1-02. CQ26-0159AN - RFQ Packet.pdf

The School Board of Lee County, RFQ No. CQ26-0159AN 1 | P a g e

REQUEST FOR QUALIFICATIONS

RFQ No. CQ26-0159AN

Due 2:00 PM EST on February 18, 2026

CONSTRUCTION MANAGEMENT SERVICES

Mariner High School - HVAC Renovation

Electronic Qualification Statements to provide Construction Management Services for Mariner High School - HVAC Renovation, (Scope of Work defined page 20), will be received at the School Board of Lee County (hereinafter the District), Procurement Services Department, Bonfire Platform. All interested parties must register with Bonfire to view and download documents. Instructions for Vendor Registration can be viewed by clicking the link Bonfire Portal Electronic Responses must be submitted through the Bonfire Portal before 2:00 PM, EST on February 18, 2026. It is the Respondent’s responsibility to assure that the response is submitted to the Department of Procurement Services, Bonfire Platform prior to the opening date and time specified. The Bonfire electronic platform will not allow submissions after the opening date and time, and by subsequent will not be considered for award.

This document shall serve to provide interested parties with specific information as to the procedures for selection of Construction Management Services where the method of compensation is a negotiated percentage to be applied to the final project Guaranteed Maximum Price (“GMP”) for The School Board of Lee County, Florida, pursuant to sections 1013.45 and 255.103 Florida Statutes. The target total project cost is between $8 Million and $12 Million which includes design, construction, labor, materials, etc. The School Board of Lee County will consider the contracting of a Construction Management firm, where the Construction Manager is also the Contractor for providing:

PROJECT: Construction Management Services Mariner High School - HVAC Renovation

The Board is requesting qualifications for Construction Management Services. Awarded Construction Manager shall work with the School Board’s Facility Development & Programming Department and the selected Mechanical, Electrical and Plumbing (MEP) Firm on the project described above. The Contractor shall be responsible for assisting during the preliminary design; the design development; and the construction document phase, including scheduling and coordination, and will be responsible for the successful, timely, and economical completion of the project.

Business entities interested in providing Construction Management services to The School Board of Lee County are hereby notified that electronic qualification responses for providing the required services must be submitted by 2:00 PM, EST on February 18, 2026, at The School Board of Lee County, Procurement Services Department, Bonfire Platform.

A MANDATORY Pre-Submission meeting and Site Walk Through will be held at 10:00 AM EST on January 29, 2026, at 701 Chiquita Blvd. N., Cape Coral, FL 33993. Attendance is MANDATORY for at least one representative from each respondent submitting a response.

https://leeschools.bonfirehub.com/

The School Board of Lee County, RFQ No. CQ26-0159AN 2 | P a g e

RESPONDENT INFORMATION SHEET

School Board of Lee County

Department of Procurement Services

(239) 337-8180 Phone

Release Date: January 16, 2026 RFQ No.: CQ26-0159AN RFQ Title: Construction Management Services

Mariner High School - HVAC Renovation Contact: Amy Naranjo; AmyCN@leeschools.net

Request for Qualifications responses must be electronically submitted to The School Board of Lee County, Department of Procurement Services, Bonfire Platform, no later than 2:00 PM EST on February 18, 2026 and plainly marked RFQ No. CQ26-0159AN. Responses are due and will be opened at this time.

Respondent Business Name: _________________________________________________________________________

Respondent Taxpayer Identification Number: ____________________________________________________________

Address: ________________________________________________________________________________________

City, State & Zip Code: _____________________________________________________________________________

Telephone: _________________________________________ Fax: _________________________________________

Name of Owner or Authorized Officer/Agent: ____________________________________________________________

Title: ______________________________________________ Date: ________________________________________

Email Address: ______________________________________ Internet URL: _________________________________

Additional Contact Name: _____________________________ Email Address: _________________________________

Signature of Owner or Authorized Officer/Agent: _________________________________________________________ (Response must be signed by an officer or employee having authority to legally bind the Respondent)

Anti-Collusion Statement/Public Domain: I, the Respondent, have not divulged, discussed, or compared this response with any other Respondent and have not colluded with any other Respondent in the preparation of this response in order to gain an unfair advantage in the award of this RFQ. I acknowledge that all information contained herein is part of the public domain subject to the Public Records Act, Chapter 119, Florida Statutes.

