sample Container Shipping: The containers and preservatives required by the project shall be delivered via ground transportation. A minimum of 5 business days advance notice is required in order to achieve shipment by ground"transportation. Supply shipments requiring priority delivery due to insufficient lead time for ground transportation shall be charged to the client at Eurofins TestAmerica's cost. Alternatively, Eurofins TestAmerica can ship the supplies via carrier of choice by the client using the client's shipping account. Eurofins TestAmerica does not supply wet ice or blue ice for shipments. If shipping containers are not returned within 60 days, a charge for the containers will be billed at the current market rate. Please contact your PM for the current charges. Courier Services and Sample Pick -Up - Courier Services are offered by some Eurofins TestAmerica facilities. Where offered, the cost of the services will vary based on the distance traveled, the scope of the project being supported, and whether sufficient notice (typically 48 hours) is provided,to facilitate efficient scheduling. If no details are described in this quotation and you are interested in learning more about courier options, please contact your Client Relations Manager or Project Manager to inquire about availability and cost. Minimum Log -In Charges - Eurofins TestAmerica's minimum charge is $150 for a group of samples received together for analysis. Our minimum invoice value is $150. QC Limit Disclaimer - The laboratory's reporting limits, detection limits, and control limits are subject to change as these values are updated periodically to reflect analytical sensitivity and capability. Turnaround Time - ® Quoted Turnaround Time - Data will be delivered at the proposed turnaround time in Business Days from Sample Receipt unless otherwise agreed upon. TAT begins the day the laboratory performing analyses receives the samples (day of lab receipt = day zero). Samples received after 11 AM will be considered received the next business day. ® Expedited Turnaround Time: Expedited turnaround times may be available and must be Issued on: 8/12/2020 Page 5 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Coursey, Deb Carey Wood E&I Solutions Inc Date 8/12/2020 550 Northlake Blvd Expiration Date 11/11/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance. Iumbard@woodplc,com Tel: (407) 592-3235 pre -approved by the laboratory. Expedited turnaround delivery is contingent upon meeting the agreed upon delivery date/time and number of samples. Samples received after 11 AM will be considered received the next business day. Results will be provided via e-mail or TotalAccess by close of business in the lab's time zone unless another time has been agreed to in advance. Expedited turnaround time surcharges for standard analyses are: - 5 Business Days TAT = 30% - 4 Business Days TAT = 45% - 3 Business Days TAT = 60% - 2 Business Days TAT = 75% - 1 Business Day TAT = 100% Different surcharges may apply for specialty analyses. These will be provided in your quotation. Weekend TAT can be arranged on a project -specific basis at an additional cost. Please contact your PM to inquire about availability and cost. PROJECT DELIVERABLES Eurofins TestAmerica will provide two analytical report formats, a final report in PDF format and a standard Eurofins TestAmerica EDD. Both electronic report formats will be delivered via email or web portal. If additional formats or retroactive deliverables are requested, costs of report generation will be billable. Charges will be based on labor and materials cost of report generation and data retrieval. Please contact your PM to inquire about availability and the price of additional deliverables. ® Report Format: Unless a level III or IV deliverable is specifically listed on the pricing page, this quotation includes delivery of a Level I or II report. Level III or IV reports are available at an additional charge. Electronic Data Deliverable Format: Eurofins TestAmerica has many EDD formats available to our clients including the most widely used commercial formats. Eurofins TestAmerica offers data using a standard EDD, Other EDD formats are available for a minimal cost of $25 per format (if not included as part of the report options listed in the quotation). The development of EDD formats that are not already available, including modification to existing formats to fit client specific needs, can be provided for a fee starting at $100. Additional fees will be estimated by the lab and approved by the client. Additional programming fees are billed at $50/hour. PROJECT SPECIFICATIONS Cancellation Fee - A fee will be charged for cancellation of samples/analyses after a project is received in the laboratory. The fee will be based on the status of analysis at the time of cancellation in accordance with the following categories: ® Received - 35% ® Prepped - 50% ® Analyzed - 95% Changes in Scope and Work Revisions - Project requirements must be agreed upon prior to sample receipt. Samples will be logged according to the chain of custody received with the samples. Changes after initiation of the project will be subject to additional charges, including labor time required to reset project, communicate changes to laboratory staff, and rework data. Turnaround time will be reset or Issued on: 8/12/2020 Page 6 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.Iumbard@woodpic.com Tel: (407) 592-3235 Prepared by Coursey, Deb Carey Date 8/12/2020 Expiration Date 11/11/2020 Est. Start Date Pro ect Oran e Coun Quote Number.- 66015071- 0 rush surcharges will be assessed where applicable. Analyses added with less than 1/2 of the analytical hold time remaining will incur rush turnaround charges. Your project manager will evaluate project specific charges at the time a change order is received. Held Samples - ® Held samples not analyzed: Samples submitted on hold will be billed at 35% of the analysis fee (minimum $10/sample). If samples are later analyzed, the handling fee will be waived and only the analysis price will be charged. Samples taken off hold with less than 1/2 of the analytical hold time remaining may incur rush turnaround charges. Samples will be disposed of 30 days after the report for analyzed samples in the same job is issued, unless alternate archival arrangements are made in advance. ® Extracted/Prepped and Held samples: Samples submitted for prep and hold will be billed at 60% of the analysis fee for each prepped sample (minimum $30/sample). Samples taken off hold with less than 1/2 of the analytical hold time remaining may incur rush turnaround charges. Samples will be disposed of 30 days after the report for analyzed samples in the same job is issued, unless alternate archival arrangements are made in advance. Extended archival of samples: Extended archival of samples (including held samples) may be available for a fee starting at $2 per container per month (minimum $10/sample). This fee will be billed in advance on a quarterly basis for every quarter after the standard sample retention time of 30 days after the report is issued. Fees for larger volumes, non-standard matrices or cold storage will be negotiated on a case -by -case basis. Please contact your PM to inquire about availability and pricing for samples that are sent to the lab and archived. Matrix Spike/Spike Duplication (MS/MSD) Samples - When MS/MSDs are not specifically requested, Eurofins TestAmerica will strive to perform the required QC using whatever sample is available but will not report the QC results unless the client requests it. The reporting of client requested MS/MSD results will be charged at applicable unit rates. If MS/MSDs are specifically required or requested, the client must provide additional sample volume. Multiple Dilutions Analyzed - Eurofins TestAmerica strives to analyze samples without dilution or with the minimum dilution required. Samples are diluted to bring the primary analyte within the calibration range of the instrument, to compensate for matrix co -extractives, or to prevent instrument contamination. Eurofins TestAmerica will report the analytical run containing the highest concentration component/analyte in the sample within the calibrated (quantifiable) range of the method. Analytical screening runs are not reported. If project specific data quality objectives require additional runs, analyses will be billable unless otherwise noted in this quote. Please contact your PM to inquire about the availability of this service for your project. Sample Disposal - Eurofins TestAmerica will dispose of non -hazardous samples, sample extracts and digestates 30 days after the final report is issued. Charges for disposal of non -routine or uniquely hazardous samples will be billed to the client. Alternatively, samples can be returned to the client for disposal. Cost of return shipping will be billable to the client. Special Sample Handling Fees - Unit prices assume that samples are a single-phase matrix and that analyses can be performed Issued on: 8/12/2020 Page 7 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.]umbard@woodplc.com Tel: (407) 592-3235 Prepared by Coursey, Deb Carey Date 8/12/2020 Expiration Date 11/11/2020 Est. Start Date Pro "e -t.• Oran e Coun Quote Number 660>507> - 0 in accordance with the laboratory's standard analytical procedures. If additional handling is required, additional fees may apply. Examples of special handling include (but are not limited to): • Matrices requiring additional dilutions or special clean up steps • Multiphasic samples requiring separate preparations and/or analyses • Particle size reduction or special sub -sampling procedures • Extra disposal costs for unique waste streams Trip Blanks - Eurofins TestAmerica typically provides trip blanks with our sample kits containing volatile analysis. When samples are received at the laboratory with trip blanks, the lab will analyze, report and charge the unit rate for the analysis. Please add this sample to your chain of custody. If you do not want the trip blank analyzed, please note this on the COC. ADDITIONAL BUSINESS TERMS AND CONDITIONS Environmental Management Fee If this fee is included in the Other Charges section of the pricing page, a fee equal to the listed percentage of the total invoice amount will be applied to all work done under this quotation. The Fee will appear as a separate line item on each invoice. In the absence of any other firm pricing agreements, your sending work to us under this quotation will signify your acceptance of responsibility for payment of the Fee. Field Parameters - pH, Temperature, and Dissolved Oxygen analyses, along with Residual Chlorine screening, are properly performed and treated in the field at the time of sample collection. Laboratory analysis may result in a holding time exceedance qualifier. Network or Subcontract Labs - • Networking: Eurofins TestAmerica reserves the right to perform the services at any laboratory in the Eurofins TestAmerica network, unless the Client has required a particular location for the work. Subcontracting: Eurofins TestAmerica reserves the right to subcontract services ordered by the Client to another laboratory or laboratories, if, in Eurofins TestAmerica's sole judgment, it is reasonably necessary, appropriate or advisable to do so. Eurofins TestAmerica will make every effort to notify the client prior to delivering samples to an out -of -network laboratory. Eurofins TestAmerica will in no way be liable for any subcontracted services (outside the Eurofins TestAmerica network) except for work performed at laboratories which have been audited and approved by Eurofins TestAmerica. Price Surcharge Due To Sample Volume - Unless dictated by contract, this quotation is based on the scope of work defined in the quote request. If the volume of samples submitted is less than 70% of the projected volume, a surcharge of 10% of the total project cost may be assessed. Professional and Administrative Services - A variety of professional and administrative services are available. Prices for services not specifically detailed in this quotation will be billed in accordance with Eurofins TestAmerica's Professional Rate Schedule. Taxes - Where reports are issued in or delivered to a state which assesses sales tax on Eurofins Issued on: 8/12/2020 Page 8 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Wood E&I Solutions Inc 550 Northlake Blvd Suite 1000 Altamonte Spr, FL 32701 lance.Iumbard@woodpic.com Tel: (407) 592-3235 Prepared by Coursey, Deb Carey Date 8/12/2020 Expiration Date 11/1112020 Est. Start Date Pro "ect. Oran e Coun Quote Number- 66015071- 0 TestAmerica's services, applicable sales taxes will be added to the invoice as required by law, unless an appropriate sales tax exemption form is on file with Eurofins TestAmerica. Rev: 04/04/2019 Issued on: 8/12/2020 Page 9 of 10 Eurofins TestAmerica, Tampa 6712 Benjamin Road Suite 100 Tampa, FL 33634 Prepared for: Lance Lumbard Prepared by Coursey, Deb Carey Wood E&I Solutions Inc Date 8/12/2020 550 Northlake Blvd Expiration Date 11/11/2020 Suite 1000 Est. Start Date Altamonte Spr, FL 32701 lance.Iumbard@woodplc.com Tel: (407) 592-3235 Pro "ect. Oran e Coun Quote Number 66015071- 0 Groundwater General Chemistry Matrix Method Test Description Analyte RL MDL Units Water 353.2 Nitrate & Nitrate/Nitrite Nitrate Nitrite as N 0.0800 0.0267 mg/L Nitrate as N 0.120 0.0400 mg/L RL MDL Units Water 365.2 Orthophosphate - Assumes Field Filtered Orthophosphate 0.0200 0.00371 mg/L RL RL Units Water 213OB-2011 Turbidity Turbidity 0.500 0.500 NTU RL RL Units Water 2540 D-2011 Solids, Total Suspended (TSS) Total Suspended Solids 5.00 5.00 mg/L RL MDL Units Water 365.1 Total Phosphorus Phosphorus, Total (As P) 0.0100 0.00700 mg/L RL RL Units Water 310.1-1978 Alkalinity Alkalinity 5.00 5.00 mg/L RL MDL Units Water 350.1-1993 R2.0 Ammonia Ammonia 0.250 0.100 mg/L RL MDL Units Water 351.2-1993 R2.0 Total Kjeldahl Nitrogen, (TKN) Nitrogen, Kjeldahl 0.200 0.100 mg/L RL MDL Units Water 5310 B-2011 Total Organic Carbon, (TOC) Total Organic Carbon 1.00 0.500 mg/L Groundwater - N/O & Boronll Matrix Method Test Description Analyte RL MDL Units Water 200.7 Rev 4.4 Boron - Required for Boron 11 Analysis Boron 0.0500 0.00300 mg/L Issued on: 8/12/2020 Page 10 of 10 e u rofi n s v � k � EUROFINS TESTAMERICA TERMS AND CONDITIONS OF SALE (Short Form) When a purchaser (Client) places an order for laboratory, consulting or sampling services from TestAmerica Laboratories, Inc., a Delaware corporation (Eurofins TestAmerica), Eurofins TestAmerica shall provide the ordered services pursuant to these Terms and Conditions and the related Quotation or Price Schedule, or as agreed in a negotiated contract. In the absence of a written agreement to the contrary, a client order constitutes an acceptance by the Client of Eurofins TestAmerica's offer to do business under these Terms and Conditions, and an agreement to be bound by these Terms and Conditions. Receipt of a Client's samples at a Eurofins TestAmerica laboratory constitutes acceptance of these Terms and Conditions (in the absence of any other negotiated contract). No contrary or additional terms and conditions expressed in a Client's document shall be deemed to become a part of the contract created upon acceptance of these Terms and Conditions, unless accepted by Eurofins TestAmerica in writing. 1. ORDERS AND RECEIPT OF SAMPLES 1.1 A Client may place an order (i.e., specify a Scope of Work) either by submitting a purchase order to Eurofins TestAmerica in writing or by telephone subsequently confirmed in writing, or by negotiated contract. Whichever option the Client selects for placing an order, the order shall not be valid unless it contains sufficient specification to enable Eurofins TestAmerica to carry out the Client's requirements. In particular, samples must be accompanied by: a) adequate Instruction on type of analysis requested, and b) complete written disclosure of the known or suspected presence of any hazardous substances, as defined by applicable federal or state law. If a Client fails to provide these required disclosures accompanying the submission of samples, and such failure results in an interruption in the lab's ability to process work due to contamination of instruments or work areas, the Client will be responsible for the costs of clean-up and recovery. 1.2 The Client shall provide one week's advance notice of the sample delivery schedule, or any changes to the schedule, whenever possible. Upon timely delivery of samples, Eurofins TestAmerica will use its best efforts to meet mutually agreed turnaround times. All turnaround times will be calculated from the point in time when Eurofins TestAmerica has determined that it can proceed with defined work following receipt, Inspection of samples, and resolution of any discrepancies in Chain -of -Custody forms and project guidance regarding work to be done (Sample Delivery Acceptance). Rush turnaround times not requested in advance of the delivery of samples and specifically agreed to by the lab are not guaranteed. If the Client changes the sample delivery schedule prior to Sample Delivery Acceptance, Eurofins TestAmerica reserves Its rights to modify Its turnaround time commitment, change the date upon which Eurofins TestAmetica will accept samples, or refuse Sample Delivery Acceptance for the affected samples. 1.3 Eurofins TestAmerica reserves the right, exercisable at any time, to refuse or revoke Sample Delivery Acceptance for any sample which in the sole judgment of Eurofins TestAmerica: a) is of unsuitable volume; b) may pose a risk or become unsuitable for handling, transport, or processing for any health, safety, environmental or other reason, whether or not due to the presence of any hazardous substance in the sample and whether or not such presence has been disclosed to Eurofins TestAmerica by the Client; or c) holding times cannot be met, due to passage of more than 48 hours from the time of sampling or 1/2 the holding time for the requested test, whichever is less. 1.4 Prior to Sample Delivery Acceptance, the entire risk of loss or damage to samples remains with the Client, except where Eurofins TestAmerica provides courier services. In no event will Eurofins TestAmerica have any responsibility or liability for the action or inaction of any carrier shipping or delivering any sample to or from Eurofins TestAmerica's premises. Client is responsible for assuring that any sample that contains or may contain any hazardous substance to be delivered to Eurofins TestAmerica's premises Is properly packaged, labeled, transported and delivered, all in accordance with applicable laws. 1.5 Eurofins TestAmerica reserves the right to begin processing samples upon receipt, unless the Client specifically notifies Eurofins TestAmerica in writing prior to sample receipt that the samples are to be held without preparation or other processing or pending receipt of a purchase order. Eurofins TestAmerica shall under no circumstances be responsible for missed holding times or turnaround times or for re -sampling costs if samples are released from hold with less than 48 hours or 1/2 the holding time for the requested test remaining, whichever is less. 2. PAYMENT TERMS 2.1 Services performed by Eurofins TestAmerica will be in accordance with prices quoted and later confirmed in writing or as stated in the Price Schedule. Quoted prices do not Include sales tax. Applicable sales tax will be added to invoices where required by law. 2.2 Invoices may be submitted to Client upon completion of any sample delivery group. Billing corrections must be requested within 30 days of invoice date. Payment in advance is required for all clients except those whose credit has been established with Eurofins TestAmerica. For clients with approved credit, payment terms are net 30 days from the date of invoice by Eurofins TestAmerica, unless alternative terms have been agreed in a separate written agreement. Payment shall be made without retainage, and shall not be contingent upon the receipt of funds from third parties. All overdue payments are subject to an additional interest and service charge of one and one half percent (1.5%) (or the maximum rate permissible by law, whichever is less) per month or portion thereof from the due date until the date of payment. All fees are charged or billed directly to the Client. The billing of a third party will not be accepted without a statement, signed by the third party, acknowledging and accepting payment responsibility in accordance with these payment terms. 2.3 If Client fails to make timely payment of its invoices, Eurofins TestAmerica reserves the right to pursue all appropriate remedies, including withdrawing certifications, suspending work and withholding delivery of data under this order without recourse. Client shall be responsible for all reasonable fees, expenses, and costs of collection including but not limited to arbitrator's and attorney's fees. Eurofins TestAmerica reserves the right to refuse to proceed with work at any time based upon an unfavorable Client credit report. 3. CHANGE ORDERS, TERMINATION 3.1 Changes to the Scope of Work, price, or result delivery date may be initiated by Eurofins TestAmerica after Sample Delivery Acceptance due to any condition which conflicts with analytical, QA or other protocols warranted in these Terms and Conditions. Eurofins TestAmerica will not proceed with such changes until an agreement with the Client Is reached on the amount of any cost, schedule change or technical change to the Scope of Work, and such agreement is documented in writing. 3.2 Changes to the Scope of Work, Including but not limited to increasing or decreasing the work, changing test and analysis specification, or acceleration In the performance of the work may be initiated by the Client after Sample Delivery Acceptance. Such change must be documented in writing and may result in a change in cost and turnaround time commitment. Eurofins TestAmerica's acceptance of such changes is contingent upon technical feasibility and operational capacity. 3.3 Suspension or termination of all or any part of the work may be initiated by the Client. Eurofins TestAmerica will be compensated consistent with Section 2 of these Terms and Conditions. Eurofins TestAmerica will complete all work in progress and be paid in full for all work completed. 4. WARRANTIES AND LIABILITY 4.1 Where applicable, Eurofins TestAmerica will use appropriate and approved analytical test methods. Eurofins TestAmerica has referenced these methods in its Laboratory Quality Manuals and has documented them in Standard Operating Procedures. Eurofins TestAmerica reserves the right based on its reasonable judgment to deviate from these methodologies as necessary or appropriate to the extent required by the nature or composition of the sample, which deviations, if any, will be made on a basis consistent with recognized standards of the industry and/or Eurofins TestAmerica's Laboratory Quality Manuals. Client may request that Eurofins TestAmerica perform according to a mutually agreed Quality Assurance Project Plan (QAPP). If samples arrive prior to agreement on a QAPP, Eurofins TestAmerica will proceed with analyses under its standard Quality Manuals then in effect. Eurofins TestAmerica will not be responsible for any resampling or other charges if work must be repeated to comply with a subsequently finalized QAPP. 0 2019, TestArerica Laboratories, Inc., All Rights Reserved Std TC-1 (00), Page 1 of 3 fir euro-fins L W: o 4.2 Eurofins TestAmerica shall start preparation and/or analysis within holding times provided that Sample Delivery Acceptance occurs within 48 hours of sampling or 1/2 of the holding time for the test, whichever Is less, unless the Client has specifically requested that Eurofins TestAmerica hold the samples without preparation or other processing or pending receipt of a purchase order. Where resolution of inconsistencies leading to Sample Delivery Acceptance does not occur within this period, Eurofins TestAmerica will use its best efforts to meet holding times and will proceed with the work provided that, in Eurofins TestAmerica's judgment, the chain -of -custody or definition of the Scope of Work provide sufficient guidance. Reanalysis of samples to comply with Eurofins TestAmerica's Quality Manuals will be deemed to have met holding times provided the initial analysis was performed within the applicable holding time. Where reanalysis demonstrates that sample matrix Interference Is the cause of failure to meet any Quality Manual requirements, the warranty will be deemed to have been met. 4.3 Eurofins TestAmerica warrants that it possesses and maintains all licenses and certifications that are required to perform services under these Terms and Conditions provided that such requirements are specified in writing to Eurofins TestAmerica prior to Sample Delivery Acceptance. Eurofins TestAmerica will notify the Client in writing of any decertification or revocation of any license, or notice of either, that affects work in progress. 4.4 The warranty obligations set forth in Sections 4.1, 4.2 and 4.3 are the sole and exclusive warranties given by Eurofins TestAmerica in connection with any services performed by Eurofins TestAmerica or any results generated from such services, and Eurofins TestAmerica gives and makes NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. No representative of Eurofins TestAmerica is authorized to give or make any other representation or warranty or modify this warranty in anyway. 4.5 Client's sole and exclusive remedy for breach of warranty in connection with any services performed by Eurofins TestAmerica will be limited to repeating any services performed, contingent on the Client's providing, at the request of Eurofins TestAmerica and at the Client's expense, additional sample(s) if necessary. Any reanalysis requested by the Client generating results consistent with the original results will be at the Client's expense. If resampling is necessary, Eurofins TestAmerica's liability for resampling costs will be limited to actual cost or one hundred and fifty dollars ($150) per sample, whichever is less. 4.6 Eurofins TestAmerica's liability for any and all causes of action arising hereunder, whether based in contract, tort, warranty, negligence or otherwise, shall be limited to the lesser amount of compensation for the services performed or $100,000. All claims, Including those for negligence, shall be deemed waived unless suit thereon is filed within one year after Eurofins TestAmerica's completion of the services. Under no circumstances, whether arising in contract, tort (including negligence), or otherwise, shall Eurofins TestAmerica be responsible for loss of use, loss of profits, or for any special, indirect, incidental or consequential damages occasioned by the services performed or by application or use of the reports prepared. 4.7 In no event shall Eurofins TestAmerica have any responsibility or liability to the Client for any failure or delay in performance by Eurofins TestAmerica that results, directly or indirectly, in whole or in part, from any cause or circumstance beyond the reasonable control of Eurofins TestAmerica. Such causes and circumstances include, but are not limited to, acts of God, acts of Client, acts or orders of any governmental authority, strikes or other labor disputes, natural disasters, accidents, wars, civil disturbances, equipment breakdown, matrix interference or unknown highly contaminated samples that impact Instrument operation, unavailability of supplies from usual suppliers, difficulties or delays in transportation, mail or delivery services, or any other cause beyond Eurofins TestAmerica's reasonable control. 5. RESULTS, WORK PRODUCT 5.1 Data or information provided to Eurofins TestAmerica or generated by services performed under this agreement shall only become the property of the Client upon receipt in full by Eurofins TestAmerica of payment for the entire order. Ownership of any analytical method, QA/QC protocols, software programs or equipment developed by Eurofins TestAmerica for performance of work will be retained by Eurofins TestAmerica. Client shall not disclose such information to any third party without Eurofins TestAmerica's express prior consent. 5.2 Data and sample materials provided by Client or at Client's request, and the result obtained by Eurofins TestAmerica shall be held in confidence (unless such information is generally available to the public or is in the public domain or Client has failed to pay Eurofins TestAmerica for all services rendered or is otherwise in breach of these Terms and Conditions), subject to any disclosure required by law or legal process. 5.3 Should the results delivered by Eurofins TestAmerica be used by the Client or Client's client, even though subsequently determined not to meet the warranties described in these Terms and Conditions, then the compensation will be adjusted based upon mutual agreement. In no case shall the Client unreasonably withhold Eurofins TestAmerica's right to independently defend its data. 5.4 Eurofins TestAmerica reserves the right to perform the services at any laboratory in the Eurofins TestAmerica network. If a Client has requested a particular location for the work, Eurofins TestAmerica will inform the Client when operational constraints require the work to be performed at another Eurofins TestAmerica location. In addition, Eurofins TestAmerica reserves the right to subcontract services ordered by the Client to another laboratory or laboratories, if, in Eurofins TestAmerica's sole judgment, it is reasonably necessary, appropriate or advisable to do so. Eurofins TestAmerica will in no way be liable for any subcontracted services (outside the Eurofins TestAmerica network) except for work performed at laboratories which have been audited and approved by Eurofins TestAmerica. 