SOQ DOA 24 25 65 CM R2.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

STATEMENT OF QUALIFICATIONS

SOQ DOA 24 25 65

TITLE: CONSTRUCTION MANAGEMENT

CONTINUING SERVICES REGION 2

Michelle O. Faircloth, Procurement Officer 407 S. Calhoun Street, SB-8 Mayo Building

Tallahassee, FL 32399-0800 850-617-7181

BIDS@FDACS.gov

DUE DATE AND TIME: OCTOBER 10, 2024 @ 5:00 P.M. ET

Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Protests must be filed with the Agency Clerk, Florida Department of Agriculture and Consumer Services, The Holland Building, 600 South Calhoun Street, Tallahassee, Florida 32399.

mailto:BIDS@FDACS.gov

STATEMENT OF QUALIFICATIONS

SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS

SECTION 1. INTRODUCTORY SECTION

A. PURPOSE

The Florida Department of Agriculture and Consumer Services (herein FDACS or Department) issues this Request for Statement of Qualifications (SOQ / solicitation) seeking proposals and/or responses from licensed general contractors (herein vendor / firm / contractor / respondent) to provide continuing construction management (CM) at risk services for Region Two (2).

The Department intends to award up to eight (8) continuing CM service term agreements to eligible firms as a result of this solicitation for Region 2 (map-ATTACHMENT A). Selected CM firms will be eligible to negotiate and provide a preconstruction proposal, and a Guaranteed Maximum Price (GMP) on individual construction projects as initiated by the Department throughout the term of the continuing CM services agreement(s) and any renewals.

The construction values of individual assigned projects may not exceed the thresholds established in 255.103(4) Florida Statues.

B. REQUIREMENTS

For a respondent to be considered for a continuing contract award for Region Two, the respondent must have an office located in the region which it proposes to provide services.

The respondent shall comply with all local, state, and federal laws, rules, regulations, and codes whenever work is being performed. All licenses, certifications, permits, and insurance required for this contract, will be obtained by the respondent, and maintained for the duration of the contract.

The Department will not pay for the cost of licenses, permits or certifications required by the respondent for company operations.

The respondent(s) selected under this SOQ shall maintain, during the life of the contract, Workers' Compensation Insurance of all its employees connected with the contract. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employee engage in hazardous work under the contract is not protected under the Workers' Compensation statue, the respondent(s) selected shall provide adequate insurance, satisfactory to the FDACS, for the protection of its employees not otherwise protected. The respondent(s) selected under this SOQ shall maintain, during the life of the contract, insurance as outlined in Article 13 Indemnity and Insurance of the attached sample contract. Each contractor selected shall secure and maintain, during the life of any individual project contract awarded, a Builder's Risk Policy, in an amount equal to 100% of the contract price, issued to provide coverage on an “all risk” basis including theft. The certificate of insurance shall contain a provision that the insurance will not be canceled or modified for any reason except after thirty (30) days written notice to the Department. The successful respondent (CM) shall be required to submit insurance certificates evidencing such insurance coverage prior to execution of any project contract with the Department.

FDACS 24 25 65

C. RELEVANT EXPERIENCE

The selected CM should have relevant successful construction experience with new construction, remodeling ,and/or repair of existing occupied buildings or properties including tenant improvements, building system upgrades (mechanical / electrical), asphalt, re-roofing, re-glazing, and waterproofing exterior building envelopes.

The selected CM for a project will undertake comprehensive oversight, managing all construction phases to ensure adherence to predefined timelines, budgets, stringent quality benchmarks, and safety protocols while facilitating seamless collaboration among architects, engineers, subcontractors, and pertinent stakeholders throughout the project lifespan. Additionally, the CM will implement quality control measures to align construction precisely with designated design plans, materials, and standards. Efficiently monitoring project expenditures, providing accurate cost estimates, and proposing cost-saving strategies without compromising quality will be integral.

The CM will be responsible for developing and maintaining a robust construction schedule, identifying critical milestones, and adeptly navigating potential delays to ensure project progression remains on track.

D. SPECIFIC QUALIFICATIONS

The selected CM must demonstrate that they can bring multiple qualified and competitive subcontractors to all related construction trades for successful project delivery.

A CM submitting a response shall be required to have an individual who holds a certified or registered licensed contractor pursuant to the licensing requirements of section 489.113, Florida Statutes. All firms submitting a response must provide a letter of intent from a surety company authorized to do business in the State of Florida on its letterhead, indicating their willingness to provide a 100% Payment and Performance Bonds up to the amount of $7,500,000.00.

SECTION 2. SERVICES TO BE PROVIDED

A. DESIGN PHASE

The CM shall be paid a fixed fee for preconstruction services to include critical assessment of design and recommendation; value engineering; market/constructability analysis; preliminary schedules; cost estimates for each item or proposal package at progressive design milestones and upon completion of the 100% construction documents stage; and development of a GMP for each assigned project.

Failure to negotiate a fixed fee for preconstruction services with the Department within the timeline provided by the Department, may result in the termination of negotiations and the project assignment.

B. CONSTRUCTION PHASE

If a GMP is agreed on, the CM shall fully and satisfactorily manage the project assignment to completion. The CM is responsible to provide appropriate staff and oversight, bonding, quality controls, permitting, advertising and competitively bid trade contracts in accordance with Rule Chapter 60D-5, Florida Administrative Code (F.A.C.).