Response Certification: By my signature, I hereby certify that I am submitting the following information as my company’s response and understand that by virtue of executing and returning this Respondent Information Sheet, I further certify complete and unconditional acceptance of the contents inclusive of this Request of Qualifications, and all appendices and the contents of any addenda released hereto.

� Insufficient time to respond

� Specifications were unclear or restrictive

� Our schedule will not permit us to respond

� Terms & Conditions were unclear or restrictive

� Could not meet specifications

NO RESPONSE – I HEREBY SUBMIT THIS AS A “NO RESPONSE” FOR THE REASON(S) CHECKED BELOW:

� Addendum received too late to respond

� Could not meet insurance requirements

� We do not offer the services requested

� Remove our company name from this commodity listing only

� Keep our company on the bid list for future RFQ’s

� Other mailto:AmyCN@leeschools.net

The School Board of Lee County, RFQ No. CQ26-0159AN 3 | P a g e

TABLE OF CONTENTS

Page

Respondent Information Sheet

General Conditions

Federal Grants Terms and Conditions

Response Instructions

Estimated Timeline

Mandatory Submittal Requirements

Scope of Work -

Project Description

Construction Management Duties

Exhibits

Exhibit 1 – Past Experience (Example)

Exhibit 2 – Workload (Example)

Exhibit 3 – District Projects (Example)

The School Board of Lee County, RFQ No. CQ26-0159AN 4 | P a g e

GENERAL CONDITIONS

Respondent: to ensure acceptance of the response follow these instructions.

1. Electronic Response Requirements: The Respondent

Information Sheet, page 2 of the RFQ, must be completed, signed, and returned with each response. Respondents must submit one electronic proposal, electronically signed by a representative authorized to legally bind the Respondent to the provisions herein; and all attachments and forms completed as required herein. Additional response submittal requirements may be defined in the detailed specifications herein. Unless otherwise specified, Respondents must use the form(s) furnished by the School Board. Responses received that fail to comply with these submittal requirements may not be considered.

2. Definitions: for the purpose of this Request for Qualifications (RFQ), the following words and phrases shall have these meaning:

- “District” shall mean The School Board of Lee County, Florida.

- “Respondent” shall mean any person, firm or corporation who submits a response pursuant to this RFQ.

- “Construction Manager” and “Vendor” shall mean the

Respondent(s) who as a result of School Board approved ranking and subsequent contract negotiations, succeeded in entering into a contract with the School Board, as a result of this RFQ. The Construction Manager may be a corporation, partnership, individual or any combination thereof, and its, their or his successors, personal representatives, executors, administrators, and assignees.

3. Respondent’s Responsibility: It is the responsibility of the Respondent to obtain all pages of the RFQ package and all attachments thereto, together with any addenda to the RFQ package that may be issued prior to the RFQ due date.

Respondents are required, before submitting their response, to obtain and carefully examine the RFQ specifications and to completely familiarize themselves with all of the terms and conditions. Ignorance on the part of a Respondent will in no way relieve them of any of the obligations and responsibilities which are a part of this response.

4. Response Submittal: All responses shall be typewritten or filled in electronically. Responses having erasure or corrections must be initialed by the Respondent. All responses must be signed by an officer or employee having authority to legally bind the Respondent. By signing, Respondent attests that they fully understand there will be no recourse for negligence or oversight for not doing so.

Completed response must be submitted, electronically in the Bonfire Platform.

5. Specification Precedence: If a conflict exists between the general conditions and the response instructions, then the response instructions shall prevail.

6. Public Entity Crime: Pursuant to Florida Statute 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 response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list. Respondents shall complete and submit with their response the complete, accurate, and notarized statement required by Section 287.133, Florida Statutes, Public Entity Crimes Form, provided herein. Failure to submit a properly completed and notarized form may be cause for submittal to be judged non-responsive.

7. Specification Variances: For purpose of evaluation, the Respondent shall indicate any and all variances from specifications, terms and/or conditions regardless of how slight. If variations are not stated in the response, it shall be assumed that the proposed product or service fully complies with the specifications, terms and conditions herein.

8. Requests for Clarifications: Any and all questions regarding this RFQ, whether technical, procedural or otherwise, must be submitted in writing to the attention of the Procurement Agent designated herein, seven (7) business days prior to the RFQ due date, unless otherwise stated in the specifications.

