Y26-813-CC_Solicitation.pdf

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Construction Manager at Risk Services for the Orange County Convention Center West Building BAS and HVAC Upgrades
Solicitation number
Y26-813
Issued by
Orange County, Orlando City, Florida

About this file

Summary

This is a Request for Proposals (RFP) issued by the Board of County Commissioners of Orange County, Florida, for Construction Manager at Risk (CMAR) services for the Orange County Convention Center West Building Building Automation System (BAS) and HVAC Upgrades project (RFP #Y26-813-CC). The project encompasses comprehensive upgrades to the BAS and HVAC systems serving critical areas of the Convention Center, including food service facilities, exhibit halls, and public concourses, with improvements focused on system performance, reliability, and operational efficiency. The CMAR will be responsible for final scope identification, budgeting, design/constructability reviews, demolition, construction phasing to minimize operational disruption, value engineering, administrative services, and project closeout activities. Sealed electronic proposals must be submitted by 4:00 PM Eastern Standard Time on Tuesday, September 15, 2026, via the OpenGov e-procurement portal. A non-mandatory pre-proposal conference is scheduled for Wednesday, August 12, 2026, at 11:00 AM via Microsoft Teams. Hand-delivered, mailed, faxed, or email submissions will be rejected. Public opening of proposals will occur at the next scheduled Procurement Public Meeting following the submission deadline, with virtual attendance available.

The estimated design cost is $4,652,763.34 and the estimated construction cost is $51,839,337.00, for which the selected CMAR must provide a guaranteed maximum price (GMP) with full disclosure of actual costs using an open-book approach. The CMAR must secure payment and performance bonds up to the estimated project cost with a surety rated A- or better by A.M. Best Company and listed as acceptable by the U.S. Department of Treasury. Evaluation will be weighted across criteria including similar projects experience for the proposed On-site Senior Project Manager (15 points) and On-site General Superintendent (10 points), project team skills and experience (15 points), location (10 points), project approach and understanding (25 points), and financial stability (5 points), with a minimum threshold of 60 percent of maximum total points required to proceed. The proposer must be a licensed Florida General Contractor in good standing and must comply with all applicable federal and state laws, obtain required permits and fees, maintain a drug-free workplace, complete E-Verification certification, and execute a Human Trafficking Affidavit prior to contract execution. The contract incorporates insurance requirements, equal opportunity provisions, and compliance with Orange County Code sections regarding lobbying disclosure and relationship disclosures.

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ISSUE DATE: August 5, 2026

NOTICE OF REQUEST FOR PROPOSALS

FOR

CONSTRUCTION MANAGER AT RISK SERVICES FOR THE ORANGE COUNTY

CONVENTION CENTER WEST BUILDING BAS AND HVAC UPGRADES

RFP # Y26-813-CC

The Board of Orange County, Florida, is accepting sealed electronic proposals to be received for CONSTRUCTION MANAGER AT RISK SERVICES FOR THE ORANGE

COUNTY CONVENTION CENTER WEST BUILDING BAS AND HVAC UPGRADES

Copies of the Request for Proposals (RFP) documents may be obtained from the Orange County Procurement Division by download at:

https://secure.procurenow.com/portal/orangecountyfl

SUBMISSION DUE DATE:

Sealed electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, September 15, 2026, via the electronic procurement portal referenced above.

To maintain a secured sealed process electronic submissions are required to be made through the OpenGov Procurement portal only at:

https://secure.procurenow.com/portal/orangecountyfl.

Proposers shall not be permitted to hand-deliver, mail, telephone, fax, or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov Procurement portal shall be rejected.

PRE-PROPOSAL CONFERENCE:

A Non-Mandatory Pre-Proposal Conference will be held on Wednesday, August 12, 2026, 11:00 AM, via Microsoft Teams. Attendance is not mandatory but is encouraged.

Join: https://teams.microsoft.com/meet/269572252329481?p=zYEkGNnZfTahIFhVwS Meeting ID: 269 572 252 329 481 Passcode: 5mn9ys2L Join by Phone: +1 689-206-9279,,809158001# United States, Orlando Phone Conference ID: 809 158 001#

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

Manager II, Procurement Division https://secure.procurenow.com/portal/orangecountyfl https://teams.microsoft.com/meet/269572252329481?p=zYEkGNnZfTahIFhVwS tel:+16892069279,,809158001

NOTICE TO PROPOSERS

To ensure that your proposal is responsive, you are urged to request clarification or guidance on any issues involving this solicitation before submission of your response.

Your point-of-contact for this solicitation is Corie Cummings at (407) 836-5597. You may contact Corie Cummings at any time during this process, including during the blackout period.

TABLE OF CONTENTS

Purpose

Section 1: Definitions

Section 2: Project Description and Requirements A. Project Description B. Project Scope

Section 3: Terms and Conditions A. Draft Contract B. Insurance Requirements C. Payment and Performance Bonds D. Qualifications of Surety Companies E. Equal Opportunity F. Public Entity Crime Statement (FS 287.133) G. Laws and Regulations H. Permits and Fees

Section 4: Reserved

Section 5: Proposal Submittal A. Proposal Requirements B. Submittal Deadline C. Late Submissions D. Proposal Preparation Costs E. Proprietary Information F. Confidential Information G. Lobbying Blackout Period H. Procurement Committee Information I. Proposal Questions J. Oral Interpretation K. Solicitation Cancellations L. Withdrawal of Proposal M. Development or Assistance in Development of Specifications/Requirements/

Statements of Work N. Inaccurate Information O. Alternative Solutions; Deviations P. Ethics Compliance Q. Verification of Employment Status R. Duty to Update Information S. Anti-Human Trafficking……………………………………………………………….

