1-RFQ25-009 CMaR New Ocoee Fire Station 38 Facility.pdf

CITY OF OCOEE

REQUEST FOR QUALIFICATIONS

(RFQ) #25-009

CONSTRUCTION MANAGER AT RISK

(CMAR) FOR THE NEW OCOEE

FIRE STATION #38 FACILITY

TOC

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility

TABLE OF CONTENTS

RFQ #25-009

CONSTRUCTION MANAGER AT RISK (CMAR)

FOR THE NEW OCOEE FIRE STATION #38 FACILITY

RFQ DOCUMENTS

Section Page

Legal Advertisement 3

RFQ Instructions & General Terms & Conditions 4 – 23

Summary of Litigation, Addenda, Exceptions, References* 22-23

Forms

Conflict of Interest Disclosure Form* 24

Confidential Disclosure Agreement* 25-26

Company Information and Signature Sheet* 27

Drug-Free Workplace Certification* 28

Certification of Non-segregated Facilities* 29

Certification Regarding Scrutinized Companies’ Lists* 30

Human Trafficking Affidavit* 31

Company Not an Entity of Foreign Country of Concern* 32

Contractor’s E-Verify Affidavit* 33

Performance Bond 34-35

Payment Bond 36-37

Attachments

Attachment “1” – Conceptual Floor Plan (1 page) 38

Attachment “2” – Conceptual Site Plan (1 page) 39

Attachment “3” – Proposed Design Schedule (1 page) 40

Attachment “4” – Proposed CMAR Agreement including Exhibits 41

*Submit with Qualification Package

End Table of Contents

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 3

Request for Qualifications, Legal Advertisement

The City of Ocoee, Florida, (the “City”) is soliciting sealed statements of qualifications for RFQ

#25-009 Construction Manager at Risk for the New Ocoee Fire Station #38 Facility.

Qualification Packages will only be accepted electronically through Euna Procurement f/k/a

Bonfire, a free e-Procurement platform, until 2:00 pm, local time, on September 30, 2025.

Qualification Packages received after that time or through any other method will not be accepted under any circumstances. Qualification Packages that have been timely received will be publicly opened, virtually online and the name of the responding firms read aloud at that time; instructions will be provided at https://www.ocoee.org/959/Public-Bid-Meetings. A Pre-Submittal conference is not scheduled at this time. All questions regarding this RFQ shall be in writing and directed to

Shannon Hopper, CPPB, Purchasing Technician, II, at shopper@ocoee.org AND Alexis Chentouf, Purchasing Technician, at achentouf@ocoee.org, or through the project file on Euna Procurement.

Prospective respondents may secure a copy of the documents required for submitting a qualification package at no charge through the Euna Procurement platform by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information, visit https://www.ocoee.org/323/Purchasing. Prospective respondents will be provided with all information regarding this RFQ, addenda, and changes to the project requirements through the

Euna Procurement Platform. Melanie Sibbitt, City Clerk, Orlando Sentinel, August 31, 2025.

https://www.ocoee.org/959/Public-Bid-Meetings mailto:shopper@ocoee.org mailto:achentouf@ocoee.org https://ocoee.bonfirehub.com/ https://www.ocoee.org/323/Purchasing

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 4

CITY OF OCOEE

REQUEST FOR QUALIFICATIONS “RFQ” #25-009

CONSTRUCTION MANAGER-AT-RISK

FOR THE NEW OCOEE FIRE STATION #38 FACILITY

A. INTRODUCTION AND GENERAL INSTRUCTIONS

1. The City of Ocoee, Florida, in conformance with the Consultants’ Competitive

Negotiations Act (CCNA), Florida Statutes Section 287.055, et seq., and Florida

Statutes Section 255.103, Construction Management or Program Management Entities, et seq., and the policies and procedures of the City of Ocoee (City), is soliciting sealed statements of qualifications from qualified Construction Manager at Risk firms

(CMAR) that will be responsible for construction administration and general contracting services resulting in successful, timely, and economic completion of the

City’s Fire Station #38 Project for the best possible value.