All such interpretations and supplemental instructions will be in the form of written addenda to the RFQ documents and published on the Procurement Services website. No correction or clarification of any ambiguity, inconsistency or error in the RFQ terms, conditions or specifications will be made to any Respondent orally. Only the interpretation or correction so given by the Procurement Agent, in writing, shall be binding. Respondents are advised that no other source is authorized to give information concerning, explaining, or interpreting the RFQ documents. If a Respondent should be of the opinion that the meaning of any part of the response specifications are uncertain, obscure, or contains errors or omissions, they should report such opinion to the Procurement Agent in writing no more than three (3) days after the receipt of the documents.

9. Submission of Response: One response must be electronically submitted in the School District of Lee County’s Bonfire Platform no later than 2:00 PM, EST, on or before the due date specified on the cover sheet of this RFQ, to be considered. Responses shall be organized and shall include necessary information as to be in full compliance with the RFQ specifications. The School Board reserves the right to reject and not consider any response that is not submitted in accordance with the RFQ general conditions, specifications or RFQ submittal requirements.

10. Response Opening: Response openings shall be public at the date and time stated in the RFQ at the Department of Procurement Services of The School Board of Lee County, 2855 Colonial Blvd., Fort Myers, Florida 33966-1012, unless otherwise indicated.

The School Board of Lee County, RFQ No. CQ26-0159AN 5 | P a g e

11. Responses Received Late: It is the Respondents responsibility to assure that the response is submitted in the Department of Procurement Services, Bonfire Platform prior to the opening date and time specified. The Bonfire electronic platform will not allow submissions after the due date and time and by subsequent will not be considered for award.

12. Processing Time: It is understood that the normal response processing time shall be 120 days after the opening date of this RFQ, and that responses will be valid through the response processing time and the delivery of items awarded.

13. Original and Renewal Term: The award resulting from this RFQ shall be in effect for the term defined in the detailed specifications commencing upon Board approval or until new responses are taken and awarded. The award resulting from this RFQ (or any portion thereof) may be renewed as defined in the detailed specifications, or extended for a period up to 180 days, upon mutual agreement of both parties, under the same terms and conditions as the original award. The School Board, through its Department of Procurement Services, will, if considering a renewal or extension, request a letter of intent to renew or extend from one or more awardees, prior to the end of the current contract period. The awardees will be notified when the recommendation has been acted upon by the School Board. At the request of the School Board and upon written agreement by both parties, the original or a renewal term may be extended for up to 180 days. The Respondent agrees to these conditions by signing its response.

14. Lobbying: Respondents are hereby advised that they are not to lobby any School Board Personnel, Board Members or Selection Committee Members regarding this RFQ. All inquiries must be written and directed to the Department of Procurement Services.

a) Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of School Board Personnel, Board Members or Selection Committee Members on the award of this RFQ. Lobbying by any Respondent or any individual on behalf of a Respondent will result in rejection/disqualification of said response.

b) Violation of this provision regarding lobbying may also result in disqualification of the Respondent from participation in competitive solicitations with the School Board for the duration of the document contract period or for some other term, at the recommendation of the Director of Procurement and as acted upon by the Superintendent and the School Board, as appropriate.

15. Prompt Payment Discount: Cash discount for prompt payment of invoices, if offered, shall not be considered in evaluating responses and making awards. Cash discount terms, if offered in the response, must be clearly indicated on each invoice.

16. Brands: Respondents shall indicate, for each item proposed, the name and model of the brand being proposed. Use of brand names, trade names, make, model, manufacturer, or catalog number in the specifications is for the purpose of establishing a grade or quality of material only. It is not the School Board’s intent to rule out other competition;

therefore, the phrase “OR APPROVED EQUAL” is added, unless otherwise indicated in the specifications. However, if a product other than specified is proposed, it is the Respondent’s responsibility to submit, with the response, samples, descriptive literature and/or detailed specifications which illustrate the product sufficiently for evaluation.

Responses received without this information, or with insufficient information, as determined by the evaluation committee, may not be considered. If the words “ONLY” or “NO SUBSTITUTES” appear in the specification, then no other brands, trade names, makes, models or manufacturers shall be considered. The School Board shall be the sole judge concerning the merits of responses submitted. Once an item is awarded from this RFQ to a Respondent, no substitution of brands shall be permitted. If a Respondent does not indicate what it is offering in the proper blank and if the Respondent is successful in being awarded the item(s) then the Respondent shall be obligated to furnish the item(s) specified by the School Board.

