RFP26-0408_Construction_Manager_@Risk_for_DTO_Action_Plan.pdf

Rev: 04-20-2026

Mayor Chief Procurement Officer Buddy Dyer David Billingsley, CPSM, C.P.M.

CITY OF ORLANDO

REQUEST FOR PROPOSALS (RFP)

DATE OF ISSUE: May 4, 2026

RFP DUE DATE: June 4, 2026

RFP DUE TIME: 2:00 p.m., Local Time, City of Orlando, FL

RFP DELIVERY LOCATION: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801

RFP TITLE: CONSTRUCTION MANAGER AT RISK FOR DOWNTOWN

ORLANDO (DTO) ACTION PLAN PROJECTS.

RFP NO: RFP26-0408

(RFP NUMBER MUST BE PLACED ON FRONT OF

PACKAGE)

THIS IS NOT AN ORDER

DIRECT ALL INQUIRIES TO: Silvia Coste, CPP, Senior Procurement Agent Phone: (407) 246-2216 Email: silvia.coste@orlando.gov

BUSINESS NAME & ADDRESS: CONTACT INFORMATION:

Business Name Name of Contact Individual

Address Contact Address

City, State, Zip Contact City, State, Zip

Telephone Number Contact Telephone Number

Business Email Address Contact Email Address

Construction Manager at Risk for Downtown Orlando (DTO) Action Plan Projects RFP26-0408

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REQUEST FOR PROPOSALS INFORMATION

1. There are currently two Internet sites available to obtain RFP Selection Committee rankings, Notice of Intended Action for award and other information:

A. The City of Orlando Procurement and Contracts Division’s Website:

http://www.orlando.gov/procurement/solicitations/ If you are interested in obtaining solicitation information, copy and paste the above link into your web browser and click on View Current Bids. Please remember that you must keep your registration information up to date in order to continue to receive notifications of bidding opportunities that meet your commodity code selections.

B. Direct link to the City’s E-Procurement Portal:

https://procurement.opengov.com/portal/orlando.

2. You may visit the Procurement and Contracts Division to obtain award information, solicitation packages, addendums, and other documents. Our office is located at:

City of Orlando

Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor

Orlando, Florida 32801

3. You may also call the Procurement and Contracts Division at (407) 246-2291, during normal business hours, to request award and other solicitation related information.

We appreciate your interest in doing business with the City Beautiful and wish you much success with your business ventures.

http://www.orlando.gov/procurement/solicitations/ https://procurement.opengov.com/portal/orlando.