Construction management services shall include but not necessarily be limited to:

a. Pre-construction Phase services, including design and construction document review and recommendations in collaboration with the project design team;

b. Submission of a Guaranteed Maximum Price and Guaranteed Completion Date;

c. Construction Phase services, conditioned upon acceptance of the Guaranteed

Maximum Price and Guaranteed Completion Date offered by the firm.

Interested firms or individuals must be experienced in providing CMAR services for projects of a scope and nature comparable to those described. The construction management entity must have the ability to secure an appropriate surety bond pursuant to s. 255.05, and in conformance with City requirements, and must hold construction subcontracts. Use of qualified subcontractors for specialty work is acceptable. To be considered, the firm or individual shall be a licensed professional in accordance with

Florida State law and be familiar with all applicable State of Florida, St. Johns River

Water Management District, Orange County, and City of Ocoee codes, regulations, and laws. Respondents are to include a copy of all applicable licenses held by firms or subcontractors proposed to perform work.

2. The City intends to award a single contract to one (1) firm deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider the Evaluation Criteria set forth in this RFQ.

3. Prospective Respondents may secure a free copy of the documents required for submitting a statement of qualifications through the Euna Procurement platform by accessing the City’s published solicitation page at https://ocoee.bonfirehub.com. For more information visit https://www.ocoee.org/323/Purchasing. Prospective

Respondents will be provided with all information regarding this RFQ, addenda, and changes to the project requirements through the Euna Procurement platform; there is no charge to use Euna Procurement. Partial sets of documents required for submitting a statement of qualifications will not be issued.

https://ocoee.bonfirehub.com/ https://www.ocoee.org/323/Purchasing

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 5

4. The City ONLY accepts electronic solicitation responses online through the City’s

Euna Procurement platform (f/k/a Bonfire) at https://ocoee.bonfirehub.com.

This link can also be accessed through the City’s website at https://www.ocoee.org/323/Purchasing under the Current Open Solicitations menu.

All submissions for this RFQ MUST be submitted electronically through the Euna

Procurement Platform, submissions received in any other format will not be accepted;

paper, fax, or e-mailed submissions will NOT be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. JavaScript and browser cookies must be enabled.

Registration with Euna Procurement is free and is required prior to submitting a

Response. You will be required to register once you click the “PREPARE YOUR

SUBMISSION” in the solicitation file. It is suggested your company register no later than 24 hours in advance of the submission deadline to ensure proper registration.

Should your company need assistance with registering, please contact the Euna

Procurement Support Desk by emailing support.bonfire@eunasolutions.com. Support by email is provided Monday to Friday from 8:00 a.m. – 8:00 p.m. EST/EDT.

Upon completing the registration with Euna Procurement, Respondents will be able to submit a bid securely, any time before the submission deadline, at https://ocoee.bonfirehub.com by clicking the “PREPARE YOUR SUBMISSION” under the solicitation. An instructional video is provided for an overview of the submission process. Once Respondent’s bid has been submitted, Respondent will receive a date/time stamp confirmation within the Euna Procurement platform and an email from Euna Procurement confirming the submission. Bids submitted on the Euna

Procurement Platform will remain locked and inaccessible by City staff until the submission deadline. Respondents are encouraged to allow ample time to upload and submit their qualification package as the system will automatically lock responses upon the submission deadline. A virtual public bid opening will be held on the date and time indicated in this RFQ. Details on how to access the virtual bid opening will be posted on Euna Procurement once available and will also be posted on the City’s website at https://www.ocoee.org/959/Public-Bid-Meetings.

5. Pre-Submittal Conference: Not scheduled at this time.

6. Deadline for Receipt of Questions: The City will receive questions regarding this

RFQ only through written inquiries directed to Shannon Hopper, CPPB, Purchasing

Technician, II, at shopper@ocoee.org with a copy to Alexis Chentouf, Purchasing

Technician, at achentouf@ocoee.org, or through the project file on Euna Procurement.

The deadline for receipt of questions is September 23, 2025, at 2:00 p.m., local time.