5.5 Eurofins TestAmerica will dispose of non -hazardous samples, sample extracts and digestates 30 days after the final analytical report is Issued, unless instructed to store them for an alternate period of time or to return such samples to the Client, in a manner consistent with U.S. Environmental Protection Agency regulations or other applicable federal, state or local requirements. Charges for disposal will be billed to the client. Alternatively, samples can be returned to the client for disposal. Cost of return shipping will be billable to the client. Air samples in Summa canisters and tedlar bags are used and the containers cleaned immediately after testing, such that those samples are not retained. Longer storage periods may be requested and may be accommodated if space allows, and for an additional charge. Any samples for projects that are canceled or not accepted, or for which return was requested, will be returned to the Client at its own expense. Eurofins TestAmerica reserves the right to return to the Client any sample or unused portion of a sample that is not within Eurofins TestAmerica's permitted capability or the capabilities of Eurofins TestAmerica's designated waste disposal vendor(s). ALL DIOXIN, MIXED WASTE, AND RADIOACTIVE SAMPLES WILL BE RETURNED TO THE CLIENT, unless prior arrangements for disposal are made. 5.6 Unless a different time period is agreed to in an order under these Terms and Conditions, Eurofins TestAmerica agrees to retain all records for five (5) years. 5.7 If Eurofins TestAmerica is required to respond to legal process related to services for Client, Client agrees to reimburse Eurofins TestAmerica for hourly charges for personnel involved in the response and attorney's fees reasonably incurred in obtaining advice concerning the response, preparation to testify, and appearances related to the legal process, travel and all reasonable expenses associated with the litigation. Additional consulting beyond that normally associated with lab reports will be billed at Eurofins TestAmerica's current published rates. 6. INSURANCE 6.1 During the performance of services under these Terms and Conditions, Eurofins TestAmerica shall maintain in force Workers' Compensation and Employer's Liability Insurance in accordance with the laws of the states having jurisdiction over Eurofins TestAmerica's employees who are engaged in the performance of the work. Eurofins TestAmerica shall also maintain during such period Comprehensive General and Contractual Liability (limit of $1,000,000 per occurrence/ $2,000,000 aggregate), Comprehensive Automobile Liability, owned and hired, ($1,000,000 combined single limit), Professional Liability Insurance (limit of $5,000,000 per claim/ aggregate and Pollution Liability insurance (limit of $5,000,000 per claim/aggregate). © 2019, TestAmerica Laboratories, Inc., All Rights Reserved Std TC-1 (v10), Page 2 of 3 eurofins 7. MISCELLANEOUS PROVISIONS 7.1 These Terms and Conditions, together with any additions or revisions which may be agreed to in writing by Eurofins TestAmerica, embody the whole agreement of the parties and provide the only remedies available. There are no promises, terms, conditions, understandings, obligations or agreements other than those contained herein, and these Terms and Conditions shall supersede all previous communications, representations, or agreements, either verbal or written, between the Client and Eurofins TestAmerica. These Terms and Conditions, and any transactions or agreements to which they apply, shall be governed both as to interpretation and performance by the laws of the state where Eurofins TestAmerica's services are performed. 7.2 The invalidity or unenforceability, in whole or in part, of any provision, term or condition hereof shall not affect in any way the validity or enforceability of the remainder of these Terms and Conditions, the intent of the parties being that the provisions be severable. The section headings of these Terms and Conditions are Intended solely for convenient reference and shall not define, limit or affect in any way these Terms and Conditions or their interpretations. No waiver by either party of any provision, term or condition hereof or of any obligation of the other party hereunder shall constitute a waiver of any subsequent breach or other obligation. 7.3 The obligations, liabilities, and remedies of the parties, as provided herein, are exclusive and In lieu of any others available at law or In equity. Indemnifications, releases from liability and limitations of liability shall apply, notwithstanding the fault, negligence or strict liability of the party to be Indemnified, released, or whose liability is limited, except to the extent of sole negligence or willful misconduct. © 2019, TestAmerica Laboratories, Inc., All Rights Reserved Std TC-1 (v10), Page 3 of 3 -TAP 0 lot I92P E'766 she 0,dc , Longwood, R 32750 Ph! 441-853-4 555 Ezs. 24 NA07.353-4556 Orange County Utilities Y20-906-C Continuing Water Quality Professional Services Gator Engineering & Aquifer Restoration, Inc. Billable Rates and Multiplier Position Category Hourly Rate Multiplier Billable Rate Principle 46.44 2.87 133.28 Project Manager 40.86 2.87 117.28 Senior Engineer 39.75 2.87 114.08 Senior Geologist 37.50 2.87 107.63 Engineer/Geologist 27.13 2.87 77.86 Junior Engineer/Geologist 21.63 2.87 62.09 Scientist/Biologist 24.70 2.87 70.99 Senior Engineer Technician 22.74 2.87 65.33 Engineer Technician 18.83 2.87 54.09 Draftsmen 14.46 2.87 41.54 Student Intern 14.46 2.87 41.54 Administration 14.46 2.87 41.54 In the most recent reporting period, which consisted of the month of April of the year 2018, Gator Engineering & Aquifer Restoration, Inc, had the following multipliers, which are submitted to Orange County to be used on this Contract (See attached Overhead Analysis Statement). General Overhead Rate 1,342 Fringe Benefit Rate 1.270 Fringe + General Overhead Rate 2.612 Salary + Fringe + General Overhead Rate 2.612 Profit Margin 0.261 Total Overhead Rate 2.873 This is to certify that the above information is accurate as of July 30, 2019, Under Penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statement may result in criminal prosecution for a felony of the third degree as provided in Section 92.525(3), Florida Statues. Nelson N. Wilson President 7-28-2020 Name of Company Officer, Title Date Signature (Maximum multiplier allowed by Orange County: 2.99 - Maximum profit: 12%) OfAP Gutor Eng4icering & Aquifer Rcsforuiion, Inc, t 92& e_ht G,dc , tonq* d, R 32750 P6r> 407-85S-4555 Cxf. ER 6x.907-ASS-3556 Field Services Item Unit Cost Item Unit Cost Truck Rig Mobilization each $600.00 Ground Penetrating Radar hour $500.00 Mud Bug Rig Mobilization each $800.00 Drill Rig & Crew (2 person) hour $300.00 CPT Rig Mobilization each $1,500.00 Drill Rig & Crew (3 person) hour $400.00 Track Rig Mobilization each $4,500.00 Mud Rig & Crew (2 person) hour $500.00 GPR Mobilization each $500.00 Field Permeability (0-10 ft) each $450.00 Boat Mobilization each $600.00 Field Permeability (10-20 ft) each $550.00 Support Truck day $200.00 Double Ring Infiltrometer each $750.00 Support Boat day $250.00 Field Vane Shear Strength each $500.00 Coring Maching day $200.00 Pavement Cores (day no MOT) each $200.00 GPS Unit day $150.00 Pavement Cores (night no MOT) each $300.00 Safety Signs day $100.00 Roadway Cores (day no MOT) each $400.00 Channelization Cones (each) day $5.00 Roadway Cores (night no MOT) each $500.00 Coring Crew (2 persons) hour $200.00 Surcharge for Night/Weekend lump 35% Coring Crew (3 persons) hour $300.00 Surchage - Standby lump 50% Chainsaw day $75.00 Surcharge OSHA -Certified Crew lump 10% Piezometer foot $50.00 Monitoring Well, 2" 0-25' per foot $32.00 Per Diem (per person) night $125.00 Monitoring Well, 2" 25'-50' per foot $37.00 Item Unit 0-50 50-100 100-150 150-200 200-250 250-300 SPT Borings foot $18.00 $22.00 $33.00 $45,00 $52.00 $65.00 Rotarty Wash Borings foot $13.00 $18.00 $21.00 $27.00 $33.00 $40.00 CPT Soundings foot $18.00 $20.00 $22.00 $24.00 $26.00 $28.00 Auger Borings foot $32.00 $43.00 $ - $ - $ - $ - HW Rock Coring foot $44.00 $48.00 $54.00 $61.00 $64.00 $69.00 Casing - 3-inch foot $12.00 $14.00 $20.00 $22.00 $26.00 $30.00 Casing - 4-inch foot $13.00 $15.00 $21.00 $23.00 $27.00 $33.00 Casing - 6-inch foot $18.00 $22.00 $24.00 $28.00 $33.00 $39.00 Additional Split Spoon Samples foot $50.00 $60.00 $90.00 $115.00 $135.00 $175.00 Undisturbed Samples foot $220.00 $240.00 $300.00 $360.00 $420,00 $490.00 Borehole Grouting foot $8.00 $9.00 $10.00 $14.00 $16.00 $18.00 *Multiply Truck Unit Rates by 1.25 for Mud Bug and 1.5 for Track/Barge Unit Rates Item Unit Cost Item Unit Cost Unit Weight each $55.00 Unconfined Compression - Soil each $250.00 Natural Moisture Content each $20.00 Unconfined Compression - Rock each $175.00 Grain Size Analysis (sieve analysis) each $80.00 Splitting Tensile - Rock each $200.00 Percent Fines each $55.00 Permeability each $350.00 Hydrometer Analysis each $125.00 Permeability with Backpressure each $500.00 Organic Content each $60.00 Corrosion Series each $250.00 Atterberg Limits (Plastic & Liquid) each $125.00 Bitumen Extraction each $125.00 Specific Gravity each $90.00 Aggregate Gradation each $75.00 Limerock Bearing Ratio each $400.00 UU Triaxial Shear Strength each $600.00 Consolidation with Rebound (12) each $750.00 CU Triaxial Shear Strength each $700.00 Consolidation Additional Loads each $75.00 CD Triaxial Shear Strength each $800.00 Consolidation Extended Loads each $125.00 Pocket Penetrometer each $50.00 ASTM-D-689 Modified Proctor each $125.00 Drums, 55 gallon each $55.00 NPDES Groundwater Anal. Tests lump $2,000.00 Permits, Well each $220.00 NOTE: There will not be any direct costs, and report copies are covered under the unit costs Gator Engineering G Aquifer Restoration, Inc. 165 M,ddla St— L, Stile 1351 - Luka Diary, FL 32746 - 407,073.0950 Equipment Rate Schedule Item Name Brand/Model Rate Unit Rate OVA-PID Mini RAE 3000 $110.00 day OVA-FID Mini RAE Plus $175.00 day Water Level Indicator Heron di er-T $30.00 day Oil/Water Probe Heron H01.6 $90.00 day Conductivity,pH/Temp YSI 556 $50.00 day YSI Groundwater Meter YSI Pro DSS $150.00 day Peristaltic Pump Geotech Geopump $75.00 day Trash Pump Honda WX10 $75.00 day Grundfos submersible pump Grundfos RediFlo Variable $250.00 day Dissolved Oxygen Meter YSI Pro ODO $50.00 day Hand Auger - Bundle JMC SS Bundle $50.00 day Turbidity meter LaMotte 202we $50.00 day High Flow Pumps Grundfos RediFlo Non Variable $60.00 day Moisture Meter A uaterr M300 $35.00 day 12 V Submersible Pump Solinst Model 410 $45.00 day Data Logger & Pump Proactive Abyss 220 $450.00 test Data Logger Controller Geotech Controller $225.00 day Surveying Equipment LaserMark LMS Series $75.00 day Level C Safety Equipment T vec $90.00 da GPS Instrument Meter Garmin 64S $50.00 unit Compressor Winco 3000 $150.00 unit Ex endables —(See Below Various $30.00 day Expendables Absorbent pads Alconox Aluminum foil Asphalt/concrete patching material Bailer twine Calibration gases & standards Camera and film Cleaning brushes DI water Drop cloths Dry ice Duct tape Electrical engineers tool kit Extension cords Fire extinguishers First aid kits Flashlight Fuel for light duty tools/equipment Galvanized wash tubs Garbage cans and bags High pressure air line Tee and vermiculite packing LEL filters Liquid hand soap Liquinox soap Nitrogen gas Nitryl gloves Paper towels Particulate filter pH paper Pick axe Plastic buckets Plastic sheeting Post hole digger Pry bar PVC fittings Rake Sample labels Sample preservatives Shovel Soil sample jars Spray paint Sprayer bottles Stainless steel buckets/bowls Survey tape Tedlar bags Thermometer Tool kit Traffic cones Transfer pipette Well caps/locks/tubing As requested, the following is our information regarding overhead multipliers and personal hourly rates for projects with Orange County. These rates will be used throughout the duration of the contract: Base Rate 100% Overhead & Fringe Benefits 120% Subtotal 220% Profit (10%) 0.22 Overall multiplier 2.42 Individual classification for personnel hourly rates are as follows: Classification Basic Hourly Rate Overall Multiplier Billable Rate Dr. M. Krishnamurthy $66.12 2.42 $160.00 Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution fora felony of the third degree as provided for in Section 92.525(3), Florida Statutes. M. Krishnamurthy, President (Printed name and Title) S1-9 tllre___ September 14, 2020 (Date) 7742 Glynde Hill Drive ® Orlando, Florida 32835-8159 r Phone: (407) 292-3664 Cost Proposal Client: Lance Lumbard Phone: Wood Environment & Infrastructure Solutions, Inc. 75 East Amelia St. Suite 200 Orlando, 32801 Fax: Branch: AMEC Foster Wheeler - Orlandc Quote ID: Q2020227.0003 10515 Research Drive Knoxville, TN 37932 Phone: (865) 573-8188 Fax: (865) 573-8133 Date Quoted: 02/27/2020 NOTICE: This cost proposal is intended only for the addressee shown above and may contain confidential or privileged information. If the recipient of this material is not the intended recipient or if you have received this in error, please notify Microbial Insights, Inc. immediately. Thank you for your cooperation. Page 1 of 3 0 rMr b ffin u i .I s Cost Proposal Client: Wood Environment & Infrastructure Solutions, Inc. Quote ID: Q2020227.0003 Contact: Lance Lumbard Date Quoted: 02/27/2020 Following is a table detailing the per sample cost based on the objectives for this study. Water CENSUS -DNA (Human Associated Bacteroidetes--HF183) CENSUS -DNA (Dog Bacteriodetes--DBACT) CENSUS -DNA (Ruminant associated Bacteroidetes--Rum2Bac) CENSUS -DNA (Ruminant associated Bacteroidetes--BacR) CENSUS -DNA (Gull (Catellicoccus sp.)--GULL-CAT) CENSUS -DNA (Canada Goose Bacteroidetes--CGBACT-1) CENSUS -DNA (Canada Goose Bacteroidetes--CGBACT-2) CENSUS -DNA (General Bacteroidetes--GenBac) Sub -Total Total of Items $275 $75 $75 $0 $75 $75 $0 $75 $650.00 $650.00 Total Event Cost (USD): *For all CENSUS (gPCR) analysis the 1 st target is at the higher price than each additional target thereafter. Notes: $650.00 $650.00 Page 2 of 3 mocrobiatir'lsigkits Important Information Sample Cancellation Policy We understand that on rare occasions our clients may want to cancel an order or analysis of individual samples. However, because samples are processed promptly upon receipt, the following cancellation surcharges apply. If cancellation is within 24 hours of sample receipt there will be no charge. If cancellation is between 24 hours up to 3 working days, there will be a 50% surcharge to cover our processing to that point. After 3 working days the full charge will apply. Sampling Supplies We will gladly provide upon request at no additional charge the Bio-Flo filters (Laboratory Preferred for groundwater if using a pump), poly bottles or Whirl -Pak bags for soil along with instructions, COC forms (w/duplicate copies) and sampling labels for your convenience and quality assurance. Any sample collection supplies will be shipped FedEx ground unless expedited shipping is requested. MI does not cover any international shipping charges. For expedited (2nd day or Overnight) or international shipping, we require client's FedEx account number prior to shipping. It is the client's responsibility to ship samples back to laboratory. MI does not cover any return shipping costs. Report format and EDD This quote is for the standard MI report and standard MI EDD. Any deviation from the standard report will result in a surcharge. Requests for a MI Level III data package will entail an additional 15% surcharge. Allow an additional 1 - 2 weeks after the Standard Report is completed for the Level II I data package to be sent. Requests for a MI Level IV data package will entail an additional 25% surcharge. Allow an additional 1 - 2 weeks after the Standard Report is completed for the Level IV data package to be sent. EDD formats different from the standard MI EDD will entail a 5% surcharge. Please inquire to find out the availability of the EDD being requested. If you need an example of these formats, please contact an MI representative. Expiration This quote expires in 60 days from the quote date. Please contact an MI Representative for the updated pricing. Page 3 of 3 Sent Via Email only Lance.Lumbard@woodplc.com August 10, 2020 Lance Lumbard, Senior Scientist II Wood PLC 550 North Lake Boulevard, Suite 1000 Altamonte Springs, FL 32701 Reference: OC Continuing Water Quality Professional Services Orange Contract No.: Y20-906-C Mr. Lumbard: MSE Group, LLC is pleased to present this rate package in accordance with the email request received August 6, 2020 for the Continuing Water Quality Professional Services for Orange County Contract Y20-906-C. Per the request the following items are being submitted: 1. Billable Rates & Multiplier signed by an officer of the company as Attachment A. 2. Directs costs that may be incurred by MSE under this contract as Attachment B. We look forward to assisting you with this project. Should you have any questions, please contact me at 407-629-8180 or jevans@msegroup.com. Regards, MSE Group, LLC r' f= Je(�nifer Evans Controller Cc. Maurice Pearson, MSE Program Manager 555€3 south Semoran Blvd. Orlando, FL 32822 MSEOroup.com Texas - Florida - North Carolina - Kentucky - Tennessee Attachment A Billable Rates Om Allultiplier CONTINUING WATER QUALITY PROFESSIONAL SERVICES CONTRACT #Y20-906 MSE Group, LLC Billable Rates and Multiplier Position Category Base Rate Multiplier Billable Rate Principal $ 73.32 2.91 $ 213.58 Program Manager/Associate $ 62.50 2.91 $ 182.06 Senior Engineer/Scientist $ 39.90 2.91 $ 116.23 Project Engineer/Scientist $ 34.17 2.91 $ 99.54 Staff Engineer/Scientist $ 24.52 2.91 $ 71.43 Sr. Technician $ 20.43 2.91 $ 59.51 CADD Designer/Drafter $ 26.44 2.91 $ 77.02 Administration/Clerical $ 18.51 2.91 $ 53.92 In the most recent reporting period, which consisted of 01/01/19-12/31/19 of the year 2019, MSE Group, LLC had the following multipliers, which are submitted to Orange County to be used on this Contract (See attached Overhead Analysis Statement). General Overhead Rate Fringe Benefit Rate Fringe +General Overhead Rate Sal ary+Fringe+General Overhead Rate Profit Margin (12%) Overall Multiplier MAX ALLOWABLE MULTIPLIER 100.64% 59.44% 160.08% 260.08% 31.2% 291.29% 2.99 This is to certify that the above salary information is accurate as of 07/31/2020. Under penalty of perjury, I declare tht I have read the foregoing and the facts stated in it are ture. False statmens may result in criminal prosecution for a felony of the thrid degree as provided for in Section 92.525(3), Florida Statutes. Maurice L. Pearson, Vice President 7/31/2020 Name of Company Officer, Title Date Signature 5-858 South Seaaaoa'an Blvd. Oriando, FL 32822 MSFGrotap.corn Texas a Florida a North Carolina o Kentucky a Tennessee Attachrnent B Diret rosts CONTINUING WATER QUALITY PROFESSIONAL SERVICES CONTRACT #Y20-906 MSE Group, LLC Out of Pocket Expenses VEHICLES Day Week CREW VEHICLE $ 130.00 NA MILEAGE -per mile $ 0.60 NA POLARIS SIDE BYSIDE/4-WHEELER $ 165.00 $ 425.00 14' TRACKER JON BOAT $ 100.00 $ 250.00 16' ALUMACRAFT W/ MOTOR $ 200.00 $ 500.00 22' MAVERICK W/ OUTBOARD MOTOR $ 700.00 $1,750.00 BOBCAT COMPACT EXCAVATOR $ 275.00 $ 687.50 BOBCAT COMPACT TRACK LOADER $ 325.00 $ 812.50 CONCRETE MIXER $ 35.00 $ 87.50 7TON HAULTRAILER $ 50.00 $ 12S.00 STON HAULTRAILER $ 35.00 $ 87.50 MOBILIZATION / DEMOBILIZATION - Based on availability and location TBD NA ANCILLARY EQUIPMENT Day Week STANDARD TOOLSET (8'ladder, cords, hand tools, LOTO, etc.) $ 100.00 $ 250.00 POWER TOOL SET (saws, drills, lights, etc.) $ 125.00 $ 312.50 DECON KIT (pressure washer, gloves, rags, detergent, etc.) $ 200.00 $ 500.00 PRESSURE WASHERS (3,000 PSI) $ 150.00 $ 375.00 GROUND MATS (each) $ 10.00 $ 25.00 AIRLESS PAINTSPRAYER $ 115.00 $ 287.50 GENERATOR 5000 WATT $ 85.00 $ 212.50 WET/DRY or DRUM VACUUM $ 25.00 $ 62.50 HEPA VACUUM $ 125.00 $ 312.50 PERSONNEL PROTECTION EQUIPMENT (PPE) - per person / day LEVEL D (hard hat, work gloves, safety glasses, boots, safety fluids) $ 30.00 NA LEVEL C(level D+full face respirator) $ 45.00 NA MISCELLANEOUS EQUIPMENT/EXPENDABLES RESPIRATOR CARTRIDGES (Mercury or Organic/HEPA) - per pair $ 50.00 NA RESPIRATOR CARTRIDGES (OVAG, HEPA P100, acid/gas, or ammonia) -per pair $ 30.00 NA RESPIRATOR CARTRIDGES (multi -gas) - per pair $ 75.00 NA TYVEK TYCHEM QC (hoods and boots) - each $ 14.00 NA RAIN SUIT- each $ 35.00 NA ACI D SPLASH SUIT or TYKEK SEALED SEAM SUITES - each $ 75.00 NA ANSELL NEOPRENE GLOVES (heavy duty) - per pair $ 30.00 NA PVC COATED GLOVES - per pair $ 10.00 NA VITON GLOVES - per pair $ 125.00 NA VACUUM HEPA FILTERS - perfilter/ day $ 300.00 NA CALIBRATION GAS KIT (Isobutylene) - per day $ 20.00 NA 5858 South 5emoran Blvd. Orlando, FL, 32822 IVISEGroup.com Texas ® Florida • North Carolina . Kentucky a Tennessee SAMPLING/TESTING/EQUIPMENT OVA PI METER- (multi rae 3000) OVA FID METER- (photovac microFID) MULTIGAS/PID COMBO METER YSI 63 PH/CONDUCTIVITY/TEMP METER TURBIDITY METER OIL/WATER INTERFACE PROBE RADIATION METER (Vicoreen) RAIN GAUGE FLOW METER AUTOSAMPLERS/SOLAR CELL RENTAL PORTABLE FLOW METER GROUNDWATER LEVEL METER GROUNDWATER SAMPLING KIT (pump, battery, tubing, multi -meters) SOIL SAMPLING KIT (augers, bowls, jars, decon equipment) TRI MBLE GE07X W/ TERRASYNC AND RANGEFINDER Day Week $ 105.00 $ 262.50 $ 120.00 $ 300.00 $ 140.00 $ 350.00 $ 35.00 $ 87.50 $ 25.00 $ 62.50 $ 50.00 $ 125.00 $ 125.00 $ 312.50 $ 10.00 $ 25.00 $ 25.00 $ 62.50 $ 35.00 $ 87.50 $ 25.00 $ 62.50 $ 50.00 $ 125.00 $ 350.00 $ 875.00 $ 45.00 $ 112.50 $ 150.00 $ 375.00 5858 South Semoran Blvd. Orlando, FL 32822 NISEGroup.com Texas a Florida . North Carolina < Kentucky o Tennessee thern tories, Inc. July 2020 Laboratory Rates Client: Wood Orange County Y20-906 Continuing Water Quality Laboratory Analysis All quotes are based on 7-10 business day turn -around Test Parameters Aqueous Non -Aqueous Antimony $12.00 $12.00 Arsenic $12.00 $12.00 Barium $12.00 $12.00 Beryllium $12.00 $12.00 Cadmium $12.00 $12.00 Chromium $12.00 $12.00 Chromium, Hexavalent 24hr Hold time $35.00 NA Copper $12.00 $12.00 Lead $12.00 $12.00 Mercury $30.00 $35.00 Mercury Low Level Mercury H , Water 1631 $125.00 NA Nickel $12.00 $12.00 Selenium $12.00 $12.00 Silver $12.00 $12.00 Thallium $12.00 $12.00 Zinc $12.00 $12.00 RCRA 8 Metals AS,Ba,Cd,Cr,Pb,H ,Se,A $110.00 $115.00 Micron Filters 1.0 Micron Groundwater Filter each $25.00 NA Volatile Organic Aromatics VOAs by GCMS $50.00 $50.00 Volatile Organic Halocarbons VOHs by GCMS $65.00 $65.00 VOAsNOHs by GCMS $85.00 $85.00 Volatile Organic Compounds VOCs by GCMS $100,00 $100.00 1,4- Dioxane Heated purge by 8260 SIM $125.00 NA Semi -Volatile Organic Compounds SVOCs by GCMS $250.00 $250.00 Pol nuclear Aromatic Hydrocarbons PAH-SIM by GCMS $100.00 $100.00 Total Petroleum Hydrocarbons (TPH) $85.00 $85.00 EDB 1,2-Dibromoethane 8260SIIM $50.00 $50.00 Oil and Grease 1664 $100.00 NA Or anochlorine Pesticides 8081 $125.00 $125.00 PCBs 8082 $90.00 $90.00 Or ano hos horus Pesticides 8141 $150.00 $150.00 Chloro henox Herbicides 8151 $175.00 $175.00 2251 Lynx Lane, Suite 1 Orlando, Florida 32804 (407) 522-7100 Test Parameters Aqueous Non -Aqueous Alkalinity $25.00 NA Ammonia, Nitrogen $20.00 NA BOD5 Short hold Time $50.00 NA Chloro h II -A $100.00 NA Chloride $20.00 NA COD $30.00 NA Coliform, Fecal Short hold Time $50.00 NA Coliform, Total Short hold Time $35.00 NA Color Short hold Time $20.00 NA Hardness, Total $40.00 NA Moisture Content NA $15.00 Nitrate NO3 Short hold Time $25.00 NA Nitrite NO2 Short hold Time $25.00 NA Nitrate/Nitrite NOX $30.00 NA Nitrogen, Total $55.00 $65.00 Nitrogen, Organic Dissolved $65.00 NA Organic Content NA $40.00 H Short hold Time $15.00 $20.00 Phosphorus, Ortho OP Short hold Time $20.00 $25.00 Phosphorus, Total TP $25.00 $35.00 Total Kjeldahl Nitrogen TKN $30.00 $40.00 Total Solids TS NA $20.00 Total Dissolved Solids (TIDS) $20.00 NA Total Suspended Solids/Non-Filterable Residue (TSS) $15.00 NA Turbidity Short hold Time $20.00 NA Sediment Bulk Density NA $65.00 Sediment Density NA $65.00 Specific Conductivity $15.00 NA Sulfate, $30.00 $30.00 Volatile Solids NA $30.00 TCLP Extraction 1311 NA $65.00 SPLP Extraction 1312 NA $65.00 SPLP 25g Encore (ZHE SPLP Encore Sampler) NA $18.00 AIR Volatile Organic Aromatics in Air by GCMS w/TLPH (EPA- 18) Collected in Tedlar bag (3 day holding time) Preferred No Friday samples $100.00 NA Extra Tedlar Bags $15.00 NA ® Assuming Organic Content is equivalent to TOC. 2251 Lynx Lane, Suite 1 Orlando, Florida 32804 (407) 522-7100 If applicable, Scheduled Rushes are as follows 1 day 100%, 2 day 75% and 3 day 50% Short Hold tinges (24-48 hold times) should be delivered to the laboratory Monday -Thursday. Sampling kits are provided, we will deliver locally or ship UPS or Federal Express ground. 2251 Lynx Lane, Suite 1 Orlando, Florida 32804 (407) 522-7100 EXHIBIT "C" ORANGE COUNTY TRAVEL AND SUBSISTENCE POLICY AND ALLOWANCES 1. Reimbursement for air fare shall be based on coach rates. First class rates will only be approved if the County required an expeditious action and coach rates were unavailable. 2. Maximum mileage allowance will be 44,5 cents per mile, Local mileage not allowed, 3. Car rental reimbursement shall be for compact cars, up to two occupants, and intermediate cars for over two occupants. The CONSULTANT shall attempt to obtain the lowest rates available. 4. Reimbursement for lodging shall be $80,00 per diem or the actual expenses for lodging at a single room rate at a "non -resort" type hotel located in the vicinity of the COUNTY'S administrative offices. 5. Meals shall be reimbursed as follows: A. Breakfast $ 6.00 B. Lunch $11.00 C. Dinner $19.00 Reimbursement for mealy shall not apply to local employees of the CONSULTANT. 6. Other necessary identifiable travel expenses such as tolls, parking, taxis, etc., shall also be reimbursed. All of the above expenses shall be supported by a source document, such as a receipt or invoice, with the employee's name, project name, and brief explanation. These should be reconciled to the monthly invoice. NOTE: THE COST OR EXPENSE FOR MEALS, VEHICLE MILEAGE, TOLLS, PARKING OR TAXIS, IF INCURRED WITHIN ORANGE COUNTY, SHALL NOT BE ELIGIBLE FOR REIMBURSEMENT. REV:9/06 APRIL 14,2020 REQUEST PROPOSALS 1 . 1 . CONTINUING WATERPROFESSIONAL 4DDEWSWA 11 This Addendum is hereby incorporated into the documents of the project referenced above. The following items are clarifications, corrections, additions, deletions, and/or revisions to and shall take precedence over the original documents. A. NOTICE: THIS SOLICITATION AND ALL ASSOCIATED DOCUMENTATION HAS BEEN MOVED TO A NEW WEBSITE: 1. Please visit the following link to access this Request for Proposals, opportunities are listed by number and title. 2. For all future updates please monitor the above website or subscribe to updates within the Negometrix platform. B. THE DEADLINE FOR RESPONDING TO THIS REQUEST FOR PROPOSALS IS CHANGED TO TUESDAY, APRIL 28, 2020 AT 5:OOPM EST. 1. Firms are strongly encouraged to submit responses to this Request for Proposals electronically. 2. Firms will not be permitted to fax or email offers. To maintain a secured sealed process electronic submissions shall be made through the Negometrix platform. C. A PUBLIC OPENING OF ALL RESPONSES TO THIS REQUEST FOR PROPOSALS WILL BE HELD ON WEDNESDAY, APRIL 29, 2020 AT 9:OOAM EST. 1. Firms will be able to attend the public opening virtually, see the following instructions: Visit: https://ocfl.webex.com/o125b 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 4/14/2020 Page 1 of 2 Addendum No. 7 CA: RM 2. For a list of all procurement public meeting notices visit the following link: http:I/a_p�s.acfl.net/Orangel3idslProcurement/defauit.as� This is a formal solicitation, in whole or in part, for construction or repairs on a public building or public work. In accordance with Florida Statute 255.0518 bid responses will be opened in a public meeting. In an effort to help promote social distancing measures during the COVID-19 Public Health Emergency, the bid opening will also be accessible by means of telephonic and video conferencing. The County will only open bid/proposal responses received prior to the due date and time, and will use the WebEx online meeting platform during the opening. Interested parties may participate using their computer video and computer audio, or by telephone using one of the call -in numbers provided. D. ACKNOWLEDGEMENT OF ADDENDA Y20-906, Continuing Water Quality Professional Services 1. The firm shall acknowledge receipt of this addendum by completing that applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned no later than the deadline for responding indicated above. 2. All other terms and conditions of the Request for Proposals remain the same. 3. Receipt acknowledged by: Authorized Signature Date Title Name of Firm 4/14/2020 Page 2 of 2 Addendum No. 7 CA: RM March 26, 2020 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO. 6 / RFP Y20-906-RM CONTINUING WATER QUALITY PROFESSIONAL SERVICES RFP OPENING DATE: APRIL 21, 2020 This Addendum is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. A. Questions & Answers: 1) Question: Related to Form J. It is noted in the RFP document in Section 22a on page 4 that "The Ordinance also addresses minority/women group employment levels setting goals to encourage each Proposer to maintain 18% minority and 6% women employee work force levels in specific categories." Could you clarify which of the employment types categories under the WORKFORCE column on Form J are considered when determining compliance with the 18% minority and 6% women employee work force level? Response: The employment types categories under the WORKFORCE column on Form J which are considered when determining compliance with the 18% minority and 6% women employee work force level are as follows: Officials, Managers, and Supervisors, Professional, Technicians, Apprentice and Interns/Co-Ops. All of these employment types are designated by an asterisk (*) on Form J. 2) Questions: Under the third paragraph of Section 40. Similar Projects, on page 16, the RFP states "Proposers shall submit a total of five Similar Projects." Can you clarify whether the PM and PE together need to submit a total of five projects, or do the PM and PE each need to submit five projects, for a total of 10 projects? Response: Five Projects by the PM and Five Projects by the PE separately, they can submit the same project if they worked on it together. 