SUBMISSION REQUIREMENTS LANDSIDE & AIRSIDE TERMINALS.

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1 GREATER ORLANDO AVIATION AUTHORITY REQUEST FOR PROPOSALS (RFP) FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR THE SOUTH TERMINAL C, PHASE 1 - LANDSIDE & AIRSIDE TERMINALS ORLANDO INTERNATIONAL AIRPORT SUBMISSION REQUIREMENTS LANDSIDE & AIRSIDE TERMINALS For information regarding the South Terminal Phase C, Phase 1 ( Project ) and Scope of Services, refer to the Advertisement. The Advertisement and all other information pertinent to this RFP are available online at the Authority's web site: Written inquiries shall be directed to Mr. Mark W. Birkebak, AIA, Director of Engineering, Greater Orlando Aviation Authority at: WS112@goaa.org. Questions received after close of business on Wednesday, September 16, 2015, will not be answered. Interested Proposers are requested to submit twelve (12) printed copies and one (1) electronic PDF version* on compact disk (or single-layer DVD) of the Proposal up to 2:00 p.m. local time on Thursday, September 24, 2015 to the Receptionist Office, Greater Orlando Aviation Authority, Orlando International Airport, 5850-B Cargo Road, Orlando, FL Any Proposal received after the time and date stated above will not be considered and will be returned unopened. Proposals shall be submitted in sealed packages, clearly labeled Proposal for Construction Management at Risk Services for South Terminal C, Phase 1 (WS112). *PDF submission requirements: All documents shall be PDF/A compliant with embedded fonts and no reference to external files. Scanned documents shall be created as PDF/A compliant, made text searchable and have a minimum resolution of 300 dpi. Submittals shall have navigational bookmarks inserted in lieu of any tabs required in the hard copy. The entire submittal shall not exceed a single layer DVD disc. In cases where there are discrepancies between the PDF and hard copy, the hard copy shall take precedence. Proposals in print form should include the following: one (1) volume, addressing each numbered subsection in the order requested, indexed and clearly identified. All information for items 1-9 (except resumes and graphic exhibits) should be submitted on one-sided 8 1/2 x11 pages in Arial font with no smaller than 12 pitch font. Proposals that are not in compliance with the Submission Requirements may be downgraded accordingly. PROPOSAL REQUIREMENTS 1. Proposing Entity Structure: Proposer s Statement of the following: a. Name and address of the legal entity that will contract with the Authority if awarded the Agreement for the Project. b. Name, address, address and telephone/fax numbers of one (1) individual to whom all future correspondence and/or communications will be directed. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 1 of 13

2 c. A statement declaring the type of entity or business relationship the Proposer will use (i.e., a single company, joint venture or other form of business relationship to perform the Services). If the Proposer is a JV or partnership, the Proposer shall provide an executed copy of the JV or partnership agreement. If the Proposer is a JV or partnership, the Submission Requirements may be satisfied by either JV entity or partner, except that: SCORED CRITERIA i. the JV or partnership must be the named Principal on the Surety s acknowledgement required by Section 7 below, ii. the JV or partnership must hold, in the name of the JV or partnership, the general contractor s license as set forth in Section 8 below, and iii. the JV or partnership must be the proposed policyholder of the insurance required in Section 9 below. 2. Executive Brief: An Executive Brief which includes: a. Construction Management Team and Key Personnel (25 Points): A narrative demonstrating that Proposer has a highly qualified, professional and experienced construction management team skilled in preconstruction and construction services for projects of a scale and complexity similar to the Project, including managing all team members and coordinating with all stakeholders, design and conflict review, value engineering, scheduling, bidding and procurement, construction means and methods, site logistics, project planning and construction management. Please do not include any independent design consultant firms as part of the proposed team. The Authority may disqualify or re-score Proposers that make any material changes to the proposed team or key personnel after submission of the Proposal. Include the following information: i. Identify Proposer s Program Manager, who will be the primary point of contact for the Authority and will be on-site full time and responsible for the execution of the Program. ii. An organization chart identifying the proposed management team members (by name of firm and key personnel from each firm), including proposed DBE, MWBE and LDB firms and key personnel. Please identify proposed staffing for the following roles: Program Manager, Project Managers, Design Manager (for value engineering and constructability reviews), Preconstruction Manager (for outreach, bidding and award), Superintendent, Senior Scheduler, Senior Estimator, LEED Coordinator, BIM Specialist, Safety Manger. It is preferred, but not required, that individuals be identified for each role. iii. A written staffing plan for the Project for each position shown on the organization chart. Include the name, title, employer and proposed responsibility of each proposed team member, including each proposed subconsultant. iv. Detailed resumes for each person shown on the organization chart. Resumes must provide details of experience on comparable projects or other relevant experience, including employment history, professional licenses and current geographic location. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 2 of 13