17. Warranty/Guarantee: All materials and/or services furnished under this RFQ shall be warranted by the Construction Manager, distributor and manufacturer to be free from defects and fit for the intended use. Unless otherwise requested, the items proposed must be new and equal to or exceed specifications. The manufacturer’s standard guarantee or warranty shall apply. During the guarantee or warranty period, the Construction Manager must repair and/or replace the unit without cost to the School Board with the understanding that all replacements shall carry the same guarantee or warranty as the original equipment. The Construction Manager shall make any such repairs and/or replacements immediately upon receiving notice from the School Board.

18. Evaluation of Responses: Responses shall be reviewed in accordance with the RFQ specifications and conditions and the best interest of the School Board. The School Board reserves the right to accept or reject any or all responses in part or in whole, waive minor variations, informalities, irregularities, omissions or technicalities, request new responses, and/or consider alternate responses which meet the general specifications set forth. Responses which contain any alteration, addition, conditions, limitations, unauthorized alternates or show irregularities of any kind may be rejected by the School Board. The School Board reserves the right to evaluate and rank responses on such qualifications it deems will best serve the School Board’s best interest from the standpoint of quality and suitability for the intended purpose and any other determining factors.

a) Responses will be evaluated, publicly scored and ranked based on the written responses to the grading criteria specified herein.

b) Procurement designee will notify short listed firms, in writing, of a request to interview and present their capabilities.

c) Interviews will be conducted by the Selection Committee.

d) Committee Members shall publicly score interviews and presentations based on the criteria herein.

The School Board of Lee County, RFQ No. CQ26-0159AN 6 | P a g e

e) Procurement shall post the rankings, for review by interested parties, for a period of no less than three (3) business days, on the School Board website:

http://www.leeschools.net/construction-solicitations

f) A recommendation of the rankings will be presented to the Superintendent, and subsequently to the School Board for consideration. The School Board exercises the authority to accept or reject the ranking.

19. Notification of Ranking: Upon Board approval of the ranking, participating Respondents, successful and unsuccessful, shall be notified of the decision in writing by the Department of Procurement Services. Negotiations may proceed with the Board approved top ranked firm.

20. Contract Documents: Upon Board approval the Department of Procurement Services will issue a letter of award. The School Board anticipates negotiating a specific contract document for this award. If a specific contract document is not requested, this RFQ, any addenda to this RFQ, the submitted response, revisions to such documents agreed upon by both parties in writing during the negotiation process, and the corresponding purchase order(s) and change order(s) will constitute the complete agreement between the successful Respondent and the School Board. If a specific contract document is requested by the School Board, it shall be included with the above-mentioned items as part of the contract agreement. Each response is received with the understanding that an acceptance in writing by the School Board of the offer to furnish any or all of the services and materials described shall constitute a contract between the Respondent and the School Board. This contract shall bind the Respondent to furnish and deliver the services and materials quoted, at the prices stated and in accordance with the condition of said accepted response.

21. Assignment: It is agreed that the Respondent will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the School Board and any sureties.

22. General Information about the School Board: The School Board of Lee County was created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The School Board is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by School Board officials in accordance with Chapter 1001, Florida Statutes.

a) The School Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of School Board public schools. The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of State Laws, State Board of Education Rules and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the School Board by Section 1001.51, Florida Statutes as prescribed by the State Board of Education.

b) The School Board of Lee County serves the entire area of the county, including the cities of Bonita Springs, Cape

Coral, Fort Myers, Fort Myers Beach, Sanibel, and the Village of Estero. The School Board’s enrollment is approximately 90,000 pre-K-12 students with approximately 12,000 employees (including full-time, part-time, substitutes, short-course instructors, and hourly employees.

23. Protest: All solicitations and notices of intended decisions with respect to contract awards shall include the following statement: “Failure to follow the requirements of the bid protest procedures established by The School Board of Lee County, Florida, shall constitute a waiver of all protest rights.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

24. Reuse of Existing Plans: Existing plans are subject to reuse in accordance with the provisions of Florida Statute 287, Section 10.

25. Construction Manager Performance: The Construction Manager shall provide competent, suitable, qualified personnel to perform any project required by the RFQ. The Construction Manager shall at all times maintain good discipline and order while on School Board property.