Questions received after that time may not be answered. Any clarifications/changes will be made by way of written addenda only, issued by Purchasing and posted on Euna

Procurement.

7. Prospective Respondents should not contact City staff, with the exception of the

Purchasing Technician, members of the Ocoee City Commission or other City consultants for information regarding this RFQ before the award date. Any contact with any other member of City Staff, City Commission, or its Agents during the solicitation, award, and protest period may be grounds for disqualification.

https://ocoee.bonfirehub.com/ https://www.ocoee.org/323/Purchasing mailto:support.bonfire@eunasolutions.com https://ocoee.bonfirehub.com/ https://www.ocoee.org/959/Public-Bid-Meetings mailto:achentouf@ocoee.org

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 6

8. Each qualifications package should consist minimally of a cover letter, statement of qualifications, conflict of interest disclosure form, and company information form

(attached at the end of these instructions). Respondents should also include a copy of all applicable licenses held by the CMAR and key staff/project team proposing to perform the work. Qualification packages should be limited to a total of fifty (50) 8.5”x

11” pages (required forms are excluded from page count), single-sided, portrait orientation, 12-point font if possible. Additional requirements are included in the

Submittals section of this RFQ. Any qualifications package failing to conform to these specifications is subject to rejection. The person signing the signature sheet on behalf of the respondent must have the legal authority to bind the respondent to the submitted qualification package and shall be understood to do so. All expenses for providing a qualification package to the City in response to this RFQ shall be borne by the

Respondent.

9. Submission Deadline: Respondents shall submit one (1) complete electronic copy of their qualification package on the Euna Procurement Platform. Qualification packages must be received by Euna Procurement no later than 2:00 p.m., local time, on

September 30, 2025. A virtual public bid opening will be held at approximately

2:01 p.m. or as soon thereafter as possible. Any attempt to submit a qualification package after the submission deadline will not be accepted under any circumstances.

Any uncertainty regarding the time a qualification package is received will be resolved against the Respondent. It shall be the sole responsibility of the Respondent to have the qualification package uploaded and submitted on the Euna Procurement Platform prior to the due date and time.

10. Action on qualification packages is expected to be taken by the City Commission within ninety (90) days of the submission opening date; however, no guarantee or representation is made herein as to the time between receipt of the qualification package and subsequent City Commission action. A more detailed schedule is given below.

11. All applicable laws and regulations of the United States, the State of Florida, and the

City of Ocoee will apply to any resulting Agreement. The provisions of the

Consultant’s Competitive Negotiations Act (Section 287.055, Florida State Statutes) and the provisions of Section 255.103, Florida State Statutes shall apply, where applicable.

12. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims.

13. CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME): A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on an award to provide any goods or services to a public entity, may not submit a proposal on an award with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a

Contractor, Supplier, Subcontractor, or Consultant under a award with any public entity, and may not transact business with any public entity in excess of the threshold

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 7 amount provided in section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida Statute 287.133 (2)

(a).]

14. FLORIDA PUBLIC RECORDS LAW: In accordance with Chapter 119 of the Florida

Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Respondents should be aware that the proposal and the responses thereto are in the public domain and are available for public inspection. Respondents are requested, however, to identify specifically any information contained in their proposal which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received in response to this request of proposal become the property of the City of Ocoee and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.

15. PUBLIC RECORDS COMPLIANCE. The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes. Contractor agrees to comply with Florida’s

Public Records Law. Specifically, Contractor shall:

1. Keep and maintain public records required by City to perform the service.

2. Upon request from the City’s custodian of public records, provide City 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 chapter 119, Florida

Statutes, 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 Contractor does not transfer the records to City.

4. Upon completion of the contract, Contractor agrees to transfer at no cost to City all public records in possession of Contractor or keep and maintain public records required by City to perform the service. If Contractor transfers all public record to City upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If

Contractor keeps and maintains public records upon completion of the contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology systems of City.

5. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO

THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT 407-905-3105, CCDL@OCOEE.ORG,

WITH AN OFFICE LOCATED AT 1 N. BLUFORD AVENUE,

OCOEE, FLORIDA 34761.