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TABLE OF CONTENTS

Page

REQUEST FOR PROPOSAL INFORMATION……………………………………………2

REQUEST FOR PROPOSAL……………………………………………………………….6

1.0 DESCRIPTION OF PROJECT

2.0 BACKGROUND AND STATISTICAL INFORMATION

3.0 TERM OF CONTRACT

4.0 PROPOSAL SCHEDULE

5.0 MANDATORY MINIMUM QUALIFICATIONS

6.0 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS

7.0 PRE-PROPOSAL CONFERENCE

8.0 PROPOSAL DUE DATE AND TIME……………………… ..... ………………….……..12

9.0 PROPOSAL PREPARATION AND FORMAT…………… ..... ……………………..…...13

10.0 REQUIRED PROPOSAL SUBMITTALS

11.0 DELIVERY OF PROPOSALS

12.0 CONFORMANCE TO SOLICITATION

13.0 EVALUATION CRITERIA

14.0 PROPOSAL ADVISORY COMMITTEE AND EVALUATION PROCESS

15.0 QUESTIONS REGARDING SOLICITATION OR PROPOSAL PROCESS

16.0 ADDITIONAL INFORMATION

17.0 ADDENDUM TO REQUEST FOR PROPOSALS

18.0 APPLICABLE LAW

19.0 CONTRACT

20.0 EXECUTION OF CONTRACT

21.0 E-VERIFY

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22.0 RIGHT TO AUDIT RECORDS

23.0 FISCAL YEAR FUNDING APPROPRIATION

24.0 PUBLIC ENTITY CRIMES

25.0 PROMPT PAYMENT ACT

26.0 INVOICES

27.0 DISPUTE RESOLUTION

28.0 PROPOSER’S GUARANTEE

29.0 INSURANCE / PERFORMANCE BONDS

30.0 FLORIDA SALES TAX

31.0 DRUG-FREE WORKPLACE CERTIFICATION

32.0 AMERICANS WITH DISABILITIES ACT

33.0 RECIPROCAL LOCAL PREFERENCE

34.0 PURCHASING CONTRACTS WITH OTHER GOVERNMENT AGENCIES

35.0 FOREIGN CORPORATION

36.0 SUBCONTRACTORS

37.0 PURCHASING CARD PROGRAM

38.0 LIVING WAGE POLICY

39.0 AFFILIATED AGENCIES………………………………………………………………...35

40.0 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR

IDEOLOGICAL INTEREST IN GOVERNMENT CONTRACTING…………..……35

41.0 SOFTWARE LICENSES

42.0 GOVERNING LAW/VENUE

43.0 RECOVERED MATERIALS

44.0 DAVIS BACON

45.0 HUMAN TRAFFICKING AFFIDAVIT

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46.0 PROHIBITION – CONTRACTING WITH SCRUTINIZED COMPANIES

EXHIBITS

EXHIBIT “1” – THE CONTRACT

EXHIBIT “2” ADDITIONAL SCOPE…………………………………………………………85

ATTACHMENTS

ATTACHMENT “A” – PROPOSER’S CERTIFICATION

ATTACHMENT “B” – CONFLICT OF INTEREST DISCLOSURE FORM

ATTACHMENT “C” – CERTIFICATION REGARDING PROHIBITION AGAINST

CONTRACTING WITH SCRUTINIZED COMPANIES……………………………… 91

ATTACHMENT “D” – CONFIDENTIAL AND/OR PROPRIETARY INFORMATION

EXEMPTION FORM

ATTACHMENT “E” – REFERENCES

ATTACHMENT “F” – VETERAN BUSINESS ENTERPRISE PARTICIPATION……

ATTACHMENT “G” – HUMAN TRAFFICKING AFFIDAVIT FORM

ATTACHMENT “H” – QUESTIONNAIRE

ATTACHMENT “I” – CMAR PRICE PROPOSAL

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REQUEST FOR PROPOSALS

The City of Orlando (City), Florida, will receive sealed proposals through OpenGov for RFP26-0408 Construction Manager at Risk for Downtown Orlando (DTO) Action Plan Projects, on June 4, 2026 at 2:00 PM local time.

Plans, Specifications & Contract Documents will be open to public inspection on May 4, 2026. Documents can be downloaded from the City’s OpenGov website at the following web link:

https://procurement.opengov.com/portal/orlando. If you have any questions, you can contact the Procurement and Contracts Division at 407-246-2291.

It will be the responsibility of the proposer to contact the Procurement and Contracts Division, or visit https://procurement.opengov.com/portal/orlando prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. The CITY is under no obligation to respond to questions received after the cut-off day for questions specified in this section.

A Non-Mandatory Pre-Proposal Teleconference will be held on May 14, 2026 at 10:00 a.m., via MS Teams, the conference line number is +1 321-247-7568, 434582130#. You must press the # key immediately after entering the id number.

Prime Contractors must be appropriately licensed Florida Contractors pursuant to Chapter 489 Florida Statutes to be considered responsible bidders and eligible to be awarded a contract. Prime Contractor or it's sub-contractor must be FDOT Pre-qualified per Rule Chapter: 14-22 CONTRACTORS - HIGHWAY, in excess of $250,000, in at least the following Key work classes:

• 7. DRAINAGE

• 10. FLEXIBLE PAVING

• 11. GRADING+

• 28. PAVEMENT MARKING

• 18. LANDSCAPING

• 39. TRAFFIC SIGNAL

• 40. CURBS AND 40. SIDEWALKS.

All questions about the meaning/intent of the Plans & Contract Documents must be submitted in writing before 5:00 p.m. Local Time May 21, 2026, to Silvia Coste, CPP, Senior Procurement Agent, Silvia.coste@orlando.gov.

Procurement and Contracts Division, 400 S. Orange Ave., 4th Floor, Orlando, Florida 32801.

Proposers must be appropriately licensed Florida Contractors pursuant to Chapter 489 Florida Statutes to be considered responsible and eligible to be awarded a contract.

The Construction Manager at Risk shall comply with the City requirements which include, but are not limited to, Veteran Business Enterprise (VBE), Living Wage Policy, and Responsible Contractor’s Policy.

Responsible Contractor’s Policy

For contracts with an estimated value of at least $100,000, Proposers will be required to comply with the City of Orlando’s Responsible Contractor’s Policy, which requires that Proposer pay its workers and require its Subcontractors to pay their workers on this Project an hourly wage, based on classification for the Orlando region established by the Davis-Bacon Act (hereinafter “hourly wage”). The Wage Determination for this Project can be found at www.beta.SAM.gov. The applicable county is Orange County, and the construction type is: Highway

(FL20260262; 01/02/2026).

https://procurement.opengov.com/portal/orlando https://procurement.opengov.com/portal/orlando tel:+13212477568,,902064411 mailto:Silvia.coste@orlando.gov

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The City reserves the right to waive any irregularities, to reject any or all proposals, or to re-advertise.

Awards, if made, will be to the responsible respondent whose proposal is determined to be the most advantageous to the City, taking into consideration the evaluation criteria set forth in the solicitation

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REQUEST FOR PROPOSALS FOR

RFP26-0408 CONSTRUCTION MANAGER AT RISK FOR

DOWNTOWN ORLANDO (DTO) ACTION PLAN PROJECTS

1.0 DESCRIPTION OF PROJECT:

The City of Orlando (City/Owner) requests Proposals from interested and qualified Proposers to provide Construction Manager at Risk (CMAR) services to the City for the DTO Action Plan Projects. The DTO Action Plan Projects span multiple City Right-of- Way within Downtown Orlando.

The Project, which is being designed and will be constructed by the City of Orlando and Community Redevelopment Agency (CRA) consists of an estimated $130 Million.