Section 6: Qualification Evaluation

A. Minimum Technical Qualifications B. Key Personnel C. Key Subcontractor D. Similar Projects E. Experience of the Project Team F. Substitution of the Senior Project Manager, Project Manager, or Other Key

Personnel G. Volume of Work H. Reference Checks

Section 7: Evaluation of Proposals A. Weighted Criteria B. Procedures After Receipt of Proposals

Section 8: Additional Information A. Contract Award B. Award Restriction C. Protests D. Debriefing of Proposers E. Post-Award Cost and Pricing Data F. Post-Award Supporting Documentation

APPENDIX A: PERMITS AND FEES

RFQ FORMS

Form A: Request for Proposals Cover Sheet Form B: Project Team Form C: Location Form D: Similar Projects Senior Project Manager Form E: Similar Projects Project Manager Form F: Skills and Experience of the Project Team Form G: --NOT BEING USED-- Form H: Project Scope, Approach, and Understanding Form I: Conflict/Non-Conflict of Interest and Litigation Statement Form J: -NOT BEING USED- Form K: Information for Determining Joint Venture Eligibility Form L: Drug-Free Workplace Form N: Orange County Specific Project Expenditure Report Form O: Relationship Disclosure Form P: E-Verification Certification

ATTACHMENT 1: DRAFT CONTRACT

CONTRACT EXHIBITS

Exhibit A: Scope of Work Exhibit B: Payment/Performance Bond Forms Exhibit C: Insurance Documents

Exhibit D: Segment Completion Schedule Exhibit E: Owner Direct Purchase Provision Exhibit F: Final Release of Lien Form Exhibit G: Stored Materials Forms

REQUEST FOR PROPOSALS

FOR

CONSTRUCTION MANAGER AT RISK SERVICES FOR THE ORANGE COUNTY

CONVENTION CENTER WEST BUILDING BAS AND HVAC UPGRADES

RFP #Y26-813-CC

Purpose

The Board of County Commissioners, Orange County, Florida (“County”), is soliciting proposals to provide CONSTRUCTION MANAGER AT RISK SERVICES FOR THE

ORANGE COUNTY CONVENTION CENTER WEST BUILDING BAS AND HVAC

UPGRADES.

Copies of the Request for Proposals (RFP) documents may be obtained from the Orange County Procurement Division by download at:

https://secure.procurenow.com/portal/orangecountyfl

Sealed electronic offers for furnishing the above will be accepted up to 4:00 PM (local time), Tuesday, September 15, 2026, via the electronic procurement portal referenced above.

To maintain a secured sealed process electronic submissions are required to be made through the OpenGov Procurement portal only at:

https://secure.procurenow.com/portal/orangecountyfl.

Firms shall not be permitted to hand-deliver, mail, telephone, fax or email offers.

Responses received after the submission deadline and/or transmitted outside of the designated OpenGov Procurement portal shall be rejected.

FAILURE OF ANY PROPOSER TO COMPLY WITH ANY TERM OF THIS RFP MAY

RENDER THEIR PROPOSAL NON-RESPONSIVE AND SHALL BE INELIGIBLE TO

COMPETE FOR THE AWARD OF A CONTRACT UNDER THIS SOLICITATION.

PRE-PROPOSAL CONFERENCE:

A Non-Mandatory Pre-Proposal Conference will be held on Wednesday, August 12, 2026, 11:00AM, via Microsoft Teams. Attendance is not mandatory but is encouraged.

Join: https://teams.microsoft.com/meet/269572252329481?p=zYEkGNnZfTahIFhVwS Meeting ID: 269 572 252 329 481 Passcode: 5mn9ys2L Join by Phone: +1 689-206-9279,,809158001# United States, Orlando Phone Conference ID: 809 158 001# https://teams.microsoft.com/meet/269572252329481?p=zYEkGNnZfTahIFhVwS tel:+16892069279,,809158001

Section 1: Definitions

The words and expressions (or pronouns used in their stead) defined in this Request for Proposals shall, for the purposes of this RFP #Y26-813-CC (the “RFP”), be construed as follows:

A. “Addenda” shall mean any additional provisions, amendments, or corrections to the Request for Proposals issued in writing by the County prior to the Submittal Deadline.

B. “Board of County Commissioners” shall mean the Board of County Commissioners, Orange County, Florida, or their duly authorized representative(s), for whom the Services are being performed.

C. “Contract” shall mean the written agreement between the County and the awarded CMAR covering the services to be provided and work to be performed.

The Draft Contract is attached to this RFP as Attachment “1.”

D. “Construction Manager at Risk” or “CMAR” shall mean the entity with whom the County has entered into the Contract.

E. “County” shall mean the Board of County Commissioners, Orange County, Florida, or their duly authorized representative(s), for whom the Services are being performed.

F. “Day” shall mean one calendar day of 24 hours measured from midnight to 11:59 p.m., unless otherwise specifically stated.