Construction Manager employees and Subcontractor employees (if authorized) assigned to this project must be pre-screened and will be thoroughly reviewed for but not limited to current certification and documentation.

a) When on School Board property, the Construction

Manager shall furnish all equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, heat, light, telephone, water and sanitary facilities and incidentals necessary for the execution, testing, initial operation and completion of any project unless otherwise specified.

b) The Construction Manager shall be responsible for the appearance and demeanor of all personnel assigned to the project and shall require that all employees wear shirts with visible company logo and personal identification of the individual employee. Uniforms and/or dress code shall be inclusive of, but not limited to, neat and clean company uniforms or attire that are appropriate and easily identifiable. School Board identification badges shall be worn and clearly visible while on any School Board property.

c) The Construction Manager’s personnel shall have no contact with students or school staff, other than administrative staff or designated representatives, with the exception of emergency situations. The Construction Managers employees shall refrain from using foul, abusive, or profane language on School Board property.

d) Upon arrival and departure onto any School Board school campus, the Construction Manager’s employees shall enter their company information into the School Log Book provided in the Administrative office of each campus.

e) The Construction Manager’s personnel shall be aware that all School Board sites are smoke free areas. The use of tobacco products is prohibited on any property owned by the School Board. Construction Manager’s personnel http://www.leeschools.net/construction-solicitations http://www.leeschools.net/construction-solicitations

The School Board of Lee County, RFQ No. CQ26-0159AN 7 | P a g e shall be aware that it is illegal to have in one’s possession any firearm, illegal drug or alcoholic beverage while on School Board property; or be under the influence of any illegal drug or alcoholic beverage while on School Board property.

f) When on School Board property, the Construction Manager shall strictly limit its operations to the designated work areas and shall not permit any employees to enter any other portions of School Board property without School Board’s expressed prior written consent.

g) All employees are prohibited from distributing any papers or other materials upon School Board property and are strictly prohibited from using any School Board telephones or other office equipment.

h) All employees shall enter and leave School Board facilities only through the ingress and egress points designated, from time to time, by the School Board.

i) The Construction Manager shall be responsible for the removal of all trash and debris occasioned by this contract. Failure to adhere to this requirement will result in the costs of the performance of this work by others being charged to the Construction Manager.

j) The Construction Manager shall be responsible for all damages caused by the Construction Manager, its Subcontractors and employees of each, and shall be held responsible for replacing or repairing any damage due to negligence on their part to any person(s) and/or property. The School Board may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property.

k) Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the contract documents to be removed or altered, shall be protected by Construction Manager from damage during the prosecution of any project. Any such improvements so damaged shall be restored by Construction Manager to condition at least equal to that existing at the time of Construction Manager’s commencement of any project.

l) Construction Manager acknowledges that work may be performed at a particular project site where the School Board simultaneously is conducting and continuing its operations upon the same site. In such event, Construction Manager shall coordinate its work so as to cause no unreasonable interference with or disruption to the School Board’s operations. The School Board may perform other work related to any particular project at the site by the School Board’s own forces, have other work performed by utility owners or let other direct contracts.

m) If during the performance of any project, Construction Manager or any Subcontractor, sub-Subcontractor, agent, employee or anyone else for whom Construction Manager is legally liable, causes a disruption to any utilities service to other facilities or customers within a project area, Construction Manager shall take all actions necessary and required to immediately restore such utilities service. If Construction Manager fails to take such immediate actions the School Board shall have the right to take whatever actions it deems necessary and required to immediately restore the disrupted services, and all costs incurred by the School Board as a result thereof shall be reimbursed to the School Board by Construction Manager within five (5) business days of written demand for same from the School Board.

n) Construction Manager is responsible for the safety and protection of all persons and property on or about the project site during the progress of any project. Further, it is Construction Manager’s responsibility to protect from damage or loss all material and equipment to be incorporated into any project which may be stored off the project site. Construction Manager shall develop and implement, in accordance with the requirements of the contract documents (including any School Board rules or regulations), a safety plan for any project, as required. Construction Manager shall comply with all applicable codes, laws, ordinances, rules and regulations of the School Board and any public body having jurisdiction over any project, including all of their safety codes, laws, ordinances, rules and regulations. If Construction Manager observes that the Contract Documents are at variance therewith, it shall promptly notify the School Board in writing.