Downtown Orlando must be a sustainable, highly connected, one-of-a-kind downtown that is brimming with opportunity for all. The physical characteristics of a Downtown are essential to this success, and no quality is more important than a walkable environment and a place where people safely and then joyously engage in the civic life of the City.

Downtown Orlando is a place with regional significance with a destination that has large-scale cultural venues and strong regional access. Neighborhoods that have a unique identity and attract people for unique experiences. Clusters of people use Downtown on a daily, monthly, and annual basis to live, work, socialize, learn, and thrive – like the area around Lake Eola, along Pine Street, and Creative Village .

The DTO Action Plan is deploying a series of projects that will physically impact a person’s experience in Downtown Orlando. In the following studies, we have begun to envision the impacts that could be made to allow people to thrive, live, work, and connect.

These visions have been advanced into more developed design solutions that embrace the big ideas and strategies of the DTO Action Plan.

2.0 BACKGROUND AND STATISTICAL INFORMATION:

Downtown’s transformation will be driven by the sequencing of a key set of capital improvements projects summarized below.

Please refer to the following scope of work added separately to proposal, for the complete Scope of Work (SOW). These materials outline all relevant details, specifications, and deliverables associated with this project.

A. Scope of Work Exhibit “2”

1. Orange Avenue SOW

2. Rosalind Avenue SOW

3. Magnolia Avenue SOW

4. North Quarter (Orange Avenue & Magnolia Avenue) SOW

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5. Church Street SOW

6. Livingston Corner Park SOW

7. DTO Proposed Design Schedule

8. General Requirements Design

9. Universal Streetscapes

10. North Quarter Analysis Study Area

11. DTO Action Plan

3.0 TERM OF CONTRACT:

The services for DTO Action Plan Projects will be contracted under a single entity known as a Construction Manager at Risk (CMAR). The CMAR is responsible for providing a guaranteed maximum price (GMP). The guaranteed maximum price includes, but is not limited to, the CMAR’s fee, the General Conditions and the Cost of the Work, insurance, bonds, contingency and all other related costs.

The CMAR Agreement (“Agreement”) is attached as Exhibit “1” and is incorporated by reference herein. The applicable GMP Addendum will be negotiated between the parties at a later date. The CMAR’s Fee shall be a percentage of the cost of the Work. The Fee will include the profit, overhead and expenses as described in Article 8.1.3 of the CMAR Agreement. The Contractor’s main office personnel and expenses shall be included in the fee.

The CMAR may self-perform a portion of the work for any item listed on the estimate or GMP breakdown. The City may require that the CMAR submit sealed bids for such work and that the bids be opened by the City.

The CMAR shall comply with the Living Wage Policy, and Responsible Contractor’s Policy. The contract for construction management services shall consist of two phases. The first phase of the contract will be the pre-construction services, wherein the CMAR shall be paid a fee as an integral part of the project team. Pre-construction services expected from the CMAR are described in Section 6.0 herein and in Article 2 of the Agreement.

As construction drawings progress to near completion, the CMAR will be expected to provide a guaranteed maximum price (GMP) and Performance and Payment Bonds. If the GMP is accepted by the City, the second phase (the construction phase) is to be implemented. If the proposed price is not acceptable, the City has the right to advertise the project. The CMAR can submit a bid if the project is advertised. Construction services are described in Section 6.0 and in Article 2 of the Agreement. During the construction phase, the CMAR shall become the single point of responsibility for the performance of construction of the Project. The anticipated Project completion date is September 2029.

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4.0 PROPOSAL SCHEDULE:

The following is the scheduled calendar of events with important dates and times. Dates are subject to change by the Chief Procurement Officer (“CPO”) of the Procurement and Contracts Division or designee, at their sole discretion. If the Procurement and Contracts Division determines that it is necessary to change these dates/times prior to the Proposal due date, the change will be announced via an addendum.

Action: Date:

RFP Released May 4, 2026 Non-Mandatory Pre-Proposal Conference May 14, 2026 @ 10:00 a.m., Local Time Cut-off date for Questions by Respondents May 21, 2026 @ 5:00 p.m. Local Time Proposal Due Date and Time June 4, 2026 @ 2:00 p.m., Local Time Review and Evaluation of Proposals July, 2026

5.0 MANDATORY MINIMUM QUALIFICATIONS:

5.1 The following mandatory minimum qualifications have been established. Subject to the City’s right to waive minor irregularities, Proposers that do not meet the mandatory minimum qualifications will be deemed non-responsive and will not be considered for further evaluation.

5.2 The Proposer must have performed urban roadway reconstruction improvements and/or open space park projects of at least one (1) acre within the last five (5) years. The total cost for each construction project must be at least $10 million.

6.0 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS:

The CMAR will provide services typically contemplated for a project of this size and scope in addition, but not limited, to the following:

A. Pre-Construction Phase:

1. Perform full project estimate at 60% and 90% before value engineering and after value engineering to ensure design is within budget.