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 8

16. PATENT INDEMNITY: Except as otherwise provided, the successful respondent agrees to indemnify the City and its officers, agents, and employees against liability, including costs and expenses for infringement upon any letters patent of the United

States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City or supplies furnished or construction work performed hereunder, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Respondent and persons employed or utilized by the Respondent in the performance of the construction contract.

Further, the Respondent shall fully indemnify, defend, and hold harmless the City and its officers, agents, and employees from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, unpatented invention, or intellectual property right. If the Respondent uses any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood without exception that the bid price shall include all royalties or cost arising from the use of such design, device, or materials.

17. The City reserves the right to accept or reject any or all proposals, to waive formalities, technicalities or irregularities, to request clarification of information submitted in any proposal, or to re-advertise for new proposals. The City may accept any item or group of items of any proposal, unless the Respondent qualifies its proposal by specific limitations. The City may accept one or more proposals if, in the City’s discretion, the

City determines that it is in the City’s best interest to do so.

The City reserves the right to award the contract to the Respondent which, in the City’s sole discretion, is the most responsive and responsible Respondent The City reserves the right, as an aid in determining which proposal is responsible, to require a

Respondent to submit such additional evidence of Respondent’s qualifications as the

City may deem necessary, and may consider any evidence available to the City of the financial, technical, and other qualifications and abilities of a Respondent, including past performance (experience) with the City and others. The City Commission shall be the final authority in the selection of any and all proposals.

18. Competitively Bid Self-Performed Work

If Construction Manager chooses to submit its own bid to perform a certain portion of the Work, Construction Manager shall provide advance notice to Owner and use commercially reasonable efforts to solicit and disclose to Owner a minimum of three

(3) competitive and obtainable subcontractor bids (two (2) of which shall be local subcontractors) obtained after Construction Manager submits its bid to Owner in good faith that will be equitably compared with Construction Manager’s dollar amount for the same scope of Work to allow Owner to determine which would be in the Owner’s best interests, unless a different process is mutually agreed upon by Owner and

Construction Manager. Should a minimum of three (3) competitive bids not be achieved, the Owner may reject the Construction Manager’s bid or the Construction

Manager at the Owner’s option may self-perform the scope of Work under a GMP not-to-exceed amount equal to the Construction Manager’s bid. Construction Manager’s bid amount shall be submitted to Owner no later than the day before the Subcontractor bids are disclosed to Construction Manager and/or Owner. In connection with

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 9 determining which bid is in the Owner’s best interests, after receipt of all bids, but before making a decision on which bid will be accepted, Owner will discuss with

Construction Manager the impact of accepting each such bid on the project schedule, the project cost, and the Construction Manager’s business model.

19. PERFORMANCE AND PAYMENT BONDS:

a. The Successful Respondent shall furnish the City with a State of Florida 100%

Performance and a 100% Payment Bond written by a Surety Company acceptable to the City. Surety companies executing bonds shall be duly insured by an insurer or corporate surety and signed by a licensed agent who holds a current Power of

Attorney from the surety company issuing the bond. The attached Performance and Payment Bond Forms shall be used.

b. The cost of the Payment and Performance Bonds shall be borne by the Successful

Respondent. The bonds shall be accompanied by duly authenticated or certified documents, in duplicate, evidencing that the person executing the Bonds in behalf of the Surety had the authority to do so on the date of the bonds. The date of the certification cannot be earlier than the Agreement.

20. CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION: Respondent declares by submission of a qualification package that the only persons, or parties interested in their bid are those named herein, that this bid is, in all respects, fair and without fraud and that it is made without collusion with any other vendor or official of the City of Ocoee. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity’s submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project.

Respondent certifies that no City Commissioner, other City Official or City employee directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or indirectly benefit by the profits or emoluments of this proposal. (For purposes of this paragraph, indirect ownership or benefit does not include ownership or benefit by a spouse or minor child.)

Respondent certifies that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking an elected position with the City. In the event that a conflict of interest is identified in the provision of services, the Respondent agrees to immediately notify the City in writing. Submit attached form with Proposal.