3 v. Provide a staff schedule indicating the anticipated time involvement on the Project for each position shown on the organization chart. Identify the duration the team member will be providing CM@R Services, if the team member is to be located on-site or at the Proposer s home office and the percentage of the team member s total work week that is anticipated to be devoted to the Project (e.g., John Doe, Assistant Project Manager, duration November 4, 2012 to November 15, 2014, on-site 100%). For the RFP purposes only, assume a Notice-To-Proceed (NTP) for preconstruction of January 11, 2016, a NTP for construction of October 20, 2016, 100% Construction Documents by March 13, 2017, and Substantial Completion of October 1, vi. A listing of the current and projected workloads of the Proposer for the next FOUR years, demonstrating that the Proposer has the capacity to provide the required Services using the proposed key personnel. b) Project Experience Summary (25 Points): It is preferred that Proposer has completed a minimum of two (2) construction management at risk (or construction management as agent or design-build) projects of a similar nature during the past TEN (10) years, at least one (1) of which was an international airport terminal in the United States and at least one (1) of which was an airport terminal project with a construction value of not less than Three Hundred Million Dollars ($300,000,000). Include the following information for no more than five projects that demonstrate the Proposer s experience and capabilities: i. Identify which two projects meet the preferred requirements. ii. A description of each project in sufficient detail to clearly describe the scope of work, the major participants and the delivery method(s) used, including the project name, location and owner. iii. A description of Proposer s role on each project during both pre-construction and construction phases. Identify the type and percentage of overall construction cost for all self-performed work. If performed as part of a joint venture, identify the joint venture partners and Proposer s specific role on the joint venture. iv. The role, if any, of each of Proposer s key personnel (including team members) proposed for this Project. v. State and compare the original budgeted construction estimate with the actual final construction cost and explain any difference. vi. The original contract and actual final project completion date and explain any difference. vii. The name, title, address, address and phone/fax numbers for a reference contact person of the Proposer s client, preferably the owner of the facility, who is familiar with the Proposer s role on that project. Reference checks will be conducted. viii. Please identify by project or bid package number all contracts awarded to the Proposer by the Authority over the fifteen (15) past years. ix. Identify projects of the Proposer and key personnel that demonstrates experience with clash detection technology (Building Information Modeling (BIM)). Identify the software that was used. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 3 of 13

4 x. Identify projects of the Proposer and key personnel that adhered to sustainable design guidelines, incorporating and furnishing sustainable construction methods and procedures, which may include LEED. Identify the version of LEED for each project as applicable. c) Construction Management (CM) Approach (35 Points): It is anticipated that the Project will be constructed by the in multiple phases, with various phases subject to the availability of funding and with each phase having a separate GMP. Include the following: i. Architects and Engineers ("A/E") Coordination: The Authority s A/E will provide both design and construction administration services including review of submittals, responding to requests for information and conducting periodic site visits to ensure compliance with design requirements (not inspection). Provide a narrative explanation of your proposed management approach and interaction with the A/E team during pre-construction and construction of the Project, describe how the Proposer will perform design reviews, value engineering to assist the A/E in finding better or less expensive approaches for the same or better quality work, coordination and management of three dimensional design models produced by the A/E, and coordination of phasing/scheduling considerations with the A/E to identify separate packages of work based on funding availability and to maximize small business participation. ii. Pre-Construction Phase Approach: A narrative explaining how the Proposer will use its management team to perform the pre-construction services, which include, but are not limited to, estimating, schedule development, reporting, site logistics planning, design review, detection of coordination and constructability issues, preparation of individual Guaranteed Maximum Price (GMP) proposals. Describe the Proposer s past experience performing similar pre-construction services by using specific examples involving the staff proposed for this Project. iii. CM Approach: A narrative description of your proposed management approach for this Project, including the proposed project management tools and practices employed to ensure cost control, risk mitigation, quality control and schedule management on a phased project, administration of the CM@R s Contingency and reconciliation of each GMP upon completion of the GMP work. iv. Self-Performed Work: The CM@R must have the capability to self-perform up to 20% of the estimated direct cost of the work. List the various trades and types of work for which Proposer has specific expertise self-performing, equipment, labor and experience. Include a listing of recent projects where Proposer has self-performed this type of work. For each project listed above, provide the name, title, address, address and phone/fax numbers for a reference contact person of the Proposer s client, preferably the owner of the facility, who is familiar with the Proposer s self-performed work for each project. Reference checks may be conducted. v. Procurement of Subcontractors: Describe the Proposer's approach to the procurement of subcontractors, including stimulation of bidder interest, community outreach, public advertisement, prequalification and competitive bidding processes. Identify the technology used, if applicable. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 4 of 13