2. Assist the Owner’s Team in Value Engineering/ material selections to maintain project budget.

3. Prepare detailed construction schedule at 90% before value engineering and after value engineering.

4. Attend weekly coordination meetings.

5. Attend public forum and community meetings as requested by the Owner.

6. Review of Project plans and specifications with emphasis on constructability, construction phasing & sequencing, maintenance of traffic, coordination issues, etc.

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7. Facilitate utility coordination with local authorities to ensure compliance and timely drawing/ permit approvals.

8. Develop bid package scopes and generate GMP in accordance with City guidelines.

9. Negotiate GMP.

B. Construction Phase

1. Obtain all required construction permits and approvals.

2. Modify (as required) and maintain a detailed construction schedule.

3. Upon issuance of notice to proceed, commence and complete construction.

4. Attend weekly coordination meetings.

5. Attend public forum and community meetings as requested by the Owner.

6. Ensure site safety and access to homes and businesses.

7. Provide close coordination with businesses and homeowners during the construction process.

8. Coordinate all testing & inspections with local authorities and Owner’s testing agencies.

9. Finalize and close-out Project.

7.0 PRE-PROPOSAL CONFERENCE:

7.1 Purpose

The Pre-Proposal conference is intended to provide prospective Proposer(s) the opportunity to ask questions or receive clarification from City representatives of any requirements of this Request for Proposals. Representatives from the Procurement and Contracts Division and a technical representative from the using department will be present to discuss the project and answer questions.

7.2 Oral Interpretations and Addenda

All interpretations and clarifications related to the Request for Proposals, or supplemental instructions will be in the form of a written addendum from the Procurement and Contracts Division. No oral interpretations or clarifications from City staff or by other means will be considered binding unless issued in writing.

7.3 Clarification of Requirements

To facilitate the clarification of requirements, it is strongly recommended that Proposer(s) submit all questions in writing, to the Procurement contact below.

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Purchasing Agent’s Silvia Coste, CPP, Senior Procurement Agent

Procurement and Contracts Division

400 South Orange Avenue, Fourth Floor Orlando, Florida 32801

Telephone: (407) 246-2216 Fax: (407) 246-2869

Email:silvia.coste@orlando.gov

8.0 PROPOSAL DUE DATE AND TIME:

8.1 Proposal Due Date

Proposals must be submitted electronically and enter in OpenGov no later than

2:00 pm, Local Time, Orlando, FL, on June 4, 2026.

8.2 Public Opening

Proposals will be publicly opened and announced in the Procurement and

Contracts Division on the due date and time as specified herein via Zoom. The Proposer’s name and verification of bond submittal, if applicable, will be publicly announced via zoom meeting.

Instructions to join the solicitation opening virtual meeting:

1. Sign up for a free Zoom account Go to zoom.us/signup and enter your email address to create a free account with Zoom web conferencing. You’ll receive an email from Zoom where you will click on a link to activate your account. If you already have a Zoom account, skip to step #3 below.

2. Choose your device and download Zoom

You can use a smart phone, tablet, laptop, or desktop computer. After signing up, visit zoom.us/download and download the “Zoom Client for Meetings” onto your computer. On mobile devices, search your app store for the free Zoom app and download it. Make sure to allow some extra time for the install before joining your first meeting. If you do not have one of the devices just mentioned, you can also call in to the meeting. If you cannot download Zoom and need to connect via web browser, you can use the Zoom web client (more info on browser compatibility visit bit.ly/zoomwebinfo).

3. Join the virtual meeting:

a. This is the public link: https://orlando-gov.zoom.us/j/ 83484974256

b. Call in number: +1 305 224 1968

c. Webinar ID: 83484974256

8.3 Public Record

Proposals received in response to this Request for Proposals are exempt from disclosure under the provisions of the Public Records Law until such time as an award decision has been made known or until thirty (30) days after the Proposal https://orlando-gov.zoom.us/j/

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9.0 PROPOSAL PREPARATION AND FORMAT:

9.1 Preparation

Prepare your Proposal in a clear and concise manner. Ensure that the content of your proposal submittal is complete. Special attention should be given to the specific information, instructions, and requirements of the Request for Proposals document to ensure responsiveness. Proposals that are incomplete or lack key information may be rejected. To help facilitate the review process, properly label each section or tab to correspond with your submittal information.

9.2 Incurred Expenses

The City is not responsible for any expenses which Proposers may incur in preparing and submitting Proposals including presentations and any other expenses called for in this Request for Proposals.

9.4 Proprietary Information

A. In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Proposers should be aware of the Request for Proposals and the responses thereto are in the public domain. Proposers are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

A generic notation that information is “confidential” is not sufficient.

Failure to provide the Procurement and Contracts Division Office with a detailed explanation and justification including statutory cites and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your entire Proposal being subject to disclosure in accordance with Chapter 119 of the Florida Statutes.

B. Each Proposer shall complete the “Confidential and/or Proprietary

Information Exemption Form”, included with this Request for Proposals as Attachment “D”, and submit the form with their Proposal.

C. All Proposals received from Proposers in response to this Request for

Proposals will become the property of the City of Orlando and will not be returned to the Proposers. In the event of Contract award, all documentation produced as part of the Contract will become the exclusive property of the City.

