26-053_CMAR_Draft_Contract.pdf

DRAFT

P a g e | 1 Federally Funded Construction Project Agreement

CONSTRUCTION PROJECT AGREEMENT

Construction Manager at Risk (CMAR) services for the Santa Rosa County Sheriff's Administrative

Complex RFQ 26-053

THIS AGREEMENT is dated as of the _____ day of _______ in the year 2026 by and between Santa Rosa County, a political subdivision of the state of Florida (“OWNER”), located at 6495 Caroline Street, Milton, Florida 32570, and __________ (“CONSTRUCTION MANAGER”), whose principal place of business is at ___________, _________, _________ whose Federal I.D. number is ____________, in connection with Santa Rosa County’s Request for Qualifications 26-053 and the described work set forth therein.

Owner and Construction Manager, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1 – CONSTRUCTION TEAM AND EXTENT OF

AGREEMENT

The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement, covenants with the Owner to furnish its best skill and judgment and to cooperate with the Engineer in furthering the interests of the Owner, and agrees to furnish efficient business administration and superintendence and use its best efforts to complete the Project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the Owner.

1.1 The Construction Team - The Construction Manager, the Owner and the Engineer, called the "Construction Team", shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The Engineer will provide leadership during the Preconstruction Phase with support from the Construction Manager and the Construction Manager shall provide leadership to the Construction Team on all matters relating to construction.

Owner Representatives:

Sabrina White, Asst. County Administrator Rod Hardy, Facilities and Parks Director

Engineer of Record Representatives:

Grace Design Studios Principal In Charge: Larry Adams Project Manager: Javier Santos Project Architect: Larry Adams

Construction Manager Representatives:

1.2 Extent of Agreement- This Agreement is for the

completion of Construction Management at Risk for the Santa Rosa County Sheriff's Administrative Complex entered into between the Owner and the Construction Manager, and supersedes any prior negotiations, representations or agreements. When drawings, specifications and other descriptive documents defining the work to be included under a construction authorization are substantially complete, they shall be identified in the construction authorization issued by the Project Director. When drawings, specifications and other descriptive documents defining the work to be included in the guaranteed maximum price (GMP) are sufficiently complete, an Amendment to the Agreement shall be signed by the Owner and Construction Manager, acknowledging the final GMP amount and the drawings, specifications and other descriptive documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by the Owner, the Construction Manager shall obtain three (3) sets of signed, sealed and dated drawings, specifications and other documents upon which the GMP is based from the Engineer, shall acknowledge on the face of each document of each set that it is the set upon which the Construction Manager based the GMP and shall send one set of the documents to the Owner's Contracts Administrator along with their GMP proposal, while keeping one set and returning one set to the Engineer. The GMP Proposal shall include the following sections:

Section One: Summary of Work Section Two: GMP Price Summary – To include

Construction Authorization & Tax Savings Section Three: Scope Clarifications and Assumptions Section Four: Detailed Estimate Section Five: Bid Tabulations and Recommendations Section Six: Preliminary Construction Schedule Section Seven: Contract Documents – Drawing List and

Specification List

This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both Owner and Construction Manager.

1.3 DEFINITIONS

(1) Engineer- Grace Design Studios

(2) Construction Authorization – The term Construction

Authorization shall mean a written work order based on a defined scope of work excluding Construction Managers fees as specified in Article 8, prepared by the Project Director and issued to the Construction Manager. Construction Authorizations shall be used prior to the date of the GMP Amendment, and all

P a g e | 2 Federally Funded Construction Project Agreement work performed pursuant to Construction Authorizations shall be included in the GMP.

(3) Construction Manager ______________ The Construction Manager, responsible for the Project, shall be the single point of interface for all trade bidders and contractors for the duration of the Project. For the purposes hereunder, the Construction Manager (including its employees, contractors, subcontractors, etc.) is an independent contractor, and is not and shall not by its performance hereunder be deemed or construed under any circumstance to be, an employee, agent, representative, or servant of the Owner or the State of Florida.

(4) Estimate - The Construction Manager's latest estimate of probable project construction cost.

(5) Owner – Santa Rosa County, Florida Board of County Commissioners, acting through those persons designated by the Board to act in its behalf, as Owner’s Representative. The funds with which the compensation for work performed in connection with the Project will be paid are under the control of the Board, based on approval of each payment by Owner’s Representative. All duties of Owner hereinafter shall be performed by Owner’s Representative.

(6) Owner's Representatives - The Project Director and their superiors or designees.