Respondent further declares that a careful examination of the Scope of Services, instructions, and terms and conditions of this bid has occurred, and that the bid is made according to the provisions of the bid documents, and will meet or exceed the scope of services, requirements, and standards contained in the Bid documents.

Respondent agrees to abide by all conditions of the negotiation process. In conducting negotiations with the City, Respondent offers and agrees that if this negotiation is accepted, Respondent will convey, sell, assign, or transfer to the City all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 10

Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to Respondent. The bid constitutes a firm and binding offer by

Respondent to perform the services as stated.

21. DRUG-FREE WORKPLACE: Provide a statement concerning Respondent’s status as a Drug-Free Workplace or evidence of an implemented drug-free workplace program.

Submit attached form with Proposal.

22. CERTIFICATION OF NON-SEGREGATED FACILITIES: Respondent certifies that

Respondent does not and will not maintain or provide for Respondent’s employees any segregated facilities at any of Respondent’s establishments and that Respondent does not permit Respondent’s employees to perform their services at any location, under

Respondent’s control, where segregated facilities are maintained. Respondent agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term “segregated facilities” means any waiting room, work areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking facilities provided for employees which are segregated on the basis of race, color, religion, national origin, habit, local custom, or otherwise. Respondent agrees that (except where Respondent has obtained identical certification from proposed contractors for specific time periods)

Respondent will obtain identical certifications from proposed subcontractors prior to the award of such contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that Respondent will retain such certifications in Respondent’s files. Submit attached form with Proposal.

The non-discriminatory guidelines as promulgated in Section 202, Executive Order

11246, and as amended by Executive Order 11375 and as amended, relative to Equal

Opportunity for all persons and implementations of rules and regulations prescribed by the U.S. Secretary of labor, are incorporated herein.

23. PUBLIC ENTITY CRIME STATEMENT:

All invitations to bid, requests for proposals, and invitations to negotiate, as defined in

s. 287.012, and any contract document described by s. 287.058 shall contain a statement informing persons of the provisions of (2)(a) of Section 287.133, Florida Statutes, which reads as follows:

“A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of 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, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

All Respondents that submit a Proposal or a Bid to the City of Ocoee guarantee they

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 11 have read the above statement and by signing the submitted documents are qualified to do so under Section 287.133 (2)(a), Florida Statutes.

24. SCRUTINIZED COMPANIES: Respondent certifies that the company is not participating in a boycott of Israel. Respondent certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with activities in the

Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the

Florida Statutes. In the event that Respondent is unable to provide such certification but still seeks to be considered for award of this solicitation, Respondent shall, on a separate piece of paper, clearly state that it is on one or both of the Scrutinized

Companies lists and shall furnish together with its proposal a duly executed written explanation of the facts supporting any exception to the requirement for certification that it claims under Section 287.135 of the Florida Statutes. Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to determine whether the claimed exception would be applicable. The City shall have the right to terminate any contract resulting from this solicitation for default if Respondent is found to have submitted a false certification, or to have been placed on the Scrutinized

Companies that Boycott Israel List, or to have been placed on the Scrutinized

Companies for Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. Submit attached form with Proposal.

25. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

26. HUMAN TRAFFICKING: Pursuant to Florida Statute, §787.06(13), when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in §787.06(2)(a) Florida Statutes. Submit attached affidavit with Proposal.

27. FOREIGN COUNTRIES OF CONCERN: Pursuant to Florida Statute 287.138(4)(a), a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Florida Statute

287.138(2)(a)-(c). Submit attached affidavit with Proposal.

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 12

28. E-VERIFY REGISTRATION AND USE: By entering into the Contract, the awarded

Contractor is obligated to comply with the provisions of § 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify

System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an alien unauthorized to work in the

USA. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontractor must be terminated immediately. If the Contract is terminated pursuant to Section 448.095, Fla. Stat., such termination is not a breach of contract and may not be considered as such. Any challenge to termination under this provision must be filed in the Ninth Judicial Circuit Court of

Florida no later than 20 calendar days after the date of termination. If the Contract is terminated for a violation of Section 448.095 Fla. Stat., by the Contractor, the

Contractor shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Nothing in the E-Verify Certification shall be construed to allow intentional discrimination of any class protected by law.