G. “Exhibit” shall mean Exhibits lettered A through G for documents and materials as part of the Contract.

H. “Project” shall mean Orange County Convention Center West Building BAS and HVAC Upgrades, as further specified for the purposes of this RFP in the Scope of Services attached as Exhibit “A” to the Draft Contract.

I. "Proposal" shall mean the proposal of the Proposer submitted on the Official Proposal Form.

J. "Proposer(s)" shall mean any person, firm, or corporation (whether Sole Proprietorship/Corporation, Joint Venture, or Partnership) submitting a Proposal.

K. “Services” shall mean the services and work required in order to complete all elements of the Scope of Services attached to the Draft Contract as Exhibit “A.”

L. “Subcontractor” shall mean any person, firm or corporation other than employees of the Proposer who the Proposer intends to subcontract with in order to complete the Project.

Section 2: Project Description and Requirements

A. Project Description.

The Construction Manager at Risk (CMAR) shall provide Construction Management Services for the Orange County Convention Center (OCCC) West Building Automated System and HVAC Upgrades.

BACKGROUND AND PROJECT OVERVIEW

For additional information about the existing facilities of OCCC, demographics, and any other major related facts, proposers should go to the OCCC website at:

www.occc.net.

The Orange County Board of County Commissioners (“County”) is a public authority of Orange County, Florida. The Owner (as defined below) owns and operates the Orange County Convention Center. The Orange County Convention Center West Building BAS and HVAC Project includes comprehensive upgrades to the Building Automation System (BAS) and associated heating, ventilation, and air conditioning (HVAC) systems. These systems serve critical areas of the Convention Center, including food service facilities, exhibit halls, public concourses, and other support spaces.

The proposed improvements will enhance system performance, reliability, and operational efficiency, resulting in a design that better aligns with the client’s objective of maintaining a highly functional, leasable venue capable of hosting meetings, conventions, and large-scale events.

The project includes the replacement of HVAC equipment that has exceeded its useful service life, conversion of the existing BAS to a unified front-end platform, and upgrades to both BAS front-end and back-end systems to utilize the BACnet communication protocol. Additionally, all walk-in freezers and coolers will be integrated into the BAS for centralized monitoring and control. All work shall be coordinated with convention activity and shall not impact these activities.

The Capital Planning section of the Orange County Convention Center is the User Group requesting this work and therefore is named as the Owner going forward in this Scope of Services document.

B. Project Scope. The successful Proposer shall utilize an open-book approach to the Project and provide a guaranteed maximum price (GMP) with full disclosure of actual costs to the County. The County has contracted with SGM Engineering, Inc. under Y23-808 for the Project sitework, civil, mechanical, electrical and plumbing, structural design and architectural design. The Engineer and Architect are collectively referred to herein as the A/E Design Team.

The County requires the services of a CMAR to assist with various implementation tasks including final scope identification, budgeting, design/constructability reviews, and demolition, construction, phasing of construction to minimize operational disruption, and implementation of the Project. Other responsibilities include value engineering, construction reviews, pre-pricing conferences, pre-award meetings, and construction progress meetings. The successful Proposer shall also provide administrative services, supervision, and accepted accounting principles throughout the complete Project. The CMAR shall provide or perform the following activities as part of the general scope of services of the Project:

1. Temporary facilities and utilities

2. Security

3. Project surveying and engineering

4. Project signs

5. Construction photos and videos, both pre-construction and during construction

6. As-Built drawings, as part of the Project closeout process

7. Asset information documentation

8. Maintenance of Traffic

9. Assistance with Owner direct purchases of equipment

10. Disposal of construction debris and materials

The selection of the CMAR will be based upon criteria outlined herein under Section 10. Proposers must have CMAR experience and qualified key personnel as outlined in Section 9. One CMAR firm will be selected for the Project.

While the Contract resulting from this award may apply to any type of BAS and HVAC system noted above, the Contract shall not be construed in any way to limit the County’s right to pursue other contracting methods including traditional design-bid-build, design-build, or other methods in the execution of any portion of its Capital Improvement Program.

Section 3: Terms and Conditions

A. Draft Contract. The contract that the County intends to use for award is attached as Attachment “1” (the “Draft Contract”) for reference.

If a Proposer wishes to request changes to the RFP, including the Agreement, the Proposer must submit the recommended changes to the County in writing, during the clarification timeframe identified in this RFP. The County will consider all written requests for changes to the RFP, including the Agreement, and the County will prepare a written response to each request. If a Proposer wishes to submit an alternate provision (i.e., specific language) for the County's consideration, the Proposer should provide the specific language that the Proposer wants the County to adopt. If the County wishes to accept the Proposer's recommendation, the County will issue an addendum concerning the recommendation before the deadline for the submittal of Proposals. In this fashion, all Proposers will be notified about the proposed change to the RFP or Agreement before they submit their Proposals. It is the County's intention to issue a final draft of the Agreement as part of the last addendum issued at the end of Request for Clarification Period.

In the absence of any such addendum, each Proposer must base its Proposal on the assumption that the Successful Proposer will be required to execute the Agreement, subject to all of the terms and conditions in the Agreement. The County will reject any Proposal that is conditional or based on alternate contractual provisions. The County is under no obligation to revise the Agreement. Therefore, each Proposer should assume that no changes to the Agreement will be made after Proposals are received, except for the correction of scrivener's errors and the incorporation of the Contractor's name and prices.