10.0 REQUIRED PROPOSAL SUBMITTALS:

Outline Format for Response

In order to ensure a uniform review process and to obtain the maximum degree of

Procurement and Contracts Division Page: 14 comparability, it is requested that Proposals be organized in the manner as specified.

A. Title Page Provide the name of Proposer's firm, address, e-mail address, telephone number, name of contact person, date, and the subject: RFP26-0408

CONSTRUCTION MANAFER AT RISK FOR DTO ACTION PLAN

PROJECTS.

B. Table of Contents Include a clear identification of the material by section and by page number.

C. Letter of Transmittal

1. Limit to two (2) pages.

2. Briefly state the Proposer's understanding of the services to be provided and make a positive commitment to performing the work.

3. Give the names of the people who will be authorized to make representations for the Proposer, their titles, addresses and telephone numbers.

D. Mandatory Minimum Qualification Documentation

Provide documentation as necessary for the City to verify that the mandatory minimum qualifications in Section 5 have been met.

Documentation must be clear and specific.

E. Proposer's Certification

By submitting a Proposal, the Proposer certifies that the Proposer has fully read and understands the Proposal method and has full knowledge of the scope, nature, and quality of work to be performed.

Each Proposer shall complete the “Proposer’s Certification Form”, included with this Request for Proposals as Attachment “A”, and submit the form with their Proposal. The failure of a Proposer to submit this document will be cause for rejection of the Proposal.

F. Conflict of Interest Disclosure Proposer shall provide the required “Conflict of Interest Disclosure Form” as attached to this RFP as Attachment “B”.

G. General Business Information Proposals shall provide:

1. Legal Name of Proposer, the address of Proposer’s principal’s place of business, phone number, fax number, name of principal in charge and email address.

2. Name(s) of person(s) to be contacted for information or services if different from name of principal in charge.

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3. Business Form - State if Proposer’s business is local, national, or international and indicates the business’s legal status (corporation, partnership, etc.) Provide the date the Proposer was organized or incorporated and state of incorporation. If the Proposer is a joint venture, please list the partners and the date such joint venture was formed.

4. Indicate whether the Proposer’s business is a parent or subsidiary in a group of firms/agencies.

5. Provide the location of the office from which the work is to be performed, and the number of professional staff employed at the office.

6. State if the Proposer’s business is licensed, permitted and/or certified to do business in the State of Florida and attach copies of all such licenses issued to the business entity.

H. Proposer’s Experience

Proposers must provide the following information:

1. Proposers shall submit a verifiable statement of the Proposer's construction experience.

The Proposer shall include a completed copy of the Questionnaire attached to the RFP Package as Attachment “H”. Please type and attach additional pages as necessary. The Proposer shall provide References as described in Attachment “E”

2. Lost Business Provide a list of all contracts in which your firm was terminated for cause by a governmental agency.

I. Staff Experience

The Proposer shall submit a statement of experience and resumes of the management staff who will be assigned to the project.

J. Project Understanding The Proposer shall describe its understanding of the scope of work and its approach to achieve successful completion of the work; including any exceptions taken to the Agreement attached.

K. Financial Stability Proposers must provide the following information.

1. Provide a narrative description and such other information, if any, as

Proposer deems necessary to demonstrate Proposer’s financial strength and capacity to provide, implement, and maintain the proposed system for the term of the Contract.

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The City reserves the right to request such additional financial information regarding Proposers as it deems necessary or appropriate from Proposers or from any other party having relevant information, including but not limited to utilizing Dun and Bradstreet or other financial reporting companies’ financial reports for evaluation purposes or to request credit references in its review process.

2. The Proposer shall state if there are any known financial issues that will prevent the Proposer from providing, implementing and maintaining the proposed system for the term of the Contract.

3. Bankruptcies – The Proposer shall state if they are involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law.

L. Litigation History

The Proposer shall describe whether Proposer is involved in any litigation, arbitration, or mediation currently or within the last five (5) years where the amount in dispute exceeded $10,000. Proposer shall also describe whether Proposer has any outstanding judgments pending against Proposer.

M. Confidential and/or Proprietary Information Exemption Form Proposer shall provide the required Confidential and/or Proprietary Information Exemption form as attached to this RFP as Attachment “D”.

N. Certification Regarding Prohibition Against Contracting with Scrutinized Companies Proposer shall provide the required Certification Regarding prohibition Against Contracting with Scrutinized Companies form as attached to this RFP as Attachment “C.”

O. CMAR Price Proposal Schedule

Complete and submit the following forms:

1. Schedule Proposer’s price shall be submitted on the “CMAR Price Proposal Form” in the format provided. Complete, and return with the Proposal, the CMAR Price Proposal included as Attachment “I”.

2. Proposed Total Price (Staff to Review for applicability)

Proposal should provide a fixed-fee price breakdown for meeting all service requirements and implementing each phase of the Scope of Services as outlined. Additionally, Proposal should provide hourly staff rates if additional work is required under the Contract.

The chargeable services shall be included in the proposed total price including all labor customarily associated with delivery of the services contemplated by this RFP. Similarly, all expenses such as but not be

Procurement and Contracts Division Page: 17 limited to travel, lodging, meals and telephone/faxes/copiers associated with delivery of the services contemplated by this RFP shall also be included in the total price.