o) When requested, Construction Manager shall cooperate with any ongoing School Board investigation involving personal injury, economic loss or damage to the School Board’s facilities or personal property therein.

p) Proper safety barricades, protective, and covering devices shall be used to divert traffic and protect personnel. Normal safety signs, necessary lighting and temporary fencing/barricades around work areas shall be installed and maintained in accordance with OSHA requirements while the work is in progress. Materials must be secured in accordance with OSHA regulations when not in use.

q) The Construction Manager shall be responsible for instructing their employees in all safety measures. All equipment used by the Construction Manager shall be free from defects or wear that may in any way constitute a hazard to any person or persons on School Board property. At no time shall equipment be operated without guards, shields, or other manufacturers recommended safety accessories in place and functioning as intended by the manufacturer. All current OSHA safety standards shall be reinforced including, but not limited to, the following rules:

i. All OSHA and Federal required safety equipment shall be installed and functioning on all equipment.

ii. All equipment shall be in sound working condition and must meet all OSHA Safety Standards. All workers shall be aware of and trained in the operation of all safety equipment required for this project.

iii. The Construction Manager shall ensure that employees are equipped with proper safety items such as glasses, hard hats, gloves, etc.

The School Board of Lee County, RFQ No. CQ26-0159AN 8 | P a g e

iv. All incidents on campus involving School Board property or personnel shall be reported to the Director of Maintenance Services Department and the Campus Administrator immediately upon occurrence.

v. All debris shall be removed to an environmentally approved landfill or recycling center.

FAILURE TO COMPLY WITH ANY OF THE ABOVE PERFORMANCE

REQUIREMENTS MAY RESULT IN TERMINATION OF CONTRACT.

26. Inspection, Identification and Acceptance: Construction Managers shall be responsible for delivery of items in new condition meeting specification at point of destination.

Construction Managers shall file with the carrier all claims for breakage, imperfections and other losses. If the material and/or services supplied to the School Board is found to be defective or does not conform to specifications, the School Board reserves the right to cancel the order upon written notice to the seller and return the product to the seller at the seller’s expense.

27. Bid Bonds: Bid bonds, when required, shall be submitted with the bid in the amount specified in the detailed specifications. Bid bonds will be returned to unsuccessful Proposers.

28. Performance and Payment Bonds: When required and after acceptance of a proposal, the School Board will notify the successful Proposer to submit a recorded payment and performance bond in the amount specified in the detailed specifications.

29. Worker’s Compensation: Construction Managers shall obtain and maintain during the life of the contract Workers’ Compensation Insurance in compliance with Chapter 440, Florida Statutes for all of his employees employed on the project. In case any work is sublet, Construction Manager shall require Subcontractors similarly to provide Workers’ Compensation Insurance.

30. Scrutinized Companies: House Bill 545 prohibits a company that is on the Scrutinized Companies that Boycott Israel List or that is engaged in a boycott of Israel from bidding on, submitting a proposal for, or entering into or renewing a contract with an agency or local government entity for goods or services of any amount. The bill also requires a contract with an agency or local governmental entity for goods or services of any amount entered into or renewed on or after July 1, 2018, to contain a provision that allows for the termination of the contract at the option of the awarding body if the company has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. An agency or local governmental entity is authorized to make a case-by-case exception to the prohibition of contracting with companies that are on the Scrutinized Companies that Boycott Israel List or that is engaged in a boycott of Israel if certain conditions are met.

Additionally, the bill requires a company to provide certification that it is not engaging in a boycott of Israel before submitting a bid or entering into or renewing a contract with an agency or local governmental entity. The bill provides for preemption of any ordinance or rule of any agency or local governmental entity involving public contracts for goods or services of any amount with a company that has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

31. Cancellation/Termination: In the event any of the provisions of the contract awarded as a result of this RFQ are violated by the Construction Manager, the Superintendent or designee will give written notice to the Construction Manager stating the deficiencies and unless the deficiencies are corrected within ten (10) calendar days, recommendation may be made to the Board for immediate cancellation. Upon cancellation hereunder the Board may pursue any and all legal remedies as provided herein and by law. The Board reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving seven (7) days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the Board will be relieved of all obligations under said contract. The Board will only be required to pay to the Construction Manager that amount of the contract actually performed to the date of termination.