A Proposer shall not attempt to limit, restrict, or qualify its Proposal. A Proposer's adjustments, changes to, or deviations from the RFP will not be accepted by the County. Any and all such terms, conditions, limitations, and qualifications shall have no force and effect.

B. Insurance Requirements. For the insurance requirements related to this RFP, review Article 25 (“Insurance Requirements”) of the Draft Contract found in Attachment “1.”

C. Payment and Performance Bonds: The Proposer shall provide with the Proposal written verification from a surety on the surety’s letterhead as to bonding capacity for payment and performance bonds up to the estimated Project cost of $51,839,337.00. The surety shall have a rating from A.M. Best Company (or other equivalent rating company) equal to or better than A- rating and a Financial Strength Rating of Class VI or better. The surety must be included on the approved list of sureties issued by the United States Department of Treasury.

D. Qualifications of Surety Companies. In order to be acceptable to the County, the Surety company issuing the Bonds shall meet and comply with the following minimum standards:

1. Surety must be authorized to do business in the State of Florida and shall comply with the provisions of Florida Statutes Section 255.05.

2. Surety must be listed on the U.S. Department of Treasury Fiscal Service, Bureau of Government Financial Operations, Federal Register, Part V, latest revision, entitled: “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”.

3. All bonds shall be originals and issued or countersigned by a producing agent with satisfactory evidence of the authority of the person or persons executing such bond shall be submitted with the bond. Attorneys-in-fact who sign bonds or other Surety instruments must attach with each bond or Surety instrument a signed, certified, and effectively dated copy of their power of attorney. Agents of Surety companies must list their name, address, and telephone number on all bonds.

4. The life of the bonds shall extend twelve (12) months beyond the date of Final Completion and shall contain a waiver of alteration to the terms of the Contract, extensions of time and/or forbearance on the part of the County.

5. Surety must have financial standing having a rating from A.M. Best Company (or other equivalent rating company) equal to or better than A- Class VI.

6. Should the Payment and Performance Bonds be issued by co-sureties, each surety listed on the bond shall meet the requirements in paragraphs 1-5 above.

In addition, each surety shall submit a power of attorney and all signatures of the co-sureties representatives shall be notarized. The “lead” surety shall be identified for the purposes of underwriting and claims management.

FAILURE TO MEET ANY OF THE REQUIREMENTS CONTAINED ABOVE

SHALL RESULT IN REJECTION OF THE PROPOSAL.

E. Equal Opportunity. It is hereby declared that equal opportunity and nondiscrimination shall be the County’s policy intended to assure equal opportunities to every person, regardless of race, religion, sex, color, age, disability or national origin, in securing or holding employment in a field or work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations.

Further, the awarded CMAR shall abide by the following provisions:

1. The awarded CMAR shall represent that it has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of the contract.

2. The awarded CMAR shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the nondiscrimination provision of the contract.

3. The provisions of the Contract shall be incorporated by the awarded CMAR into the contracts of any applicable subcontractors.

F. Public Entity Crime Statement (FS 287.133). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, subcontractor or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida State Statutes Section 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

G. Laws and Regulations. The Proposer’s attention is directed to the fact that all applicable Federal and State laws, municipal and County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the solicitation and Contract throughout, and they will be deemed to be included in the solicitation/Contract the same as though herein written.

H. Permits and Fees. Proposer shall obtain and pay for all permits and fees required to complete the work. A list of required and/or anticipated permits and fees is attached to this RFP as Appendix “A.”

Section 4: Reserved

Section 5: Proposal Submittal

A. Proposal Requirements.

1. Proposal Drafting.

(a) Proposers must utilize the attached forms when drafting their Proposals.

Failure to submit a required form will result in a Proposal being deemed non-responsive. Unless additional information or Proposer-drafted documents are explicitly requested in the RFP, the Proposal shall contain only the attached forms as completed by the Proposer.

[Note: The forms attached to this RFP are periodically updated, Proposers are advised to not to rely on forms from any previous submission when drafting their Proposal.]

(b) The County shall not be responsible for re-calculation or interpretations of information provided on any form.

(c) Modification or alteration of the documents contained in this solicitation or the contract resulting from this solicitation shall only be made upon receipt of prior written consent of the County.

(d) The submission of GSA Forms 254 or 255 are not acceptable. The submission of these forms shall result in the Proposal being deemed non-responsive.

(e) Proposers are instructed NOT to include pictures, drawings, graphs, dividers, QR codes, or table of contents. Submittal of pictures, drawings, graphs, dividers, QR codes, and/or table of contents may result in disqualification of your Proposal as non-responsive.

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

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

B. Submittal Deadline.

1. Proposers must complete the electronic upload of their entire proposal in the e-procurement platform no later than 4:00PM Eastern Standard Time on September 15, 2026; and

2. Mailed, hand-delivered, faxed, or email delivered Proposals shall be rejected as non-responsive, regardless of where the mail, delivery, fax, or email transmission is received.

C. Late Submissions.

1. The County shall not accept any excuses for late Proposal Package submissions.

2. The time and date for receipt of Proposals will be strictly observed. The County shall not be responsible for late submissions.