The selected CM shall demonstrate that they can bring multiple qualified and competitive subcontractors to all related construction trades for successful project delivery. For projects that are within a Department facility, the CM must be capable of supplying workers that meet Florida Department of Law Enforcement criminal history Level 1 background checks.

SECTION 3. SPECIAL INSTRUCTIONS TO RESPONDENTS

A. CALENDAR OF EVENTS

The following timeline will be strictly adhered to in all actions relative to this SOQ unless modified by the Department by written addendum. All required actions must be completed by the date and time indicated on the timeline. All times are Eastern Time (ET).

EVENT DATE/TIME (ET) LOCATION

RELEASE OF SOQ AUGUST 30, 2024

VENDOR INFORMATION PORTAL

HTTPS://VENDOR.MYFLORIDAMARKE

TPLACE.COM/

LAST DAY FOR WRITTEN

INQUIRIES TO BE RECEIVED

BY THE DEPARTMENT

SEPTEMBER 11, 2024

5:00 PM ET

EMAIL: BIDS@FDACS.GOV

**ALL EMAILS SHOULD CONTAIN THE SOQ NUMBER

IN THE SUBJECT LINE OF THE EMAIL**

WRITTEN RESPONSES TO

WRITTEN INQUIRIES

(ANTICIPATED)

SEPTEMBER 13, 2024

VENDOR INFORMATION PORTAL

SOQ

PROPOSALS DUE

OCTOBER 10, 2024

5:00 PM ET

FLORIDA DEPARTMENT OF AGRICULTURE AND

CONSUMER SERVICES

407 S. CALHOUN STREET, SB-8 MAYO BUILDING

TALLAHASSEE, FLORIDA 32399-0800

PUBLIC OPENING

OCTOBER 11, 2024

10:00 AM ET

TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM #: 407 639 217, #1

PUBLICATION OF SHORT LIST

(ANTICIPATED) OCTOBER 21, 2024

VENDOR INFORMATION PORTAL

INTERVIEWS/PRESENTATIONS

WITH SELECTED FIRMS

(ANTICIPATED)

OCTOBER 30 –

NOVEMBER 6 TBD

FINAL SELECTION RESULTS

(ANTICIPATED) NOVEMBER 12, 2024

VENDOR INFORMATION PORTAL

The Department shall utilize the State of Florida, MyFloridaMarketPlace Vendor Information Portal (VIP) as the single resource for all SOQ, Public Notice information in accordance with Rule 28-102.001, F.A.C.

B. RESPONDENT INQUIRIES

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official meetings, questions, and all procurement related matters relating to this SOQ solicitation from the date of the release of the solicitation until the FDACS Final Selection Results are posted on the VIP.

Questions related to this SOQ must be received in writing, via email, by the Procurement Officer listed below within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged.

FDACS 24 25 65

https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/

Responses to written questions will be posted on the VIP on or about the date referenced in the Timeline. The VIP is located at: HTTPS://VENDOR.MYFLORIDAMARKETPLACE.COM/

The Procurement Officer for this SOQ is:

Michelle O. Faircloth, Chief of General Services Florida Department of Agriculture and Consumer Services Email: Bids@FDACS.gov

**ALL EMAILS TO THE PROCUREMENT OFFICER SHOULD CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE OF THE EMAIL.**

C. MYFLORIDAMARKETPLACE (MFMP) REGISTRATION

Each vendor desiring to sell a commodity or contractual service, as defined in Section 287.012, Florida Statutes (F.S.), to the State is prequalified to do so and shall register in the MFMP system. Information about the registration process is available, and registration may be completed, at the MFMP Vendor Information Portal website:

https://vendor.myfloridamarketplace.com/.

Interested persons lacking internet access may request assistance from the MFMP Customer Service at (866) 352-3776.

D. VENDOR SUBSTITUTE W-9

The Florida Department of Financial Services (DFS) requires all Respondents that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist respondents with questions related to the substitute W9 process and can be reached by contacting

(850) 413-5519 or FLW9@myfloridacfo.com.

The awarded Vendor must have a valid W-9 on file with the DFS prior to issuance of a contract.

This may be completed by the Vendor post-award and is not something which FDACS will consider in determining the responsiveness of a Proposal.

E. BUSINESS ENTITIES

Each firm submitting a response to this SOQ must be duly organized, validly existing, in good standing under the laws of the jurisdiction of its organization, and qualified to do business in Florida.

SECTION 4. SOQ PROPOSAL PACKETS

A. NUMBER OF COPIES

Respondents should submit one (1) digital copy on USB of the proposal in its entirety, and one

(1) original hardbound of the SOQ proposal to the Procurement Officer in accordance with the proposal deadlines stated herein. The original must contain an original signature of an official of the potential service provider who is authorized to bind the service provider to the proposal.

https://vendor.myfloridamarketplace.com/ mailto:Bids@FDACS.gov https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

B. PROPOSAL CONTENTS

The following items should be completed and submitted in the vendor’s proposal response to the SOQ and will be evaluated in accordance with Section 5 of this SOQ. The proposal should be formatted with numbered tabs in the following order:

1. A brief letter of interest detailing the firm’s qualifications to meet the criteria referenced in this

SOQ / Proposal request.

2. A completed ATTACHMENT B, Contractor Experience Questionnaire and Financial Information.

3. A minimum of ten relevant construction projects, including the name of the project, size of project, type of project (new construction or renovation) description of work, cost of project and name of client and Architect-Engineer with telephone numbers and e-mail addresses.