A. Pursuant to section 448.095, Florida Statutes, Contractor shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e-verify.uscis.gov/emp, to verify the work authorization status of all

Contractor employees hired on and after January 1, 2021.

B. Subcontractors

(i) Contractor shall also require all subcontractors performing work under this

Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement.

(ii) Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes.

(iii) Contractor shall maintain a copy of all subcontractor affidavits for the duration of the Agreement.

C. Contractor must provide evidence of compliance with section 448.095, Florida

Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify.

D. Failure to comply with this provision is a material breach of the Agreement, and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable.

Submit attached affidavit with Proposal.

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 13

29. PAYMENT TERMS:

Payment will be based upon monthly applications for payment properly submitted by the Contractor to the Owner and based upon the percentage of work complete.

Retainage shall be five (5) percent of work to date based on the progress payment, including all change orders. All retainage amounts shall be paid when the work is complete, unless otherwise stated in the contract. Payment for all applications for payment for work properly completed shall be made, not later than the Twenty-fifth

(25th) business day after the date on which the properly submitted Application For

Payment is initially received by the Owner.

No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the City in the quality and quantity ordered.

Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available.

The City expects the CMAR to administer an Owner Direct Purchase program to save applicable taxes. The City of Ocoee, Florida has the following tax exemption certificates assigned:

• Florida Sales & Use Tax Exemption Certificate No. 85-8013779974C-0; and

• Pursuant to Chapter 212, Florida Statutes, the City is exempt from federal excise, state, and local sales taxes.

30. SAFETY REQUIREMENTS:

Respondent guarantees that the services to be performed and the goods to be provided herein, shall comply with all applicable federal, state and local laws, ordinances, regulations, orders and decrees, including without limitation such of the following acts as may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor

Standards Act, Occupational Safety and Health Act, Federal Hazardous Substances

Labeling Act, Federal Flammable Fabrics Act, and any applicable environmental regulations.

a. All contractors are required to comply with the Congressional Federal Register

(CFR) of the U.S. Department of Labor, Occupational Safety and Health

Administration (OSHA) Construction Industry, Part 1926, and CFR 1910, General

Industry Standards, that are applicable in construction work.

b. The prime contractor is not only responsible for the safety aspects of his operation and employees, but also that of all subcontractors on the job site.

c. Assure that a certified first aid person is designated, phone numbers of physicians, hospital and ambulance services are posted (copy to Personnel Director, City of

Ocoee) and that a first aid kit is available.

d. All individuals are required to wear hard hats on all construction sites.

e. Provide personal protective equipment that may be required for jobs in progress

(e.g.: hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.).

f. Observe the speed limit on City property.

g. Construction areas cleaned daily; excavations must be barricaded or flagged until backfilled. In some cases, bracing, shoring and sloping may be required.

h. Scaffolds shall have guard rails on all open sides and secured to prevent

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 14 displacement.

i. Powder actuated stud guns or low velocity and/or similar powder actuated tools require eye and ear protection as well as to ensure that all unauthorized personnel are well clear.

j. Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided and combustible materials cleaned up.

k. All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom angle indicator, (c) load chart, (d) reeving, (e) fire extinguisher, (f) condition of hook and other items in accordance with OSHA 1926.550 and ANSI B30.5.

l. Construction material shall not be stored so as to block exits.

m. Ground fault circuit interrupters are required on all electrical circuits not part of the permanent wiring of the building.

n. Personal fall protection must be provided at elevations exceeding ten (10) feet.

o. Per City Ordinance, any Contractor using construction dumpsters within the

City of Ocoee must obtain these services through the City’s Franchisee.