3. The decision to refuse to consider a proposal that was received beyond the date/time established in the solicitation shall not be the basis for a protest pursuant to the Orange County Procurement Ordinance.

4. Proposals received after the specified time and date shall be returned unopened. All Proposals will be opened publicly, and the names of all Proposers shall be read aloud publicly.

Public Openings are held each Wednesday at 9:30am and Friday at 9:30am.

A public opening of responses will be conducted at the next posted Procurement Public Meeting following the submission deadline. In the event of a County Holiday or unforeseen delay, responses shall remain sealed until the next public meeting.

Proposers will be able to attend the public opening virtually, see the following instructions:

Visit:

https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c71 25b https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b https://ocfl.webex.com/ocfl/j.php?MTID=m59bb20319c748f1e60a933cf59c7125b

Meeting number: 286 177 361 Password: Go2Meeting Join by phone Option 1: 1-408-792-6300 Access code: 286 177 361 Join by phone Option 2: 1-617-315-0740 Access code: 286 177 361 Join by phone Option 3: 1-602-666-0783 Access code: 286 177 361 The physical meeting location is:

400 E. South Street, 2nd Floor, Orlando, Florida 32801

D. Proposal Preparation Costs. By submission of a Proposal, the Proposer agrees that all costs associated with the preparation of the Proposal will be the sole responsibility of the Proposer. The Proposer also agrees that the County bears no responsibility for any costs associated with the preparation of the Proposal and/or any administrative or judicial proceedings resulting from the solicitation process.

E. Proprietary Information. In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State or Federal Law, all Proposers should be aware that formal solicitations and the responses thereto are in the public domain. Requests for confidential treatment will not supersede the County’s legal obligation to provide records to the public consistent with public records law. Proposers must cite specific, applicable legal grounds to support a request for confidential treatment, of any portion of a proposal. Requests by proposers to keep entire proposals confidential are generally not supported by public records laws. At a minimum, the County will disclose the successful Proposer’s name and the substance of the proposal.

If the Proposer requests confidential treatment, Proposer must submit an additional copy of the Proposal with the proposed confidential information redacted. This copy must include a general description of the information redacted, and shall only be redacted in the least expansive manner necessary to effectuate the requested exemption(s). In a separate attachment, Proposer shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis under Florida law, including a detailed justification for exempting the information from public disclosure.

Proposer shall hold harmless and indemnify the County for all claims, actions, suits, judgments, fines, costs, or damages the County may incur as a result of Proposer’s request for confidential treatment of its Proposal. Proposer agrees and understands that the County may make copies of, and distribute, the Proposal without any requested redactions, to facilitate evaluation. Proposer warrants that such copying will not violate the rights of any third party.

F. Confidential Information. If a Proposer’s Proposal contains any information deemed confidential in accordance with Chapter 119 of the Florida Statutes, the Proposer shall provide an additional USB drive with a redacted version of its Proposal labeled REDACTED. This electronic copy shall be in Portable Document Format (PDF).

G. Lobbying Blackout Period.

1. A lobbying blackout period shall commence upon issuance of the solicitation until the Board selects the successful Proposer. For procurements that do not require Board approval, the blackout period commences upon solicitation issuance and concludes upon Contract award. Additional information relative to lobbying can be found at:

http://www.ocfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx

2. The Board of County Commissioners may void any Contract where the County Mayor, one or more County Commissioners, or a County staff person has been lobbied in violation of the blackout period restrictions of Ordinance No. 2002- 15.

3. Proposers shall not contact any member of the Orange County Procurement Committee or any staff (except as provided below) regarding this RFP until such time as a contract is awarded. All inquiries pertaining to this RFP must be directed through the Procurement Division.

H. Procurement Committee Information. Information regarding Procurement Committee scheduling and Board approvals are available by calling the Procurement Division Reception Desk at (407) 836-5635 or by accessing the Procurement Committee schedule at https://apps.ocfl.net/OrangeBids/Procurement/default.asp.

I. Proposal Questions.

The question and answer module of OpenGov IS being utilized for this solicitation.

Timely questions concerning this solicitation shall be submitted in accordance with the deadline for questions: 'Question & Answer Submission Date at 'Question & Answer Submission Time EST. Consideration for modification or alteration of the documents contained in this solicitation shall be requested during the specified question period, before the applicable deadline. Answers for timely questions will be addressed in the OpenGov question and answer module or as an addenda to this solicitation depending on volume. Participants are encouraged to subscribe as a follower and monitor all notifications. The answers to questions or the addendum will be available on the Internet for access by potential proposers. Proposers are instructed not to contact the initiating division directly.

Proposers shall not direct any queries or statements concerning their proposal to the Orange County Procurement Committee or County staff during the selection process, from the time of submission of a proposal until the execution of a contract.

Any proposer who initiates any discussions with staff in any manner other than that described below is subject to disqualification from this procurement. However, you may contact the Contracting Agent at any time during this process, including during the Black Out Period.

http://www.ocfl.net/OpenGovernment/LobbingAtOrangeCounty.aspx https://apps.ocfl.net/OrangeBids/Procurement/default.asp

No oral interpretation of this Request for Proposals shall be considered binding.

The County shall be bound by information and statements only when such statements are written and executed under the authority of the Procurement Division Manager.