(The Department reserves the right to contact these project references to discuss the firm’s performance on the listed projects.)

4. Resumes of proposed staff and staff organizations, for both pre-construction and construction phases including projects name, type of construction and construction cost.

5. A reproduction of the firm’s current contractor(s) license relevant to the services offered and in the name of the firm offering said services. Firms must be properly registered, at the time of submission, to practice their profession in the state of Florida and with the appropriate state board governing the services offered. A verification of the current status with the appropriate state board shall be made before the recommendation and approval of a firm’s selection is finalized.

6. Description of effective project management systems utilized to successfully complete relevant projects. This must include software, tools, or resources utilized to demonstrate experience with CM at risk delivery.

C. RESPONSIVENESS CRITERIA

Respondents shall submit the following information to the Department in response to this SOQ to be deemed responsive:

1. ACKNOWLEDGEMENT FORM

A completed Acknowledgement Form (ATTACHMENT C). This form shall be complete with all information and signature of an official of the Respondent who is legally authorized to contract for the Vendor. The signed original of this form must be included in the SOQ proposal package.

2. SCRUTINIZED COMPANIES AND PROHIBITED BUSINESS ACTIVITIES

Any person submitting a proposal in response to this SOQ MUST execute the enclosed CERTIFICATION REGARDING SCRUTINIZED COMPANIES (ATTACHMENT D). Pursuant to Section 287.135, F.S., a company is ineligible to, and may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., or is engaged in a boycott of Israel.

When goods or services to be provided are $1 million or more, Section 287.135, F.S., requires the contractor to certify that it is not 1) on the Scrutinized Companies with Activities in Sudan List; 2) on the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, F.S., or 3) engaging in business operations in Cuba or Syria.

3. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS FOR EXPENDITURE OF FEDERAL FUNDS

Any contractor submitting a response to this SOQ MUST execute the enclosed form FDACS- 01522 (ATTACHMENT E). The Certification for Lobbying is required for expenditures $100,000 and above. The Certification for Debarment and Suspension and Other Responsibility Matters is required for expenditures $25,000 and above.

4. EXPERIENCE QUESTIONNAIRE AND CONTRACTOR’S FINANCIAL INFORMATION

Any contractor submitting a response to this SOA MUST execute a completed Experience Questionnaire and Contractor’s Financial Information (ATTACHMENT B). Responses that are incomplete will be rejected as non-responsive and will not be evaluated by the Department.

Responses that do not contain the information listed above will be rejected as non-responsive and will not be evaluated by the Department.

D. COST OF PREPARATION

The Department is not liable for any costs incurred by a proposer in response to this SOQ, including any oral presentations.

E. Disclosure of Firm Submittal Contents

All documentation produced as part of this solicitation shall become the exclusive property of the Department and may not be removed by the firm or its agents or returned. The Department shall have the right to use any or all ideas, or adaptations of the ideas, presented in any response.

Selection or rejection of a response shall not affect this right.

F. REDACTED COPY

All materials submitted as part of this solicitation will be a public record subject to the provisions of Chapter 119, Florida Statues. If a Respondent considers any portion of the documents, data or records submitted in its SOQ response to this solicitation to be confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Respondent must mark the document as “Confidential” and simultaneously provide the Department with a sperate redacted Hard Copy and redacted .pdf (“Redacted Copy”) of its SOQ response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for exemption. This Redacted Copy shall contain the Department’s solicitation name, number and the Respondent’s name on the cover and shall be clearly titled “Redacted Copy”. The Redacted Copy shall only redact those portions of material that the Respondent claims is confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, F.S. If the Respondent fails to submit a Redacted Copy, the Department is authorized to produce the entire documents, data or records submitted by Respondent to the Department in answer to a public records request for these records.

G. PUBLIC OPENING

The Public Opening for this solicitation will be available via teleconference.

DIAL – IN TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM NUMBER: 407 639 217, Then # and follow prompts

Residents in the State of Florida who are hearing, sight or speech impaired, please contact Florida Relay at 1 (800) 955 – 8771 or visit https://www.ftri.org/relay for assistance.

H. REJECTION OF SOQ PROPOSAL RESPONSE

The Department reserves the right to reject any and all proposals, when such rejection is in the interest of the state of Florida, and to reject the proposal of a vendor who the Department determines is not in a position to perform the contract.

I. LATE SOQ PROPOSAL

SOQ Proposals received by the Department after the due date as specified in the Calendar of Events (or agency numbered addendum) will be rejected as untimely and will not be considered.

SOQ proposals may be delivered by United States Postal Service (USPS) mail, courier (FedEx/UPS), or hand delivered to the Nathan Mayo Building (407 S. Calhoun Street, Tallahassee, FL 32399); however, vendors are cautioned that shipment via USPS may not be guaranteed to be received by the Department on the scheduled due date / time. SOQ proposals MUST BE RECEIVED IN the Department by the designated date and time listed. Postmarked or clocked in by FedEx, UPS or U.S. Postal Service is not acceptable for being received at the Department.

SECTION 5. SELECTION PROCEDURES

A selection committee established pursuant to Rule 60D-5.0082, F.A.C. shall evaluate statements of qualifications submitted by firms proposing to provide construction management services for this project.