3) Questions: It is unlikely that many non -incumbents will have all six mandatory elements listed in Project Type A within one project. In order to prevent a significant number of non -incumbent respondents from scoring zero on Project Type A, would Orange County consider giving partial credit if a project contains less than the six mandatory elements? For example, rather than requiring a respondent to have all 6 items to get'/ point, would Orange County consider giving 50% credit, if the respondent has 3 of the 6 mandatory elements? Response: Please see the Revised Project Type A: Assessments PROJECT TYPE A: Assessments Project Description: The goal of assessment projects is to evaluate current water quality and hydrologic conditions and then identify and rank conceptual structural and non-structural water quality improvement Best Management Practice (BMP) projects to restore or maintain water quality. These recommended concepts may feed into the Feasibility Study phase. The consultant shall also specify the duration of the project by providing project start and end dates. ■7i�7T�7I3�ilr■3�-■JiTI�\i11L • vMINOR I _ March 26, 2020 Addendum #6 Page 1 of 2 Y20-906-RM TYPE A PROJECT ELEMENTS To be considered for one point the Type A project must contain at least three (3) of the principal elements one U through six U plus at least three'(3) of the remaining additional elements. To be considered for half of a point a project must contain at least three (3) of the principal elements one 1 through six (6).Projects not containing at least three (3) of the principal elements one 1) through six (6) will not be considered for any points. Mandatory Elements 1. Surface Water Monitoring 2. Inflow Pollutant Load Quantification: using site -specific monitoring data, describe methods 3. Groundwater Seepage/Recharge Pollutant Load Quantification: using site -specific monitoring data 4. Watershed and sub -basin delineation: describe methodology 5. Bathymetry and quantification of unconsolidated sediment volume 6. Modeling: Runoff modeling/hydrologic budget (including per sub -basin), pollutant load modeling/pollutant budget (including per sub -basin), include description including model methods if models were created or names if publicly -available models were used. Additional Elements for Project Type A: 7. Generate and Meet Project Schedule: agreed to schedule with client and completed project within allotted timeframe 8. Sediment Pollutant Load Estimation/Sediment Pollutant Flux Evaluation: 9. Ranking of recommended BMPs based on pollutant reduction efficiency, and/or cost per pound — describe criteria utilized 10. Real-time monitoring 11. If the recommendations were implemented, provide metrics (e.g. removal efficiencies, costs per pound of removal, etc.) describing the degree of success in achieving the goal of the recommendation B. 1. The Proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of proposal. 2. All other terms, conditions and specifications remain the same. Receipt acknowledged by: Authorized Signature Title Date Signed March 26, 2020 Addendum #6 Page 2 of 2 Y20-906-RM March 19, 2020 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO. 5 / RFP Y20-906-RM CONTINUING WATER QUALITY PROFESSIONAL SERVICES RFP OPENING DATE: APRIL 21, 2020 This Addendum is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. B. Questions & Answers: 1) Question: Addendum 4 revised the RFP Opening date from March 24, 2020 to April 21, 2020. It did not revise the deadline for asking questions, which is currently set as March 13, 2020, based on Addendum 1. Should this deadline for questions have been extended? Thank you. Response: Question deadline has been extended to 3/30/2020. C. 1. The Proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of proposal. 2. All other terms, conditions and specifications remain the same. Receipt acknowledged by: Authorized Signature Date Signed Title March 19, 2020 Addendum #5 Page 1 of 1 Y20-906-RM March 18, 2020 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO. 4 / RFP Y20-906-RM CONTINUING WATER QUALITY PROFESSIONAL SERVICES REVISED RFP OPENING DATE: APRIL 21, 2020 This Addendum is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. A. The Revised RFP Opening Date changes from March 24, 20 to April 21, 2020 at 2:00 PM B. Questions & Answers: 1) Question: As part of the M/WBE 27% utilization goal, are there minimum goals for minority -owned business enterprises (MBEs) and women -owned business enterprises to make up the overall 27%? Response: No, there are not minimum goals for minority -owned business enterprises (MBEs) and women -owned business enterprises to make up the overall 27%. The total M/WBE utilization goal is 27%. 2) Question: If so, do proposers need to allocate sub consultants who are minority/women-owned business enterprises (M/WBE) as either MBE or WBE for scoring purposes? Response: No, proposers do not need to allocate sub consultants who are minority/women-owned business enterprises (M/WBE) as either MBE or WBE for scoring purposes. C. 1. The Proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of proposal. 2. All other terms, conditions and specifications remain the same. Receipt acknowledged by: Authorized Signature Date Signed Title March 18, 2020 Addendum #4 Page 1 of 1 Y20-906-RM March 13, 2020 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO. 3 / RFP Y20-906-RM CONTINUING WATER QUALITY PROFESSIONAL SERVICES RFP OPENING DATE: MARCH 24, 2020 This Addendum is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. A. Questions & Answers: 1) Question: What is the anticipated spend on this contract annually? Response: The expected annual contract amount is $2 million total, which would be assigned among the three selected firms. 2) Question: Several of our employees commute to our Orlando office for work daily but reside outside of Orange County. Will domicile location of the PM or PE count towards the location points or will the office location alone account for the points assigned? Response: The office location is what counts for the location points as per Form C. 3) Question: Addendum 2 appears to make allowance for the project engineer to be employed by a company other than the prime consultant. In that event, please advise on how Form B — Project Team can be completed since the Project Engineer is listed under the Prime Consultant part of the form. Response: Fill out form B as is, the information required of the Project Engineer is needed for evaluation whether they are part of the Prime Consultant or Sub -Consultant. 4) Question: On Form B, please clarify if "City of Residence" is intended to be the City of the individual's home address or business address. Response: Form B City of Residence is intended for the individual's home address. 5) Question: On Form C pages 2 and 3, please clarify what is meant by "domicile" of the Project Manager and Project Engineer. In this regard, does domicile refer to the home address of the individual or the business address? Response: Form C-2 & C-3 refer to Project Manager and Project Engineer home residence. 6) Question: Can the names, titles, and departments of the RFP selection committee be provided. Response: No. There is a blackout period in effect, please refer to page 7 of the solicitation. March 13, 2020 Addendum #3 Page 1 of 2 Y20-906-RM B. 1. The Proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of proposal. 2. All other terms, conditions and specifications remain the same. Receipt acknowledged by: Authorized Signature Title Date Signed March 13, 2020 Addendum #3 Page 2 of 2 Y20-906-RM March 6, 2020 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO. 21 RFP Y20-906-RM CONTINUING WATER QUALITY PROFESSIONAL SERVICES RFP OPENING DATE: MARCH 24, 2020 This Addendum is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. A. Questions & Answers:: 1) Question: How many consultants is the County anticipating to select under this RFP? Response: The County anticipates selection of three consultants under this RFP. 2) Question: Per page 13 of the RFP, section 36 Key Personnel, would the County consider revising this section by allowing the Project Engineer to be employed by the Prime Consultant's teaming partner (i.e., employed by a subconsultant of the Prime Consultant). Response: Please see the changes to Key Personnel below. 25. KEY PERSONNEL The Project Manager and the Project Engineer must be two different individuals. The Project Manager must be currently employed by the Prime Consultant. The Protect Engineer must be a Professional Engineer registered in the State of Florida. B. 1. The Proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of proposal. 2. All other terms, conditions and specifications remain the same. Receipt acknowledged by: Authorized Signature Title Date Signed March 6, 2020 Addendum #2 Y20-906-RM Page 1 of 1 February 25, 2020 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO. 1 / RFP Y20-906 CONTINUING WATER QUALITY PROFESSIONAL SERVICES RFP OPENING DATE: MARCH 24,202 This Addendum is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. A. Questions & Answers:: 1) Question: The deadline for questions on page 3 of the RFP is listed as 4:00 PM on February 25, 2020, which is one day after the RFP was issued. This question period is shorter than typical Orange County RFPs. Is this question deadline period accurate? Response: The revised deadline for questions is March 13, 2020 by 4:00 PM 2) Question: The RFP references Exhibit A - but there is no Exhibit A to download. Will Exhibit A be posted at a later date or provided at the non -mandatory pre -bid? Response: Please see Exhibit A attached below. B. 1. The Proposer shall acknowledge receipt of this addendum by completing the applicable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form of acknowledgement must be completed and returned not later than the date and time for receipt of proposal. 2. All other terms, conditions and specifications remain the same. Receipt acknowledged by: Authorized Signature Date Signed Title February 25, 2020 Addendum 1 Page 1 of 12 Y20-906-RM Y20-906-RM CONTINUING WATER QUALITY PROFESSIONAL SERVICES EXHIBIT A Scope of Services PART I GENERAL INFORMATION BACKGROUND: As a result of changes in land use, pollutant loads delivered to water bodies have demonstrably and continually increased. Orange County Environmental Protection Division (Division) will utilize these services for Total Maximum Daily Load (TMDL) and National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4) Permit regulatory program compliance, management of waterbodies with MSTUs or MSBUs, and protection of Orange County's water resources. The Division will utilize data and conclusions originating from these services to develop and recommend non-structural Best Management Practices (BMPs), such as ordinances, policies, and programs, and structural BMP projects to the Board of County Commissioners (BCC). B SCOPE: The Scope of Services herein includes professional services to implement water quality projects throughout Orange County. Services may include but are not limited to the following project phases: • Assessments: The goal of the assessment report is to evaluate current water quality and hydrologic conditions and then identify and rank conceptual structural and non-structural water quality improvement BMP projects to restore or maintain water quality. These recommended concepts may feed into the Feasibility Study phase. • Feasibility studies: Evaluate constructability, feasibility, and cost effectiveness of BMP projects and provide all necessary information to proceed to design and construction. Data gaps remaining from the assessment phase may require monitoring, modeling, survey, geological studies, and/or ecological studies. Refined project layouts, pollutant reductions, and costs shall be developed. Feasibility may include assembling, submitting, and tracking environmental resource or other project -specific permits, property acquisition, defining easement requirements, input from adjacent land owners/HOA, operation and maintenance, wetland mitigation, ecological impacts, and potential flooding. • Performance monitoring: Monitoring of water quality parameters, velocity and discharge, mass removal, and/or other parameters of interest associated with BMP projects or adjacent waterbodies in order to evaluate performance from an upstream/downstream or waterbody perspective. February 25, 2020 Addendum 1 Page 2 of 12 Y20-906-RM 6 Technical support projects: These projects may include some or all tasks included in an assessment, feasibility study, and/or performance monitoring project applied to the full or partial watershed. They may also include technical tasks associated with, but not directly required by the other project types or support of regulatory programs or design and construction projects. In order to assemble scientifically sound and defensible data, sample collection and analysis shall be performed in accordance with Florida Department of Environmental Protection Standard Operating Procedures per Chapter 62-160 of the Florida Administrative Code (FAC), or other documented methods generally accepted by the scientific community. Analytical laboratory services shall be provided for samples collected from various environmental matrices at a frequency as needed to appropriately characterize watershed and / or sources of nutrient loading behavior in the assessment area. Sub- contracted laboratories shall hold a National Environmental Laboratory Accreditation Certification (NELAC) and be certified for the applicable methods. In addition, the contracted laboratory shall provide quality assurance/quality control information including, but not limited to: matrix spike concentrations, method detection limits, practical quantifiable limits, duplicate reproducibility, the results from equipment blank testing, in conformance with NELAC standard operating and reporting procedures and Chapter 62-160, FAC. PART II WORK REQUIREMENTS The professional services described herein are not intended to consist of all services required on any single project. In general, the actual scope of services for any individual project will be dependent on the nature of the project, the project status with regard to available data and analyses, and the project phases and work tasks that the County determines to contract. 1. Assessment Services: The final product of the assessment phase is a report, which documents the existing conditions within the study area, contains hydrologic and nutrient pollutant budgets that describe sources and sinks of water and pollutants within the study area, uses previously accepted models, contains basin -specific data, and produces a list of potential best management projects intended to remove or mitigate pollutant loads within the study area. The list shall rank the BMPs by the cost per pound removed of total phosphorous (TP), total nitrogen (TN), total suspended sediment (TSS), or other pollutant of concern as identified during the assessment process. Descriptions of the BMPs shall include conceptual layouts that the County may move to the Feasibility phase. Potential tasks, submittals, and meetings might include some or all of the following: February 25, 2020 Addendum 1 Page 3 of 12 Y20-906-RM A. Kickoff Meeting: Project kickoff meetings are held prior to the commencement of the project. The intent of the kickoff meeting is to review known data sources, identify data gaps, review the negotiated scope of work for the project, establish and/or modify a proposed project timeline, and discuss the project to a fuller extent. B. Review of Existing Data: Procurement, review, and analysis of relevant prior studies and available data sources. Evaluation of previous analyses, areas where updated analyses may be necessary, data gap analyses, data collection methods, and data modeling. Reports, plans, calculations, permits, historical hydrologic / meteorological records as well as stormwater infrastructure and other GIS feature layers (soils, land use, wetlands, hydrography, aerial photography) relevant to characterizing the study area. C. Field ReconnaissanceNerification of Existing Data: Perform office and field inspections to compare original model drainage conditions to present day field conditions. D. Delineate Watershed and Sub -Basin Topography: Generate / revise available digital elevation models (DEMs), LIDAR elevations, or other sources of topography in the study area using compiled data. Delineate major and sub - watershed drainage boundaries. E. Bathymetric Survey for Total Depth and Soft Sediment Depth: estimation of lake water and muck volumes F. Field Data Collection and Analysis: may occur in, but not be limited to, the water column, sediment column, stormwater, adjacent lands, wetlands or other environmental matrices and locations as required to characterize the fate and transport of pollutant loads within the water body and surrounding watershed. The consultant shall provide photographs and narrative survey of field conditions during sampling events. dissolved oxygen profiles and / or other water quality parameters (e.g., pH, conductivity, turbidity, temperature, oxidation-reduction potentials, etc.) in the water column or sediment, nutrient and / or pollutant concentrations in sediments. Analytical laboratory services shall be provided for samples collected with various environmental matrices at a frequency as required to accomplish and appropriately characterize locations identified in the project. Laboratory shall be NELAC certified for applicable methods and provide quality assurance / quality control information including, but not limited to: matrix spike concentrations, method detection limits, practical quantifiable limits, duplicate reproducibility, the results from equipment blank testing, in conformance with NELAC standard operating and reporting procedures and Chapter 62-160, Florida Administrative Code. 1) Surface Water Monitoring: profiles of field meter parameters from water surface to total depth at defined depth intervals, collection of surface and/or deep water quality analytical samples. episodic seasonal turnover, and identification of stratification if present 2) Stormwater Runoff Monitoring: event grab or autosampler collection of February 25, 2020 Addendum 1 Page 4 of 12 Y20-906-RM water quality samples and/or velocity and discharge monitoring 3) Groundwater Monitoring: seepage, recharge, well or other water sources within the waterbody or the watershed 4) Sediment Monitoring: speciation of nutrient pollutants, internal recycling/flux analysis 5) Biological Monitoring: Analysis of impacts of pollutants to the existing flora and fauna, using generally accepted methodologies (Lake Vegetation Index, Stream Condition Index, or other generally accepted biological -integrity methods as established by professional societies), inhabiting the watershed or waterbody. G. Hydrologic Budget: identify hydrologic sources and sinks, which may include, but are not limited to: direct precipitation and evaporation, stormwater runoff, groundwater seepage and recharge, inflows and outflows, and drainwells. Characterization of the hydraulic flow regime shall include, but not be limited to, calculated water residence times for each lake or water body, identification of periods of peak and minimum hydraulic flows. H. Nutrient/Pollutant Budget: establish pollutant sources and sinks and allocate the loads among the sources and sinks, identify unquantified loads and estimate their impact on the overall budget. Pollutant sources will include, but are not limited to surface water runoff, septic systems, internal cycling of nutrients within sediment/water interface, groundwater seepage/recharge, uncontrollable sources, and background sources. Water Quality Model: Run-off coefficients based on the present and projected land use. Soil type/hydrologic group and cover. Establish the fate, transport, and partitioning of pollutant loads within the watershed, forecast changes in pollutant loading commensurate with proposed changes in land use, and estimate pollutant load reductions due to BMP projects. J. Interim and Final Meetings: 1) County staff - consultant provides interim updates on project progress, discussion of specific tasks in order to review interim data and / or provide feedback. 2) Stakeholder - consultant provides interim updates or final summary of project for stakeholder groups, which may include, but are not limited to: Homeowner's Associations; Lake Advisory Boards; local citizen groups; environmental organizations; builders and developers; 3) BCC - consultant provides interim updates or final summary of project for the Board of County Commissioners, Mayor, County Administrator, and/or interested Commissioner. Note that Board of County Commissioner meetings are open to public attendance and participation. February 25, 2020 Addendum 1 Page 5 of 12 Y20-906-RM K. Identify and Conceptualize potential Structural and Non-structural BMPs: conceptual layout of potential projects, conceptual cost estimates and pollutant reduction efficiencies, ranking based on these parameters and implementability. Conceptual cost estimate should include design, land acquisition/relocation and easement needs, permitting, construction and construction management, and operation and maintenance. Analyses of stormwater improvement projects (BMPs), including but not limited to: possible locations, recommended pollution abatement systems at specific locations, pollutant load reductions in pounds (Ibs) per year, pollutant removal costs in dollars per pound removed, recommended use of Best Management Practices and provide engineering cost estimate for design and construction. This should include the quantity and quality of existing wetlands in the basin and recommendations for planned mitigation or avoidance of impacts, the objective being to preserve, and if possible, enhance the ecosystem. Assess maintenance and erosion and sedimentation issues related to the study area. Alternatives should evaluated and ranked on the following factors: probable costs (including land acquisition, capital cost, etc.); anticipated ecological impacts; expected water quality impacts (surface and ground water); implementation considerations (practicality); social acceptability; expected reliability; estimates of probable operation and maintenance costs; permitting feasibility; and anticipated flood mitigation L. Draft and Final Reports: Mapping services to include, but not be limited to, creating and analyzing isocontours or isopleths of nutrients and / or pollutant concentrations or other pertinent water quality data on aerials, isocontours of lake bottoms to illustrate the sources of those nutrients and / or pollutants within the water body. Consultant shall also provide copies of all GIS and supporting files used to generate figures in a useable format or geodatabase. Please note the horizontal and vertical datum used in map projections shall be the same datum currently in use by Orange County, Florida (viz, NAVD88). Notifications and deliverables: Project progress updates will be provided in a format and at a frequency as directed by the EPD project manager. Frequency may be variable depending on the current project activity level. Consultant will provide written notification (email acceptable) of field activities prior to staff or subcontractor work onsite. Timeframes for these notifications will be determined during preparation of the Scope of Services supporting preparation of each Purchase Request. Field and lab deliverables and schedule updates will be provided monthly to provide support for invoicing purposes. Field deliverables may include: field notebook pages and sampling forms (PDF), photos (PDF, jpeg, tif), raw data files and/or supporting calculation files for field measurements (excel, .csv or delimited format, as applicable), and calibration documentation (PDF). Laboratory analytical deliverables may include: quality assurance/quality control (QA/QC) documentation and reporting limits. Draft and Final Reports will be submitted as a complete PDF document accompanied by Models (ICPR4, Bathtub, HSPF, or appropriate), GIS Data (ArcMap 10.2 or February 25, 2020 Addendum 1 Page 6 of 12 Y20-906-RM appropriate), calculations/spreadsheets (excel). Reports shall include, but not be limited to, an analysis of historic and current data characterizing water quality. Reports will include information from pertinent, peer -reviewed literature with citation(s), digital copies of spreadsheets used during analyses, field data forms, copies of instrument pre- and post -calibration reports, chain -of -custody forms, analytical laboratory reports, copies of field notebooks, all GIS files used for mapping and analysis, input and output files from modeling analyses, as appendices. Reports shall be delivered as a draft and a final within the timeframes specified in the cost proposal and agreed upon scope of work. Consultant shall provide one (1) hard copy of the report and supporting documentation and one (1) digital copy, preferably PDF, of the final report or deliverable and supporting documentation prior to payment of final invoice. 2. Feasibility Studies: The goal of the Feasibility Study is typically a report, which provides all information needed to proceed with the engineering/design of the project. The report will summarize the findings of the Assessment Report, and provide: results of any additional data collection to fill identified gaps; required surveys; refined models, pollutant reduction estimates and costing; and potential constructability, permitting, and flooding issues. Consultant shall perform evaluations of BMPs as required by EPD. These evaluations shall include a detailed review of engineering and biological BMPs in order to determine their usefulness and appropriateness to water body nutrient and / or pollutant mitigation management requirements. Evaluations shall include but not be limited to, literature reviews, design reviews, establishing nutrient and / or pollutant removal efficiencies, cost of BMP operation and maintenance and size of BMP carbon footprint identifying alternative energy sources. The final product of this phase of work is typically a report, which establishes the design objectives and design concept for the next phase of work. Design criteria shall be established, as will be a preliminary estimate of cost and the project design, permitting and construction schedule. Right-of-way and easement acquisition requirements shall be preliminarily identified. Any necessary regulatory variances shall be identified and investigated. The overall project feasibility and anticipated effectiveness shall be clearly established. Public information meetings shall be held, public input taken and, where appropriate, modifications made to the conceptual plan. Potential required tasks, submittals and meetings might include some or all of the following: A. Kickoff Meeting: Identification of existing data sources and review of project plan and schedule. B. Review Existing Data and Identification of Data Gaps: Procurement, review and analysis of relevant prior analysis and studies. Evaluation of previous February 25, 2020 Addendum 1 Page 7 of 12 Y20-906-RM analysis, and where added detail is necessary, new analysis, data gathering and modeling. This work shall lead to either agreement or adoption of the prior conclusions, or development of alternative conclusions and/or a recommendation or project conceptual design. Review past flooding complaints and rules, regulations, ordinances and laws (local, state, federal) pertinent to the study area. Generate / revise digital elevation model (DEM) of watershed area using compiled data. C. Supplemental Field Tasks: may include Field Data Collection and Analysis as described under Assessment Services to address data gaps or to provide a current dataset after significant time lapse or change in conditions within the watershed. This may include additional data collection, sampling, installation of monitoring equipment. D. Surveys and Studies: Topographic Survey, Survey of Existing Structures, Geotechnical Study, Ecological Survey and other field investigations. E. ICPR Hydologic & Hydraulic Model Updates: evaluation of potential impacts of proposed projects to the watershed, including upstream flooding, land use change impacts, or other inputs that may affect a proposed pollutant removal project. F. BMP Perm itab i lity/Constructabil ity: All necessary permits, assessments and land use approval requirements shall be identified. Necessary submittal requirements and deadlines should be identified and the proper sequence of processing established. Processing time should be estimated. Evaluation of environmental conditions and constraints affecting the project should be identified. Pre -application meetings with applicable regulatory agencies and Water Management District should also be included. permitting requirements / costs, right-of-way needs / costs, construction costs, G. Preliminary Design and Costing: Schematic representation of design and supporting analysis documentation, Conceptual cost estimate, including design, land acquisition/relocation and easement needs, permitting, construction and construction management. H. Meetings: Prepare project brochures, administer mailing invitations, provide meeting presentation materials, hold public information meetings for the project and submit post -public meeting input when applicable. Modify the conceptual design as necessary and agree on a project's conceptual design, purpose and effectiveness based on the information developed during this phase. I. Report: Generate a project report, technical memorandum, or design memorandum summarizing data collection and evaluation, providing . 