(7) Permitting Authority - The local authority with jurisdiction over the area in which the project is located.

(8) Project - The Project is the total and sum of all work to be performed by Construction Manager and its subcontractors under this Agreement. The Project consists of all permitting, construction services and work, and code inspection necessary to fully complete Construction Management at Risk for the Santa Rosa County Sheriff's Administrative Complex, as contemplated in the Owner’s Construction Budget identified in Exhibit D.

(9) Project Director - The person designated by the Owner to provide direct interface with the Construction Manager with respect to the Owner's responsibilities.

1.4 Owner’s Construction Budget: Owner's funds

budgeted and requested for construction of the Project. The Owner's Construction Budget is TBD identified in Exhibit D, including all Construction Manager fees, costs of the work and the Owner's and Construction Manager's construction and interface contingencies as defined in Articles 8 and 9. This acknowledgement of the Owner's budgeted funds is not to be construed as the Construction Manager's Guaranteed Maximum Price. A Guaranteed Maximum Price will be identified by separate documentation as outlined in Article 7.

Article 2 - WORK Construction Manager is responsible for fully and satisfactorily completing the Project, which shall include, but is not limited to, those services described or specified herein.

The services described or specified shall not be deemed to constitute an exhaustive specification with the intended purpose or effect of excluding services or responsibilities not specifically mentioned. The Owner and Construction Manager acknowledge and agree that the Owner is contracting with the Construction Manager to perform or cause to be performed all work and services necessary to complete the Project.

2.1 Project Management Information System (PMIS)

2.1.1 General:

(1) Commencing immediately after contract award, the Construction Manager shall implement and shall utilize throughout the life of this Agreement all subsystems of the Project Management Information System hereinafter referred to as PMIS.

(2) The reports, documents, and data to be provided shall represent an accurate assessment of the current status of the Project and of the work remaining to be accomplished and it shall provide a sound basis for identifying variances and problems and for making management decisions. It shall be prepared and furnished to the Owner and the Engineer monthly and shall accompany each pay request;

alternatively, the Construction Manager may, and is encouraged by the Owner, to provide the Construction Team with secure Internet access to a maintained construction industry database project management software program or provide the same through any other suitable and acceptable electronic or digital format.

(3) If requested by the Project Director, the Construction Manager shall conduct a comprehensive workshop in Santa Rosa County for participants designated by the Project Director and additional seminars as required to provide instruction. This workshop and the seminars shall facilitate each participant's and the Owner's representatives' use and understanding of PMIS; shall support, in-part, the function of organizing in concert with the Engineer for the design and construction of the Project; and shall establish, with the full concurrence of the Owner and the Engineer, procedures for accomplishing the management control aspect of the Project.

(4) The PMIS shall be described in terms of the following major subsystems:

b. Narrative Reporting, on a monthly basis,

c. Schedule Control, on a monthly basis,

d. Cost Control, and estimating,

e. Project Accounting, P a g e | 3 Federally Funded Construction Project Agreement

f. Accounting and Payment, and

g. Action Reports.

2.1.2 Narrative Reporting Subsystem

(1) The Construction Manager shall prepare written reports as described hereunder. No other PMIS narrative reports shall be required. Any paper reports shall be in 8 1/2" X 11" format.

(2) The Narrative Reporting Subsystem shall include the following reports:

(a) A Monthly Executive Summary which provides an overview of current issues and pending decisions, future developments and expected achievements, and any problems or delays, including code violations found by Permitting Authority.

(b) A Monthly Cost Narrative describing the current construction cost estimate status of the Project.

(c) A Monthly Scheduling Narrative summarizing the current status of the overall project schedule. This report shall include an analysis of the various project schedules, a description of the critical path, and other analyses as necessary to compare planned performance with actual performance.

(d) A Monthly Accounting Narrative describing the current cost and payment status of the entire project. This report shall relate current encumbrances and expenditures to the budget allocations.

(e) A Monthly Construction Progress Report during the construction phase summarizing the work of the various subcontractors. This report shall include information from the weekly job site meetings as applicable such as general conditions, long lead supplies, current deliveries, safety and labor relations programs permits, construction problems and recommendations, and plans for the succeeding month.

(f) A Daily Construction Diary during the construction phase describing events and conditions on the site.

(g) Construction Manager shall implement a direct tax savings purchase plan approved by the Department of Revenue that, upon acceptance, will be part of the Construction Manager’s services.