5 vi. Safety: A description of your organization s approach to managing safety on construction projects. Also include an overview of your company s recent safety record and your company s experience modification rating (EMR) for the last three (3) years as determined by the National Council on Compensation Insurance (NCCI). d) Site Access, Management and Logistics (5 Points): The Project Site is accessible to the public. The Site connects to the South Airport APM Complex and Intermodal Terminal Facility. Include the following: i. Outline the steps you recommend to coordinate with the CM@Rs for the South Airport APM Complex and Intermodal Terminal Facility and other rail system owners or contractors that may be constructing sections of adjoining and adjacent improvements. Include suggested work site organization, access, construction phasing, the steps you propose to prevent the construction operations from having any adverse impact on the public s use of the APM Complex and ITF and how you would maintain the standards of the Orlando Experience during construction. ii. Provide a coordinated graphical construction and site logistics plan, with accompanying narrative, for the Project showing the Proposer s plans to carry out the work, adjacent to and at the same time as the other South Airport APM, ITF and/or other rail facilities may be under construction. 3. Insurance and Risk Management Plan (5 Points) The Project will include preconstruction and construction services for multiple GMPs, which may have a cumulative construction value in excess of $500,000,000. See Section 9 for the minimum insurance coverage requirements which the Authority will evaluate on a pass/fail basis. For this scored Section 3, identify the maximum level of Commercial General Liability coverage that Proposer can obtain for this Contract and the estimated cost associated therewith and provide a narrative describing the Proposer s proposed or recommended risk management and insurance coverage methodology for the Contract, including its insurance coverage plan for reducing the coverage limits for subconsultants and subcontractors to a range commensurate with their capability to procure such coverage (which should address at a minimum the balancing of risk management requirements and the Authority s goal of maximizing MWBE and LDB participation). A Contractor's Controlled Insurance Program (CCIP) that includes CGL, Workers Compensation and Pollution Liability coverage is preferred. Provide a narrative describing your recommended plan for insuring subcontracted work. Indicate which trades you would plan to require bonds or if you intend to use a program like Subguard. Provide your anticipated Subguard rate, if applicable. 4. Small and Minority Business Programs (5 points): Proposers are advised that funding sources may require compliance with the Authority s Disadvantaged Business Program ("DBE") Program, per 49 CFR Part 26, the Authority's Minority and Women Business Enterprise ("MWBE") Program, Local Developing Business ("LDB") Program and/or Service-Disabled Veteran-Owned Business Enterprise Program. The Policies, Forms and certified Directories are available on-line at the Authority s web site: CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 5 of 13