3. Performance Monitoring: The final product of this project phase is typically a report, which establishes empirical pollutant loads and pollutant reduction estimates for specific BMP projects. This may February 25, 2020 Addendum 1 Page 8 of 12 Y20-906-RM be utilized to support grant requirements, BMAP reporting of pollutant reductions, and/or evaluation or support of generalized reduction efficiencies estimated for a type of BMP. Potential required tasks, submittals and meetings might include some or all of the following: A. Kickoff Meeting: Identification of existing data sources and review of project plan and schedule. B. Review Existing Data: Determine gaps in data that are necessary for evaluation of pollutant loads and placement of appropriate BMPs. C. Field Tasks: collection of analytical samples for analysis of pollutants. estimation of influent and effluent loads, mass reduction of pollutant and pollutant removal efficiency, estimate of cost per pound of pollutant and cost per pound of pollutant per acre of watershed served. D. Analysis of data: Report findings of analytical results and impact on proposed pollutant load reduction BMPs. 4. Technical Support Services: The final product of this project phase varies, but will typically include summary report, data compilation, or technical memo with or without recommendations and conclusions. Potential required tasks, submittals and meetings might include some or all of the following: A. Kickoff Meeting: Identification of existing data sources and review of project plan and schedule. B. Review Existing Data and Identification of Data Gaps C. Supplemental Field Tasks D. Construction Services: Full or part time construction inspection services when requested. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings, or other information furnished by the County, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project E. Services necessary to obtain operating permits, development and design of discharge monitoring plans and preparation of operating and staffing manuals, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. F. Partial or supplemental environmental assessments: performance of some or February 25, 2020 Addendum 1 Page 9 of 12 Y20-906-RM all of the assessment tasks for a full or partial watershed. May include, but is not limited to, sampling, modeling, pollutant load estimation identification of pollutant load reduction project options. G. Wetland delineations, restoration evaluations, mitigation plans, and dredge and fill permits, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. H. Furnishing services of other independent professional or technical associates in such fields as biological assessment and forestry. I. Preparations for applications and supporting documents for grants. J. Provide services to fulfill permit conditions of the County's NPDES (National Pollutant Discharge Elimination System) MS4 Permit. K. Peer review services: Peer review services to evaluate the accuracy and validity of reports, prior analyses, geodatabases and/or computer simulations provided to or by the County, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. This includes post -project reviews to identify best practices and lessons learned. L. Professional stormwater engineering services; to include the review and analysis of various BMP designs (including new and innovative technologies); defend recommendations in legal proceedings, if needed; and identify pollutant loads and conduct source allocations within the various subbasin watersheds. M. Services resulting from significant changes in the general scope, extent or character of an individual project or its design including, but not limited to, changes in size, revising previously accepted studies, reports, designs documents of contract documents when such revisions are required by changes in laws, codes, rules, regulations, policies, or orders enacted subsequent to the preparation of such documents. N. The project may also include the review and analysis of data used to designate a water body as impaired, O. Total Maximum Daily Load (TMDL) program services: necessary services to fulfill the conditions and requirements to comply with the Florida Department of Environmental Protection (FDEP) TMDL program. Analyzing adopted or proposed TMDLs, P. providing general support within a Basin Management Action Plan (BMAP) area Q. Pollutant load analysis: use of regulatory and/or industry standard software models to provide source allocations of nutrients and / or pollutants of interest. February 25, 2020 Addendum 1 Page 10 of 12 Y20-906-RM Please note that software models must be approved for use with the appropriate regulatory agency or be utilized as an industry standard. R. Assistance in connection with bid protests arising from technical specifications, re -bidding or re -negotiating contracts for construction, materials, equipment, or services. S. Property acquisition support: Providing property surveys, related to engineering, appraisal and real estate services needed in connection with acquiring needed interests in real property for the County. T. Preparing to serve or serving as a consultant or witness for the County in litigation, arbitration or other legal or administrative proceeding, when such services are not required as a part of the project development phase, design and permitting phase or the construction services phase of a project. U. Performing constructability reviews of project plans in order to minimize construction change orders. V. Database development related to projects. W. Field surveys and data collection in support of roadway, drainage, and mowing activities. X. Project scheduling and project budget tracking services. Y. Project management services. Z. Services such as inspection of roadway and drainage infrastructure maintenance activities. Evaluation of current level of service the existing infrastructure AA. Manual preparation for projects and division operations. Operation and maintenance BB. Preparation of presentations, figures and exhibits for projects and public meetings. CC. GIS related services for the implementation of Stormwater projects or programs, and other miscellaneous activities such as a stormwater website. DD. Floodplain management services including delineation of the floodplain, letter of map revision (LOMR) services (review and approval), GIS work for FEMA floodplain layer, and repetitive loss properties. EE. Services related to FEMA's Community Rating System series 100 through 700. Services to include, but not limited to; Public Information, Mapping & Regulations, Flood Damage Reduction, and Warning & Response. FF.Services necessary to review, revise, and approve change to Orange County Ordinances and Codes to meet Federal or State requirements. February 25, 2020 Addendum 1 Page 11 of 12 Y20-906-RM GG. Services related to drainage wells including retrofitting, replacement, and analysis of drainwell systems. This also includes continuous simulation analysis and evaluation of drainwells for the purpose of permitting, regulatory approvals needed, and water use master planning. HH. Services related to the evaluation of pump stations and major control structures, and retrofit recommendations. This also includes drawdown analysis and evaluation of drainwells for the purpose of permitting, regulatory approvals needed, and water use master planning. II. Services related to surface feature failures (e.g., washouts, sinkholes and pavement failures) and retrofit recommendations. JJ. Services related to sandbar removal, canal bank protection, pond restoration, and sediment/erosion control including survey, evaluation, final design, permitting and construction. KK. Services related to stormwater service rate analysis, determination and codification. LL. Low impact and sustainable design: Services related to low impact development (LID), green infrastructure (GI) engineering, sustainability and resiliency design for stormwater systems. February 25, 2020 Addendum 1 Page 12 of 12 Y20-906-RM ISSUE DATE: February 24, 2020 1►[01IN: IJ to] MIA aZe77el'f_1'? FOR CONTINUING WATER QUALITY PROFESSIONAL SERVICES .06 . Orange County, Florida, is accepting sealed Proposals to be received NO LATER THAN 2.00 P.M. (local time) on March 24, 2020, for CONTINUING WATER QUALITY PROFESSIONAL SERVICES. A Non -Mandatory Pre -Proposal Conference will be held March 4, 2020, at 1:00 P.M., at the Environmental Protection Division, Panther Conference Room, 3165 McCrory Place, Suite 200, Orlando, FL 32803. Interested Proposers are encouraged to attend. Proposals will be accepted at: Orange County Procurement Division Internal Operations Centre II 400 East South Street, Second Floor Orlando, Florida 32801 (407) 836-5635 Copies of the Request for Proposals may be obtained from the Orange County Procurement Division at the above address. Copies may also be requested by phone (407) 836-5635. NOTE: This Request for Proposals is available for downloading from the internet at orangecountyfl. net. Carrie Mathes, MPA, CFCM, CPPO, C.P.M. Manager, Procurement Division NOTICE TO PROPOSERS To ensure that your Proposal is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response. Your point -of -contact for this solicitation is Rolando Melo at (407) 836-5644. You may contact Rolando Melo at any time during this process, including during the black out period. RFP # Y20-906-RM TABLE OF CONTENTS NOTICE PAGE PURPOSE 1 INSTRUCTION TO PROPOSERS 1 TERMS AND CONDITIONS 4 MINORITY/WOMEN OWNED BUSINESS ENTERPRISE 5 SHORTLISTS, PROTESTS AND LOBBYING 7 ETHICS COMPLIANCE 8 PUBLIC ENTITY CRIME STATEMENT (FS 287.133) 9 SUBCONSULTANTS 9 BONUS POINTS FOR HIRING OF DISLOCATED WORKERS 10 BONUS POINTS FOR HIRING RESGISTERED 10 SERVICE -DISABLED VETERANS (SDV) CONTRACT AWARD CRITERIA 13 KEY PERSONNEL 13 REFERENCE CHECKS 13 VERIFICATION OF EMPLOYMENT STATUS 14 WEIGHTED CRITERIA 15 SIMILAR PROJECTS 16 EXPERIENCE OF PROJECT TEAM 20 VOLUME OF WORK 21 ORAL PRESENTATIONS 22 PROCEDURES AFTER RECEIPT OF PROPOSALS 22 COST AND PRICING DATA 22 SUPPORTING DOCUMENTATION 23 DEBRIEFING OF PROPOSERS 23 PROPRIETARY INFORMATION 24 DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS/ REQUIREMENTS/STATEMENTS OF WORK 24 EXHIBIT A SCOPE OF SERVICES CONTRACT PROPOSER INFORMATION FORM A PROJECT TEAM FORM B LOCATION FORM C SIMILAR PROJECTS (PROJECT MANAGER) FORM D SIMILAR PROJECTS (PROJECT ENGINEER) FORM E SKILLS & EXPERIENCE OF PROJECT TEAM FORM F NOT USED FORM G PROJECT SCOPE, APPROACH & UNDERSTANDING FORM H CONFLICT/NON-CONFLICT OF INTEREST STATEMENT FORM I EQUAL OPPORTUNITY WORKFORCE SCHEDULE FORM J JOINT VENTURE INFORMATION FORM K DRUG -FREE WORKPLACE FORM FORM L LETTER OF INTENT FORM M SPECIFIC PROJECT EXPENDITURE REPORT FORM N RELATIONSHIP DISCLOSURE FORM FORM 0 E-VERIFICATION CERTIFICATION FORM P DISPLACED WORKERS FORM WR SAMPLE INSURANCE FORMS REQUEST FOR PROPOSALS FOR CONTINUING WATER QUALITY PROFESSIONAL SERVICES RFP # Y20-906-RM Orange County, Florida, is soliciting Proposals to provide CONTINUING WATER QUALITY PROFESSIONAL SERVICES. I,[11"k 1L4-1101-ki 3t71c • a00:11 1. Firms or companies desiring to provide services, as described herein, shall submit one (1) Proposal (clearly marked), nine (9) copies (a total of 10 Proposals) and one (1) electronic copy on a USB drive for document management purposes not later than 2:00 P.M. local time, March 24, 2020, to: Orange County Procurement Division Internal Operations Centre II 400 E. South Street, 2nd Floor Orlando, Florida 32801 If your response contains any information deemed confidential, in accordance with Chapter 119 of the Florida Statutes, provide an additional USB drive with a redacted version of your response labeled REDACTED. Electronic copy shall be in Microsoft Word or Adobe — the most recent software version. Respondents are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your Proposal is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the specified address. A Non -Mandatory Pre -Proposal conference will be conducted on March 4, 2020, 1:00 P.M. at Environmental Protection Division, Panther Conference Room, 3165 McCrory Place, Suite 200, Orlando, FL 32803. All interested parties are urged to attend. 2. The time and date for receipt of Proposals will be scrupulously observed. The County shall not be responsible for late deliveries or mail delays. The time/date stamp clock in the Procurement Division shall serve as the official authority to determine lateness of the Proposal. 3. The decision to refuse to consider a bid or 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). 4. Proposals received after the specified time and date shall be returned unopened. The decision to refuse to consider a bid or 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). All Proposals will be opened publicly and the names of all Proposers shall be read aloud. 1 5. Proposers must submit ONLY the attached forms, lettered A through P, in the same order as presented herein. Failure to submit all forms may result in disqualification of your Proposal. However, failure to submit forms B, C, D, E, F, H and J may negatively impact the evaluation of the Proposal. This shall also apply to Form K if the Proposer is submitting as a Joint Venture. The County shall not be responsible for re -calculation or interpretations of information provided on any form. NOTE: These forms are periodically edited. Proposers must use the forms as they appear herein for this project. Form G is not used. 6. 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. 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. Do not use a cover or binder. Use one (1) staple in UPPER left-hand corner only. 9. With respect to Forms D, E, F and H, no sideways printing on pages will be permitted. Also with respect to Forms D, E, F and H, print must be no smaller than 12 point when using a computer, or must be 10 pitch when using a typewriter. 10. Faxed Proposals shall be rejected as non -responsive, regardless of where the fax is received. 11. Proposers must indicate on their Proposal envelope the following: Request for Proposals Number Y20-906-RM Date of Opening - March 24, 2020 Name of Proposer Return Address of the Proposer 12. 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. 13. Questions concerning this Request for Proposals must be directed to Rolando Melo, Contracting Agent, email Rolando. eloocfl.net. Any Proposer who initiates any discussions with staff in any manner other than that described above is subject to disqualification from this procurement. 14. 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://araps.ocfl.net/OranggBids/Procurement/default.asp. Also, an email notice of the Procurement Committee meeting will be sent to all proposers. K, 15. Technical concerns/questions shall be submitted in writing, no later than 4:00 P.M. on February 25, 2020 to: Rolando Melo, Contracting Agent Procurement Division 400 E. South Street, 2nd Floor Orlando, Florida 32801 Rolando. Melo(c-)ocfl.net You may contact Rolando Mello at any time during this process, including during the black out period. 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. 17. DRUG FREE WORKPLACE The Drug Free Workplace Form (Form L) is attached and shall be completed and submitted with your proposal. 18. DRAFT CONTRACT The contract that the County intends to use for award is enclosed for reference. Any exceptions to this standard contract must be clearly indicated by return of the standard contract with the Proposal, with exceptions clearly noted. The County has the right to require the selected Proposer to sign the attached contract or to negotiate revisions to the contract language prior to execution of the contract, at its discretion. 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. 20. 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. 3 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. a. Proposers must address how they intend to comply with the Orange County M/WBE Ordinance, No. 94-02 and amended by Ordinance No. 2009-21. The goal of certified minority/women business enterprise is 27% of the contract value for this project. The Ordinance also addresses minority/women group employment levels setting goals to encourage each Proposer to maintain 18% minority and 6% women employee workforce levels in specific categories. b. All participating MMBE firms must be currently certified by Orange 4 County. The Business Development Division's most recent M/WBE directory is available by e-mail or through the Orange County web site at OrangeCountyfl.net. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola Counties) are eligible for Orange County certification. All firms must be Orange County certified at time of submittal of the Proposal and must be certified in the area(s) for which they will be used. If a firm claims to be certified, but is not listed in the Directory the Proposer should obtain a copy of their Orange County Certificate and/or contact the Business Development Division at (407) 836-7317 for verification of certification. C. The County has a graduate program whereby M/WBE firms designated as graduates can participate in the M/WBE program only on specified projects. All professional service solicitations for which the County has estimated the overall contractual fees to be awarded to the prime in excess of $500,000 are eligible for graduate M/WBE participation. The prime consultant will receive full M/WBE credit for the use of graduate M/WBE's that meet all other requirements. The contract solicited through this RFP is estimated to be valued over $500,000 and therefore, graduate M/WBE's are eligible to participate. It is the proposing firm's responsibility to ensure that graduate M/WBE's are not listed in proposals to meet M/WBE participation requirements on projects in which they are not eligible to participate. d. Proposers must submit signed Letter of Intent (Form M-1) with their Proposal for all current Orange County certified M/WBE sub -consultants identified on Form B. These Letters of Intent must indicate the scope of work to be performed by every M/WBE plus the percentage of the overall contract value for all years of the contract to be contracted to the listed sub -consultant. Letters of Intent must be signed by both the Proposer and the M/WBE sub -consultant. The Consultant must include in the subcontract agreement: 1. Whereas the prime consultant is being paid in accordance with the Local Government Prompt Payment Act, consultant shall incorporate a 72-hour prompt payment assurance provision and payment schedule in all sub -consultant agreements between the prime and sub -consultants. Note: The County reserves the right to verify that all sub - consultants are being paid within 72 hours of the County's remittance to the prime consultant. 2. The following statement: "It is the M/WBE's responsibility to submit the required quarterly M/WBE utilization reports to the prime and E e final MWWBE Payment Verification Form to the Business Development Division denoting the percentage of the overall contract fees". 3. Notwithstanding any termination provisions in this Sub -consultant Agreement, the Prime Consultant shall not terminate this Sub - consultant Agreement without prior written authorization of the Orange County Business Development Division Manager, nor shall the Prime Consultant amend this Sub -consultant Agreement, or reduce the Scope of Work or monetary value awarded under this Sub -consultant Agreement, without prior written authorization of the Orange County Business Development Manager. The awarded prime consultant's responsibilities and requirements are itemized below: (1) File copies of all executed sub -consultant agreementicontracts between the prime and all M/WBE sub -consultants on the project to Orange County Business Development Division one time for the duration of the contract. (2) The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to each sub -consultant utilized by the prime consultant on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the prime consultant prior to the issuance of final payment. (3) The sub -consultant agreement shall include: (a) the percentage of the overall contract value to be sub -contracted; and (b) the dollar amount based on the percentage of the contract value to be sub- contracted (if available at time of sub -consultant agreement). (4) The prime consultant shall submit an updated quarterly MWBE utilization report, Equal Opportunity Workforce Schedule and MWWBE payment verification forms for all professional service contracts. It is the responsibility of the Prime Consultant to submit the payment verification forms with the referenced reports. The required reports are to be submitted to the Business Development Division no later than the fifth day after end of reporting period. Payment applications, task authorizations and contract renewals may be delayed if these reports are not submitted every quarter in a timely manner until completion of project indicating final report. Failure of the MWWBE to comply with the submittal of the payment verification forms to the Prime consultant could negatively affect their re -certification. (5) Notwithstanding any termination provisions in this Sub -consultant 0 Agreement, the Prime Consultant shall not terminate this Sub - consultant Agreement without prior written authorization of the Orange County Business Development Division Manager, nor shall the Prime Consultant amend this Sub -consultant Agreement, or reduce the Scope of Work or monetary value awarded under this Sub -consultant Agreement, without prior written authorization of the Orange County Business Development Manager. (6) Upon execution of any renewal or extension to this contract, the Prime Contactor shall execute renewals with all approved specified sub -contractors for the full duration of the contract. All sub -contract agreements shall be contingent upon the term (whether terminated, renewed, or extended) of the Prime's contract with the County. (7) The prime consultant shall expeditiously advise all M/WBE's and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the M/WBE firm on their team. Execution of the contract between Orange County and the Proposer shall be contingent upon the filing of executed contracts between the Proposer and the M/WBE subs listed on Form B and included on Form M-1 with the Business Development Division. 25. SHORTLISTS, PROTESTS AND LOBBYING: The recommended short list of firms, ranked highest to lowest, will be posted for review by interested parties at the Procurement Division and at http://a s.ocf1.net/OrangeBids/AwardsRec/defauit.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: htt :// nr.oran eq countyfl.net/VendorServicesNendorProtestProcedures.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: httiD://www.orain ecountyfl.net/OpenOovernment/LobbingAtOran�unt px 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. 26, ETHICS COMPLIANCE I 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. 27. JOINT VENTURES Joint venture firms must complete and submit with their Proposal the form titled "Information for Determining Joint Venture Eligibility", (Form K) and a copy of the formal agreement between all joint venture parties. This joint venture agreement must indicate the parties' respective roles, responsibilities and levels of participation for the project. If proposing as a Joint Venture, the Joint Venture shall obtain and maintain all contractually required insurance in the name of the Joint Venture as required by the Contract. Individual insurance in the name of the parties to the Joint venture will not be accepted. Failure to timely submit a completed Form K along with an attached written copy of the joint venture agreement may result in disqualification of your Proposal. 28. Conflict/Non-Conflict of Interest and Litigation Statement shall be completed and signed. Additional requested information shall be attached, if applicable. 29. PUBLIC ENTITY CRIME STATEMENT (FS 287.133) A person or affiliate who has been placed on the convicted vendor list following a 8 conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, consultant or subconsultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida State Statutes Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 30. SUBCONSULTANTS Proposers shall list all proposed subconsultants to be used, regardless of racial or gender grouping. Include names, addresses, phone numbers, type of work subcontracted (discipline, trade or commodity), proposed percentage of work, and the M/WBE or Majority designation (M/WBE or Non-M/WBE). Form B is provided for this information. Proposers are expressly prohibited from substituting subconsultants projected to perform five percent (5%) or more of the overall work as stated in the written Proposal. Such substitution, for any reason, after opening of the Proposal, and prior to award by the County, shall result in disqualification of the Proposal from further consideration for award, except in extraordinary circumstances. Examples of such circumstances are the subconsultants' firm going out of business; death of the owner of the firm; or the inability of the subconsultant to perform the work specified. Should such an occurrence arise, it must be substantiated, and the subconsultant substitution approved, by the County prior to contact execution. Requests for substitution of subconsultants who are cumulatively scheduled to perform less than five percent (5%) of the over-all scope of services may be considered o� 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. 31. Failure of any Proposer to comply with the INSTRUCTIONS TO PROPOSERS and TERMS AND CONDITIONS of this Request for Proposal, unless specifically identified as a mandatory requirement by the word "shall", may render the Proposal non -responsive and ineligible from further consideration. 32. 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. 0 For the breach or violation of this provision, the County shall have the right to terminate the Contract at its sole discretion, without liability and to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. Proposers may be awarded a maximum of five (5) bonus points for a commitment to hire dislocated workers residing in Orange County, Florida as full-time employees for the duration of the contract.. One point will be awarded for each new full-time hire up to and including a maximum of five (5) points. To be eligible for bonus points, Proposers must complete Form WR- Section I (attached) listing the number of dislocated workers to be hired full-time and submit with the Proposal. Bonus points shall only be awarded once for any one individual hired. Individuals hired may be employed in any position within the firm but must be hired on a full-time basis. Within five (5) days after the contract award, the Proposer shall contact the Business Development Division Liaison at (407) 836-5484 to assist with meeting this requirement. The failure of the consultant to comply with these hiring commitments after contract award shall be grounds for termination of the contract for default. During performance of the contract, the Consultant will take appropriate steps to ensure that individuals hired under this program are retained. However, if it becomes necessary to replace an employee, the Consultant shall contact the BDD Liaison. At its discretion, the County may periodically request submission of certified payrolls to confirm the employment status of program participants. 34. BONUS POINTS FOR HIRING REGISTERED SERVICE -DISABLED VETERANS Additional point consideration will be available for those proposing to hire registered service -disabled veteran business enterprises. Proposers will receive the following point allocation: A. Registered service -disabled veteran business enterprise proposers competing as a prime Consultant shall receive five (5) points; B. Registered service -disabled veteran business enterprise proposers with registered service -disabled veteran business enterprise sub -consultants on their team shall receive two points for each sub -consultant up to a maximum of ten (10) points; C. Proposers with registered service -disabled veteran business enterprise sub - consultants on their team shall receive two points for each sub -consultant up to a maximum of ten (10) points. D. All SDV firms must be Orange County registered at the time of submittal of 10 the proposal and must be registered in the area(s) for which they will be used. If a firm claims to be registered, but is not listed on the County's website, ocfl.net, the Proposer should obtain a copy of their Orange County registration and/or contact the Business Development Division at 407-836-7317 for verification of registration. Only firms having established offices in the Orlando MSA (Orange, Lake, Seminole and Osceola counties) are eligible for Orange County registration. E. Proposers shall submit signed Letters of Intent (Form M-2) with their proposal for all current Orange County registered sub -consultants identified on Form B. These letters of Intent must indicate the scope of work to be performed by every registered SDV plus the percentage of the overall contract fees to be contracted to the listed sub -consultant. Letters of Intent must be signed by both the Proposer and the SDV subconsultant. F. The Consultant's responsibilities and requirements are itemized below: 1. Incorporate a 72-hour prompt payment assurance provision and payment schedule in all contracts between the prime and sub - Consultants. 2. File copies of all executed sub -consultant agreement/contracts between the prime and all SDV sub -consultants on the project to Orange County Business Development Division. 3. The Consultant shall furnish written documentation evidencing actual dollars paid to each sub -consultant utilized by the prime Consultant on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the prime Consultant prior to the issuance of final payment. 4. The Consultant shall submit an updated quarterly SDV utilization report and the "Equal Opportunity Workforce Schedule" report for all professional service contracts. The required reports are to be submitted to the Business Development Division no later than the fifth day after end of reporting period. 5. The Consultant shall not substitute, replace or terminate any SDV firm without prior written authorization of the Business Development Division, nor shall the Consultant reduce the scope of work or monetary value of a sub -consultant without written authorization of the Business Development Division. 