Determination of ability will be determined using the evaluation criteria set forth in the “Evaluation Summary Sheet – General Contractor/Construction Manager Selection” PD-24 Form available at https://www.flrules.org/Gateway/reference.asp?No=Ref-04738

A. PRELIMINARY EVALUATION

1. The Procurement Officer will calculate the score for Vendor Proposed Office Distance to REGION 2 (Location) as indicated by the Firm on ATTACHMENT B, Contractor Experience Questionnaire and Financial Information.

*Location: The proximity (highway distance) of the applicant office(s), in relation to the REGION 2 will be rated.

Criteria Available Points

a. Proposed Office Distance to REGION 2 (nearest county) 10

2. A selection committee will review each SOQ proposal response in depth and rate the https://www.ftri.org/relay https://www.flrules.org/Gateway/reference.asp?No=Ref-04738 responding firms in accordance with the following:

a. Financial Capacity to Project Scope 5

b. Relevant Project Type Experience 20

c. Proposed Preconstruction Phase Staff 15

d. Proposed Construction Phase Staff 15

e. Project Management Systems Utilization 10

3. The Procurement Officer shall tabulate the preliminary ranking of the firms under consideration based on the total of the score from the Procurement Officer and the averaged score per criterion from the selection committee.

B. INTERVIEW EVALUATION

1. Selection of finalists for interview will be ranked by the Preliminary Screening averaged total score. The list of firms selected to interview with the selection committee will be published on the VIP.

2. Each firm selected for interview will be notified by email transmission of the date and time of its interview. All interviews will be held in Tallahassee, Florida or via TEAMS conference.

Each firm selected for interview shall present and answer questions regarding its substantiating information and demonstrated performance of the following:

a. References for Relevant Projects 5

b. Preconstruction Services

c. Bid Marketplace Effort

d. Construction Site Mobilization

e. Construction Phase Scheduling

f. Overall Approach & Methodology

3. The Selection Committee shall assess points for each evaluation criteria set forth above. The Score for each firm shall be averaged per criterion and totaled to determine the interview order. The order of preference of firms deemed the most highly qualified to perform the services will be based on the firm’s total interview scores.

4. The Department will negotiate with the firm(s) considered to be the most highly qualified to perform the required services based on the scores determined pursuant to this SOQ. The selection committee will recommend up to eight (8) firms, to the Commissioner of Agriculture determined to be most qualified in accordance with Rule 60D-5.0091, F.A.C.

SECTION 6. SPECIAL CONDITIONS – CONTRACT DOCUMENTS

A. The Department intends to award up to eight (8) Continuing Construction Management at Risk Services Term Agreements (TERM AGREEMENT) ATTACHMENT F in Region Two (1). Each resulting TERM AGREEMENT will be for a period of three (3) years, with three (3), one (1) year renewal options.

B. For each Department construction project assignment, the Department will issue a written proposal request to the Construction Manager for pre-construction services. If the proposal is accepted by the Department, the Department will assign the project through the issuance of the Construction Project Agreement Between Owner and Construction Manager (CONSTRUCTION PROJECT AGREEMENT) APPENDIX I. Upon execution of the CONSTRUCTION PROJECT AGREEMENT, the Construction Manager shall complete the Preconstruction Phase in accordance with the approved timeline and provide a Guaranteed Maximum Price (GMP) proposal.

C. The Department reserves the right to negotiate the proposed GMP with the Construction

Manager. If the Department and the Construction Manager agree upon terms of the GMP, the CONSTRUCTION PROJECT AGREEMENT for the assigned construction project will be amended in accordance with section 1.4 of the CONSTRUCTION PROJECT AGREEMENT, prior to initiation of the Construction Phase.

D. The CONSTRUCTION PROJECT AGREEMENT may be amended or modified for each individual construction project assignment or as required by law.

E. The construction, interpretation, and performance of this contract, and all transactions under it, shall be governed by the laws of the state of Florida. The contract documents shall include all terms and conditions of the solicitation specifications in this SOQ, any addenda thereto, Respondent’s SOQ proposal, Respondent’s interview presentation materials and any recordings of the same, and Departmental contract and any attachments thereto, issued as a result of this SOQ in the form of the TERM AGREEMENT and the CONSTRUCTION PROJECT

AGREEMENT.

SECTION 7. NOTIFICATIONS

A. POSTING OF SOQ RESPONSE RANKING

Firms selected for interview and the recommended award(s) will be posted for review by interested parties on the VIP and will remain posted for a period of seventy-two (72) hours.

Failure to file a protest within the time prescribed in Section 120.57(3), F.S., shall constitute a waiver of proceedings under Chapter 120, F.S. Failure to file the proper bond at the time of filing the formal protest will result in dismissal of the protest.

Notice of Agency Decision does not guarantee award of a contract.

B. ADDENDA

Any change to supplement, modify, or interpret any portion of the solicitation documents during the solicitation period will be accomplished by the issuance of written addenda to the solicitation documents, which will be publicly noticed on the VIP. No interpretation of the meaning of the drawings, specifications, or other bidding documents and no correction of any apparent ambiguity, inconsistency or error therein will be made orally. Every request for such interpretation and supplemental instruction will be in the form of written addenda to the solicitation documents. Only the interpretation or correction so given by the FDACS in writing shall be binding, and prospective respondents are advised that no other source is authorized to give information concerning, to explain or interpret the bidding documents.

C. AGENCY CONTACT

Section 287.057(25), F.S., states: ”Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Procurement Officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.”