6 The Proposer shall prepare a written action plan that demonstrates the Proposer s understanding of the participation programs and how the Proposer will achieve the participation goals for each Project. The Proposer shall specifically include in the written action plan: a. Include a statement that Proposer understands that the funding sources will dictate which small business participation program applies and that, upon Authority notification of the funding source, it will comply with the applicable Program(s). Proposers are encouraged to include Service-Disabled Veteran-Owned Businesses in their Proposals. The Authority will count those firms towards the LDB goal. b. Construction Management: The Authority has established a minimum participation DBE participation goal of 25%, an MWBE participation goal of 25% and an LDB participation goal 5% for construction management services to be rendered in connection with this Contract. The successful Proposer commits to achieving the DBE goal in lieu of the MWBE and LDB goals in the event funding sources require DBE program compliance. During negotiations for each Preconstruction Services Addenda and each GMP, the Authority will identify which Program(s) apply to the scope of work. For counting small and minority business participation, construction management services is defined as all services and compensation that is not subcontracted or self-performed Direct Cost of Work construction services (i.e., general conditions and fee rates are considered construction management services). Construction management participation can be achieved through any combination of (a) first tier subconsultant/subcontractor participation, which is defined as a subcontract with the Proposer, (b) second tier participation, which is defined as a sub-subcontract between a first tier subconsultant/subcontractors and a sub-subcontractor/subconsultant, or (c) through participation by a small or minority Joint Venture partner. Assume that management services will include such functions as supervision, cost control, document management, use of technology to manage information and streamline processing of documents, scheduling, planning, cost estimating, quality control, trade coordination, billing, material procurement, logistics and closeout. Describe your approach to meeting these goals for the overall construction management of the Project, including the name, anticipated work scope and proposed participation percentage for each proposed entity. If any portion of the proposed participation is through a joint venture partner of the Proposer, include documentation of the joint venture agreement, ownership interests, management responsibility, estimated percentage participation, scope of work, ERM and profit and loss sharing. The proposed participation must be such that the firms are performing useful business functions according to custom and practice in the industry. Provide a discussion of your history of performance in achieving participation goals on management services on past projects. c. Construction Services: The Authority has established a minimum DBE participation goal of 25%, a minimum MWBE participation goal of 20% and a minimum participation goal of 4% for LDB for all construction services to be rendered by the CM@R in connection with this Project. The successful Proposer commits to achieving the DBE goals in lieu of the MWBE and LDB goals in the event funding sources require DBE program compliance. Participation for construction can be met through a combination of both first and second-tier subcontractor participation and by self-performance of the work by the Proposer s Joint Venture partner. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 6 of 13

7 State your commitment to comply with the terms of the Authority s policies and to work with the Authority in exceeding the overall goals for the subcontracting of construction trade work. Provide a specific plan to develop and implement a Community Outreach Program to ensure that the local small business community, in addition to DBE subconsultants and subcontractors, are engaged in the Project, made aware of business and subcontracting opportunities and have a fair opportunity to participate in the Project including, but not limited to such activities as information sessions, workshops, meet and greet events and newsletters. Describe how you will make good faith efforts to meet the goals, such as encouraging joint ventures, dividing the work into segments that will allow smaller firms to participate, implementation of an apprentice program, assisting small businesses with obtaining appropriate levels of insurance coverage and lowering subconsultant insurance thresholds to accommodate greater participation. Include a discussion of your history of performance in achieving participation goals for construction services on past projects, preferably in reference to those projects disclosed in Section (2)(c), and specifically address: The goals advertised by the public entity. The goals you proposed for the project The participation percentage that was actually attained The methods in which the participation was attained, and Lessons learned. Questions concerning the programs can be addressed to the Owner's Office of Small Business Development, Attn. Ms. Michelle Tatom, Director, Greater Orlando Aviation Authority, Orlando International Airport, 5850-B Cargo Road, Orlando, FL 32827; phone number (407) , MTatom@goaa.org or to Mr. Somdat Jiawan, Manager, Construction and Professional Services, at phone number (407) , SJiawan@goaa.org. Proposers shall be solely responsible for confirming subcontractors' experience, capacity, certification and any other information related to compliance with the programs. PASS/FAIL CRITERIA 5. Small Business and Minority Business Participation Plan: Proposers must evidence a commitment to comply with the Programs and Specific Participation Goals set forth in Section 4 above. 6. Claims, Terminations and Violations on Public Projects: For all public construction projects, on behalf of a governmental entity, provide the following: a. Identify all instances within the past 5 years where the Proposer or its team members have failed to comply with or been the subject of an investigation of an alleged violation of state or federal laws related to permitting, environmental, or equal employment regulations, safety issues or contract crime (involving fraud, bribery, collusion, conspiracy, or material misrepresentation). b. Identify all contracts held by Proposer which have been suspended or terminated for cause within the past five (5) years. For each such contract, identify the party that initiated the CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 7 of 13