6. The Consultant shall expeditiously advise all SDV's and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts 11 issued to the SDV firm(s) on their team. Execution of the contract between Orange County and the Proposer shall be contingent upon the filing of executed contracts between the Proposer and the SDV subs listed on Form B and included on Form M-2. Proposers are expressly prohibited from substituting sub -consultants projected to perform five percent (5%) or more of the overall work as stated in the written Proposal. Such substitution, for any reason, after opening of the Proposal, and prior to award by the County, shall result in disqualification of the Proposal from further consideration for award, except in extraordinary circumstances. Examples of such circumstances are the sub -consultants' firm going out of business; death of the owner of the firm; or the inability of the sub -Consultant to perform the work specified. Should such an occurrence arise, it must be substantiated, and the sub- substitution approved, by the County prior to contact execution. Requests for substitution of sub -consultants who are cumulatively scheduled to perform less than five percent (5%) of the over-all scope of services may be considered onl prior to final scoring of Proposals by the Procurement Committee. Such requests for substitution must be in writing accompanied by a written withdrawal from the originally listed sub -consultant. Failure to comply with these requirements shall result in disqualification of the Proposal from further consideration for award. The Procurement Committee shall be the sole determinant regarding acceptance/rejection of requested substitutions. The proposer understands that this RFP does not constitute an agreement or contract with the Proposers. Any Proposers who submits a Proposal to the County with any information that is determined by the County, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration. When considering two (2) or more proposals, or replies for the procurement of commodities or contractual services, where at least one is from a registered service -disabled veteran business enterprise but which are otherwise equal with respect to all relevant considerations, including price, quality, and service, the Procurement Division Manager shall award such procurement or contract to the registered service -disabled veteran business enterprise. 12 If a registered SDV, entitled to the vendor preference and one (1) or more other M/WBE businesses also entitled to this preference, or another vendor preference provided by the Orange County Code, submits bids, proposals, or replies for the procurement of goods or services which are otherwise equal with respect to all relevant considerations, including price, quality and service, then the Procurement Division Manager will award the procurement or contract to the business having the smallest net worth. The Proposer shall contact the Business Development Division Liaison at 407- 836-8363 for any questions and/or concerns as it relates to Registered Service - Disabled Veterans. The County reserves the right to award one or more contracts for this service if this action is determined to be in its best interest. 36. KEY PERSONNE The Project Manager and the Project Engineer must be two different individuals. Both must be currently employed by the Prime Consultant. The Project Engineer must be a Professional Engineer registered in the State of Florida. 37. REFERENCE CHECKS The contact person listed as a reference shall be someone who has personal knowledge of the Proposer's performance during the referenced project. Contact persons must have been informed that they are being used as a reference and that the County may be calling or emailing them. More than one person can be listed but all must have knowledge of the project. DO NOT list principals or officers who will not be able to answer specific questions regarding the project. Failure of references listed to respond to the County's inquiries may negatively impact the rating of the Proposal. The reference shall be the owner or a representative of the owner. An owner's representative is defined as a firm or individual hired by the owner to oversee the design or construction oversight services performed by the prime consultant. Consultants or contractors who provided services under the referenced project (contract) shall not be accepted as references unless they were hired as the owner's representative for the referenced project (contract). 13 Prior to the employment of any person under this contract, the Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the contract term, and an express requirement that Consultants include in such subcontracts the requirement that subConsultants performing work or providing services pursuant to the state contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subConsultant during the contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at: htti)://www.uscis.qov/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 Consultant affirms that all employees in the above categories shall undergo e-verification before placement on this contract. The Consultant shall commit to comply with this requirement by completing the E-Verification certification, attached to this solicitation. 14 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) M/WBE Participation 15 (Form B, J, K, M) Location 10 (Form C) Volume of Work Previously Awarded by the County 5 Approach, Understanding, Scope Response 30 (Form H) TOTAL 100 Dislocated Worker Hires 5 Bonus Points Registered SDV SubConsultant Hires 10 Bonus Points Registered SDV Prime proposers 5 Bonus Points 15 "Similar Projects" for the purposes of this Request for Proposals has been defined as: A project successfully completed within the last fifteen (15) years which matches a Project Type, described in detail below, involving a waterbody. A waterbody is defined to include surface waters including: lakes, ponds, streams, natural impoundments, and only those canals and wetlands connected to larger waterbodies with the same normal high water elevation, or ordinary high water elevation. Isolated canals or isolated wetlands, by themselves, are not considered to meet the waterbody definition for this RFP. Proposers shall submit a total of five Similar Projects. The Project Manager and Project Engineer must each submit at least one similar project submitted for each Project Type A, B, C and D. The remaining project may represent any of the aforementioned project types. Under this similar project description, the project may have been performed under a specific contract. Also, a specific project (task authorization) performed under a continuing contract may be submitted. However, the continuing contract is not acceptable as a similar project. If a specific project (task authorization) is submitted to represent any similar project, all details on the similar project form shall be limited to the specific project (task authorization). All elements of a similar project shall be demonstrated within the specific project (task authorization) and not the continuing contract. Continuing contracts submitted as a similar project will receive a score of zero points. Task authorizations completed under a continuing contract may be submitted as a similar project. PROJECT TYPE A: Assessments Project Description: The goal of assessment projects is to evaluate current water quality and hydrologic conditions and then identify and rank conceptual structural and non-structural water quality improvement Best Management Practice (BMP) projects to restore or maintain water quality. These recommended concepts may feed into the Feasibility Study phase. The consultant shall also specify the duration of the project by providing project start and end dates. TYPE A PROJECT ELEMENTS To be considered for one point, the Type A project must contain required elements one (1) through six (6) plus at least three (3) of the remaining additional elements. To be considered for half of a point, a project must contain elements one (1) through six (6). Projects not containing mandatory elements one (1) through six (6) will not be considered for any points. 16 Mandatory Elements 1. Surface Water Monitoring 2. Inflow Pollutant Load Quantification: using site -specific monitoring data, describe methods 3. Groundwater Seepage/Recharge Pollutant Load Quantification: using site -specific monitoring data 4. Watershed and sub -basin delineation: describe methodology 5. Bathymetry and quantification of unconsolidated sediment volume 6. Modeling: Runoff modeling/hydrologic budget (including per sub - basin), pollutant load modeling/pollutant budget (including per sub - basin), include description including model methods if models were created or names if publicly -available models were used. Additional Elements for Project Type A: 7. Generate and Meet Project Schedule: agreed to schedule with client and completed project within allotted timeframe 8. Sediment Pollutant Load Estimation/Sediment Pollutant Flux Evaluation: 9. Ranking of recommended BMPs based on pollutant reduction efficiency, and/or cost per pound — describe criteria utilized 10. Real-time monitoring 11. If the recommendations were implemented, provide metrics (e.g. removal efficiencies, costs per pound of removal, etc.) describing the degree of success in achieving the goal of the recommendation PROJECT TYPE (B) Feasibility Studies: Project Description: Feasibility Study projects evaluate constructability, feasibility, and cost effectiveness of Best Management Practice (BMP) projects and provide all necessary information to proceed to design and construction. Data gaps remaining from the assessment phase may require monitoring, modeling, survey, geological studies, and/or ecological studies. Refined project layouts, pollutant reductions, and costs are developed. Feasibility may include assembling, submitting, and tracking environmental resource or other project -specific permits, property acquisition, defining easement requirements, input from adjacent land owners/HOA, operation and maintenance, wetland mitigation, ecological impacts, and potential flooding. TYPE B PROJECT ELEMENTS To be considered for one point, the Type B project must contain required elements one (1) through six (6) plus at least one (1) of the remaining additional element. To be considered for half of a point, the Type A project must contain elements one (1) through six (6). Projects not containing mandatory elements one (1) through six (6) will receive zero points. 17 Mandatory Elements 1. Topographic survey 2. Geotechnical evaluation 3. Ecological survey 4. Constructability evaluation: describe processes and results of evaluation of construction logistics including consideration of utilities and rights -of - way 5. Cost estimation and/or cost -benefit analysis, pollution reduction efficiency evaluation 6. Existing Infrastructure Conditions analysis, including processes and results of evaluation of potential flooding Additional Elements for Project Type B: 7. Operation and Maintenance (O&M): describe how O&M factored into the feasibility of the project 8. Wetland Mitigation: describe processes and results of evaluation 9. Modeling (e.g., spreadsheets, BATHTUB, HSPF, ICPR etc.): including the version of the model, if applicable. 10. If the recommendations were implemented, provide metrics (e.g. removal efficiencies, costs per pound of removal, etc.) describing the degree of success in achieving the goal of the recommendation. PROJECT TYPE (C) Performance Monitoring: Project Description: Monitoring of water quality parameters, velocity and discharge, mass removal, and/or other parameters of interest associated with Best Management Practice (BMP) projects or adjacent waterbodies in order to evaluate performance from an upstream/downstream or waterbody perspective. The final product of this project phase is typically a report, which establishes empirical pollutant loads and pollutant reduction estimates for specific BMP projects. This may be utilized to support grant requirements, Basin Management Action Plan (BMAP) program and/or National Pollutant Discharge Elimination System (NPDES) program reporting of pollutant reductions, and/or evaluation or support of generalized reduction efficiencies estimated for a type of BMP. TYPE C PROJECT ELEMENTS To be considered for one point, the Type C project must contain required elements one (1) and two (2) plus at least one (1) of the remaining additional element. To be considered for half of a point, the Type B project must contain elements one (1) and two (2). Projects not containing mandatory elements one (1) and two (2) will receive zero (0) points. : Mandatory Elements 1. Data: type of data collected, methods of collection, and reporting 2. Data Defensibility: Explain how the field data collection and Quality Assurance / Quality Control (QA/QC) processes ensure the integrity and legal defensibility of the resultant data. Describe whether collection methods utilized Florida Department of Environmental Protection (FDEP) Standard Operating Procedures for Field Activities (DEP-SOP-001/01) or generally accepted methods and procedures. Additional Elements for Project Type C: 3. If FDEP and generally accepted methods and procedures were not available, and innovative or non-standard methods were used, describe these methods in detail, why they were used to investigate the specific problem(s), and how the data is defensible. 4. Describe how the data were used to estimate pollutant load reductions, evaluate reduction efficiencies, or otherwise evaluate performance. Explain how the conclusions from the investigation were supported by the data and its analysis. PROJECT TYPE (D) Technical Support Projects: Project Description: Identify the purpose of the project and how it relates to the specific problem(s) under investigation. Describe the investigative approach intended to evaluate the problem(s) and the rationale for choosing the specific investigative approach(es). Provide a timeline of the project investigation activities including, but not limited to, submittal of interim project deliverables as well as the final project deliverable. TYPE D PROJECT ELEMENTS To be considered for one point, the Type D project must contain two (2) of the elements below. To be considered for half of a point, a project must contain one (1) element from below. Projects not containing at least one (1) element will receive zero (0) points. 1. Partial or supplemental environmental assessments: performance of some or all of the assessment tasks for a full or partial watershed. May include, but is not limited to, sampling, modeling, pollutant load estimation identification of pollutant load reduction project options. 2. Peer review services: evaluation of the accuracy and validity of reports, prior analyses, geodatabases and/or computer simulations provided to or by the client. This includes post -project reviews to identify best practices and lessons learned. 3. Total Maximum Daily Load (TMDL) and/or NPDES program services: necessary services to fulfill the conditions and requirements to comply with the Florida Department of Environmental Protection (FDEP) TMDL program. Analyzing adopted or proposed impairments, TMDLs, and 19 Basin Management Action Plans (BMAPs) and/or any associated data or modeling. Include RAPs, Alternative Restoration Plans. 4. Pollutant load analysis: use of regulatory or industry standard software models to provide source allocations of nutrients and / or pollutants of interest. Please note that software models must be approved for use with the appropriate regulatory agency or be utilized as an industry standard. 5. Low impact and sustainable design: Services related to low impact development (LID), green infrastructure (GI) engineering, sustainability and resiliency design for stormwater systems. Definitions: Project Manager: Defined as the 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. Project Engineer: Defined as the individual who assisted a Project Manager as the lead technical supervisor of project design activities as described in the similar project criteria. This position also serves as the point of contact for the client in the Project Manager's absence. The Project Engineer must be a registered professional engineer in the State of Florida The Proposer shall ensure that the basic description of the similar project, including all required performance requirements and/or dimensions are identified and that the elements are adequately explained in the text. The description shall document how the particular element was performed in conjunction with the overall project. The mere listing of elements without specific details in the body of the description will negatively impact the scoring for the project. Failure to identify the specific performance requirements and/or dimensions of the project to ensure it meets the similar project description shall negatively impact that project's score. Note: Determination of a project as similar shall be at the sole discretion of the County. 41. EXPERIENCE OF THE PROJECT TEAM It is the responsibility of the Proposer to verify sub consultants and/or other team member's satisfactory performance on previous Orange County projects. 42. VOLUME OF WORK The county shall evaluate information in its "Volume of Work" database to determine the Proposers' scores for the Volume of Work criteria. This information is available on-line at: httlumeofWorkReport.aspx This database includes only the award amounts specifically attributable to 20 the consultant, either as a prime or as a sub -consultant or as a member of a joint venture under previously awarded contracts, contract amendments, purchase orders, task authorizations, and change orders to those purchase orders and task authorizations. In the case of mergers between two or more firms or a parent subsidiary relationship the combined fee for all companies involved will be considered. Fees will be counted towards the Volume of Work at the time of award (not invoices paid). Total fees under negotiation are based on the budget amount for professional services. The end date for volume of work calculations is the date set for receipt of proposal. Volume of Work is calculated using the following formula: CONTRACT PERIOD TOTAL FEE AWARDED TO PRIME CONSULTANT FACTOR ADJUSTED FEE AMOUNT (1) From October 1, 2018 to April 1, 2020 $ X 1.0 = $ (2) First Year Past: 10/01/17- 9/30/18 $ X 0.75 = $ (3) Second Year Past: 10/01/16- 09/30/17 $ X 0.50 = $ (4) Third Year Past: 10/01/15-09/30/16 $ X 0.25 = $ (5) Total Fees Under Negotiation $ X 0.90 = $ TOTAL FEE CONSIDERED $ Proposers are cautioned that they are responsible for confirming the accuracy of their volume of work data prior to the time and date set for receipt of proposals. Points will be awarded as follows: Firms with no previous work with the County as a prime consultant or sub -consultant during the current fiscal year and previous fiscal years 5 Points Firms with adjusted fees of $1 through $2,000,000 4 Points Firms with adjusted fees of $2,000,001 through $3,000,000 3 Points Firms with adjusted fees of $3,000,001 through $4,000,000 2 Points Firms with adjusted fees of $4,000,001 through $5,000,000 1 Point Firms with adjusted fees exceeding $5,000,000 0 Points When a Joint Venture submits a proposal, the volume of work awarded by the County to each Joint Venture firm will be multiplied by the percentage of participation in the Joint Venture by that firm and those adjusted figures totaled to determine the total dollar amount to be used in the category. 21 At this time, oral presentations are not contemplated for this procurement. CI!�7 T0141MoIll0* _13NZI77x•7 1 • • - • 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 htto://aoos.ocfl.net/OranaeBids/AwardsRec/default.aso. C. Upon expiration of the period allowed for protests, the item will be scheduled for consideration at an upcoming Board of County Commissioners' meeting. If oral presentations are required, the short- listed firms will be notified of the presentation procedures and schedule. If oral presentations are not required, the short-list will be provided to the Board for discussion and approval. 45. COST AND PRICING DATA The County shall require the selected Consultant to provide any or all of the following documentation to support the negotiated fee Proposal as a condition precedent to the execution of the contract: A. A certified audited financial statement 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. 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. 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. Billable hourly rates for the Consultant developed by multiplying the raw labor rates by the breakeven multiplier. Breakeven multiplier includes direct and indirect labor, general administrative and overhead costs. D. The profit or operating margin must be clearly indicated. E. Schedule of reimbursable/out-of-pocket charges and or direct expenses to be utilized during the term of the contract. 22 F. 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. 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. If any costs for local travel are included, there must be compelling reasons for such costs that must be adequately supported with specific justification. 46. SUPPORTING DOCUMENTS The County shall require the selected Consultant to provide the following documentation to support the negotiated proposal: A. 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. B. 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. C. Valid insurance certificate(s) evidencing contractually required coverage. 47. 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. C. The significant weaknesses or deficiencies in the proposal in response to the requirements of the solicitation. d. If requested, an explanation of the score received for each evaluation criteria will be provided, including costs, if applicable. e. If applicable, a summary of the rationale for award. f. Responses to any relevant questions of the proposer. Untimely debriefing requests will also be considered. 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 23 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. 49. 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. 24 CONTRACT Y20-906 THIS CONTRACT made and entered into this day of 20 , by and between the: ORANGE COUNTY,FLORIDA 201 S. ROSALIND AVENUE ORLANDO, ORANGE COUNTY,FLORIDA a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and: FEDERAL I.D. #> hereinafter referred to as the CONSULTANT. RECITALS WHEREAS, the COUNTY desires to retain the services of the CONSULTANT to provide continuing engineering services, to be issued as Task Authorizations under individual Purchase Orders; and; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, 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; it is agreed by and between the parties hereto as follows: The CONSULTANT shall, diligently and timely, perform professional engineering services as described in Exhibit A - Scope of Professional Services, entitled, "CONTINUING WATER QUALITY PROFESSIONAL SERVICES " which is attached hereto and made a part hereof by reference. As the COUNTY generates individual projects, a detailed scope of work will be prepared for each project and furnished to the CONSULTANT. Upon receipt of the scope of services, the CONSULTANT will submit a cost Proposal to the COUNTY with the following: a. Position classification, total hours, hourly rate and extended total amount. b. Subcontracted services including information in "a" above c. Performance period for the services d. Out-of-pocket expenses Proposal shall be submitted within fifteen (15) days after receipt of written request for proposal. 1 This Contract is a continuing Contract as defined in Section 287.055 (2) (g), Florida Statutes. Task Authorizations to be performed by the CONSULTANT under this Contract shall be approved and authorized by the COUNTY in writing by issuance of County approved Purchase Orders, pursuant to the CONSULTANT'S Proposal and fee, whether or not modified by negotiation. The CONSULTANT'S authority to proceed with the specified scope of work will be either the County approved Purchase Orders or a County issued written Notice to Proceed to be determined by the County Project Manager. 7IVA-1h ZIW1 The COUNTY will pay to the CONSULTANT for duly authorized services performed by the CONSULTANT and accepted by the County as follows: A. FEES: For services performed under Article I, a firm fixed fee (lump sum) will be agreed upon prior to commencement of services; or, if a firm fixed fee cannot be determined, a not -to -exceed maximum dollar amount will be agreed upon; however, in either case, the fee shall be calculated in accordance with the hourly rate schedule identified as Exhibit B, which is attached and made a part of this Contract. B. PAYMENT: The COUNTY shall pay the CONSULTANT in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Payment will be due and payable monthly in proportion to the percentage of work approved and accepted 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. PAYMENT IN EVENT OF TERMINATION BY COUNTY: In the event this Contract is terminated or canceled prior to completion of any project in progress, payment shall be made in accordance with the provisions of Article IX. D. CHANGES WITHIN SCOPE; ALLOWANCE OF ADDITIONAL COMPENSATION: If instructed to do so by the COUNTY, the CONSULTANT shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the CONSULTANT, the CONSULTANT may be entitled to additional compensation. In all disputes arising over the right to additional compensation, PA the COUNTY shall be the party to determine whether substantial acceptable work has been done on documents such that changes, revisions or preparation of additional documents will result in additional compensation to the CONSULTANT. The additional compensation shall be computed by the CONSULTANT on a revised fee quotation Proposal that must be submitted to the COUNTY for prior approval. The fee shall be agreed upon before commencement of any additional work and shall be incorporated by Change Order to the corresponding Purchase Order issued against this Contract. E. SUBCONSULTANTS: The CONSULTANT shall, upon requiring the services of various sub -consultants, be responsible for the integration of all sub - consultants' work into the documents and for all payments to such sub - consultants out of the lump sum fee agreed to. Services rendered by the CONSULTANT in connection with the coordination of any such sub -consultants or other personnel services shall be considered within the scope of the basic contract and no additional fee will be due the CONSULTANT for such work. F. TRAVEL AND PER DIEM: Travel and per diem charges shall not exceed the limits as set forth in Section 112.061 Florida Statutes, as set forth in Exhibit C, which is attached to this Contract. G. COMPENSATION: The CONSULTANT'S compensation shall be established and authorized for each Task Authorization on the basis of the CONSULTANT'S personnel hourly billable rates and related allowable costs as set forth in the basic Contract. The CONSULTANT'S personnel hourly billable rates and multiplier shall remain in effect and unchanged during the duration of the Contract and any extensions thereto, except as provided by Article II, paragraph I, Price Adjustment. Compensation for any authorized cost that is not set forth in the basic Contract shall be negotiated prior to issuance of the Task Authorization and shall be supported by the appropriate cost and pricing data. 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: 1. Prime Consultant Multiplier 2. Sub -Consultants Multiplier 3 Written request for a price adjustment may be made only under the following conditions: If a project specific contract's performance period exceeds three years a price adjustment may be requested not more than 60 days after the end of the three year period and for each annual period thereafter or for the remaining period of the contract if less than one year. ii. For continuing contracts with a performance period that exceeds three years, an adjustment may be requested not more than 60 days after the end of three years. iii Retroactive requests for price adjustments will not be considered. The provisions of this clause shall not apply to contracts with fees based on ranges. Retroactive requests for price adjustments will not be considered. Any request for a price adjustment will be subject to negotiation and must be approved by the Manager, Procurement Division. Any request for such increase shall be supported by adequate justification to include Consumer Price Index (CPI) documentation. The CPI documentation shall be based on the All Items, CPI-U, U.S. City Average, not seasonally adjusted index. The prevailing CPI in the month when the contract was executed by the County shall be the base period from which changes in the CPI will be measured for the initial request for a price adjustment. Any subsequent requests for a price adjustment shall be based on the CPI prevailing in the month when an amendment affecting a previous price adjustment was executed by the County. The maximum allowable increase shall not exceed the percent change in the CPI from the base period (either the month when the contract was executed by the County or the month when an amendment effecting a price adjustment was executed by the County) to the CPI prevailing at time of request for a price adjustment and in no case shall it exceed 4%. Any price adjustment shall only be effective upon the execution of a written amendment to the contract executed by both parties. 4 The following provisions are applicable to contracts for design services: A. The CONSULTANT shall accomplish the design services under this Contract, when applicable, so as to permit the award of a contract (using standard Orange County procedures for the construction of the facilities) at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or Proposals for the construction contract are received that exceed the estimated price, the CONSULTANT shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this Contract. However, the CONSULTANT shall not be required to perform such additional services at no cost to the COUNTY, if the unfavorable bids or Proposals results from conditions beyond the CONSULTANT'S reasonable control. The COUNTY shall exercise reasonable commercial judgment in making the controlling determination as to whether such conditions are within the reasonable control of the CONSULTANT. B. The CONSULTANT will promptly advise the COUNTY if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the COUNTY will review the CONSULTANT'S revised estimate of construction cost. The COUNTY may, if it determines that the estimated construction contract price set forth in this Contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the COUNTY may adjust such estimated construction contract price via amendment to this Contract. When bids or Proposals are not solicited or are unreasonably delayed, the COUNTY shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or Proposals to determine compliance with the funding limitation. C. The estimated construction cost for any project under this contract shall not exceed $2,000,000. Each Task Authorization shall specifically indicate the project's estimated construction cost. Task Authorizations issued for study activities may not exceed $200,000. D. The CONSULTANT and its subsidiaries or affiliates who designed the project shall be ineligible for the award of the construction contract for that project. IV RESPONSIBILITY OF THE CONSULTANT A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. 