3) The reports outlined in subsection (2)(a) through

(e) above shall be bound with applicable computer reports and submitted monthly during design and construction phases and shall be current through the end of the preceding month.

Copies shall be transmitted to the Owner and the Engineer and others designated by the Project Director with the monthly pay requisition.

Additional copies of the report outlined in subsection (2)(a) shall be bound separately and distributed monthly as directed by the Project Director.

4) The report outlined in subsection (2)(f) above shall be maintained at the site available to the Owner and Architect- Engineer. A copy, bound, of the complete diary shall be submitted to the Owner at the conclusion of the project.

2.1.2 Scheduled Control Subsystem

1) Master Project Schedule - Upon award of this Agreement, the Construction Team, shall submit a master project schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This schedule will serve as the framework for the subsequent development of all detailed schedules. The master project schedule shall be produced and updated monthly throughout the project.

Construction Schedule And Requirements For Overtime Work For Projects. Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the Construction Manager shall prepare and submit to the Engineer a construction schedule graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. An example of an acceptable form of such a construction schedule is contained in Appendix I of the Corps of Engineers' Regulation ER 1-1-11 entitled "Network Analysis System", a copy of which is available to the Construction Manager from the Engineer, upon request. Another form of construction schedule which provides the same kind of information and employs the same basic principles as illustrated in Appendix I of the Corps of Engineers' Regulation ER 1-1-11 will be acceptable to the Owner if used by the Construction Manager;

provided, however, that the Engineer shall determine whether the construction schedule developed and submitted by the Construction Manager meets the requirements stated above and such determination shall be binding on the Construction Manager. Failure of the Construction Manager to develop and submit a construction schedule as aforesaid shall be sufficient grounds for the Engineer to find the Construction Manager in substantial default and certify to the Owner that sufficient cause exists to terminate the Agreement or to withhold any payment.

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Following development and submittal of the construction schedule as aforesaid, the Construction Manager shall, at the end of each calendar month occurring thereafter during the period of time required to finally complete the subject project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. Each such update and/or revision to the construction schedule shall be submitted to the Engineer in duplicate.

Failure of the Construction Manager to update, revise, and submit the construction schedule as aforesaid shall be sufficient grounds for the Engineer to find the Construction Manager in substantial default and certify to the Owner that sufficient cause exists to terminate the Agreement or to withhold payment to the Construction Manager until a schedule or schedule update acceptable to the Engineer is submitted.

2) The Construction Manager shall prepare and incorporate into the schedule data base, at the required intervals, the following schedules:

a. Pre-Bid Schedules (Subnetworks) - The

Construction Manager shall prepare a construction schedule for work encompassed in each bid package. The schedule shall be sufficiently detailed as to be suitable for inclusion in the bid package as a framework for contract completion by the successful bidder. It shall show the interrelationships between the work of the successful bidder and that of other subcontractors and shall establish milestones keyed to the overall master schedule.

b. Subcontractor Construction Schedules (Subnetworks) - Upon the award of each sub-contract, the Construction Manager shall jointly with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the specifications, taking into account the work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules and material delivery schedules.

c. Occupancy Schedule - The Construction Manager shall jointly develop with the Engineer and Owner a detailed plan, inclusive of punch lists pursuant to Section 255.077, Florida Statutes, final inspections, maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to Owner occupancy. The Occupancy Schedule shall be produced and updated monthly from its inception through final Owner occupancy. The Occupancy Schedule may be included within the Master Project Schedule as described in 2.1.3(1) above.

2.1.4. Cost Control Subsystem - The operation of this

subsystem shall provide sufficient timely data and detail to permit the Construction Team to control and adjust the project requirements, needs, materials, equipment and systems by building and site elements so that construction will be completed at a cost which, together with all other project costs, will not exceed the maximum total project budget. Requirements of this subsystem include the following submissions at the following phases of the project:

Estimates

(a) At Completion of 100% Construction Documents Phase for Each Item or Bid Package.

(b) At establishment of the Guaranteed Maximum Price.

2.1.5 Project Accounting Subsystem- The operation of this

subsystem shall enable the Construction Team to plan effectively and to monitor and control the funds available for the project, cash flow, costs, change orders, payments, and other major financial factors by comparison of budget, estimate, total commitment, amounts invoiced, and amounts payable. This subsystem will be produced and updated monthly and includes the following reports which together will serve as a basic accounting tool and an audit trail. The Construction Manager will retain all project files in a manner consistent with proper accounting procedures that would be sufficient for an audit by the Owner for a period of 5 years after final completion of the project. This report will also provide for accounting by building and site element.