***End of Section***

REGION 1

REGION 2

ATTACHMENT B

CONTRACTOR EXPERIENCE QUESTIONNAIRE AND FINANCIAL INFORMATION

INSTRUCTIONS PAGE

The information listed below is required to be provided to the Florida Department of Agriculture and Consumer Services (FDACS) and it must be included with Construction Management (CM) Request for Statement of Qualifications (SOQ) proposal.

The identified Contractor or Firm is required to complete all Items 1-14. If the bidder or contractor is a Joint Venture, then each entity that is a party to the Joint Venture must individually complete this Questionnaire.

For CM at Risk, the evaluators which are comprised of up to five (5) committee members will independently score category “Financial Capacity to Project Scope” listed under preliminary screening based upon information provided in Items 1-14, however, if needed, the Owner reserves the right to request your firm’s most recent “Financial Statement”.

1. Provide contractor corporate name as listed with the Department of State, Division of Corporation Listing on http://www.sunbiz.org/ or “sunbiz.org”.

2. Provide requested Business Structure information.

3. Provide Annual Construction Gross Revenue for previous five (5) years.

4. Provide firm’s Current Bonding Capacity.

5. Provide Business Name information.

6. List number of full-time personnel within your organization.

7. Provide Subsidiary or Affiliated companies financial involvement information.

8. Identify construction management personnel experience for your organization.

9. Identify your organization or predecessor organizations failure to complete a project contract.

10. Identify if your organization has been involved in litigation.

11. List the most recent ten (10) contracts completed by your organization.

12. Explain the differences in final contract price and/or scheduled completion dates.

13. Identify any liquidated damages, penalties, liens, defaults or cancellations imposed or filed.

14. Provide contract information currently under construction.

DIRECTIONS: Items 1 through 14 must be fully completed on the following pages or marked “Does Not Apply” for any non-pertinent Item(s).

If additional space is required, please attach supplementary pages.

http://www.sunbiz.org/

(Continued)

1. Firm Name:

Proposed Office Address:

Contact Name and Telephone Number:

Contact Email Address:

The contractor acknowledges that this Contractor Experience Questionnaire and Financial Information are made for the express purpose of inducing the Florida Department of Agriculture and Consumer Services (FDACS or Owner) to award a contract to the contractor. Further, the contractor acknowledges that the agency may at its discretion, by means which the Owner may choose, determine the truth and accuracy of all statements made by the contractor herein. If needed, the Owner reserves the right to request your most recent Financial Statement.

2. Business Structure: (List firm names if Partnership or Joint Venture)

Proprietorship ( ) Corporation ( ) Joint Venture ( ) Partnership ( )

If owned by a parent company, provide parent company name:

Please provide copy of State of Florida Corporate Registration:

If Corporation answer below: If Joint Venture or Partnership, answer below:

Date of Incorporation: Date of organization:

In what State: Firms Involved:

Name of Corporate Officers:

President:

Vice President:

Secretary:

Treasurer:

3. Annual Construction Gross Revenue for Previous Five (5) Years:

Year $ Year $ Year $ Year $ Year $

4. Firm’s Current Bonding Capacity:

Per Project Limit:

Per Aggregate Limit:

5. How many years has your organization been in the construction business?

B. How many years under your present business name:

C. How many years under previous business name:

(List other names):

1.

2.

3.

6. Number of full time personnel within your organization:

Current

A. Executive Administrators _________ B. Preconstruction Managers and Estimators _________ C. Construction Project Managers _________ D. Field Superintendents and Foremen _________ E. Other Field Construction Employees _________ F. Administrative Assistants _________ G. Total number of full time personnel _________

7. Subsidiary or affiliated companies which Principal(s) have financial interest and list nature of business:

1.

2.

3.

4.

5.

8. Identify construction management personnel experience for your organization.

(Highlight personnel likely to be assigned to project being bid or solicited)

Name: Title: Years with firm / years in construction

1.

2.

3.

9. Within previous five (5) fiscal years has your organization or predecessor organizations ever failed to complete a project. If so, state name of organization and reason thereof.

1.

2.

3.

10. Within previous five (5) fiscal years has your organization been involved in litigation with your client? If so, please list and explain nature and current status.

1.

2.

3.

11. List the most recent ten (10) construction projects completed by your organization. (Projects under $7.5 million value)

Construction Duration Completion Dates

Owner of Project Project Name and Location Building Type Name of Design Professional Final Contract Price

Commencement Completion Months

With reference to ten (10) most recently completed construction projects as listed on Page 5, answer the following questions:

12. Explain the differences in final contract price and/or scheduled completion dates.

13. Were there any liquidated damages, penalties, liens, defaults or cancellations imposed or filed?

If so, list the name and location of the project and why rejected from bidding?

14. Provide contract information currently under construction as requested below. (Projects under $7.5 million value)

A

Project Description Location & Owner

B

Design Professional

C

Total Contract Amount

D

Uncompleted Contract Amount

E

Scheduled Substantial Completion

Date

Total:

ATTACHMENT C

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICUTLUTRE

AND CONSUMER SERVICES

REQUEST FOR

STATEMENT OF QUALIFICATIONS

Agency Release Date:

August 30, 2024

SUBMIT RESPONSE TO:

Florida Department of Agriculture and Consume Services Office of General Services - Purchasing Office 407 South Calhoun Street – Mayo Building, Room SB-8 Tallahassee, Florida 32399-0800

FDACS Number: SOQ DOA 24 25 65

SOQ Due:

October 10, 2024 CONSTRUCTION MANAGEMENT

CONTINUING SERVICES REGION 2

** CONTRACTOR / COMPANY NAME:

**If a fictitious name is used, include registered name (i.e. XYZ, Inc.

DBA ABC)

Respondent Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: **Typed Name and Title of Authorized Agent

Toll Free Number: *This individual must have the authority to legally bind the Vendor to a contractual obligation. By submission of a signature on the response, the Vendor certifies that they agree to and shall comply with all Request for SOQ specifications, terms and conditions contained herein.