There will be no separate reimbursement for such expenses under this total fee/total price arrangement.

P. Veteran Business Enterprise Participation in Subcontracts

Proposer shall provide the required Veteran Business Enterprise Participation form as attached to this RFP as Attachment “F.”

Q. Human Trafficking Form Proposer shall provide the required Human Trafficking Affidavit as described in Attachment “G”.

11.0 DELIVERY OF PROPOSALS:

11.1 Proposals must be submitted electronically in OpenGov.

11.2 Proposal Binding

All Proposals submitted shall be binding for one hundred eighty (180) calendar days following opening.

12.0 CONFORMANCE TO SOLICITATION

All Proposals submitted shall meet and conform to all material, mandatory requirements set forth in this RFP, provided that nothing herein shall be deemed to limit the City’s ability to waive minor irregularities without notice or the need to issue a written addendum.

If a Proposer desires to submit a Proposal which, if selected by the City, would require the City to waive, alter or omit a material, mandatory requirement set forth in this RFP, the Proposer must first submit a request to the City asking the City to amend the requirements of this RFP in the same manner provided for the submission of written questions by Proposers provided in the section of this RFP entitled “Questions Regarding Solicitation or Proposal Process.” If the City, in its discretion, agrees to amend, alter, or waive the requirement, the City shall issue notice to all prospective Proposers of the change in the form of a written addendum.

Any request to waive, alter, or amend a mandatory requirement of the RFP should be in the form of a written question that can be answered in an Addendum issued to all prospective Proposers. Please note, the City is not asking the Proposer to send in their Proposals prior to the submission date, but merely to request a waiver or amendment to a mandatory requirement necessary to allow submission of the intended Proposal.

13.0 EVALUATION CRITERIA:

An Advisory Committee will be established to review all responsive Proposals.

Proposals will be evaluated for short listing (if applicable) and final ranking using the evaluation criteria set forth herein. The information that will be considered for each

Procurement and Contracts Division Page: 18 criteria is as follows:

1) Proposer’s Team and Staff Experience - Qualifications, ability, capacity, and skill of the Proposer to perform the services on a timely basis. Quality, availability and adaptability of the Proposer’s services to meet the Project requirements.

2) Proposer’s Past Project Experience - Proposer’s record of successful performance accomplishing similar services on past projects. This criterion will include but not be limited to evaluation of information submitted in response to References, Attachment “E” and Questionnaire, Attachment “H”.

3) Proposer’s Understanding of Scope of Work - Proposer’s understanding of the scope of work requested for the project and its approach to successful completion.

4) Respondent’s CMAR Fee

The CMAR Fee consists of the Respondent’s profit and general overhead costs. These general overhead costs include indirect expenses (those expenses not readily chargeable to a particular project -- a Respondent’s cost of doing business shared proportionally across all projects, such as; office expenses, staff salaries of those working in the home office and directly employed on a particular job, miscellaneous indirect overhead costs and depreciation expenses).

The Fee will be applied to “Cost of the Work” for the specific project. Reference is made to Attachment “I”, which shows the organization and format for an example fire station GMP. The CMAR Fee is a line item in the GMP. The CMAR Fee item notes the construction line items which are applied to it. Notice that the General Conditions and Project Supervision do not have the CMAR Fee applied to them.

The Respondent’s presented CMAR Fee must be in increments of no less than 0.5% and the submitted CMAR Fee cannot be lower than 5%. Should a Respondent submit a CMAR Fee lower than the minimum 5%, they will be assigned a fee of 5% and this will serve as the basis of the scores assigned to the other Respondent’s Design Fee, as discussed below.

Please don’t submit a CMAR Fee lower than 5%.

Rating Factor I (CMAR Fee) represents a “Best Value” component of the Procurement Selection Process and, as such, will be scored in relation to the Fees submitted by the other Respondents. The maximum score for Rating Factor is 21 points. The Respondents with the lowest Fee will be given 21 points.

If two or more Respondents provide the same lowest fee, they will all receive the maximum point amount of 21. Those Respondents having a Fee greater than the lowest Fee will receive a score of 21 minus one (1) point for each 0.5% increment their Fee is higher than the lowest Fee.

As an example, assume that there are three (3) shortlisted Respondents invited to participate in Discussions with the City and at the conclusion of their Discussions/Interview with the City’s Selection Committee, they submit the following CMAR Fees.