Beyond questions and answers, any and all modifications, clarifications, interpretations and supplemental instructions will be in the form of a written addendum which, if issued, will be available for download. All addenda and questions/answers so issued shall become part of the Contract Documents and receipt shall be acknowledged as specified herein.

This provision exists solely for the convenience and administrative efficiency of Orange County. No proposer or other third party gains any rights by virtue of this provision or the application thereof, nor shall any proposer or third party have any standing to sue or cause of action arising there from.

Untimely questions are unable to be submitted in the question and answer module, thereafter respondents raising critical concerns must email 'Procurement Contact Email. Critical clarifications may be made via addenda, however, untimely questions may not be considered.

You may contact Corie Cummings at any time during this process, including during the blackout period, however, technical questions regarding the RFP shall only be responded to if submitted prior to the deadline indicated above.

J. Oral Interpretation. No oral interpretation of this RFP shall be considered binding.

The County shall be bound by information and statements only when such statements are written and executed under the authority of the Manager of the Procurement Division.

K. Solicitation Cancellations. Orange County reserves the right, and the Manager of the Procurement Division has absolute and sole discretion, to cancel a solicitation at any time prior to approval of the award by the Board of County Commissioners when such approval is required. The decision to cancel a solicitation cannot be the basis for a protest pursuant to the Orange County Code.

L. Withdrawal of Proposal. Any Proposal may be withdrawn until the Submittal Deadline has passed.

M. Development or Assistance in Development of Specifications/Requirements/ Statements of Work. Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained in this RFP are excluded from competing for this solicitation, inclusive of the A/E Design Team awarded Y23-808.

N. Inaccurate Information. Any Proposer who submits in its Proposal to the County any information that is determined by the County, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration.

O. Alternative Solutions; Deviations. Proposers are hereby advised that Orange County will only consider Proposals that meet the specifications and other requirements imposed upon them by this RFP. In instances where a deviation is stated in the Proposal without prior approval, said Proposal will be subject to rejection by the County in recognition of the fact that said Proposal does not meet the exact requirements imposed upon the Proposer by the Contract Documents.

P. Ethics Compliance. The following forms are included in this solicitation and shall be completed and submitted as indicated below:

1. Orange County Specific Project Expenditure Report (Form N): The purpose of this form is to document any expenses incurred by a lobbyist for the purposes described in Section 2-351, Orange County Code. This form shall be completed and submitted with the proposal. The Proposer shall not be awarded a contract unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the contracting agent identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information.

2. Relationship Disclosure (Form O). The purpose of this form is to document any relationships between a proposer to an Orange County solicitation and the Mayor or any other member of the Orange County Board of County Commissioners. The Relationship Disclosure Form attached to this solicitation shall be completed and submitted with the proposal. No contract award will be made unless this form has been completed and submitted. Any questions concerning this form shall be addressed to the contracting agent identified in the applicable solicitation. Also, a listing of the most frequently asked questions concerning this form is attached for your information.

Q. Verification of Employment Status. Prior to the employment of any person under the Contract, the CMAR shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CMAR during the Contract Term, and an express requirement that CMAR include in such subcontracts the requirement that subcontractors performing work or providing services pursuant to the contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract Term. For more information on this process, please refer to the United States Citizenship and Immigration Service website at:

http://www.uscis.gov/portal/site/uscis. Only those employees determined eligible to work within the United States shall be employed under the Contract.

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

By submission of a Proposal in response to this solicitation, the CMAR affirms that all employees in the above categories shall undergo e-verification before placement on the Contract. The CMAR shall commit to comply with this requirement by completing the E-Verification certification attached to this RFP as Form P.

R. Duty to Update Information. By submitting a Proposal in response to this RFP, Proposer asserts and affirms that all information submitted, including the information on the Forms attached thereto, is true and accurate. Proposer acknowledges an ongoing duty to update the contact information set forth on Form A and shall submit updated information and/or forms as necessary. No changes to Proposer, key personnel, subcontractors, or information submitted on any other Forms shall be acceptable and may result in disqualification from consideration.

S. Anti-Human Trafficking By submitting an offer in response to this solicitation, the respondent acknowledges that, if recommended for award, the timely execution of a Human Trafficking Affidavit is a condition of the contract.

Execution of any contract resulting from the award of this solicitation shall require respondents to attests, under penalty of perjury, that Contractor does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes.

Respondents are cautioned to review this form in detail as it is a firm requirement of the Contract. The Human Trafficking Affidavit can be found at on the County's Forms and Resources website (https://www.ocfl.net/vfr).

Section 6: Qualification Evaluation.

WRITTEN PROPOSAL MANDATORY PRE-REQUISITE

Mandatory Licensure.

The Proposer must qualify as a construction management firm and be properly qualified to engage in construction activities in the State of Florida in accordance with Chapter 489, Florida Statutes.

The Proposer shall be qualified through a currently licensed State of Florida General Contractor who is associated with the Proposer as its qualifying agent or primary qualifying agent, as defined by Chapter 489, Florida Statutes. The qualifying agent shall be responsible for the supervision of construction activities and for compliance with all applicable licensing requirements.