8 suspension or termination, the stated grounds for termination and provide an explanation of the circumstances leading to termination. c. Disclose all lawsuits, arbitrations and claims filed or raised by or against the Proposer by or against a public sector owner (except subcontractor payment disputes) over the last five (5) years, specifically identifying: i. The project involved. ii. The parties involved. iii. The nature of the claim(s). iv. Case style, number, and jurisdiction. v. Amount at issue. vi. Disposition or status; specifically disclose whether there was a finding or determination that the Proposer breached the contract or whether liquidated damages were assessed. For the purpose of this Section 6 disclosure, Proposer shall be defined to include any joint venture partner, predecessor, successor or affiliated entity. The Authority reserves the right to reject any Proposal that includes a lengthy history of claims, terminations or violations, if the Authority, in its sole discretion, determines that a Proposer s history indicates that it may not be sufficiently responsible for this complex, public Project. If any Proposal contains insufficient information required by this section, the Authority will send a written notice to the Proposer describing the irregularity and the date and time by which it must be corrected. The Authority s Professional Services Committee (PSC) may conditionally pass a Proposer, if, in its sole discretion, it is anticipated that the Proposer will be able to correct the irregularities and submit the information within the timeframe set by the Authority. 7. Bonding Capacity: The amount of the Performance and Payment Bonds or alternate security shall equal the contract price, which may exceed $500,000,000. Provide an acknowledgement by the Proposer s Surety of the Proposer s ability to provide 100% Performance and Payment Bonds for a minimum of FIVE HUNDRED MILLION dollars for a single project in the name of the Proposer as the Principal under the Bonds or ability to provide an alternative form of security as set forth below. Also provide evidence of the Proposer s maximum single project bonding capacity and Proposer s aggregate bonding capacity. The Surety must be rated no less than A- as to management and no less than VIIl as to strength, by the latest edition of Best s Insurance Guide, published by A.M. Best Company, Post Office Box 1107, Summit, New Jersey Information shall be provided by the Surety on behalf of the Proposer. In accordance with Florida Statutes , in lieu of the 100% Performance and Payment Bonds, Proposer may provide an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625, Florida Statutes. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as the Authority s standard form payment and performance bonds. If a Proposer elects to submit such alternative security, it must provide verifiable proof of the Proposer s ability to provide statutorily-compliant security valued at a minimum of $500,000,000. For example, if Proposer intends to post a letter of credit, Proposer CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 8 of 13

9 shall provide an acknowledgment by its lender or financial institution regarding its ability to obtain an acceptable letter of credit. If any Proposal contains insufficient or unacceptable bonding information, the Authority will send a written notice to the Proposer describing the irregularity and the date and time by which it must be corrected. The Authority s Professional Services Committee (PSC) may conditionally pass a Proposer, if, in its sole discretion, it is anticipated that the Proposer will be able to correct the irregularities and submit the proper evidence of ability to obtain the bonds or alternate security within the timeframe set by the Authority. 8. Licensure: At the time of submission of the Proposal, Proposers must be licensed as a general contractor in accordance with Florida law and shall be familiar with all applicable federal, State of Florida, Orange County, Florida, and City of Orlando codes, regulations and laws. Include the following: a) Provide evidence of the proper applicable licenses. Enclose a copy of the applicant s current general contracting license from the Florida Department of Business and Professional Regulation. b) Provide a current Certificate of Corporate Status issued by the Florida Department of State. In the event that a Proposer omits the proper licensing documentation in the Proposal, the PSC can independently check the State of Florida Department of Business and Professional Regulation website to determine if the Proposer had a valid Florida general contractor license at the time the Proposal was submitted. The PSC may conditionally pass a Proposer, if, in its sole discretion, the PSC has determined that a valid Florida general contractor license was in effect at the time the Proposal was submitted, subject to the Proposer, within the timeframe set by the Authority, submitting proper evidence of licensure. 9. Insurance Coverage: Include evidence of the Proposer s ability to provide the following minimum insurance coverage either by means of any existing policy or other verifiable proof (Agent/Broker commitment letter): a) Commercial General Liability (CGL): The CGL coverage must be a Project-specific endorsement with minimum coverage of $25,000,000 per occurrence and as an annual aggregate, with a maximum deductible or self-insured retention in an amount not exceeding $100,000, and must include Completed Operations Coverage for ten (10) years following completion per the period of Florida statutory liability (Fla. Stat ), with no ISO Form 2294 Rider or other subcontractor error exclusion. b) Professional Liability (PL) - Minimum of $5,000,000 per claim, $10,000,000 annual aggregate, with maximum deductible or maximum self-insured retention in an amount not exceeding $100,000. c) Automobile Liability Minimum of $5,000,000 per occurrence with maximum deductible or maximum self-insured retention in an amount not exceeding $100,000. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 9 of 13