0 The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. B. The Project Manager and the Project Engineer must be two different individuals. Both must be currently employed by the Prime Consultant. The Project Engineer must be a Professional Engineer registered in the State of Florida. C. Substitution of the Project Manager, Project Engineer or Other Key Personnel: The CONSULTANT shall not substitute any key personnel without the prior written approval of the Manager of the Procurement Division. Any such requests shall be supported by comprehensive documentation outlining the reason(s) for the proposed substitution to include the specific qualifications of the proposed substitute. Approval of the request shall be at the discretion of the COUNTY. Further, the COUNTY, in lieu of approving a substitution, may initiate other actions under the contract, including termination. D. Neither the County's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. E. The rights and remedies of the COUNTY provided for under this contract are in addition to any other rights and remedies provided by law. F. If the CONSULTANT is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. G. For contracts requiring design services, the CONSULTANT shall comply with the following requirements: 1. Concurrent with the submission of the 100% design submittal to the user division, the CONSULTANT shall submit a complete breakdown of the subcontracting opportunities for the project based on traditional industry practices and their expertise to the Business Development Division, 400 E. South St., Orlando, FL 32801. This information will identify subcontracting elements such as electrical, trucking, sodding, surveying, etc, with the estimated percentage of the total project represented by each subcontracting element. 2. Upon submission of the 100% submittals to the user department, the CONSULTANT shall provide to the Business Development Division an estimate of the percentage of work to be performed under each standard CSI division heading, the total of which shall in all cases equal 100%. 6 H. The CONSULTANT shall maintain an adequate and competent staff of professionally qualified persons during the term of this Contract for the purpose of rendering the required services hereunder. The CONSULTANT shall not sublet, assign or transfer any services under this agreement without the written consent of the COUNTY. The COUNTY may require in writing that the CONSULTANT remove from the Work any of the CONSULTANT'S personnel that the COUNTY determines to be incompetent, careless or otherwise objectionable. No claims for an increase in Contract Amount or Contract Time based on the COUNTY'S use of this provision will be valid. CONSULTANT shall indemnify and hold the County harmless from and against any claim by CONSULTANT'S personnel on account of the use of this provision. J. All final plans and documents prepared by the CONSULTANT must bear the endorsement of a person in the full employ of the CONSULTANT and currently registered as a professional in the State of Florida. V COUNTY'S RIGHTS AND RESPONSIBILITIES The COUNTY shall: A. Furnish the CONSULTANT with existing data, plans, profiles, and other information necessary or useful in connection with the planning of the program that is available in the COUNTY'S files, all of which shall be and remain the property of the COUNTY and shall be returned to the COUNTY upon completion of the services to be performed by the CONSULTANT, B. Make COUNTY personnel available on a time -permitting basis, where required and necessary to assist the CONSULTANT. The availability and necessity of said personnel to assist the CONSULTANT shall be determined solely within the discretion of the COUNTY, C. Be entitled, upon request and without additional cost, to any documents as requested by the COUNTY for any project on which the CONSULTANT is working. VI COUNTY'S 'DESIGNATED' REPRESENTATIVE It is understood and agreed that the COUNTY designates the County Administrator or their designated representative, in writing, to represent the COUNTY in all technical matters pertaining to and arising from the work and performance of this Contract. The County Administrator or designated representative shall have the following responsibilities: A. Examination of all reports, sketches, drawings, estimates, Proposals, and other documents presented by the CONSULTANT and rendering, in writing, decisions indicating the COUNTY'S approval or disapproval within a reasonable time so as not to materially delay the work of the CONSULTANT. N B. Transmission of instructions, receipt of information, and interpretation and definition of COUNTY policies and decisions with respect to design, materials and other matters pertinent to the work covered by this Contract. C. Giving prompt written notice to the CONSULTANT whenever the COUNTY observes, or otherwise becomes aware of, any defects or changes necessary in a project. VII CONTRACT TYPE This is a Requirements Contract and the COUNTY'S intent is to order from the CONSULTANT all of the goods or services specified in Exhibit A, Scope of Professional Services of the Contract at the established hourly rates shown in Exhibit B of the Contract, required to be purchased by the COUNTY. If the COUNTY urgently requires delivery of goods or services before the earliest date that delivery may be required under this contract, and if the CONSULTANT will not accept an order providing for accelerated delivery, the COUNTY may acquire the goods or services from another source. Moreover, if the Manager of the Procurement Division determines that the CONSULTANTS' performance is less than satisfactory, the COUNTY may order the goods or services from other sources until the deficient performance has been cured or the contract terminated. VIII TERM OF CONTRACT The term of this contract shall be for one (1) year from date of execution; however, by mutual consent, the contract may be extended for two additional one year terms, not to exceed a total of three (3) years. Any Purchase Orders for Task Authorizations issued during the effective period of this contract and not completed within that period, shall be completed by the CONSULTANT within the time specified in the order. The contract shall govern the CONSULTANT'S and the COUNTY'S rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. 8 TERMINATIONIx OF CONTRACT A. TERMINATION FOR DEFAULT: The COUNTY may, by written notice to the CONSULTANT, terminate this contract for default in whole or in part (task authorizations, if applicable) if the CONSULTANT fails to: 1. provide products or services that comply with the specifications herein or fails to meet the County's performance standards 2. deliver the supplies or to perform the services within the time specified in this contract or any extension. 3. make progress so as to endanger performance of this contract 4. perform any of the other provisions of this contract. Prior to termination for default, the COUNTY will provide adequate written notice to the CONSULTANT through the Manager, Procurement Division, affording him/her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the CONSULTANT in accordance with the County's Procurement Ordinance. The CONSULTANT shall be liable for any damage to the COUNTY resulting from the CONSULTANT'S default of the contract. This liability includes any increased costs incurred by the COUNTY in completing contract performance. In the event of termination by the COUNTY for any cause, the CONSULTANT will have, in no event, any claim against the COUNTY for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the COUNTY the CONSULTANT shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of The terminated work 3. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the COUNTY. 4. Continue and complete all parts of that work that have not been terminated. J If the CONSULTANT'S failure to perform the contract arises from causes beyond the control and without the fault or negligence of the CONSULTANT, the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is in the COUNTY'S interest. If this contract is terminated, the COUNTY shall be liable only for goods or services delivered and accepted. The COUNTY Notice of Termination shall provide the Consultant thirty (30) days prior notice before it becomes effective. A termination for convenience may apply to individual purchase/delivery orders or to the contract in its entirety. C. PAYMENT If a Task Authorization or Purchase Order is terminated for the convenience of the COUNTY, a settlement will be negotiated. This settlement shall not exceed the total amount due for services rendered and accepted by the COUNTY in accordance with the payment terms of the Contract. If the Contract is terminated for convenience in its entirety, the CONSULTANT shall be paid an amount not in excess of all services rendered and accepted under the various orders issued against the Contract. However, if the termination is for cause, no amount shall be allowed for anticipated profit on unperformed services or other work, and the payment may be adjusted to take into account any additional costs to be incurred by the COUNTY due to such default. The Manager, Procurement Division, shall issue any and all notices involving termination of this contract. INDEMNITY/INSURANCE AND SAFETY REQUIREMENTS Consultant agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County's review or acceptance of insurance maintained by Consultant is not intended to and shall not in any manner limit or qualify the liabilities assumed by Consultant under this contract. Consultant is required to maintain any coverage required by federal and state workers' compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time. 10 The Consultant shall require and ensure that each of its sub -consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of A- Class VI I I or better. (Note: State licenses can be checked via www, floir, corn/compan ysearch/ and A. M. Best Ratings are available at www.ambest.com Required Coverage: ® Commercial General Liability - The Consultant shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than $1,000,000 per occurrence. Consultant further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit. Required Endorsements: M Additional Insured- CG 20 26 or CG 20 10/CG 20 37 or their equivalents. Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations ® Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent. Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number. ® Business Automobile Liability - The Consultant shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 (five hundred thousand dollars) per accident. In the event the Consultant does not own automobiles the Consultant shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Required Endorsement&- 9 MCS 9nvv—for operations governed by the- ections 29 S2 30 of the Mete- C4rj-iorAct Of 1990 ® Workers' Compensation - The Consultant shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case -by -case basis. Any Consultant using an employee leasing company shall complete the Leased Employee Affidavit. 11 Required Endorsements: ® Waiver of Subrogation- WC 00 03 13 or its equivalent ® Professional Liability- with a limit of not less than $1,000,000 per occurrence/claim When a self -insured retention or deductible exceeds $100,000 the COUNTY reserves the right to request a copy of Consultant most recent annual report or audited financial statement. For policies written on a "Claims -Made" basis the Consultant agrees to maintain a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non -renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Consultant agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Consultant of the obligation to provide replacement coverage. By entering into this contract Consultant agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers' compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Consultant to enter into a pre -loss agreement to waive subrogation without an endorsement, then Consultant agrees to notify the insurer and request the policy be endorsed with a Waiver of Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement. Prior to execution and commencement of any operations/services provided under this contract the Consultant shall provide the COUNTY with current certificates of insurance evidencing all required coverage. In addition to the certificate(s) of insurance the Consultant shall also provide endorsements for each policy as specified above. All specific policy endorsements shall be in the name of the Orange County, Florida. For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY's contracted certificate compliance management firm. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Consultant shall notify the COUNTY not less than thirty (30) business days (ten business days for non-payment of premium) of any material change in or cancellation/non-renewal of insurance coverage. The Consultant shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five (5) business days prior to the effective date of the replacement policy (ies). The certificate holder shall read: Orange County, Florida c/o Risk Management Division 201 S. Rosalind Avenue Orlando, Florida 32801 12 The CONSULTANT to the extent permitted in Section 725.08, Florida Statutes shall indemnify and hold harmless the COUNTY and its officers and employees from liabilities damages, losses, and costs (including attorney's fees) to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. The remedy provided to the COUNTY by this paragraph shall be in addition to and not in lieu of any other remedy available under this Contract or otherwise and shall survive the termination of this Contract. SAFETY AND PROTECTION OF PROPERTY (for services provided on the premises of Orange County) The Consultant shall at all times: ® Initiate, maintain and supervise all safety precautions and programs in connection with its services or performance of its operations under this contract. ® Take all reasonable precautions to prevent injury to employees, including County employees and all other persons affected by their operations. ® Take all reasonable precautions to prevent damage or loss to property of Orange County, or of other vendors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. ® Comply with all ordinances, rules, regulations, standards and lawful orders from authority bearing on the safety of persons or property or their protection from damage, injury or loss. This includes but is not limited to: o Occupational Safety and Health Act (OSHA) o National Institute for Occupational Safety & Health (NIOSH) o National Fire Protection Association (NFPA) o American Society of Heating, Refrigeration & Air -Conditioning Engineers (ASHRAE) ® The Consultant must also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address listed below: 13 XI TRUTH IN NEGOTIATION AND MAINTENANCE AND EXAMINATION OF RECORDS A. The Consultant hereby represents, covenants and warrants that wage rates and other factual unit costs supporting the compensation provided for in this Contract are accurate, complete and current as of the date of contracting. It is further agreed that the Contract price shall be adjusted to exclude any amounts where the County determines the Contract price was increased due to inaccurate, incomplete or non -current wage rates and other factual unit costs. B. The Consultant shall keep adequate records and supporting documents applicable to this Contract. Said records and documentation shall be retained by the Consultant for a minimum of five (5) years from the date of final payment on this contract. If any litigation, claim or audit is commenced prior to the expiration of the five (5) year period, the records shall be maintained until all litigation, claims or audit findings involving the records have been resolved. C. If applicable, time records and cost data shall be maintained in accordance with generally accepted accounting principles. This includes full disclosure of all transactions associated with the contract. Also, if applicable, all financial information and data necessary to determine overhead rates in accordance with Federal and State regulatory agencies and the contract shall be maintained. D. Consultant's "records and supporting documents" as referred to in this Contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, invoices, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the County's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract document. Such records and documents shall include (hard copy, as well as computer readable data, written policies and procedures; time sheets; payroll registers; cancelled checks; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating worksheets; correspondence; change order files (including pricing data used to price change proposals and documentation covering negotiated settlements); back -charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other Consultant records which may have a bearing on matters of interest to the County in connection with the Consultant's dealings with the County (all foregoing hereinafter referred to as "records and supporting documents") to the extent necessary to adequately permit evaluation and verification of: 1) Consultant compliance with contract requirements; or 2) Compliance with provisions for pricing change orders; or 3) Compliance with provisions for pricing invoices; or 14 4) Compliance with provisions regarding pricing of claims submitted by the Consultant or his payees; or 5) Compliance with the County's business ethics; or 6) Compliance with applicable state statutes and County Ordinances and regulations. E. Records and documents subject to audit shall also include those records and documents necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this Contract. In those situations where Consultant's records have been generated from computerized data (whether mainframe, mini -computer, or PC based computer systems), Consultant agrees to provide the County's representatives with extracts of data files in computer readable format on data disks or suitable alternative computer exchange formats. F. The County and its authorized agents shall have the right to audit, inspect and copy records and documentation as often as the County deems necessary throughout the term of this contract and for a period of five (5) years after final payment. Such activity shall be conducted during normal business working hours. The County, or any of its duly authorized representatives, shall have access within forty-eight (48) hours to such books, records, documents, and other evidence for inspection, audit and copying. G. The County, during the period of time defined by the preceding paragraph, shall have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Consultant as concerns the aforesaid records and documentation. H. Records and documentation shall be made accessible at the Consultant's local place of business. If the records are unavailable locally, it shall be the Consultant's responsibility to insure that all required records are provided at the Consultant's expense including payment of travel and maintenance costs incurred by the County's authorized representatives or designees in accessing records maintained out of the county. The direct costs of copying records, excluding any overhead cost, shall be at the County's expense. The Consultant shall require all payees (examples of payees include sub Consultants, insurance agents, material suppliers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between Consultant and payee. Such requirements include a flow - down right of audit provisions in contracts with payees, which shall also apply to Sub Consultants and Sub -sub Consultants, material suppliers, etc. 15 The Consultant shall cooperate fully and shall cause all aforementioned parties and all of Consultant's sub Consultants (including those entering into lump sum subcontracts and lump sum major material purchase orders) to cooperate fully in furnishing or in making available to the County from time to time whenever requested in an expeditious manner any and all such records, documents, information, materials and data. J. The County's authorized representatives or designees shall have reasonable access to the Consultant's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall have adequate and appropriate work space, in order to conduct audits in compliance with this article. K. Even after a change order proposal has been approved, Consultant agrees that if the County later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the Contract regarding pricing of change orders, then an appropriate contract price reduction will be made. Such post -approval contract price adjustment will apply to all levels of Consultants and/or sub Consultants and to all types of change order proposals specifically including lump sum change orders, unit price change orders, and cost-plus change orders. L. If an audit inspection or examination by the County, or its designee, in accordance with this article discloses overpricing or overcharges (of any nature) by the Consultant to the County in excess of one-half of one percent (.5%) of the total contract billings, the reasonable actual cost of the County's audit shall be reimbursed to the County by the Consultant. Any adjustments and /or payments that must be made as a result of any such audit or inspection of the Consultant's invoices and/or records and supporting documents shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the County's findings to the Consultant. XII OWNERSHIP OF DOCUMENTS It is understood and agreed that all documents, including detailed reports, plans, original drawings, "as built", specifications, original field survey, data notes, and all other data, prepared or obtained by the CONSULTANT in connection with its services hereunder shall be delivered to, and shall become the property of the COUNTY prior to final payment to the CONSULTANT. The CONSULTANT shall not be liable for any use by the COUNTY of said documents or data if they are modified in any manner without written approval of the CONSULTANT. XIII SUSPENSION OF WORK BY COUNTY Right of COUNTY to Suspend Work and Order Resumption - The performance of CONSULTANT'S services hereunder may be suspended by the COUNTY at any time. 16 However, in the event the COUNTY suspends the performance of CONSULTANT'S services hereunder, it shall so notify the CONSULTANT in writing, such suspension becoming effective upon the date of its receipt by CONSULTANT. The COUNTY shall promptly pay to the CONSULTANT all fees that have become due and payable to the CONSULTANT prior to the effective date of such suspension. COUNTY shall thereafter have no further obligation for payment to the CONSULTANT unless and until the COUNTY notifies the CONSULTANT that the services of the CONSULTANT called for hereunder are to be resumed. Upon receipt of written notice from the COUNTY that CONSULTANT'S services hereunder are to be resumed, CONSULTANT shall complete the services of CONSULTANT called for in this Contract and CONSULTANT, shall, in that event, be entitled to payment of the remaining unpaid compensation which becomes payable to him under this Contract, same to be payable in the manner specified herein. In no event will the compensation or any part thereof become due or payable to CONSULTANT under this Contract unless and until CONSULTANT has attained that stage of work where the same would be due and payable to CONSULTANT under the provision of this Contract. XIV STANDARDS OF CONDUCT A. The CONSULTANT represents that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Contract and that he has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. B. The CONSULTANT shall comply with all Federal, State and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin in the performance of work under this Contract. C. The CONSULTANT hereby certifies that no undisclosed conflict of interest exists with respect to the present Contract, including any conflicts that may be due to representation of other clients, other Contractual relationships of the CONSULTANT, or any interest in property that the CONSULTANT may have. The CONSULTANT further certifies that any apparent conflict of interest that arises during the term of this Contract will be immediately disclosed in writing to the COUNTY. Violation of this section will be considered as justification for immediate termination of this Contract under the provisions of Article VIII. D. The CONSULTANT and its subsidiaries or affiliates who designed the project, shall be ineligible for the award of the construction contract for that project. 17 The CONSULTANT shall not assign any interest in this Contract, and shall not transfer any interest in the same without prior written approval of the COUNTY, provided that claims for the money due or to become due the CONSULTANT from the COUNTY under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the COUNTY. ,T MINORITY/WOMEN- • • A. The CONSULTANT shall be responsible for reporting Minority/Women Business Enterprise (MWWBE) sub -consultant Contract dollar amount(s) for the MWWBE SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub -contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub -contract agreements/purchase orders is a condition precedent to execution of the prime contract with the County. Quarterly updated MWWBE utilization reports and Equal Opportunity Workforce Schedule reports are to be submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the M/WBE participation percentage proposed in the Consultant's Proposal submitted for this Contract is accomplished. B. Subsequent amendments to this contract shall be submitted with the appropriate documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S designated representative, within ten (10) days after COUNTY'S execution. C. The CONSULTANT shall be responsible for reporting local minority/women employment percentage levels within the firm and the minority/women employment percentage levels that the firm anticipates utilizing to fulfill the obligations of this Contract. The report(s) shall be submitted to the Business Development Division, on a quarterly basis during the life of the Contract. D. The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to all sub -consultants 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 MWBE participation achieved by the Prime Consultant prior to the issuance of final payment. E. The awarded prime Contractor's responsibilities and requirements are listed below and shall be included in the sub -agreement: 1. Whereas the prime contractor is being paid in accordance with the Local Government Prompt Payment Act, contractor shall incorporate a 72-hour 18 prompt payment assurance provision and payment schedule in all sub- contracts between the prime and sub -contractors. Note: The County reserves the right to verify that all sub -contractors are being paid within 72 hours of the County's remittance to the prime contractor. 2. File copies of all executed subcontractor agreement/contracts between the prime and all M/WBE subcontractors on the project to Orange County Business Development Division one-time for the duration of the contract. 3. The awarded prime Contractor shall furnish written documentation evidencing actual dollars paid to each subcontractor utilized by the prime Contractor 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 Contractor prior to the issuance of final payment. 4. The sub -contract agreement shall include: (a) the percentage of the overall contract value to be sub -contracted; and (b) the dollar amount based on the percentage of the contract value to be sub -contracted (if available at time of sub -contract agreement). 5. The prime Contractor shall submit an updated quarterly MWBE utilization report and the Equal Opportunity Workforce Schedule report for all professional service contracts. The required reports are to be submitted to the Business Development Division no later than the fifth day after end of reporting period. 6. All sub -contracts shall include the following statement: "It is the M/WBE responsibility to submit the required Quarterly M/WBE utilization reports to the prime and Final M/WBE payment verification form to Business Development Division denoting the percentage of the overall contract fees" The M/WBE's failure to submit the required documents could negatively impact their M/WBE certification. 7. The awarded prime Contractor shall not substitute, replace or terminate any M/WBE firm without prior written authorization of the Business Development Division, nor shall the prime reduce the scope of work or monetary value of a subcontractor without written authorization of the Business Development Division. 8. Upon execution of any renewal or extension to this contract, the Prime Contactor shall execute renewals with all approved specified sub- contractors for the full duration of the contract. 