B. INSURANCE TERMS AND CONDITIONS

The successful respondent shall be required to provide evidence of General (Public &

Property) Liability Insurance in the form of a certificate of insurance issued on behalf of the

City of Ocoee and naming the City as an additional insured, by companies acceptable to the

City at the minimum limits and coverages listed below with deductible amounts acceptable to the City. The selected Contractor shall not commence any work in connection with an

Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Policies other than Workers’ Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best’s Rating of “A” or better and a Financial Size Category of “VII” or better according to the A.M. Best

Company. Policies for Workers’ Compensation may be issued by companies authorized as a group self-insurer by Chapter 440, Florida Statutes.

1. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Contractor and/or subcontractor providing such insurance.

2. Workers’ Compensation Insurance: The Contractor shall obtain during the life of this

Agreement, Worker’s Compensation Insurance with Employer’s Liability Limits of

$500,000/$500,000/$500,000 for all the Contractor’s employees connected with the work of this project and, in the event any work is sublet, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the

Contractor. Such insurance shall comply fully with the Florida Workers’ Compensation

Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers’ Compensation statute, the Contractor shall provide, and cause each subcontractor to provide adequate insurance, satisfactory to the

City, for the protection of the Contractor’s employees not otherwise protected. Include

Waiver of Subrogation in favor of the City of Ocoee.

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 15

3. Contractor’s Public Liability and Property Damage Insurance: The Contractor shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the

Contractor and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor, and the amounts of such insurance shall be the minimum limits as follows:

4. Automobile Bodily Injury Liability & Property Damage Liability

• $1,000,000 Combined single limit per occurrence (each person, each accident)

• All covered automobile will be covered via symbol 1

• Liability coverage will include hired & non-owned automobile liability

• Include Waiver of Subrogation in favor of The City of Ocoee

5. Comprehensive General Liability (Occurrence Form) - This policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the

Contractor is primary and non-contributory.

• $2,000,000 GENERAL AGGREGATE

• $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE

• $1,000,000 PER OCCURRENCE

• $1,000,000 PERSONAL & ADVERTISING INJURY

• Include Waiver of Subrogation in favor of the City of Ocoee

6. Subcontractor’s Comprehensive General Liability, Automobile Liability and Worker’s

Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor’s policy, as specified above.

7. Owner’s Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured’s liability that arises out of operations performed for the named insured by independent contractors and are directly imposed because of the named insured’s general supervision of the independent contractor. The

Contractor shall procure and furnish an Owner’s Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.

8. Contractual Liability: If the project is not bonded, the Contractor’s insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE:

PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY

INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED.

• $1,000,000 PER OCCURRENCE

• $2,000,000 AGGREGATE

Commercial Umbrella:

• $5,000,000

Builders Risk:

• $5,000,000

9. Certificates of Insurance: Certificate of Insurance Form (see sample on following page), naming the City of Ocoee as an additional insured will be furnished by the Contractor

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 16 upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show:

• The name of the Insured Contractor, the name of the insurer, the number of the policy, its effective date, and its termination date.

• Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premium.

Note: Certificate Holder section on COI is to be listed as follows:

City of Ocoee 1 N. Bluford Avenue Ocoee, FL 34761

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 17

C. SCOPE OF SERVICES

The CMAR selected for the work will provide:

1. Pre-construction services including thorough document review and identification for constructability, completeness, redundancies, gaps, the development of cost containment strategies, value engineering, and development of design phase estimate and preparation of a Guaranteed Maximum Price (GMP) and Guaranteed Delivery

Date.

2. Construction phase administration, including all scheduling and construction phasing of the work, coordination with the other development work that may be concurrently occurring adjacent to the work site, general contracting services (for all trades and including self-performance of work at the CMAR's option and with City approval), coordination with private and public utilities, securing of all required local construction permits (there is no cost for City-issued permits), and administration of an Owner-Direct Purchase program to save applicable taxes.