Fax Number:

Email Address:

FEID Number:

Type of Business Entity (Corporation, LLC, partnership, etc.):

RESPONDENT CONTACTS:

Provide the name, title, address, telephone number, and email address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone or attend meetings as may be appropriate regarding the solicitation schedule.

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

ATTACHMENT D

Florida Department of Agriculture and Consumer Services Division of Administration

CERTIFICATION REGARDING SCRUTINIZED COMPANIES

Certification Regarding Scrutinized Companies that Boycott Israel List and Engage in a Boycott of Israel I, _______________________________________ (Enter Name of Authorized Representative), as the authorized representative of __________________________________ (Enter Legal Name of Contractor), (the “company”) hereby certify that, the company has reviewed Section 287.135, Florida Statutes, and certify the company:

1. Is not listed on the Scrutinized Companies that Boycott Israel list or

2. Does not participate or engage in a boycott of Israel.

The List of Scrutinized Companies that Boycott Israel can be located on the State Board of Administration of Florida’s website at https://www.sbafla.com/reporting/

I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Company to civil penalties, attorney’s fees and other penalties and consequences as provided by Section 287.135, Florida Statutes.

Signature of Authorized Representative:

Date:

Certification Regarding Scrutinized Companies List And Business Operations in Cuba/Syria I, _______________________________________ (Enter Name of Authorized Representative), as the authorized representative of __________________________________ (Enter Legal Name of Contractor), (the “company”) hereby certify that, the company has reviewed Florida Laws Chapter 2018-52 (revising Section 287.135, Florida Statutes) and Section 287.135, Florida Statutes, and certify the company:

1. Is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List.

The Scrutinized List of Prohibited Companies can be located on the State Board of Administration of Florida’s website at https://www.sbafla.com/reporting/

I understand that Section 287.135, Florida Statutes, prohibits Florida state agencies from contracting for goods or services over $1,000,000, with companies on either List or that are engaged in business operations in Cuba or Syria, and that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject the Company to civil penalties, attorney’s fees, and other penalties and consequences as provided by Section 287.135, Florida Statutes.

Signature of Authorized Representative:

Date:

WILTON SIMPSON

COMMISSIONER

FDACS 24 25 65

https://www.sbafla.com/reporting/ https://www.sbafla.com/reporting/

ATTACHMENT E

Division of Administration

CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION

AND OTHER RESPONSIBILITY MATTERS

FOR EXPENDITURE OF FEDERAL FUNDS

LOBBYING

As required by 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $100,000 involving the expenditure of Federal funds, the undersigned certifies for itself and its principals that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,’ in accordance with its instructions; and

(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers

(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER

SIGNATURE OF REPRESENTATIVE / DATE

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

As required by 2 CFR 200, for persons entering into a contract, grant or cooperative agreement over $25,000 involving the expenditure of Federal funds, the undersigned certifies for itself and its principals that:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State, or local) with commission of any offenses enumerated in paragraph (b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; and

Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER

SIGNATURE OF REPRESENTATIVE / DATE

WILTON SIMPSON

COMMISSIONER

ATTACHMENT F

CONTINUING CONSTRUCTION MANAGEMENT

AT RISK SERVICES TERM AGREEMENT

This CONTINUING CONSTRUCTION MANAGEMENT AT RISK TERM AGREEMENT

(“Term Agreement”), made and entered into this day of , 2024 by and between the FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, the DEPARTMENT, and the CONSTRUCTION

MANAGER.

WHEREAS, pursuant to Request for Proposal No. SOQ DOA 24 25 65 (“SOQ”), the CONSTRUCTION MANAGER was awarded the opportunity to provide Construction Management at Risk Services. (“Services”) for the DEPARTMENT subject to the DEPARTMENT’s issuance of a

CONSTRUCTION PROJECT AGREEMENT BETWEEN OWNER AND CONSTRUCTION

MANAGER (“Construction Project Agreement”) as more particularly described in SOQ DOA 24 25 65.

WHEREAS, the parties entered into this Term Agreement ###### which defines the types of construction services.

WHEREAS, the parties wish to enter into this Term Agreement to establish certain obligations and set forth the duration of the Services to be provided by the CONSTRUCTION MANAGER upon the issuance of a Construction Project Agreement.

ACCORDINGLY, in consideration of the mutual promises contained in the SOQ and the CONSTRUCTION MANAGER’s response thereto, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

I. Initial Term.

This Term Agreement shall be effective upon being fully executed and shall expire 3 years;

thereafter, unless terminated earlier, extended, or renewed in accordance with the terms hereof.

II. Renewal Term.

Upon mutual written agreement, the parties may renew this Term Agreement on the same terms and conditions on a yearly basis for no more than three years.

III. Extension Term.

Upon mutual written agreement, the parties may extend this Term Agreement on the same terms and conditions for a single period only not to exceed six months.

WILTON SIMPSON

COMMISSIONER

Notwithstanding any conflicting provision in this Term Agreement, the conditions of this Term Agreement shall survive the expiration of this Term Agreement number #### for all Construction Project Agreements issued before the termination of this Term Agreement.