As part of the Proposer’s submittal, the Proposer shall provide documentation evidencing that the General Contractor license is active, in good standing, and associated with the Proposer in the records of the Florida Department of Business and Professional https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.orangecountyfl.net%2FPortals%2F0%2FLibrary%2FVendor%2520Services%2Fdocs%2FHuman%2520Traffic%2520Template.docx&data=05%7C02%7CTracy.Attenasio%40ocfl.net%7C4054a56d956c4a7b80b608dc952264e9%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C638549222153481831%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=gAN6MHXGbfCWRMwha%2BuwJ61AM%2FLHLadmQctV5J%2FicQI%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ocfl.net%2Fvfr)&data=05%7C02%7CTracy.Attenasio%40ocfl.net%7C4054a56d956c4a7b80b608dc952264e9%7Cd054bfee60a64f9f8d90a10bc4585279%7C0%7C0%7C638549222153494319%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=9MI8T7QAsafvc3JcV6u%2Fmvs2xqyuxth%2B5ZWlhZ%2BWXRk%3D&reserved=0

Regulation (DBPR). Such documentation shall clearly identify both the Proposer and the qualifying agent.

If the Proposer is submitting as a Joint Venture, this requirement shall be satisfied by demonstrating that the Joint Venture is properly qualified in accordance with Chapter 489, Florida Statutes, through a licensed General Contractor acting as a qualifying agent for the Joint Venture.

The required licensure and qualification shall be in effect at the time of proposal submittal and shall be maintained throughout the term of the contract. The County reserves the right to verify licensure and qualification status with DBPR at any time.

FAILURE TO COMPLY WITH THE PRE-REQUISITE ABOVE SHALL DEEM THIS

PROPOSAL NON-RESPONSIVE WILL NOT BE CONSIDERED FURTHER.

WRITTEN PROPOSAL – SUBMITTAL REQUIREMENTS

A. Key Personnel.

The On-site Senior Project Manager and On-site General Superintendent must be two different individuals, one of the individuals shall be currently employed by the Proposer.

The On-site Senior Project Manager must hold a Bachelor’s Degree prior to the due date of proposals submitted for this RFP. A diploma copy must be submitted as back up for validation of any degree. The diploma copy must be labelled D-4.

Failure to provide proof of degree shall result in a score of zero for all similar projects submitted for that key personnel.

The On-site General Superintendent must have either an Associates degree or a Trade License and possess an OSHA 10-hour certification. A diploma must be submitted as back up for validation of any degree, and an OSHA 10 DOL card must be submitted as back up for validation of OSHA 10-hour certification. A copy of the trade license or Associates degree should be labelled E-4. A copy of the Osha 10 DOL card should be labelled E-5. Failure to provide proof of diploma or OSHA certification shall result in score of zero for the similar project criteria.

Other Key Personnel must be clearly identified on the organizational chart submitted with the proposal.

B. Similar Projects. The Proposer shall provide information on Similar Projects completed by each of the On-site Senior Project Manager and On-site General Superintendent. Note: The Similar Projects shall be for the individuals identified as On-site Senior Project Manager and On-site General Superintendent, not for the Proposed CMAR firm.

1. “Similar Projects” for the proposed Construction Manager at Risk (CMAR) On-site Senior Project Manager and the proposed On-site General Superintendent for the RFP should submit at least three (3) substantially completed projects defined as a construction of a single project, successfully completed and issued a certificate of occupancy or completion by the authority having jurisdiction, inclusive of the following elements:

Mandatory Elements:

(a) All Similar Projects submitted for consideration must have reached substantial completion within the twenty (20) years immediately preceding the Proposal due date for this RFP. For phased projects, each phase must have been successfully completed, with the final phase substantially completed within the same twenty (20)-year period.

(b) All “similar projects” must have been substantially completed within the contiguous United States, Alaska, and Hawaii.

(c) All “Similar Projects” must have been substantially completed in an active and fully operational commercial facility.

Non-Mandatory Elements:

(d) Installation of the following elements: mechanical, electrical, plumbing, fire protection systems.

(e) Installation of an HVAC building controls system.

(f) Removal of existing chilled water AHUs exceeding 15 tons and their replacement with units of equal or greater capacity, including connection to infrastructure and associated ancillary equipment.

(g) Demolition of existing facilities to enable delivery and installation of

HVAC equipment and infrastructure.

In order to receive consideration as a “Similar Project” each project must fully meet the Similar Project description set forth in this Section. Failure to meet these requirements will result in the project not being considered as a Similar Project and receive a score of zero for that project.

2. Similar Project Scoring Criteria.

(a) On-site Senior Project Manager Scoring Criteria: Elements (a) through (c) above are mandatory elements. Those “Similar Projects” with less than the three (3) mandatory elements will not be considered similar and will receive a score of zero. In order to receive consideration for one-half (1/2) point, a “Similar Project” must contain mandatory elements (a) through (c) and at least two (2) of the remaining elements

(d) through (g). In order to receive one (1) full point, a “Similar Project” must contain all seven (7) total elements.

(b) On-site General Superintendent Scoring Criteria: Elements (a) through (c) above are mandatory elements. Those “Similar Projects” with less than the three (3) mandatory elements will not be considered similar and will receive a score of zero. In order to receive consideration for one-half (1/2) point, a “Similar Project” must contain elements (a) through (c) and at least two (2) of the remaining elements (d) through (f). In order to receive one (1) full point, a “Similar Project” must contain all seven (7) elements including all three (3) mandatory elements.