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Respondent 1: submits a 5% CMAR Fee

Respondent 2: submits a 6% CMAR Fee (which is the low fee plus 2 increments of 0.5%)

Respondent 3: submits an 8% CMAR Fee (which is the low fee plus 6 increments of 0.5%)

Rating Factor I scores pertaining to the CMAR Fee would be as follows:

Respondent 1: 20 points (for the lowest CMAR Fee)

Respondent 2: 18 points (20 points minus 2 increments at one point per increment)

Respondent 3: 14 points (20 points minus 6 increments at one point per increment)

5) Two (2) points will be given for listing one or more VBE subcontractors certified by the State of Florida Department of Management Services which has its principal place of business in the Orlando MSA to perform useful business functions on the contract

Evaluation Criteria Category Points 1.Experience of proposer and assigned management team 24 2.Proposer’s record of successful performance accomplishing similar services on past projects

3.Proposer’s understanding of the scope of work requested for the project and approach to successful completion 30

4.Proposer’s CMAR Fee estimate 21

5. VBE Participation 2

TOTAL: 100

14.0 PROPOSAL ADVISORY COMMITTEE AND EVALUATION PROCESS:

14.1 Initial Review of Responses

The Procurement and Contracts Division will perform an initial review of all Proposal submittals for preliminary qualification and documentation compliance. This review process may include, but is not limited to, forms verification, professional licensing, references, past performance, and other relevant criteria.

14.2 Advisory Committee

An Advisory Committee (hereinafter referred to as “the Committee”) consisting of at least five (5) members will be established to review, discuss, and evaluate all responsive Proposals submitted in response to this Request for Proposals (RFP). The Committee may utilize City staff and/or consultants who are not members to advise and assist the Committee in its review of the Proposals.

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14.3 Preliminary Evaluation; Short Listing

The Committee may conduct a preliminary evaluation of all Proposals on the basis of the information provided and, if the Committee deems desirable in its discretion, it may elect to short list two or more Proposers using the evaluation criteria set forth in this solicitation. Upon short listing by the Committee, only those Proposers shortlisted shall remain eligible for further evaluation and consideration by the Committee.

14.4 Presentations

The Committee reserves the right to require oral presentations from and conduct pre-award discussion and/or pre-Contract negotiations with any or all responsive and responsible Proposers who submit Proposals determined to be reasonably acceptable of being selected for award. Presentations and pre-award discussions and negotiations may be limited at the discretion of the Committee to shortlisted Proposers. Discussions may be conducted for the purpose of clarification and to assure full understanding of, and responsiveness to, the solicitation requirements. The City will not be liable for any costs incurred by the Proposer in connection with such interviews, presentations, or negotiations (i.e., travel, accommodation, etc.).

14.5 Optional Discussion

At the discretion and in the best interest of the City, the City or Committee may conduct discussions with Proposers (or the short-listed Proposers, as applicable) or seek revision of Proposals from Proposers (or the short-listed Proposers, as applicable) deemed to be responsible and reasonably acceptable to be selected. Such Proposers (or short-listed Proposers) will be accorded fair and equal treatment with respect to discussion and revision of the Proposals. Revisions may be permitted after submission of Proposals and prior to award of a Contract for the purpose of obtaining best and final offers.

14.6 Award Without Presentations

The City may evaluate and award a Contract based on responses to this

Request for Proposals without discussions or oral presentations. Therefore, each response to this RFP should contain the Proposer's best terms and conditions for consideration.

14.7 Final Ranking

The Committee will evaluate and rank the responsive Proposers deemed reasonably acceptable to be selected (or the short-listed Proposers, as applicable) as set forth in the preceding section entitled “Evaluation Criteria”.

In the event that the Committee previously elected to short list Proposers, any rankings or scores assigned as part of the short listing process shall not be binding on the Committee or its members as part of final evaluation and Committee members may modify their scores for any and all Proposers and scoring categories as they deem appropriate in their sole discretion. The Committee shall submit the proposed rank order to the Chief Procurement Officer after the conclusion of scheduled presentations, if any. Upon approval of the ranking by the Chief Procurement Officer, the Chief Procurement Officer shall post notice of intended action. The notice of intended action may be obtained by the Proposers as set forth in the section of this RFP titled

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“Request for Proposals Information.”

14.8 Authority to Award

Contracts shall be awarded in accordance with the provisions of the City’s

Procurement Code, Chapter 7 of the City of Orlando’s Code of Ordinances.

Award of contracts in excess of One Hundred Thousand Dollars ($100,000) shall be subject to City Council approval.

14.9 Reserved Rights

The City, at its sole and absolute discretion, reserves the right to reject any and all, or parts of any and all proposals, to readvertise this solicitation, postpone or cancel, at any time, this solicitation process, or to waive minor irregularities and informalities in this RFP or in the proposals received as a result of this RFP. The City does not guarantee the award of any Contract as a result of this solicitation process.

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GENERAL TERMS AND CONDITIONS

15.0 PROHIBITED COMMUNICATIONS; QUESTIONS REGARDING THE

SOLICITATION PROCESS:

15.1 Communications with the City; Prohibited Contacts. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation).

Except for communication with the City’s designated point of contact set forth in this solicitation or as otherwise authorized by the City’s Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a respondent or potential respondent (or on a respondent or potential respondent’s behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, and any Advisory Committee members or other people or entities providing advice to the City or the Advisory Committee related to this solicitation. During the prohibited communication period, all contacts and communications regarding the solicitation by a respondent, or potential respondent, including their agents, representatives or others on their behalf, shall be directed to the City’s Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City’s Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a respondent or potential respondent under the City’s Procurement Code.