19 9. The prime Contractor shall expeditiously advise all M/WBE's and the Business Development Division of all change orders, contract modifications, additions and deletions to any and all contracts issued to the M/WBE firm on their team. 10. The COUNTY may at its discretion require copies of subcontracts/purchase orders for the non-M/WBE's listed on the Project Team Form (FORM B) and or utilized on the project. However, if this option is not exercised the awarded Proposer shall provide a list of all non-M/WBE sub -Contractors certifying that a prompt payment clause has been included in that contract or purchase order. The M/WBE's failure to submit the required documents could negatively impact their M/WBE re -certification. F. By entering into this contract, the CONSULTANT affirmatively commits to comply with the M/WBE subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. The COUNTY may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement. XVI I INDEPENDENT CONSULTANT STATUS The CONSULTANT shall be an independent Consultant and neither CONSULTANT nor anyone employed by CONSULTANT shall be deemed for any purpose to be the employee, agent, servant or representative of the COUNTY in the performance of the work hereunder. The COUNTY shall have no direction or control of CONSULTANT or CONSULTANT'S employees and agents, except in the results to be obtained. 20 XVIII i • . • The County's policies of equal opportunity and non-discrimination are intended to assure equal opportunities to every person, regardless of race, religion, sex, color, age, disability or national origin, in securing or holding employment in a field of work or labor for which the person is qualified, as provided and enforced by Section 17-314 of the Orange County Code and the County's relevant Administrative Regulations. It is also the county policy that person(s) doing business with the County shall recognize and comply with this policy and that the County shall not extend public funds or resources in a manner as would encourage, perpetuate or foster discrimination. As such: 1. The Association shall adopt and maintain, or provide evidence to the County that Association has adopted and maintains, a policy of nondiscrimination as defined by Section 17-288, Orange County Code, throughout the term of this Agreement. 2. The Association agrees that, on written request, the Association shall permit reasonable access to all business records or employment, employment advertisement, applications forms, and other pertinent data and records, by the County, for the purpose of investigating to ascertain compliance with the non- discrimination provisions of this contract; provided, that the Contractor shall not be required to produce for inspection records covering periods of time more than one year prior to the date of this Agreement. 3. The Agency agrees that, if any obligations of this contract are to be performed by subcontractor(s), the provisions of subparagraphs 1 and 2 of this Section shall be incorporated into and become a part of the subcontract. INDEMNIFICATIONXIX FOR •- ACTIONS/LIMITATION OF A. The provisions of Florida Statute 768.28 applicable to Orange County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the COUNTY acting within the scope of his/her office or employment are subject to the limitations specified in this statute. B. No officer, employee or agent of the COUNTY acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any injury or damage suffered as a result of any act, event, or failure to act. C. The COUNTY shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 21 xx ASBESTOS For contracts for design services, CONSULTANT shall provide a written and notarized statement on company letterhead to certify and warrant that the project was designed with asbestos free materials. Such statement shall be submitted with the final payment request. Final payment shall not be made until such statement is submitted. CONSULTANT agrees that if materials containing asbestos are subsequently discovered at any future time to have been included in the design, CONSULTANT shall be liable for all costs related to the redesign or modification of the construction of the project so that materials containing asbestos are removed from the design, plans or specifications or construction contract documents, and, in addition, if construction has begun or has been completed pursuant to a design that includes asbestos containing materials, the CONSULTANT shall also be liable for all costs related to the abatement of such asbestos. XXI This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida. XXI I VAILABILITY OF FUNDS The obligations of Orange County under this Contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners, or other specified funding source for this contract. CONSULTANT has committed to hire (_) CareerSource participants residing in Orange County, Florida. Therefore, within five (5) days after contract award, CONSULTANT shall contact the Orange County Business Development Liaison at (407) 836-7317 to assist with meeting this requirement. The BDD Liaison will work with the CareerSource staff and the Consultant to ensure that the process is properly adhered until all requirements have been met. CareerSource participants may be employed in any position within the firm but must be hired on a full-time basis. 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 individual hired under this program are retained. However, if it becomes necessary to replace an employee, the CONSULTANT shall contact the BDD Liaison. At its discretion, COUNTY may periodically request submission of certified payrolls to confirm the employment status of program participants. 22 XXIV REGISTERED SERVICE -DISABLED VETERAN PARTICIPATION A. The CONSULTANT shall be responsible for reporting Registered Service - Disabled Veteran (SDV) sub -consultant Contract dollar amount(s) for the SDV SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub -contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub -contract agreements/purchase orders is a condition precedent to execution of the prime contract with the County. Quarterly updated SDV utilization reports Schedule of Minorities and Women reports are to be submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the SDV participation percentage proposed in the Consultant's Proposal submitted for this Contract is accomplished. B. Subsequent amendments to this contract shall be submitted with the appropriate documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S designated representative, within ten (10) days after COUNTY'S execution. C. The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to all sub -consultants 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 SDV participation achieved by the Prime Consultant prior to the issuance of final payment. D. The awarded prime consultant shall not substitute, replace or terminate any M/WBE firm without prior written authorization from the Business Development Manager. In the event a certified SDV sub -Consultant's sub -contract is terminated for cause, the CONSULTANT shall justify the replacement of that sub -consultant, with another certified M/WBE firm in writing to the Business Development Division, accompanied by the Project Manager's recommendation. E. It is the intent of the COUNTY to insure prompt payment of all sub -consultants working on COUNTY projects. The CONSULTANT shall: 1. Submit copies of executed contracts between the CONSULTANT and all of its SDV sub -consultants to the Business Development Division. 2. The County may at its discretion require copies of subcontracts/purchase orders for the non-SDV's listed on Form B and or utilized on the project. However, if this option is not exercised the awarded Proposer shall provide a list of all non-SDV subConsultants certifying that a prompt payment clause has been included in that contract or purchase order. 3. Incorporate a prompt payment assurance provision and payment 23 schedule in all contracts between the CONSULTANT and sub -consultants (including those with non-SDV's) stating that payment will be made to the sub -consultant within 72 hours of receipt of payment from the COUNTY. The CONSULTANT shall pay each sub -consultant for all work covered under an invoice within the 72 hour time frame. 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. F. By entering into this contract, the CONSULTANT affirmatively commits to comply with the SDV subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. XXV CONTRACT CLAIMS "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. Claims made by a Consultant against the County relating to a particular contract shall be submitted to the Procurement Division Manager in writing clearly labeled "Contract Claim" requesting a final decision. The Consultant also shall provide with the claim a certification as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Consultant believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Consultant." Failure to document a claim in this manner shall render the claim null and void. Moreover, no claim shall be accepted after final payment of the contract. The decision of the Procurement Division Manager shall be issued in writing and shall be furnished to the Consultant. The decision shall state the reasons for the decision reached. The Procurement Division Manager shall render the final decision within sixty (60) days after receipt of Consultant's written request for a final decision. The Procurement Division Manager's decision shall be final and conclusive. The Consultant shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Manager of the Procurement Division. 24 The Consultant warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, 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 Consultant any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of this Contract. For the breach or violation of this provision, the County shall have the right to terminate the Contract at its sole discretion, without liability and to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites. It is also applicable to Consultants and their personnel during contract performance on county -owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, e-cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies. XXVIII VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person performing services under this contract, the CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of: (a) all employees within the State of Florida that are hired by the CONSULTANT after the execution of the contract who are providing labor under the contract during the contract term; and, (b) all employees within the State of Florida of any of the CONSULTANT'S sub -consultants that are hired by those sub -consultants after the execution of the contract who are providing labor under the contract during the contract term. Please refer to USCIS.gov for more information on this process. XXIX SUSPENSION,c VOLUNTARY EXCLUSION: By executing this agreement the Bidder affirms that it is in compliance with the requirements of 2 C.F.R. Part 180 and that neither it, its principals, nor its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 25 XXX By executing this agreement the Bidder affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List. XXXI SEVEV, provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependencies a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. XXXII PUBLIC RECORDS COMPLIANCE (APPLICABLE OSERVICE CONIRACTS) - Orange County is a public agency subject to Chapter 119, Florida Statutes. The Consultant agrees to comply with Florida's Public Records Law. Specifically, the Consultant shall: 1. Keep and maintain public records required by Orange County to perform the service. 2. Upon request from Orange County's custodian of public records, provide Orange County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to Orange County. 4. Upon completion of the contract, Consultant agrees to transfer at no cost to Orange County all public records in possession of the Consultant or keep and maintain public records required by Orange County to perform the service. If the Consultant transfers all public record to Orange County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the 26 contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Orange County, upon request from Orange County's custodian of public records, in a format that is compatible with the information technology systems of Orange County. 5. A Consultant who fails to provide the public records to Orange County within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. CONSULTANT6. IF THE QUESTIONS REGARDING THE APPLICATIOR OF FLORIDACHAPTER 119, PROVIDEORDTO THIS CONTRACT, CONTACT Name Typed Title 400 E. South Street, 2nd Floor, Orlando, FL 32801 407-836-5897 Procurement ecords ocf1.net Carrie Mathes, MPA, CFCM, CPPO, C.P.M. CPPB, APP, Manager, Procurement Division Date: (for County use only) 27 REQUEST FOR PROPOSALS 4Y20-906-RM CONTINUING WATER QUALITY PROFESSIONAL SERVICES DUE 2:00 P.M. — March 24, 2020 PROPOSER INFORMATION: NAME OF FIRM: ADDRESS: PHONE: FAX: AUTHORIZED SIGNITORY: SIGNATURE: CONTACT'S E-MAIL ADDRESS: TIN# (Street Address) (PO Box) (City, County, State, Zip) Naive) TITLE: NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 MUST BE SUBMITTED WITH PROPOSAL. IDENTIFICATION OF BUSINESS ORGANIZATION: Check the appropriate box that describes the organization of the firm proposing: [ ] Sole Proprietorship [ ] Partnership [ ] Joint Venture [ ] Corporation State of Incorporation: Principal Place of Business (Florida Statute Chapter 607): Check all that apply: [ ] Mergers [ ] Parent Company [ ] Subsidiary If a merger, a parent company or subsidiary relationship applies, list all entities in the relationships: The proposer represents that the following principals are authorized to sign and/or negotiate Contracts and related documents to which the bidder or proposer will be duly bound. Principal is defined as an employee, officer or other technical or professional in a position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. Name Title Phone Number 1 t1l e ADDENDUM ACKNOWLEDGEMENT: The Proposer shall acknowledge receipt of any addenda issued to the solicitation by completing the blocks below or by completion of the applicable information on the addendum and returning it not later than the date and time for receipt of the Proposal. Failure to acknowledge an addendum that has a material impact on the solicitation may negatively impact the responsiveness of your Proposal. Material impacts include but are not limited to changes to scope of work, delivery time, performance period, quantities, bonds, letters of credit, insurance, qualifications, etc. Addendum No. Date Addendum No. Date Addendum No. Date I Date PROJECT TEAM RFP Project Number: TEAM NAME: Federal I. D. Number: Is Prime Consultant: an O.C. certified M/WBE Firm Yes No An O.C. registered SDV Firm Yes No PRIME Role Name and City of Residence of Individual Assigned to the Project Number of Years Experience Education, Degree(s) Florida Active Registration Numbers Principle -in -Charge Project Manager Project Engineer Project Construction Administrator Other Key Member Other Key Member SUBCONSULTANT Role Company Name and Address of Office Handling this Project If Certified M/WBE specify which; Or If Registered SDV indicate Projected % of Overall work on the entire project Name of Individual Assigned to the Project Architecture Mechanical Engineering Electrical Engineering Structural Engineering Civil Engineering Landscape Architecture Other Key Member ( ) Other Key Member ( ) Note: Percentages indicated must conform to percentages indicated on Form C LOCATION Proposers shall complete and submit the information below to clearly identify the location and applicable percentage of the work to be performed at each location listed. Also, proposers shall complete and sign the attached pages, 2 through 4, concerning location. NOTE: THE AFFIDAVIT/NOTARIZATION REQUIREMENT (page 4). PRIME CONSULTANT/ CITY COUNTY STATE PERCENTAGE CONTRACTOR ZIP OF WORK (Name & Address) ASSIGNED 1. % 2. 3. SUBCONSULTANT/SUBCONTRACTOR (Name & Address) 1. 2. 3. 4. 5. 6. 7. Use additional pages if necessary - Total Percentage must equal 100% Revised 5/6/04 FORM C LOCATION (continued) 1. Current domicile of Project Manager. Name of Project Manager City & County State 2. Will Project Manager relocate to an Orange County address to facilitate contract performance? (check appropriate line) No Not Applicable If Project Manager will not relocate, explain how the Project Manager will manage the project and maintain close communication with the County. Yes Not Applicable If yes, please explain when relocation will occur in relationship to contract award. FORM C 2 LOCATION (continued) 3. Current domicile of Project Engineer. Name of Project Engineer City & County State 4. Will Project Engineer relocate to an Orange County address to facilitate contract performance? (check appropriate line) Not Applicable If Project Engineer will not relocate, explain how the Project Engineer will manage the project and maintain close communication with the County. Yes Not Applicable If yes, please explain when relocation will occur in relationship to contract award. FORM C 3 LOCATION (continued) AFFIDAVIT Under penalties of perjury, I swear affirm that the preceding location information is true and correct. I also acknowledge that any material misrepresentation will be grounds for terminating for default any contract, which may have been awarded due in whole or part to such misrepresentation. I also understand that false statements may result in criminal prosecution for a felony of the third degree per Section 92.525(3), Florida Statutes. Authorized Signatory Name of Proposer Typed or Printed Full Name Date Title STATE OF FLORIDA ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence, or ❑ online notarization, this day of 20, by [NAME OF PERSON], as [TYPE OF AUTHORITY,... e.g. officer, trustee, etc.)] for [NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED]. ❑ Personally Known; OR ❑ Produced Identification. Type of identification produced: [CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. § 117.05] Notary Public My Commission Expires: (Printed, typed or stamped commissioned name of Notary Public) FORM C 4 SIMILAR PROJECTS PROJECT MANAGER USING PAGES D1 - D5 only - List up to five SIMILAR PROJECTS, (one project per page), for which services have been SUCCESSFULLY COMPLETED WITHIN THE PAST FIFTEEN Q 5) YEARS, immediately preceding the due date proposals in response to the Request for Proposals, which most closely match the scope of work in this RFP, as identified in similar project description, wherein the proposed Project Manager has performed IN THE SAME CAPACITY with your firm, or other firms. LIST THE ONE PROJECT MANAGER ONLY AS INDICATED ON FORM B. Proposers must explain and emphasize how each element of the similar project description was performed in conjunction with the project listed. 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. In addition, the Proposer should provide a narrative of what skills were used that are similar in nature to what is required in the scope of services for this RFP. FORM D 1/26/00 Proposed Project Manager: 1. Proiect Name: Project Type O A O B O C O D Waterbody Size: Firm: Consulting Fee: Consulting Start (month/year): Completion (month/year):- Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM D-1 10/6/99 Proposed Project Manager: 2. Proiect Name: Project Type O A O B O C O D Waterbody Size: Firm: Consulting Fee: Consulting Start (month/year): Completion (month/year):- Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM D-2 10/6/99 Proposed Project Manager: 3. Project Name: Project Type O A O B O C O D Waterbody Size: _ Firm: Consulting Fee:_ Consulting Start (month/year): Completion (month/year): Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work FORM D-3 10/6/99 Proposed Project Manager: 4. Project Name: Project Type O A O B O C O D Waterbody Size: Firm: Consulting Fee: Consulting Start (month/year): Completion (month/year): Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM D-4 10/6/99 Proposed Project Manager: 5. Project Name: Project Type O A O B O C O D Firm: Consulting Start (month/year) Owner: Waterbody Size: _ Consulting Fee:_ Completion (month/year): Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM D-5 10/6/99 SIMILAR PROJECTS PROJECT ENGINEER USING PAGES E1 - E5 only - List up to five SIMILAR PROJECTS, (one project per page), for which services have been SUCCESSFULLY COMPLETED WITHIN THE PAST FIFTEEN (15) YEARS, immediately preceding the due date proposals in response to the Request for Proposals, which most closely match the scope of work in this RFP, as identified in similar project description, wherein the proposed project engineer has performed IN THE SAME CAPACITY with your firm, or other firms. LIST THE ONE PROJECT ENGINEER ONLY AS INDICATED ON FORM B. Proposers must explain and emphasize how each element of the similar project description was performed in conjunction with the project listed. 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. In addition, the Proposer should provide a narrative of what skills were used that are similar in nature to what is required in the scope of services for this RFP. FORM E Proposed Project Envineer: Florida PE License # 1. Project Name: Project Type O A O B O C O D Waterbody Size: _ Firm: Consulting Fee: Consulting Start (month/year): Completion (month/year):- Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM E-1 Proposed Project Engineer: Florida PE License # 2. Proiect Name: Project Type O A O B O C O D Waterbody Size: _ Firm: Consulting Fee: Consulting Start (month/year): Completion (month/year):- Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM E-2 Proposed Project Engineer: Florida PE License # 3. Project Name: Project Type O A O B O C O D Waterbody Size: Firm: Consulting Fee: Consulting Start (month/year): Completion (month/year):_ Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM E-3 Proposed Project Engineer: Florida PE License 4 4. Pro iect Name: Project Type O A O B O C O D Waterbody Size: _ Firm: Consulting Fee: Consulting Start (month/year): Completion (month/year):- Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM EA Proposed Project Engineer: 5. Project Name: Project Type O A O B O C O D Firm: Consulting Start (month/year): Florida PE License # Waterbody Size: Consulting Fee: Completion (month/year): Owner: Reference Name, Address, Phone Number, Fax Number, Email Address: Summary of Work: FORM F-5 SKILLS AND EXPERIENCE OF THE PROJECT TEAM Using a maximum of three pages, 8 1/2" X 11", labeled "Form F-1" through "Form F-3 describe the experience of the entire project team as it relates to this project. Title the first page "Skills and Experience of the Project Team" and label each page as described above. Include the experience of the prime consultant, as well as other members of the project team; i.e., additional personnel, sub -consultants, branch offices, team members, and other resources anticipated to be utilized for this project. Name specific projects (successfully completed within the past ten years) where the team members have performed similar projects previously. Specifically identify the management plan. The management plan shall describe, at a minimum, the Proposer's basic approach to the management of the project, to include reporting hierarchy of staff and sub -consultants, clarify the individual(s) responsible for the co-ordination of the separate components of the scope of work and describe the quality assurance/quality control plan. Provide an organizational chart for the team and label as "Form F-4"; the organizational chart will be in addition to the three page maximum. Revised 11/8/02 Form F PROJECT SCOPE, APPROACH AND UNDERSTANDING Using a maximum of five pages, 81/2" x 11", labeled "Form H-l" through "Form H-5", delineate your firm's understanding of the project scope and approach or approaches to successful completion, specialized skills available, special considerations and possible difficulties in completing the project as specified. Describe alternate approaches to the project, if applicable. Title the first page "Project Scope, Approach and Understanding" and label each page as described above. CONFLICT / NON -CONFLICT OF INTEREST STATEMENT CHECK ONE [ ] To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other clients, contracts, or property interest for this project. [ ] The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other clients, contracts, or property interest for this project. LITIGATION STATEMENT CHECK ONE [ ] The undersigned firm has had no litigation and/or judgments entered against it by any local, state or federal entity and has had no litigation and/or judgments entered against such entities during the past ten (10) years. [ ] The undersigned firm, BY ATTACHMENT TO THIS FORM, submits a summary and disposition of individual cases of litigation and/or judgments entered by or against any local, state or federal entity, by any state or federal court, during the past ten (10) years. COMPANY NAME AUTHORIZED SIGNATURE NAME (PRINT OR TYPE) TITLE Failure to check the appropriate blocks above may result in disqualification of your proposal. Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and/or judgments, may result in disqualification of your proposal. Rev:1/29/03 FORM I tur lNumDer & litie: rroposer iName: EQUAL OPPORTUNITY WORKFORCE SCHEDULE See: Sec. 17-322 (Establishment of goals; employment), Orange County Code of Ordinances Directions: Review the definition of "minority" in Sec. 17-319 (Definitions), Orange County Code of Ordinances, and record the demographics of your workforce by inserting the number of applicable employees in each box below. The County will only consider your total workforce ("TWF") that falls within the "employee lYpes" designated by an asterisk M when evaluating this Bid/Proposal Response. For data collecting purposes, record any applicable employees located in the Orlando Metropolitan Statistical Area ("OMSA") of Lake, Orange, Osceola, and Seminole rnnntiac Tf a Tnint VPntlirP is hirlrlina, e.nrh entity mast fill cart a. senarate schedule. African American Asian American Hispanic American Native American Caucasian/Other TOTAL WORKFORCE TWF OMSA TWF OMSA TWF OMSA TWF OMSA _ TWF OMSA TWF OMSA Officials, Managers, and Supervisors* Professionals* �. Technicians* W a Sales Workers Office and Clerical Craftsman (Skilled) E- Operatives (Semi -Skilled) cLaborers (Unskilled) Service Workers Apprentice* Interns, Displaced Workers MALE SUBTOTAL Officials, Managers, and Supervisors* Professionals* W Technicians* a Sales Workers wOffice and Clerical Craftsman (Skilled) Operatives (Semi -Skilled) 8 Laborers (Unskilled) Service Workers WApprentice* Tnterns/Co-Ops* Displaced Workers FEMALE SUBTOTAL—��—�� TOTAL Form Completed by (Print): Signature: Form Approved by (Print): Signature: FORM J INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the proposer is submitting as a joint venture, please be advised that this form [3 pages] MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. However, if the proposer is not a joint venture, check the following block: ( ) NOT APPLICABLE and proceed to Form L. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the firms which comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. What is the claimed percentage of ownership and identify any MWBE partners (if applicable)? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement provided by question 6.) (a) Profit and loss sharing: (b) Capital contributions, including equipment: (c) Other applicable ownership interests: 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision malting, including, but not limited to, those with prime responsibility for: (a) Financial decisions: Revised 7/21/04 FORM K-1 (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: (c) Supervision of field operations: NOTE: If, after filing this form and before the completion of the joint venture's work on the subject contract, there is any significant change in the information submitted, the joint venture must inform the County in writing. Joint venture must be properly registered with the Florida Division of Corporations before the contract award and the name of the Joint Venture must be the same name used in the RFP Proposal. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the County current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venture. Also permit authorized representatives of the county to audit and examine records of the joint venture. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Signature: Name: Title: Date: Revised 7/21/04 FORM K-2 Name of Firm: Signature: Name: Title: Date: Date State of County of STATE OF FLORIDA COUNTY OF ) AFFIDAVIT ss: The foregoing instrument was acknowledged before me by means of ❑ physical presence, or ❑ online notarization, this day of , 20_, by [NAME OF PERSON], as [TYPE OF AUTHORITY,... e.g. officer, trustee, etc.)] for [NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED]. ❑ Personally Known; OR ❑ Produced Identification. Type of identification produced: [CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. § 117.05] Notary Public My Commission Expires: (Printed, typed or stamped commissioned name of Notary Public) FORM K-3 DRUG -FREE WORKPLACE FORM The undersigned vendor, in accordance with Florida Statute 287.087, hereby certifies that does: Name of Proposer 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any convictions of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for any violation occurring in the workplace, no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free work -place through implementation of Paragraphs 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Proposer's Signature: Date: IIM NO I I LETTER OF INTENT (VERIFICATION OF M/WBE UTILIZATION) *INSTRUCTIONS* Proposers shall place the following on their letterhead, executed by their authorized agent. Signed Letters of Intent must be submitted with the Proposal for each M/WBE Subconsultant(s) listed by the Proposer on Form B, Project Team. If percentages or dollar values listed on this agreement differ from percentages or dollar values listed on Form B and C of the proposal, the values listed on this Letter of Intent will supercede for RFP scoring/evaluation. The subcontract will reflect a 72 hour prompt payment clause. Failure to complete and submit these forms may result in finding of the submittals non -responsive. M/WBE Subconsultant Certified Scope(s) of Work Subcontract Percentage/Amount (ONLY USED TOWARDS MIWBE UTILIZATION) I understand that I shall not be allowed to substitute or change subconsultants without prior written approval of the Business Development Division. Such approval shall in no way relieve my obligations pursuant to Orange County's M/WBE requirements and goals contained in the Orange County Minority/Women Business Enterprise Ordinance, No. 94-02, as amended by Ordinance No. 2009-21 and any subsequent amendments. Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. I, ,(M/WBE Sub -Consultant) understand that "It is my responsibility to submit the required quarterly M/WBE utilization reports to the Prime and the final M/WBE payment verification form to the Business Development Division." Failure to submit the required documents could negatively impact my M/WBE certification. Authorized Agent of Prime Consultant Printed Name & Title Date Authorized Agent of M/WBE Subconsultant Date Printed Name & Title M/WBE Address Phone Number Fax Number FORM M-1 LETTER OF INTENT (VERIFICATION OF SERVICE -DISABLED VETERAN UTILIZATION) `INSTRUCTIONS* Proposers shall place the following on their letterhead, executed by their authorized agent. Signed Letter must be submitted with the Proposal for each Registered Service - Disabled Veteran Sub-consultant(s) listed by the Proposer of Form B, Project Team. If percentages or dollar values listed on this agreement differ from percentages or dollar values listed on Form B and C of the proposal, the values listed on this Letter of Intent will supersede for RFP scoring/evaluation. The subcontract will reflect a 72 hour prompt payment cause. Failure to complete and submit these forms may result in finding of the submittals non -responsive. SDV Sub -consultant Registered Scope(s) of Work Subcontract Percentage/Amount (ONLY USED TOWARDS BONUS POINTS) I understand that I shall not be allowed to substitute or change SubConsultants, without the express prior approval of the Business Development Division. Such approval shall in no way relieve my obligations pursuant to Orange County's Registered Service -Disable Veteran Business Program requirements contained in the Orange County Ordinance, Orange County Code, Chapter 17, Article III, Division 5. Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. Authorized Agent of Prime Consultant Printed Name & Title Authorized Agent of SDV Sub -consultant Printed Name & Title SDV Address Phone Number Fax Number Date Date FORM M-2 Fof^ Staff Use Only: Specific Project Expenditure Report (Revised November 5, 2010) Initially submitted on For use as of March 1, 2011 Updated On CONTINUING WATER QUALITY PROFESSIONAL SERVICES Case or Bid No. Y20-906 -RM ORANGE COUNTY SPECIFIC PROJECT EXPENDITURE REPORT This lobbying expenditure form shall be completed in full and filed with all application submittals. This form shall remain cumulative and shall be filed with the department processing your application. Forms signed by a principal's authorized agent shall include an executed Agent Authorization Form. This is the initial Form: This is a Subsequent Form: Part I Please complete all of the following: Name and Address of Principal (legal name of entity or owner per Orange County tax rolls): Name and Address of Principal's Authorized Agent, if applicable: List the name and address of all lobbyists, consultants, contractors, subcontractors, individuals or business entities who will assist with obtaining approval for this project. (Additional forms may be used as necessary.) 1. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No 2. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No 3. Name and address of individual or business entity: Are they registered Lobbyist? Yes or No 4. Name and address of individual or business entity: Are they registered Lobbyist? Yes or No 5. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No 6. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No 7. Name and address of individual or business entity: Are they registered Lobbyist? Yes _ or No 8. Name and address of individual or business entity: Are they registered Lobbyist? Yes or No FORM N PAGE 1 of 3 For Staff Use Only. - Specific Project Expenditure Report (Revised November 5, 2010) Initially submitted on For use as of March 1, 2011 Updated On CONTINUING WATER QUALITY PROFESSIONAL SERVICES Case or Bid No. Y20-906 -RM Company Name: Part II Expenditures: For this report, an "expenditure" means money or anything of value given by the principal and/or his/her lobbyist for the purpose of lobbying, as defined in section 2-351, Orange County Code. This may include public relations expenditures including, but not limited to, petitions, fliers, purchase of media time, cost of print and distribution of publications. However, the term "expenditure" does not include: • Contributions or expenditures reported pursuant to chapter 106, Florida Statutes; • Federal election law, campaign -related personal services provided without compensation by individuals volunteering their time; a Any other contribution or expenditure made by or to a political party; • Any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4), in accordance with s.112.3215, Florida Statutes; and/or • Professional fees paid to registered lobbyists associated with the project or item. The following is a complete list of all lobbying expenditures and activities (including those of lobbyists, contractors, consultants, etc.) incurred by the principal or his/her authorized agent and expended in connection with the above - referenced project or issue. You need not include de minimus costs (under $50) for producing or reproducing graphics, aerial photographs, photocopies, surveys, studies or other documents related to this project. Date of Name of Party Description of Activity Amount Expenditure Incurring Paid Expenditure TOTAL EXPENDED THIS REPORT $ FORM N PAGE 2 of 3 For Staff Use Only: Specific Project Expenditure Report (Revised November 5, 2010) Initially submitted on For use as of March 1, 2011 Updated On CONTINUING WATER QUALITY PROFESSIONAL SERVICES Case or Bid No. Y20-906 -RM Company Name: Part III ORIGINAL SIGNATURE AND NOTARIZATION REQUIRED I hereby certify that information provided in this specific project expenditure report is true and correct based on my knowledge and belief. I acknowledge and agree to comply with the requirement of section 2-354, of the Orange County code, to amend this specific project expenditure report for any additional expenditure(s) incurred relating to this project prior to the scheduled Board of County Commissioner meeting. I further acknowledge and agree that failure to comply with these requirements to file the specific expenditure report and all associated amendments may result in the delay of approval by the Board of County Commissioners for my project or item, any associated costs for which I shall be held responsible. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Date Signature of n Principal or n Principal's Authorized Agent (check appropriate box) PRINT NAME AND TITLE: STATE OF FLORIDA ) ss: COUNTY OF 1 The foregoing instrument was acknowledged before me by means of ❑ physical presence, or ❑ online notarization, this day of 20, by [NAME OF PERSON], as [TYPE OF AUTHORITY,... e.g. officer, trustee, etc.)] for [NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED]. ❑ Personally Known; OR ❑ Produced Identification. Type of identification produced: [CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. § 117.05] Notary Public My Commission Expires: (Printed, typed or stamped commissioned name of Notary Public) FORM N PAGE 3 OF 3 FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT THE SPECIFIC PROJECT EXPENDITURE REPORT Updated 3-1-11 WHAT IS A SPECIFIC PROJECT EXPENDITURE REPORT (SPR)? A Specific Project Expenditure Report (SPR) is a report required under Section 2-354(b) of the Orange County Lobbying Ordinance, codified at Article X of Chapter 2 of the Orange County Code, reflecting all lobbying expenditures incurred by a principal and his/her authorized agent(s) and the principal's lobbyist(s), contractor(s), subcontractor(s), and consultant(s), if applicable, for certain projects or issues that will ultimately be decided by the Board of County Commissioners (BCC). Matteis specifically exempt from the SPR requirement are ministerial items, resolutions, agreements in settlement of litigation matters in which the County is a party, ordinances initiated by County staff, and some procurement items, as more fully described in 2.20 of the Administrative Regulations. Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying need not be disclosed on this form. (See Section 2-354(b), Orange County Code.) WHO NEEDS TO FILE THE SPR? The principal or his/her authorized agent needs to complete and sign the SPR and warrant that the information provided on the SPR is true and correct. A principal that is a governmental entity does not need to file an SPR. HOW ARE THE KEY RELEVANT TERMS DEFINED? Expenditure means "a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying. This may include public relations expenditures (including but not limited to petitions, flyers, purchase of media time, cost of print and distribution of publications) but does not include contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, or federal election law, campaign -related personal services provided without compensation by individuals volunteering their time, any other contribution or expenditure made by or to a political party, or any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4)." (See Section 112.3215, Florida Statutes.) Professional fees paid by the principal to his/her lobbyist for the purpose of lobbying are not deemed to be "expenditures." (See Section 2-354, Orange County Code.) Lobbying means seeking "to encourage the approval, disapproval, adoption, repeal, rescission, passage, defeat or modification of any ordinance, resolution, agreement, development permit, other type of permit, franchise, vendor, consultant, contractor, recommendation, decision or other foreseeable action of the [BCC]," and "include[s] all communications, regardless of whether initiated by the lobbyist or by the person being lobbied, and regardless of whether oral, written or electronic." (See Section 2-351, Orange County Code.) Furthermore, lobbying means communicating "directly with the FORM N FAQs County Mayor, with any other member of the [BCC], or with any member of a procurement committee." (See Section 2-351, Orange County Code.) Lobbying also means communicating "indirectly with the County Mayor or any other member of the [BCC]" by communicating with any staff member of the Mayor or any member of the BCC, the county administrator, any deputy or assistant county administrator, the county attorney, any county department director, or any county division manager. (See Section 2-351, Orange County Code.) Lobbying does not include the act of appearing before a Sunshine Committee, such as the Development Review Committee or the Roadway Agreement Committee other than the BCC. Principal means "the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained, or otherwise engaged the services of a lobbyist." Principcil may also include a person, partnership, joint venture, trust, association, corporation, limited liability corporation, or other entity where it or its employees do not qualify as a lobbyist under the definition set forth in Section 2-351 of the Orange County Code but do perform lobbying activities on behalf of a business in which it has a personal interest. DOES THE SPR NEED TO BE UPDATED IF INFORMATION CHANGES? Yes. It remains a continuing obligation of the principal or his/her authorized agent to update the SPR whenever any of the information provided on the initial form changes. WHERE DO THE SPR AND ANY UPDATES NEED TO BE FILED? The SPR needs to be filed with the County Department or County Division processing the application or matter. If and when an additional expenditure is incurred subsequent to the initial filing of the SPR, an amended SPR needs to be filed with the County Department or County Division where the original application, including the initial SPR, was filed. WHEN DO THE SPR AND ANY UPDATES NEED TO BE FILED? In most cases, the initial SPR needs to be filed with the other application forms. The SPR and any update must be filed with the appropriate County Department or County Division not less than seven (7) days prior to the BCC hearing date so that they may be incorporated into the BCC agenda packet. (See Section 2-354(b), Orange County Code.) When the matter is a discussion agenda item or is the subject of a public hearing, and any additional expenditure occurs less than 7 days prior to BCC meeting date or updated information is not included in the BCC agenda packet, the principal or his/her authorized agent is obligated to verbally present the updated information to the BCC when the agenda item is heard or the public hearing is held. When the matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC meeting or the update is not included in the BCC agenda packet, the item will be pulled from the consent agenda to be considered at a future meeting. FORM N FAQs WHO WILL BE MADE AWARE OF THE INFORMATION DISCLOSED ON THE SPR AND ANY UPDATES? The information disclosed on the SPR and any updates will be a public record as defined by Chapter 119, Florida Statutes, and therefore may be inspected by any interested person. Also, the information will be made available to the Mayor and the BCC members. This information will accompany the other information for the principal's project or item. CONCLUSION: We hope you find this FAQ useftil to your understanding of the SPR. Please be informed that in the event of a conflict or inconsistency between this FAQ and the requirements of the applicable ordinance governing specific project expenditure reports, the ordinance controls. Also, please be informed that the County Attorney's Office is not permitted to render legal advice to a principal, his/her authorized agent, or any other outside party. Accordingly, if after reading this FAQ the principal, his/her authorized agent or an outside party has any questions, he/she is encouraged to contact his/her own legal counsel. FORM N FAQS OC CE FORM 2P For Staff Use Only. - Date Submitted FOR PROCUREMENT -RELATED ITEMS (November 5, 2010) Date Updated For use after March 1, 2011 RFP Number Y20-906 -RM RELATIONSHIP DISCLOSURE FORM FOR USE WITH PROCUREMENT ITEMS EXCEPT THOSE WHERE THE COUNTY IS THE PRINCIPAL OR PRIMARY APPLICANT For procurement items that will come before the Board of County Commissioners for final approval, this form shall be completed by the bidder, offerer, quotes or respondent and shall be submitted to the Procurement Division by the bidder, offerer, quoter or respondent. In the event any information provided on this form should change, the applicant must file an amended form on or before the date the item is considered by the appropriate board or body. Part I INFORMATION ON APPLICANT (BIDDER, OFFEROR, QUOTER, PROPOSER, OR RESPONDENT): Legal Name of Applicant: Business Address (Street/P.O. Box, City and Zip Code): Business Phone ( Facsimile ( INFORMATION ON APPLICANT'S AUTHORIZED AGENT, IF APPLICABLE: (Agent Authorization Form also required to be attached) Name of Applicant's Authorized Agent: Business Address (Street/P.O. Box, City and Zip Code): Business Phone ( Facsimile ( FORM O PAGE 1 of 3 OC CE FORM 2P For Staff Use Only: Date Submitted FOR PROCUREMENT -RELATED ITEMS (November 5, 2010) Date Updated For use after March 1, 2011 RFP Number Y20-906 -RM Company Name: Part II IS THE APPLICANT A RELATIVE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES NO IS THE MAYOR OR ANY MEMBER OF THE BCC THE APPLICANT'S EMPLOYEE? YES NO IS THE APPLICANT OR ANY PERSON WITH A DIRECT BENEFICIAL INTEREST IN THE OUTCOME OF THIS MATTER A BUSINESS ASSOCIATE OF THE MAYOR OR ANY MEMBER OF THE BCC? YES NO If you responded "YES" to any of the above questions, please state with whom and explain the relationship: (Use additional sheets of paper if necessary) FORM O PAGE 2 of 3 OC CE FORM 2P F07' Staff Use Only: Date Submitted FOR PROCUREMENT -RELATED ITEMS (November 5, 2010) Date Updated For use after Mareh 1, 2011 RFP Number Y20-906 -RM Company Name: Part III ORIGINAL SIGNATURE AND NOTARIZATION RE, QUIRED I hereby certify that information provided in this relationship disclosure form is true and correct based on my knowledge and belief. If any of this information changes, I further acknowledge and agree to amend this relationship disclosure form prior to any meeting at which the above -referenced project is scheduled to be heard. In accordance with s. 837.06, Florida Statutes, I understand and acknowledge that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor in the second degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes. Date: Signature of Applicant Print Name and Title of Person completing this form: STATE OF FLORIDA ) ss: COUNTY OF 1 The foregoing instrument was acknowledged before me by means of ❑ physical presence, or ❑ online notarization, this day of 20_5 by [NAME OF PERSON], as [TYPE OF AUTHORITY,... e.g. officer, trustee, etc.)] for [NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED]. ❑ Personally Known; OR ❑ Produced Identification. Type of identification produced: [CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. § 117.05] Notary Public My Commission Expires: (Printed, typed or stamped commissioned name of Notary Public) FORM O PAGE 3 of 3 OUNI "RAN, E AGENT AUTHORIZATION FORM I CyFOR PROCUREMENTS IN ORANGE COUNTY, FLORIDA GOVERNMENT /WE, (PRINT PROPOSER NAME DO HEREBY AUTHORIZE TO ACT AS MY/OUR AGENT (PRINT AGENT'S NAME, , TO EXECUTE ANY PETITIONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE CONTRACT APPROVAL PROCESS MORE SPECIFICALLY DESCRIBED AS FOLLOWS, RFP NO. Y20-906-RM, CONTINUING WATER QUALITY PROFESSIONAL SERVICES, AND TO APPEAR ON MY/OUR BEHALF BEFORE ANY ADMINISTRATIVE OR LEGISLATIVE BODY IN THE COUNTY CONSIDERING THIS CONTRACT AND TO ACT IN ALL RESPECTS AS OUR AGENT IN MATTERS PERTAINING TO THIS CONTRACT. Date: Signature of Proposer STATE OF FLORIDA ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence, or ❑ online notarization, this day of 20_, by [NAME OF PERSON], as [TYPE OF AUTHORITY,... e.g. officer, trustee, etc.)] for [NAME OF PARTY ON BEHALF OF WHOM INSTRUMENT WAS EXECUTED]. ❑ Personally Known; OR ❑ Produced Identification. Type of identification produced: [CHECK APPLICABLE BOX TO SATISFY IDENTIFICATION REQUIREMENT OF FLA. STAT. §117.05] Notary Public My Connnission Expires: (Printed, typed or stamped commissioned name of Notary Public) FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT THE RELATIONSHIP DISCLOSURE FORM Updated 6-28-11 WHAT IS THE RELATIONSHIP DISCLOSURE FORM? The Relationship Disclosure Form (form OC CE 2D and form OC CE 2P) is a form created pursuant to the County's Local Code of Ethics, codified at Article XIII of Chapter 2 of the Orange County Code, to ensure that all development -related items and procurement items presented to or filed with the County include information as to the relationship, if any, between the applicant and the County Mayor or any member of the Board of County Commissioners (BCC). The form will be a part of the backup information for the applicant's item. WHY ARE THERE TWO RELATIONSHIP DISCLOSURE FORMS? Form OC CE 2D is used only for development -related items, and form OC CE 2P is used only for procurement -related items. The applicant needs to complete and file the form that is applicable to his/her case. WHO NEEDS TO FILE THE RELATIONSHIP DISCLOSURE FORM? Form OC CE 2D should be completed and filed by the owner of record, contract purchaser, or authorized agent. Form OC CE 2P should be completed and filed by the bidder, offeror, quoter, or respondent, and, if applicable, their authorized agent. In all cases, the person completing the form must sign the form and warrant that the information provided on the form is true and correct. WHAT INFORMATION NEEDS TO BE DISCLOSED ON THE RELATIONSHIP DISCLOSURE FORM? The relationship disclosure form needs to disclose pertinent background information about the applicant and the relationship, if any, between, on the one hand, the applicant and, if applicable, any person involved with the item, and on the other hand, the Mayor or any member of the BCC. In particular, the applicant needs to disclose whether any of the following relationships exist: (1) the applicant is a business associate of the Mayor or any member of the BCC; (2) any person involved with the approval of the item has a beneficial interest in the outcome of the matter and is a business associate of the Mayor or any member of the BCC; (3) the applicant is a relative of the Mayor or any member of the BCC; or (4) the Mayor or any member of the BCC is an employee of the applicant. (See Section 2- 454, Orange County Code.) HOW ARE THE KEY RELEVANT TERMS DEFINED? Applicant means, for purposes of a development -related project, the owner, and, if applicable, the contract purchaser or owner's authorized agent. Applicant means, for purposes of a procurement item, the bidder, offeror, quoter, respondent, and, if applicable, the authorized agent of the bidder, offeror, quoter, or respondent. Business associate means any person or entity engaged in or carrying on a business enterprise with a public officer, public employee, or candidate as a partner, joint venture, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. h1 addition, the term includes any person or entity engaged in or carrying on a business enterprise, or otherwise engaging in common investment, with a public officer, public employee, or candidate as a partner, member, shareholder, owner, co-owner, joint venture partner, or other investor, whether directly or indirectly, whether through a Business Entity or through interlocking Parent Entities, Subsidiary Entities, or other business or investment scheme, structure, or venture of any nature. (See Section 112.312(4), Florida Statutes, and Section 2-452(b), Orange County Code.) Form O FAQS Employee means any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors. (See Section 440.02(15), Florida Statutes.) Relative means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee. (See Section 112.312(21), Florida Statutes.) DOES THE RELATIONSHIP DISCLOSURE FORM NEED TO BE UPDATED IF INFORMATION CHANGES? Yes. It remains a continuing obligation of the applicant to update this form whenever any of the information provided on the initial form changes. WHERE DO THE RELATIONSHIP DISCLOSURE FORM AND ANY SUBSEQUENT UPDATES NEED TO BE FILED? For a development -related item, the Relationship Disclosure Form and any update need to be filed with the County Department or County Division where the applicant filed the application. For a procurement item, the Relationship Disclosure Form and any update need to be filed with the Procurement Division . WHEN DO THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES NEED TO BE FILED? In most cases, the initial form needs to be filed when the applicant files the initial development -related project application or initial procurement -related forms. However, with respect to a procurement item, a response to a bid will not be deemed unresponsive if this form is not included in the initial packet submitted to the Procurement Division . If changes are made after the initial filing, the final, cumulative Relationship Disclosure Form needs to be filed with the appropriate County Department or County Division processing the application not less than seven (7) days prior to the scheduled BCC agenda date so that it may be incorporated into the BCC agenda packet. When the matter is a discussion agenda item or is the subject of a public hearing, and an update has not been made at least 7 days prior to BCC meeting date or is not included in the BCC agenda packet, the applicant is obligated to verbally present such update to the BCC when the agenda item is heard or the public hearing is held. When the matter is a consent agenda item and an update has not been made at least 7 days prior to the BCC meeting or the update is not included in the BCC agenda packet, the item will be pulled from the consent agenda to be considered at a future meeting. WHO WILL REVIEW THE INFORMATION DISCLOSED ON THE RELATIONSHIP DISCLOSURE FORM AND ANY UPDATES? The information disclosed on this form and any updates will be a public record as defined by Chapter 119, Florida Statutes, and may therefore be inspected by any interested person. Also, the information will be made available to the Mayor and the BCC members. This form and any updates will accompany the information for the applicant's project or item. Form O FAQS However, for development -related items, if an applicant discloses the existence of one or more of the relationships described above and the matter would normally receive final consideration by the Concurrency Review Committee or the Development Review Committee, the matter will be directed to the BCC for final consideration and action following committee review. CONCLUSION: We hope you find this FAQ useful to your understanding of the Relationship Disclosure Form. Please be informed that if the event of a conflict or inconsistency between this FAQ and the requirements of the applicable ordinance or law governing relationship disclosures, the ordinance or law controls. Also, please be informed that the County Attorney's Office is not permitted to render legal advice to an applicant or any other outside party. Accordingly, if the applicant or an outside party has any questions after reading this FAQ, he/she is encouraged to contact his/her own legal counsel. Form O FAQS Contract Y20-906-RM NAME OF CONSULTANT: as "Consultant") (referred to herein The undersigned does hereby certify that the above named consultant: 1. Is registered and is using the E-Verify system; or 2. Does not have any employees and does not intend to hire any new employees during the period of time that the consultant will be providing services under the contract and consequently is unable to register to use the E-Verify system; or 3. Employs individuals that were hired prior to the commencement of providing labor on the contract and does not intend to hire any new employees during the period of time that the contractor will be providing labor under the contract, and consequently is unable to use the E-Verify system. The undersigned acknowledges the use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the Consultant provides labor under the contract and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. In accordance with Section 837.06, Florida Statutes, Consultant acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. ` •. ► EvolO FORM P DISLOCATED WORKERS PROPOSED HIRING INFORMATION Section L• To be Submitted with Proposal Firm: Address: Phone Number: Email Address: Number of Individuals to be Hired: Signature of Authorized Representative of Above Firm: Printed Name: Section II: For CareerSource Central Florida Use Only (To be Completed After Contract Award Verification: I certify that the above individuals are dislocated workers Individual Complete Name: 1. 2. 3. 4. *5. *6. CareerSource Central Florida 390 North Orange Avenue, Suite 700 Orlando, Florida 32805 (407) 531-1222 Signature: Printed Name: Date: *CareerSource Participants who do not meet specific job qualifications FORM WR LEASED EMPLOYEE AFFIDAVIT I affirm that an employee leasing company provides my workers' compensation coverage. I further understand that my contract with the employee leasing company limits my workers' compensation coverage to enrolled worksite employees only. My leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured sub -contractors or casual labor exposure. I hereby certify that 100% of my workers are covered as worksite employees with the employee leasing company. I certify that I do not hire any casual or uninsured labor outside the employee leasing arrangement. I agree to notify the County in the event that I have any workers not covered by the employee leasing workers' compensation policy. In the event that I have any workers not subject to the employee leasing arrangement, I agree to obtain a separate workers' compensation policy to cover these workers. I further agree to provide the County with a certificate of insurance providing proof of workers' compensation coverage prior to these workers entering any County jobsite. I further agree to notify the County if my employee leasing arrangement terminates with the employee leasing company and I understand that I am required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement. I certify that I have workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Name of Employee Leasing Company: Workers' Compensation Carrier: A.M. Best Rating of Carrier: Inception Date of Leasing Arrangement: I further agree to notify the County in the event that I switch employee -leasing companies. I recognize that I have an obligation to supply an updated workers' compensation certificate to the County that documents the change of carrier. Name of Contractor: Signature of Owner/Officer: Title: Date: SAMPLE DO NOT USE POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Orange County, Florida c/o Procurement Division 400 E. South Street Orlando, FL 32801 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I A. Section 11— Who is An Insured is amended to include as an additional insured the person(s) or organizations(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. In performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 @Insurance Services Office, Inc., 2012 Page 1 of 1 E► 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Orange County, Florida c/o Procurement Division 400 E. SOUTH STREET ORLANDO, FL 32801 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) The following is added to Paragraph 8, Transfer of Rights of Recovery Against Others To Us of Section IV — Conditions: We waive any right to recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "Products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 @Insurance Services Office, Inc., 2008 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of Person or Organization: Orange County, Florida c/o Procurement Division 400 E. SOUTH STREET ORLANDO, FL 32801 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No. Insured Insurance Company by WC 00 03 13 Effective Policy No. Endorsement © 1983 National Council on Compensation Insurance, Inc. Countersigned