(a) Costs Status Report presenting the budget, estimate, and base commitment (awarded contracts and purchase orders) for any given contract or budget line item. It shall show approved change orders for

P a g e | 5 Federally Funded Construction Project Agreement each contract which when added to the base commitment will become the total commitment.

Pending change orders will also be shown to produce the total estimated probable cost to complete the work.

(b) A Payment Status Report showing the value in place (both current and cumulative), the amount invoiced (both current and cumulative), the retained, the amount payable (both current and cumulative), and the balance remaining. A summary of this report shall accompany each pay request.

(c) A Detailed Status Report showing the complete activity history of each item in the project accounting structure. It shall include the budget, estimate and base commitment figures for each contract. It shall give the change order history including change order numbers, description, proposed and approved dates, and the proposed and approved dollar amounts. It shall also show all pending or rejected change orders.

(d) A Cash Flow Spreadsheet showing the projected accumulation of cash payments against the project.

Cash flow projections shall be generated for anticipated monthly payments as well as cumulative payments.

(e) A Detailed Schedule of Values shall be maintained as necessary to supplement the operation of the project accounting subsystem. The detailed schedule of values will be used to provide construction cost accountability for general conditions work, on-site reimbursable expenses, and costs requiring accounting needs.

2.2 Design Review and Recommendations

(1) Review and Recommendations and Warranty - The Construction Manager shall be thoroughly familiar with the evolving architecture, civil, mechanical, plumbing, electrical, and structural plans and specifications and shall follow the development of design from preliminaries through working drawings. The Construction Manager shall make recommendations with respect to the selection of systems and materials, and cost-reducing alternatives including assistance to the Engineer, and Owner in evaluating alternative comparisons versus long term cost effects. The evaluation shall speak to the benefits of the speed of erection and early completion of the project. The Construction Manager shall furnish pertinent information as to the availability of materials and labor that will be required and shall submit to the Owner, Permitting Authority and Engineer such comments as may be appropriate concerning construction feasibility and practicality. Any apparent defects in the design, drawings and specifications or other documents shall be called to the Project Director's and the Engineer's attention. The Construction Manager shall prepare an estimate of the construction cost utilizing a lump sum basis.

(2) Review Reports and Warranty - Within 45 days after receiving the Construction Documents for each phase of the project, the Construction Manager shall perform a specific review focused upon factors of a nature encompassed in Paragraph (1) above and on factors set out in Paragraph (5). Promptly after completion of the review, the Construction Manager shall submit to the Project Director and Permitting Authority, with copies to the Architect- Engineer, a written report covering suggestions or recommendations previously submitted, additional suggestions or recommendations as may be deemed appropriate, and all actions taken by the Engineer with respect to same, any comments deemed appropriate with respect to separating the work into separate contracts, alternative materials, and all comments called for under Article 2.3(5).

At completion of the construction manager’s review of the plans and specifications, except only as to specific matters as may be identified by appropriate comments pursuant to this section, the construction manager shall warrant, without assuming any engineering responsibility, that the plans and specifications are consistent, practical, feasible and constructible. The construction manager shall warrant that the work described in the plans and specifications for the various bidding packages is constructible within the scheduled construction time.

Disclaimer of Warranty – The owner disclaims any warranty that the plans and specifications for the project are accurate, practical, consistent or constructible.

(3) Long Lead Procurements- The Construction Manager shall review the design for the purpose of identifying long lead procurement items (machinery, equipment, materials and supplies). When each item is identified, the Construction Manager shall notify the subcontractors, the Project Director and the Engineer of the required procurement and schedule.

Such information shall be included in the bid documents and made a part of all affected sub-contracts. As soon as the Engineer has completed drawings and technical specifications and the Construction Manager has obtained permitting approval, the Construction Manager shall prepare invitations for bids. The Construction Manager shall keep informed of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise the Project Director, Owner and Engineer of any problems or prospective delay in delivery.

(4) Separate Contracts Planning - The Construction

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Manager shall review the design with the Engineer and make recommendations to the Owner and to the Engineer with respect to dividing the work in such manner as will permit the Construction Manager to take bids and award separate construction sub-contracts on the current schedule while the design is being completed. The Construction Manager shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and cost by overlapping design and construction that are authorized by the Owner.