IV. Term Agreement.

The following project specific documents, when executed or approved by the parties, are incorporated into and made a part of this Term Agreement, which in case of conflict will have the following order of precedence:

1. Construction Project Agreement (APPENDIX I)

2. A/E Plans and Specifications or FDACS exhibit

3. Construction Manager’s preconstruction proposal

4. Construction Manager’s Guaranteed Maximum Price (GMP)

5. Request for Proposal: SOQ DOA 24 25 65 – Construction Management at Risk Services

This Term Agreement (inclusive of any terms or project specific documents incorporated by reference) supersedes all previous oral or written communications, representations, or agreements on this subject.

V. Construction Project Agreement

CONSTRUCTION MANAGER shall not perform any Services unless and until the Construction Project Agreement is executed by the DEPARTMENT and CONSTRUCTION MANAGER. The DEPARTMENT will not be responsible for any Services rendered prior the full execution of the Construction Project Agreement. DEPARTMENT’s execution of this Term Agreement does not obligate the DEPARTMENT to execute a Construction Project Agreement nor guarantee that the CONSTRUCTION MANAGER will be granted an opportunity to provide Services hereunder.

VI. Liability.

The DEPARTMENT shall not assume any liability for the acts and omissions of the CONSTRUCTION MANAGER, its affiliates, officers, directors, employees, agents, subcontractors, representatives, and successors. The CONSTRUCTION MANAGER shall indemnify, defend, and hold harmless the DEPARTMENT and the DEPARTMENT’s employees from and against any damages, losses, or expenses (including attorneys’ fees, paralegal fees, witness fees, and court costs) (collectively, “Losses”) due to claim(s) brought by third party(ies) that arise out of or relate to this Agreement or the Services, except to the extent that the DEPARTMENT or DEPARTMENT’s employees intentionally caused such Losses.

VII. Amendments/ Modifications.

Any changes to this Term Agreement must be mutually agreed upon and incorporated in written amendments to this Term Agreement. Changes to the Term Agreement may be incorporated by reference to any or all Construction Project Agreements assigned under this Term Agreement number ####.

Any changes to a Construction Project Agreement must be mutually agreed upon and incorporated by written amendments to the individual Construction Project Agreement for each construction project. The Construction Project Agreement attached to the SOQ may be amended or modified for each individual construction project assignment or as required by law.

VIII. Contract Management.

The designated contact for the DEPARTMENT is TBD, Division of Administration, General Services 407 S. Calhoun Street, Suite 400, Tallahassee, Florida 32399-0800, office number TBD, email address TBD.

The designated contact for the CONSTRUCTION MANAGER is TBD and is located at TBD, office number TBD, email address TBD.

Signed by parties to this Agreement:

FLORIDA DEPARTMENT OF AGRICULTURE

AND CONSUMER SERVICES

CONSTRUCTION MANAGER

Signature Signature

Director of Administration

Title

Title

Date Date

APPENDIX I

CONSTRUCTION PROJECT AGREEMENT

BETWEEN OWNER AND CONSTRUCTION MANAGER

FDACS PROJECT NO: #####

STATE FLAIR CODES: 4210############

Org Code and EO: #### Category: ######, Year: ####/##

FDACS CONTINUING

CONTRACT IDENTIFIER: ####

CONSTRUCTION MANAGER: Contractor Name Street Address City, Florida, Zip

ARCHITECT-ENGINEER: #####

TABLE OF CONTENTS

ARTICLE 1: THE PROJECT TEAM AND EXTENT OF AGREEMENT

1.1 THE PROJECT TEAM

1.2 EXTENT OF AGREEMENT

1.3 DEFINITIONS

1.4 CONTRACT PRICE

ARTICLE 2: CONSTRUCTION MANAGER’S SCOPE OF WORK

2.1 PROJECT MANAGEMENT INFORMATION SYSTEMS (PMIS)

2.1.1 General

2.1.2 Narrative Reporting Subsystem

2.1.3 Schedule Control Subsystem

2.1.4 Cost Control Subsystem

2.1.5 Project Accounting Subsystem

2.2 PRECONSTRUCTION PHASE – PROJECT MANUAL

2.3 PRECONSTRUCTON PHASE – DESIGN REVIEW, RECOMMENDATIONS, AND

PROCUREMENT

2.4 CONSTRUCTION PHASE

2.4.1 Construction Manager’s Staff

2.4.2 Lines of Authority

2.4.3 Schedule and Project Manual Provisions

2.4.4 Advertisement and Competitive Bidding Procedures (Construction Phase)

2.4.5 Bond

2.4.6 Quality Control

2.4.7 Subcontractor Interfacing

2.4.8 Permits

2.4.9 Job Site Requirements

2.4.10 Job Site Administration

2.4.11 Administrative Records

2.4.12 Owner Occupancy

2.4.13 Warranty

2.5 DIRECT PURCHASE MATERIALS

ARTICLE 3: OWNER’S RESPONSIBILITIES

3.1 OWNER’S INFORMATION

3.2 OWNER’S REPRESENTATIVES

3.3 ARCHITECT-ENGINEER’S AGREEMENT

3.4 SITE SURVEY AND REPORTS

3.5 EASEMENTS

3.6 LEGAL SERVICES

3.7 DRAWINGS AND SPECIFICATIONS

3.8 COST OF SURVEYS AND REPORTS

3.9 PROJECT FAULT DEFECTS

3.10 FUNDING

3.11 LINES OF COMMUNICATION

3.12 LINES OF AUTHORITY

ARTICLE 4: PERMITTING AND INSPECTION

4.1 BUILDING PERMITS

4.2 CODE INSPECTIONS

ARTICLE 5: SUBCONTRACTS

5.1 DEFINITION

5.2 PROPOSALS

5.3 REQUIRED SUBCONTRACTORS’ QUALIFICATIONS AND SUBCONTRACT CONDITIONS . 31

5.3.1 Subcontractual Relations

5.3.2 Subcontract Requirements

5.4 RESPONSIBILITIES FOR ACTS AND OMISSIONS

5.5 SUBCONTRACTS TO BE PROVIDED

ARTICLE 6: SCHEDULE, TIME OF COMMENCEMENT, AND SUBSTANTIAL COMPLETION

6.1 SUBSTANTIAL COMLPETION DEADLINE, FINAL COMPLETION DEADLINE, AND OWNER

OCCUPANCY DATE

6.2 LIQUIDATED DAMAGES

6.3 CONSTRUCTION MANAGER’S EXCLUSIVE REMEDY

ARTICLE 7: GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION

7.1 GUARANTEED MAXIMUM PRICE

7.2 GUARANTEED MAXIMUM PRICE TAXES

7.3 ADJUSTMENTS IN CONTINGENCY CONTAINED WITHIN THE GUARANTEED MAXIMUM

PRICE

7.4 USE OF CONTINGENCY CONTAINED WITHIN THE GUARANTEED MAXIMUM PRICE

ARTICLE 8: CONSTRUCTION MANAGER’S FEE

8.1 FEE

8.1.1 Preconstruction Phase Fee

8.1.2 Construction Phase Staffing Fee

8.1.3 Overhead and Profit for the Construction Phase

ARTICLE 9: COST OF THE PROJECT

9.1 DEFINITION

9.2 DIRECT COST ITEMS

9.3 COSTS NOT TO BE REIMBURSED

ARTICLE 10: CHANGE IN THE PROJECT

10.1 CHANGE ORDERS

10.1.1 Definition

10.1.2 Concealed Conditions

10.2 CLAIMS FOR ADDITIONAL COST OR TIME

10.3 MINOR CHANGES IN THE PROJECT

10.4 EMERGENCIES

ARTICLE 11: DISCOUNTS AND PENALTIES

ARTICLE 12: PAYMENTS TO THE CONSTRUCTION MANAGER

12.1 MONTHLY STATEMENTS

12.2 FINAL PAYMENT

12.3 PAYMENTS TO SUBCONTRACTORS

12.4 DELAYED PAYMENTS BY THE OWNER

12.5 PAYMENTS FOR MATERIALS AND EQUIPMENT

12.6 WITHHOLDING PAYMENTS TO SUBCONTRACTORS

ARTICLE 13: INDEMNITY AND INSURANCE

13.1 INDEMNITY

13.2 CONSTRUCTION MANAGER’S INSURANCE

ARTICLE 14: TERMINATION OF THE AGREEMENT AND OWNER’S RIGHT

TO PERFORM CONSTRUCTION MANAGER’S OBLIGATION

14.1 TERMINATION BY THE CONSTRUCTION MANAGER

14.2 OWNER’S RIGHT TO PERFORM CONSTRUCTION MANAGER’S OBLIGATIONS AND

TERMINATION BY OWNER FOR CAUSE

14.3 TERMINATION BY OWNER WITHOUT CAUSE

ARTICLE 15: ASSIGNMENT AND GOVERNING LAW

15.1 ASSIGNMENT CONSENT

15.2 GOVERNING LAWS AND VENUE

ARTICLE 16: NOTICE OF CLAIM, WAIVER OF REMEDIES, NO DAMAGES FOR DELAY

16.1 GOVERNING PROVISIONS

16.2 WRITTEN DETERMINATION OF CLAIM

16.3 EXCLUSIVE REMEDY FOR DELAYS

ARTICLE 17: MISCELLANEOUS

17.1 HARMONY

17.2 APPRENTICES

17.3 INVOICES

17.4 CONSTRUCTION MANAGER’S PROJECT RECORDS

17.5 MINORITY PARTICIPATION

17.6 CONSTRUCTION MANAGER’S PAYMENT RIGHTS

17.7 PUBLIC ENTITY CRIME INFORMATION STATEMENT

17.7.1 Criminal Background Checks

17.8 UNAUTHORIZED ALIENS

17.8.1 Unauthorized Aliens Checks Through E-Verify

17.9 DISCRIMINATION; DENIAL OR REVOCATION FOR THE RIGHT TO TRANSACT BUSINESS

WITH PUBLIC ENTITIES

17.10 NOTICE, CONTRACT MANAGERS

17.11 APPROPRIATION CONTINGENCY

17.12 ASSIGNMENT

17.13 FEDERAL REQUIREMENTS

17.14 EMPLOYMENT OF STATE RESIDENTS

17.15 POSTING OF JOB OPENINGS

17.16 CONFIDENTIALITY OF BUILDING PLANS

17.17 COOPERATION WITH THE INSPECTOR GENERAL

17.18 CURRENT FUNDING LIMITATIONS

17.19 ANTITRUST VIOLATION STATEMENT

17.20 INDEPENDENT CONTRACTOR

17.2…