CITY OF OCOEE, FLORIDA

REQUEST FOR QUALIFICATIONS (RFQ) # 25-009

CONSTRUCTION MANAGER-AT-RISK FOR THE NEW

OCOEE FIRE STATION #38 FACILITY

The City of Ocoee is seeking the services of firms interested in providing Construction Manager services for the new Ocoee Fire Station #38 Facility. The new Fire Station #38 facility will be a new approximately 7,500 sf, 3-bay fire station located on N. Lakewood Ave between 2nd Ave and

Banyan Blvd. The City has retained JL2 Architecture, LLC to prepare the design and construction documents for this project. The estimated budget for this project is $5,000,000 and construction is expected to begin on or after April 2026.

This project will require all general construction services necessary to complete site improvements and the new Fire Station #38 Facility.

SCOPE OF SERVICES

The scope of services shall consist of, but not be limited to:

▪ Construction of a new approximately 7,500 sf, 3-bay fire station facility and related site improvements at property.

o The site shall be laid out as a secure, 24-hour facility with public and staff parking.

o The new Fire Station facility shall comply with Florida Building Code, National

Fire Protection Association (NFPA), National Electric Code (NEC), FBC

Accessibility Code, City of Oviedo land development code, applicable codes and standards. The facility shall accommodate future growth.

Part A – Preconstruction Phase:

▪ Attend project meetings, workshops, and council meetings.

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 18

▪ Conduct field investigations and prepare reports.

▪ Review phase design submissions to evaluate cost and construction considerations.

▪ Work closely with the City’s Architect/Engineer consultant, under separate contract with the City, in developing feasibility and cost scenarios to assist City staff with a capital improvements estimate recommendation to City Council for the Public Fire

Station project.

▪ Make recommendations regarding alternative construction materials, methods, or concepts that may be of benefit to the City.

▪ Review A/E consultant’s submittals and make recommendations relating to cost, constructability, and other such technical and economical characteristics of a particular design or material selection.

▪ Provide cost estimates for each progressive design phase.

▪ Submit detailed cost estimates, critical path method calendar schedules, and reports at phased levels of Architect/Engineer plans completion.

▪ Solicit, schedule, and lead pre-bid meetings.

▪ Solicit and evaluate subcontractor qualifications.

▪ Prepare subcontractor bid packages utilizing Architect/Engineer consultant drawings and specifications.

▪ Solicit and evaluate subcontract bids.

▪ Develop bid alternatives and value engineering options to meet established construction budget.

Part B – Construction Phase: Construction Management General Contracting services for construction of the Project per the attached contract for Construction Manager at Risk attached and the Guaranteed Maximum Price Proposal as required in the attached contract documents.

D. SUBMITTALS

Qualifications packages shall be designed to portray to the City how the respondent’s services can best match the knowledge, skills, and abilities suggested by the anticipated

Scope of Services given above. Interested firms or individuals must be experienced in providing CMAR services and shall be a licensed General Contractor in the State of

Florida in good standing. Use of qualified subcontractors for specialty work is acceptable and expected. To be considered, the firm or individual must be familiar with all applicable

State of Florida, St. Johns River Water Management District, Orange County, and City of

Ocoee codes, regulations, and laws. Please include a copy of all applicable licenses held by the CMAR firm and project team proposed to perform work.

In order for the City to evaluate the qualification package, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the

RFQ #25-009 CMAR for the New Ocoee Fire Station #38 Facility 19

City. The required submission materials include the following:

I. CMAR’s Qualifications

• List of CMAR’s key employees/project team members, their qualifications/resumes, and their role in providing the desired City services.

• CMAR’s and key employee’s/project team members’ certifications and licenses with regulatory agencies, professional organizations, etc.

• Provide a project staff organization chart for the entire CMAR team. Identify your

Preconstruction team, include the anticipated time commitment provided by each during the preconstruction phase.

• Similarly, identify your key staff members on your Construction team, include the anticipated time commitment provided by each during the Construction phase.

• List of CMAR’s current or recent successfully completed similar projects within the past five (5) years with other public or private agencies which illustrates the experience of the CMAR.

• List of at least three (3) client references to include organization name, contact person, telephone number (s), and e-mail address.

• Current and projected workload of the CMAR, provide project and client names and project commencement and projected completion dates, and construction dollar value of the project.

• Project Approach: Briefly describe the CMAR’s understanding of the project and how the CMAR would…