Repeated instance of failure to perform may result in cancellation of the contract and removal of the Proposer from consideration on other School Board contracts for the duration of the document contract period or for three years, whichever is longer, at the discretion of the Director of Procurement. The contract may be terminated in accordance with Section 287.135, Florida Statutes, by the School Board if:

a) Construction Manager is found to have submitted a false certification concerning inclusion on a Scrutinized Companies List;

b) Construction Manager has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel;

c) Construction Manager has been placed on the Scrutinized Companies with activities in Sudan List or the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List; or

d) Construction Manager has been engaging in business operations in Cuba or Syria.

e) The School Board may at any time by written notice to the Construction Manager stop all or any part of the work for this RFQ award. Upon receiving such notice, the Construction Manager will take all reasonable steps to minimize additional costs during the period of work stoppage. The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price, or terminate the work in accordance with the provisions of the RFQ terms and conditions.

f) Failure of the Construction Manager to provide products within the time specified in the RFQ shall result in the following: The Buyer shall notify Construction Manager in writing within five (5) calendar days via the Vendor Performance Form and provide five (5) calendar days to cure. If awarded Construction Manager cannot provide product, School Board of Lee County reserves the right to purchase product from the next lowest responsive and responsible Proposer. The defaulting Construction Manager may be responsible for

The School Board of Lee County, RFQ No. CQ26-0159AN 9 | P a g e reimbursing the School Board of Lee County for the price differences.

32. Default: In the event that the awarded Proposer should breach this contract, the School Board reserves the right to seek all remedies in law and/or in equity.

33. Liability: Where Construction Managers are required to enter or go onto School Board property to deliver materials, perform work or provide services as a result of a proposal award, the awarded Construction Manager assumes full duty, obligation and expense of obtaining all necessary licenses, permits and insurance, and shall be fully responsible for its own negligent or willful acts or omissions.

Refer to the Attachment B (Insurance Requirements form) for the School Board’s insurance requirements.

34. Indemnity: This General Condition of the RFQ is NOT subject to negotiation and any proposal that fails to accept these conditions may be rejected as "non-responsive", unless Construction Manager is entitled to sovereign immunity by action of the Florida Legislature. The School Board agrees to assume liability in the amounts and for the cause established in Section 768.28, Florida Statutes for only injuries or damage caused by the negligence of the School Board, its agents or employees in performance of the duties of this contract. Nothing herein is intended to serve as a waiver of sovereign immunity by the School Board. Nothing herein shall be construed as consent by the School Board to be sued by third parties in any matter arising out of any contract. Construction Manager shall hold harmless and defend the School Board and its agents and employees from all suits and actions, including attorney’s fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the School Board by an employee of the named Construction Manager, any Subcontractor, or anyone directly or indirectly employed by any of them. The Construction Manager’s obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Construction Manager’s limit of, or lack of, sufficient insurance protection.

35. Taxes: The School Board is exempt from any Taxes. State Exemption Certificate certified on request. State Sales Tax Exemption Certificate is No. 85-8012622066C-4, and Federal Tax Identification is No. 59-6000701.

36. Laws and Regulations: Construction Managers will comply with all applicable Federal, State and Local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts. Construction Managers agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable laws, statutes and ordinances by the Respondent shall not constitute a cognizable defense against actual or potential damages caused thereby.

37. Occupational Safety Hazards Act Requirements: The Proposer certifies that all material, equipment, etc., contained in the Response meets all Occupational Safety Hazards Act (OSHA) requirements. The Proposer further certifies that if he or she is the successful Proposer and the material, equipment, etc., delivered is subsequently found to be deficient pursuant to any OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with aforementioned requirements shall borne solely by the Proposer.

38. Governing Law & Venue: All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida.

In the event of a legal proceeding, the venue for state court shall be in Lee County Florida or for federal court shall be United States District Court, Middle District of Florida.

39. Drug Free Workplace/Identical Tie Proposals: Whenever two or more responses, which are equal with respect to price, quality and service, are received for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall comply with the requirements of Florida Statute 287.087. If all tied businesses comply with the Drug Free Workplace requirement, a coin flip will break the tie.

40. Ethics: All awarded Construction Managers shall comply with the requirements of law regarding ethics as set forth in Chapter 112, Florida Statutes, rules promulgated by the Florida Commission of Ethics, and School Board Purchasing and Bidding Policies.