3. The Proposer shall ensure that the basic descriptions of the Similar Project, including all required performance requirements and/or dimensions are identified and that the elements are adequately explained in the text. The description shall document how the particular element was performed in conjunction with the overall project. The mere listing of elements without specific details in the body of the description to support the Similar Project will negatively impact the scoring for the project.

4. Failure to identify the specific performance requirements, capacity limits, and/or dimensions of the project to ensure it meets the Similar Project description shall negatively impact that project’s score.

[Note: Determination of a project as similar shall be at the sole discretion of the County.]

5. Definitions. For purposes of evaluation of Similar Projects, the following definitions shall apply:

(a) On-site Senior Project Manager: Individual who managed the administrative elements of the Similar Project, was the primary point of contact for the client, directed the production of the construction work products, while performing those services from pre-construction to substantial completion of the project.

(b) Onsite General Superintendent: Defined as the individual who assisted the On-site Senior Project Manager as the lead technical supervisor of the project -construction activities from pre-construction to substantial completion of the project as described in the similar project criteria. The position served as the point of contact for the client in the On-site Senior Project Manager’s absence.

[Note: To be credited as “Similar Projects” for the proposed On-site Senior Project Manager and On-site General Superintendent, the individual must have served in the role as defined above from the percent complete deliverables defined by this RFP or pre-construction to substantial completion of the project construction activities, budget, and schedule duration. If the proposed On-site Senior Project Manager and On-site General Superintendent did not manage from the percent complete deliverables defined by this RFP or pre-construction to substantial completion, that project shall receive a score of zero (0).

(c) Substantial Completion: Completion of the work in accordance with the construction contract documents, so that the owner may use or occupy the project or designated portion for the intended purpose. If a phased project, all phases shall be substantially completed. The date of substantial completion must be prior to the due date of proposals for this RFP.

C. Experience of the Project Team. It is the responsibility of the Proposer to verify subcontractors and other team members’ satisfactory performance on previous Orange County projects (see Form F).

D. Substitution of the On-site Senior Project Manager, On-site General Superintendent, or Other Key Personnel: The CMAR shall not substitute any key personnel without the prior written approval of the Manager of the Procurement Division. Any such requests shall be supported by comprehensive documentation outlining the reason(s) for the proposed substitution to include the specific qualifications of the proposed substitute. Approval of the request shall be at the discretion of the County. Further, the County, in lieu of approving a substitution, may initiate other actions under the Contract, including termination. Substitution requests shall not be considered before contract execution.

E. Reference Checks.

1. The contact person listed as a reference shall be someone who has personal knowledge of the Proposer’s performance during the referenced project.

Contact persons must have been informed that they are being used as a reference and that the County may be calling or emailing them. More than one person can be listed but all must have knowledge of the project.

2. DO NOT list principals or officers who will not be able to answer specific questions regarding the project.

3. Failure of references listed to respond to the County’s inquiries may negatively impact the rating of the Proposal. The reference shall be the owner or a representative of the owner. An owner’s representative is defined as a firm or individual hired by the owner to oversee the design or construction oversight services performed by the prime contractor. Consultants or contractors who provided services under the referenced project (contract) shall not be accepted as references unless they were hired as the owner’s representative for the referenced project (contract).

F. Financial Stability Analysis: Proposers must submit the following evidence of financial stability:

1. Provide a Letter in Good Standing from a banking institution (do not provide proprietary information)

Financial capacity will be evaluated on the basis of the firm’s Experian™ Financial Stability Risk Score, as queried by the County at the County’s expense. Such scoring shall be provided by the Procurement Division and evaluated in accordance with the scoring definitions defined in the Procurement Procedures Manual.

Section 7: Evaluation of Proposals

A. Weighted Criteria. The following criteria and weights shall be utilized in the evaluation of the Proposals:

Criteria Weight Similar Projects Completed by the Proposed On-site Senior Project Manager (Form D)

Similar Projects Completed by the Proposed On-site General Superintendent (Form E)

Skills and Experience of the Project Team (Form F) 15 Location (Form C) 10 Approach, Understanding, Scope Response (Form H) 25 Financial Stability 5

TOTAL 80

Impacts to Evaluation

The minimum threshold to proceed as a qualified respondent shall be established at 60% of the maximum total weighted points.

B. Procedures After Receipt of Proposals.

1. Proposals will be evaluated, scored, and short-listed by a Procurement Committee based on the weighted criteria described herein.

2. After the Procurement Committee completes its evaluation, the evaluation results and the short-listed Proposers will be posted at the Public Notice Board at the Procurement Division office, 400 E. South St., Second Floor, Orlando, FL 32801 and at http://apps.ocfl.net/OrangeBids/AwardsRec/default.asp.

Upon expiration of the period allowed for protests, the item will be scheduled for the consideration at an upcoming Board of County Commissioners’ meeting.

If oral presentations are required, the short-listed Proposers will be notified of the presentation procedures and schedule. If oral presentations are not required, the short-list will be provided to the Board for discussion and approval.

3. Following Board approval, the County shall begin contract negotiations as set forth in Section 3.A. above.

Section 8: Additional Information

A. Contract Award. The County will award a single contract for this…

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