10 d) Worker s Compensation - (statutory limit) and Employer s Liability: $500,000 - each accident $500,000 disease - policy limit $500,000 disease - each employee Policy terms must be acceptable to the Authority. If any Proposal contains insufficient or unacceptable insurance information, the Authority will send a written notice to the Proposer describing the irregularity and the date and time by which it must be corrected. The PSC may conditionally pass a Proposer, if, in its sole discretion, the Proposer will be able to correct the irregularities and submit the proper evidence of ability to obtain the proper insurance within the timeframe set by the Authority. 10. Required Certifications Include Exhibit A, signed by a person with authority to bind the Proposer, 11. Any additional information, which may be requested by the Authority at the Pre-Submittal Conference. EVALUATION AND AWARD CRITERIA Shortlisting The PSC will initially determine whether each Proposal is responsive and sufficiently acceptable to be scored, based upon whether: a) the Proposal was properly delivered, on time, in the proper formats and with the Section 1 and Section 10 information included; b) the approach to compliance with small business participation programs is adequate; c) the Proposer s claims, termination and violations history, as set forth in Section 6, does not create a basis for disqualification; d) the bonding requirements set forth in Section 7 have been satisfied; e) the licensing requirements set forth in Section 8 have been satisfied; and f) the insurance requirements set forth in Section 9 have been satisfied. The PSC will only score the Proposals that pass this initial review. The PSC will score the Proposals by assigning up to the maximum number of points for each section as set forth above (up to a total of 100 points) based on the PSC s evaluation of the Proposals. The Authority reserves the right to independently verify, through reference checks, investigations and solicitations from available sources, the veracity and accuracy of all information submitted in the Proposal, including relevant information concerning a Proposer s past performance on any project and the Authority may consider such information in its selection of the shortlisted Proposers. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 10 of 13

11 Depending upon the volume and quality of Proposals, the PSC will either (i) establish a preliminary shortlist of no less than three Proposers with the highest scores and only invite those shortlisted Proposers for a presentation and interview or (ii) invite all Proposers to make a presentation and be interviewed. Review of Proposed Contract By Interviewed Proposers All Proposers that are invited for an interview will be provided a copy of the Authority s proposed CM@R contract. Proposers shall thoroughly review the proposed contract and deliver to the Authority, no later than 1:00 p.m. on October 29, 2015 or such other date and time that the Authority may specify, a statement that the Proposer has reviewed the proposed contract and is willing to execute the contract without substantial revision of any terms, or Proposer shall identify all objections to any proposed contract term(s), by reference to the specific section number and provide proposed substitute language that is acceptable to the Proposer. If there are any objections, a red-line to the proposed contract is preferred. The Authority will evaluate the submissions and will issue a Final Draft Contract to all shortlisted firms to use as the basis for their Fee Proposals. Further negotiations over contract terms will be limited and the Authority may refuse to negotiate any term for which the Proposer did not properly submit proposed substitute language. CM@R Fee and General Conditions Proposal ("Fee Proposal") Notice of the interview schedule will be sent to all firms. Proposers that are invited for an interview shall submit a Fee Proposal in a sealed envelope clearly labeled "FEE PROPOSAL FOR WS112" to the same location as the Proposal submission location prior to the first scheduled interview (tentatively November 4, 2015, date subject to change). The Fee Proposal shall be submitted on the Form to be provided by the Authority and include proposed rates for the CM@R Fee and General Conditions, each stated separately, as a percentage of the Direct Cost of the Work. The Fee, General Conditions and Direct Cost of the Work are defined terms in the Contract. For the purpose of the Fee Proposal only, the anticipated Direct Cost of the Work (inclusive of preconstruction and construction phases) is between $500,000,000 and $750,000,000. Presentations and Interviews The Proposer s presentation should focus on Section 2 (Executive Brief) of the Proposal, plus other factors that may be requested by PSC. After the presentation, the PSC members will ask questions regarding the Proposer s Proposal, the proposed contract objections, if any, and the presentation. Following the presentations and questions, the PSC will discuss and evaluate the Proposers and, will score, or if appropriate, adjust the score of each Proposer, using the same scoring system defined above; and the written statement of objections regarding the proposed contract, if any, will be scored, up to a maximum of 5 points, with 5 points given for the unqualified, clear statement that there are no objections to the proposed contract. After scoring the Proposals (or re-scoring if applicable), the PSC may revise the preliminary shortlist, if any, and create a final shortlist. All effort will be made to establish the final shortlist on the same date of the interviews; however, the PSC may re-convene at a later date. Final Award Criteria Final award will be based exclusively upon the Fee Proposal. Following the announcement of the final shortlist, the PSC will publicly open the Fee Proposals submitted by the final shortlisted Proposers. The PSC will recommend to the Authority Board for selection for negotiations, up to TWO Proposers with the lowest, responsive Fee Proposals. PROPOSERS ARE CAUTIONED THAT IF SELECTED FOR ANY CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 11 of 13