15.2 Questions. Any questions relative to interpretation of the proposal or the solicitation process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division on or before the cut-off date for questions as specified in the Proposal Schedule. Any interpretation made to prospective Proposers with respect to questions submitted prior to the cut-off date for questions will be expressed in the form of an addendum to the solicitation which, if issued, will be conveyed in writing to all prospective Proposers no later than five (5) days prior to the date set for receipt of Proposals.

Oral answers will not be authoritative.

15.3 Addenda. All addendums issued must be acknowledged in OpenGov.

15.4 Point of Contact. All communication and contact regarding this solicitation shall be directed to:

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Silvia Coste, CPP, Senior Procurement Agent

Procurement and Contracts Division City Hall at One City Commons

400 S. Orange Avenue, Fourth Floor Orlando, Florida 32801

Telephone: (407) 246-2216 Fax: (407) 246-2869

Email:silvia.coste@orlando.gov Website: http://www.cityoforlando.net/procurement/

16.0 ADDITIONAL INFORMATION:

The City reserves the right to request that the Proposer provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal and to more fully meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not be limited to, a background investigation conducted by the Orlando Police Department.

17.0 ADDENDUM TO REQUEST FOR PROPOSALS:

If it becomes necessary to revise or amend any part of this Request for Proposals before the Proposal due date, the Chief Procurement Officer will furnish the revision by written Addendum.

18.0 APPLICABLE LAW AND APPEALS:

This Request for Proposals is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the City of Orlando’s Code which can be accessed online at:

https://www.municode.com/library/fl/orlando/codes/code_of_ordinances?nodeId=TITII CICO_CH7PRCO or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code.

19.0 CONTRACT:

The Contract form that the City intends to use for the award is included with this RFP as EXIBIT “1” for reference. While this draft Contract contains standard legal language and is not routinely modified, any exceptions to this standard Contract should be clearly indicated and Proposer understands that such exceptions may affect the evaluation of the Proposal submittal. Modification or alteration of this Contract shall only be valid if mutually agreed to in writing by the parties.

http://www.cityoforlando.net/procurement/ https://www.municode.com/library/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH7PRCO https://www.municode.com/library/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH7PRCO

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20.0 EXECUTION OF CONTRACT:

Unless such time is extended by the City, the successful Proposer shall, within fifteen

(15) calendar days after Notice of Award is issued by the City of Orlando, Procurement and Contracts Division, sign and enter into a Contract with the City, and simultaneously provide any required bonds, indemnities and insurance certificates. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award.

21.0 EMPLOYMENT ELIGIBILITY; E-VERIFY SYSTEM

This Contract is subject to the terms, conditions, provisions and requirements of Section

448.095 of the Florida Statutes which is incorporated herein by this reference. Pursuant to Section 448.095 of the Florida Statutes, Contractor represents and warrants that it has registered with and uses the E-Verify System to verify the work authorization status of all newly hired employees and shall continue to do so at all times during the term of the Contract. If Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.

22.0 RIGHT TO AUDIT RECORDS:

The Contractor shall maintain, and shall require by written agreement the subcontractors at all tiers to maintain, all information, materials and data of every kind and character related the Project and this Agreement, including records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, invoices, leases, contracts, commitments, arrangements, notes, daily diaries, reports, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters reasonably requested by the City, Orange County (“County”), the City of Orlando, Florida Community Redevelopment Agency (“Agency”) or the Orange County Comptroller (the “Comptroller”) pertaining to any matters, rights, duties or obligations under or covered by any contract document related to the Project or this Agreement to which such entity is a party (together, “Records and Reports”). For the purposes of this provision, each entity obligated to maintain Records and Reports as provided herein is referred to as a “Reporting Person”. Such Records and Reports shall include, with respect to each Reporting Person: 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; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; change order files (including pricing data used to price change order proposals and documentation covering negotiated settlements); back-charge logs and supporting documentation; and other evidence according to GAAP procedures and practices which sufficiently and properly reflect all costs and expenditures of any nature incurred by the City, Agency or any person operating the Project, in connection with this Agreement or the Project. All Records and Reports shall be retained by each Reporting Person for a period of five (5) full years from the date of transmission by the City to the Comptroller of a report itemizing in detail expenditures related to the Project. If any litigation, claim or audit commences prior to the expiration of the foregoing five (5) year period, the affected or related Records and

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Reports shall be maintained by the Reporting Party until all litigation, claims or audit findings involving the Records and Reports have been resolved.

The City, Agency, the County and, the Comptroller (or his or her designee)(the aforesaid agencies collectively hereafter “Governmental Authority”), shall have full access in a timely manner during regular business hours, for inspection, review and audit, to all Records and Reports for purposes of reviewing compliance with the Funding Agreement and this Agreement. Such Records and Reports shall be made available at the Reporting Person’s local place of business or at another local location upon reasonable notice to the requested Governmental Authority. The direct cost of copying any Records and Reports, excluding any overhead costs, shall be at the expense of the Governmental Authority requesting such Records and Reports. The requesting Governmental Authority shall have reasonable access to the Reporting Person’s facilities, shall be allowed to interview all current and former employees of the Reporting Person to discuss matters pertinent to the performance of the Agreement or subcontract, as applicable, and shall have adequate and appropriate work space in order to conduct audits in accordance with this Agreement.