41. Conflict of Interest: Respondent is subject to the provisions of Chapter 112 Florida Statutes. The Respondent must disclose with their response the name of any company owner, officer, director, agent or representative who is also an employee of the School Board of Lee County or their immediate family which owns any interest of any amount in the Respondent’s company, partnership or agency.

42. Use of Other Contracts: The School Board reserves the right to utilize other School Board contracts, State of Florida Contracts, contracts awarded by other city or county governmental agencies, other school boards, other community college/state university system cooperative proposal agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012(5) in lieu of any offer received or award made as a result of this proposal, if it is in its best interest to do so. The School Board also reserves the right to separately propose any single order to purchase any item on this proposal if it is in its best interest to do so.

43. Authority to Piggyback: The School Board of Lee County is a member of S.W. Florida Cooperative Purchasing Consortium.

Other members include governmental entities in Charlotte, Collier, Hendry and Lee Counties. The School Board is also a member of the Bay Area Schools Purchasing Consortium;

other members include the school boards of Brevard, Charlotte, Florida Virtual Schools, Hernando, Hillsborough, Lake, Manatee, Osceola, Pasco, Pinellas, Polk, Sarasota, and Seminole; and additional Florida school boards may join the

The School Board of Lee County, RFQ No. CQ26-0159AN 10 | P a g e

Consortium. Upon award of this proposal, if mutually agreed upon between the successful Proposer(s) and governmental entity, submission of any proposal in response to this request constitutes a proposal made under the same conditions, for the same price, and for the same effective period as this proposal, to any other participating members of the above referenced Consortium entity.

44. Invoicing and Payment: Orders shall be processed or work performed only upon receipt of authorized purchase orders issued by The School Board of Lee County Procurement Department.

a) The Construction Manager will provide copy of the original invoice to The School Board of Lee County, Financial Accounting Department via email FinanceInvoices@LeeSchools.net

b) All invoices shall include purchase order number for proper identification. Invoices must be prepared properly to avoid unnecessary delays in payment. Upon receipt of invoices forwarded from the Finance Department, the user school/department will approve payment for requested work that has been completed satisfactorily. All invoices and correspondence shall be legible and dated.

c) The School Board utilizes an ePaybles Program through the MASTERCARD network. It is desired for Respondents to have the ability to accept these credit cards for payment. The School Board reserves the right to revise this program as necessary.

45. Liquidated Damages Recovery: Construction Manager agrees to the use of Liquidated Damages Recovery in the event the Construction Manager fails to perform in accordance with contract provisions. On any occasion where the Construction Manager fails to perform or defaults on the contract, or any material provision thereof, the School Board may procure the necessary supplies/services from other sources and hold the Construction Manager financially responsible for any excess costs incurred. The difference between the contracted price of the products and the actual price paid in this circumstance may be deducted from funds owed to the non-performing Construction Manager.

46. Contact Information: The Construction Manager shall appoint a person or persons to act as a primary contact with the School Board. This person or their designated back up shall be readily available during normal business hours by phone or in person; knowledgeable of the terms, conditions and procedures involved; and respond to messages within 24 hours. The School Board shall appoint a person or persons to act as the School Board Representative. The Construction Manager shall have access to the site after school hours, on weekends, and during school hours at the discretion of School Board Representative. All scheduling shall be coordinated with the School Board Representative.

47. Bid Protest: All solicitations and notices of intended decisions with respect to contract awards shall include the following statement: “Failure to follow the requirements of the bid protest procedures established by The School Board of Lee County, Florida, shall constitute a waiver of all protest rights.

Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

48. Maintaining Public Records: Parties awarded a contract as a result of this solicitation who provide a service acting on behalf of the School Board shall:

a) Keep and maintain public records required by the School

Board to perform the service.

b) Upon request from the School Board’s custodian of public records, provide the School Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statutes or as otherwise provided by law.

c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Construction Manager does not transfer the records to the School Board.

d) Upon completion of the contract, transfer, at no cost, to the School Board all public records in possession of Construction Manager or keep and maintain public records required by the School Board to perform the service. If Construction Manager transfers all public records to the School Board upon completion of the contract, Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Construction Manager keeps and maintains public records upon completion of the contract, Construction Manager shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the School Board, upon request of the School Board’s custodian of public records, in a format that is compatible with the information technology systems of the School Board.

e) PUBLIC RECORDS NOTICE: If the CONSTRUCTION MANAGER has questions regarding the application of Chapter 119, Florida…