12 PORTION OF THIS PROJECT, THE PROPOSER WILL BE DISQUALIFIED FROM THE RELATED AIRFIELD PROJECT (WS114). NO PROPOSER WILL BE SELECTED FOR MORE THAN ONE AWARD. Contract Negotiations The Authority intends, but is not obligated, to enter into a non-exclusive agreement with the selected Proposer(s) using the published Contract Form. The extent and scope of the services, the division of work between each CM@R and the insurance and bonding costs may be negotiated as part of the initial contract award with the selected Proposers. Upon award, the proposed Fee and General Conditions rates will be incorporated into the Contract and remain binding through Final Completion of the entire Project. Within THREE business days of the PSC's recommendation of selection of Proposer(s) for negotiations, the selected Proposer(s) shall provide to the Authority, (via to the address identified in the Addenda or otherwise agreed-upon delivery), the Proposer's sample, proposed insurance policies (which may be existing policies or other sample) for the following coverage: (1) Commercial General Liability and Professional Liability for the preconstruction phase and (2) Professional Liability, Commercial General Liability or Contractor's Controlled Insurance Program (CCIP) and proposed CCIP Insurance Manual for the construction phase. The Authority will evaluate the policies and determine whether each policy is in substantial compliance with the Authority's requirements. Once approved, actual policies must not deviate from the policy terms that have been accepted. Should the Authority be unable to negotiate a satisfactory contract with a selected Proposer, negotiations with that Proposer will be terminated. The Authority may then undertake negotiations with the next lowest, responsive Proposer. Upon successful completion of negotiations with a Proposer, the Authority shall have the right, but not the obligation, to award any, all or none of the Project or Services. All awards are subject to the availability of funding. The Authority reserves the right to modify the scope of the Project or Services at any time, including modifying how the work is divided between the CM@R entities, retaining additional CM@R entities or otherwise. The Authority reserves the right to waive any minor informalities or irregularities in a Proposal, to reject any and all Proposals, to re-advertise for Proposals or to elect not to proceed with the Project for any reason. The Authority further reserves the right to cancel, abate or accelerate the Project or any component, at any time during the procurement process. All recommendations and decisions regarding award of the Project shall be made at open public meetings in accordance with the requirements of Florida Statute , and all interested parties are invited to attend such meetings. In accordance with Florida Statute (10), the Authority declares that all or any portion of the documents and work papers prepared and submitted pursuant to this solicitation shall be subject to re-use by the Authority. Only those Proposers submitting Proposals, which meet the requirements herein, will be considered for this Project, regardless of past contact with the Authority, or other agencies, departments or staff personnel. In accordance with Authority Policy Section , actions taken by the PSC may be appealed by submitting a written appeal request to the Executive Director within five business days of the action that CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 12 of 13

13 is the subject of the appeal. Failure to appeal within this timeframe shall constitute a waiver of the right to appeal. ADDITIONAL INFORMATION Proposer s personnel will be required to meet the Authority s requirements for security background checks. All personnel requiring unescorted access to a secure or sterile area of the airport must undergo a Criminal History Records Check (CHRC) and are subject to the requirements of Title 49 of the Code for Federal Regulations Part 1542 or 1544 and the Airport Security Improvement Act of LOBBYING RESTRICTIONS Proposers are hereby advised that individuals, who conduct lobbying activities with Aviation Authority employees or Board members, must register with the Aviation Authority each year prior to conducting any lobbying activities. A statement of expenditures incurred in connection with those lobbying instances should also be filed prior to April 1st of each year for the preceding year. As of January 16, 2013, lobbying any Aviation Authority Staff, who are members of any committee responsible for ranking Proposals, Letters of Interest, Statements of Qualifications or Bids and thereafter forwarding those recommendations to the Board and/or Board Members, is prohibited from the time that a Request for Proposals, Request for Letters of Interests, Request for Qualifications or Request for Bids is released to the time that the Aviation Authority Board makes an award. As adopted by the Aviation Authority Board on September 19, 2012, lobbyists are now required to sign-in at the Aviation Authority offices prior to any meetings with Staff or Board members. In the event a lobbyist meets with or otherwise communicates with Staff or a Aviation Authority Board member at a location other than the Aviation Authority offices, the lobbyist shall file a Notice of Lobbying (Form 4) detailing each instance of lobbying to the Director of Board Services within seven (7) calendar days of such lobbying. The policy, forms, and instructions are available in the Aviation Authority s offices and the web site. Please contact the Director of Board Services with questions at (407) Pursuant to Section (2)(a), Florida Statutes, interested Proposers who have been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide services for a public entity, may not be awarded a consultant contract and may not transact business with a public entity for services in excess of the threshold amount set forth in Section , Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. Authority Contracts require Contractors/Consultants to comply with the requirements of E-Verify. Contractor/consultants will be required to utilize the U.S. Department of Homeland Security s Employment Eligibility Verification System (e-verify), in accordance with the terms governing the use of the system, to confirm the employment eligibility of persons employed by the Contractor/Consultant, during the term of the Contract, to perform employment duties within Florida. Prime Contractors/Consultants are required to include an express provision in their Subconsultant/Subcontractor Agreements requiring the Subconsultants/Subcontractor to do the same. GREATER ORLANDO AVIATION AUTHORITY By: Frank Kruppenbacher Aviation Authority Chairman CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 13 of 13

14 EXHIBIT A REQUIRED CERTIFICATIONS The Proposer certifies that the following statements are true: 1. SCRUTINIZED COMPANIES LIST: The Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, as defined in Section , Florida Statutes (2015). 2. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION, (Non- Procurement) Title 2 CFR Part 180 & Title 2 CFR Part 1200 The contract that ultimately results from this solicitation is a covered transaction as defined by Title 2 CFR Part 180. The Proposer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its Principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. It further agrees that by submitting this proposal that, if it is the successful Proposer, it will comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C by administering each lower tier subcontract that exceeds $25,000 as a covered transaction. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (NON- PROCUREMENT) TITLE 2 CFR PART 1200 AND TITLE 2 CFR PART 180, SUBPART C The successful Proposer by administering each lower tier subcontract that exceeds $25,000 as a covered transaction must verify each lower tier participant of a covered transaction under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful Proposer shall accomplish this by: (i) Checking the System for Award Management at website: (ii) Collecting a certification statement similar to the previous paragraph and (iii) Inserting a clause or condition in the covered transaction with the lower tier contract. If the FAA later determines that an individual failed to tell a higher tier that they were excluded or disqualified at the time they entered the covered transaction with that person, the FAA may pursue any available remedy, including suspension and debarment. 3. CERTIFICATION REGARDING FOREIGN TRADE RESTRICTIONS (49 CFR PART 30) The Proposer, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 1 of 4

15 controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Proposer who is unable to certify to the above. If the Proposer knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project; the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the Proposer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective Subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Owner if the Contractor learns that its certification or that of a Subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subcontractor agrees to provide immediate written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or Subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the Owner, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (49 CFR 20) The prospective Proposer certifies, by signing and submitting this proposal, to the best of his or her knowledge and belief, 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 2 of 4

16 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. 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 31 U.S.C 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. d. The prospective Proposer also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 5. CONFLICT OF INTEREST. The Proposer certifies that it is and will remain in compliance with FDOT Procedure No CERTIFICATION OF NON-SEGREGATED FACILITIES The Proposer certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Proposer certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Proposer agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, because of habit, local custom, or any other reason. The Proposer agrees that (except where he has obtained identical certifications from proposed Subcontractors for specific time periods) he will obtain identical certifications from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files. CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 3 of 4

17 NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract or subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C Equal Opportunity Report Statement The Proposer shall complete the following statement by checking the appropriate space. The Proposer has has not participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order The Proposer has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed Subcontractors will be obtained prior to award of subcontracts. If the Proposer has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Proposer shall submit a compliance report on Standard Form 100, "Employee Information Report EEO-1" prior to the award of contract. By: Date: Proposer Print Name: Title: CMAR Services for Landside and Airside Terminal (WS112) Submission Requirements Page 4 of 4