(5) Interfacing

(a) The Construction Manager shall take such measures as are appropriate to provide that all construction requirements will be covered in the separate subcontracts for procurement of long lead items, the separate construction subcontracts and the general conditions items performed without duplication or overlap, sequenced to maintain completion of all work on schedule. Particular attention shall be given to provide that each bid package clearly identifies the work included in that particular separate subcontract, its schedule for start and completion and its relationship to other separate Construction Managers.

(b) Without assuming any Design responsibilities of the Engineer, the Construction Manager shall include in the reports required under Article 2.3(2) comments on overlap with any other separate subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that the Project Director and Engineer may arrange for necessary corrections.

(6) Job-Site Facilities - The Construction Manager shall arrange for all job-site facilities necessary to enable the Construction Manager and the Owner's representatives and the Engineer to perform their respective duties in the management, inspection, and supervision of construction.

Tangible personal property, otherwise referred to as Job-Site facilities, include but are not limited to such things as trailers, toilets, computers and any other equipment necessary to carry on the project. The method of acquiring such job-site facilities which are planned to become the property of the owner at the conclusion of the project shall be evaluated based on cost over the life of the project. The Construction Manager shall present the evaluation with recommendation to the Owner for approval.

When the Construction Manager wishes to supply

Job-Site Facilities from their own equipment pool, they shall first evaluate buy versus lease as discussed in the paragraph above. If leasing is found to be the least expensive approach, then such Job-Site Facilities may be leased from their own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtained.

For all such facilities purchased which may become the property of the Owner at the conclusion of the project, the Construction Manager shall maintain ownership responsibilities of such facilities until the project conclusion. Reimbursement for cost of such equipment will be made at the conclusion of the project at the documented purchase price. At that time, the Construction Manager shall provide the owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to the Owner or to the Owner’s designee.

The Construction Manager is responsible for proper care and maintenance of all equipment while in his control. At the time of transfer to the owner, the owner may refuse acceptance of the equipment if the owner determines in its sole discretion that the equipment has not been properly cared for by the Construction Manager or that such acquisition would not otherwise be in the best interest of the Owner. In such event, the Construction Manager will be reimbursed for such item in accordance with Article 9.2(4) hereof.

(7) Weather Protection - The Construction Manager shall ascertain what temporary enclosures, if any, of building areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced. The Construction Manager shall submit to the Construction Team its recommendations as to needed requirements of this nature and as to the contract or contracts in which they should be included.

(8) Market Analysis and Stimulation of Bidder Interest

(a) The Construction Manager shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the project; shall make analysis as necessary to (l) determine and report on availability of labor, material, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and

(2) in light of such determinations, make recommendations as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of

P a g e | 7 Federally Funded Construction Project Agreement work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the scheduled time.

(b) Within 30 days after receiving Notice to Proceed, the Construction Manager shall submit a written " Prospective Bidders List" setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, the Construction Manager shall submit to the Project Director and the Engineer a list of potential bidders. The Construction Manager shall be responsible to stimulate bidder interest in the local marketplace, specifically Santa Rosa County, and identify and encourage bidding competition.

(c) The Construction Manager shall carry out an active program of stimulating interest of qualified Construction Managers in bidding on the work and of familiarizing those bidders with the requirements of this project.

2.3 Construction Phase

(1) Construction Manager’s Staff- The Construction Manager shall maintain sufficient off-site support staff, and competent full-time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and provide general direction of the work and progress of the subcontractors and shall provide no less than those personnel during the respective phases of construction that are set forth in Article 1.1 to this agreement. The Construction Manager shall not change any of those persons named in "Article 1.1” unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld.

(2) Lines of Authority- The Construction Manager shall establish and maintain lines of authority for their personnel and shall provide this definition to the Owner and all other affected parties such as the code inspectors of the Permitting Authority, the sub-contractors, the Engineer and the Owner's representatives, to provide general direction of the work and progress of the various phases and subcontractors. The Owner and Architect- Engineer may attend meetings between the Construction Manager and their subcontractors, however, such attendance shall not diminish either the authority or responsibility of the Construction Manager to administer the subcontractor.

(3) Schedule and Project Manual Provisions - The Construction Manager shall provide subcontractors and the Owner, its representatives and the Engineer with copies of the Project Manual (total number of copies not to exceed 10) developed and updated as required by Article 2.2 expanded for the Construction Phase employing their respective milestones, beginning and finishing dates, their respective responsibilities for performance and the relationships of their work with respect to subcontractors and suppliers. The Construction Manager shall also continue to provide current scheduling information and provide direction and coordination regarding milestones, beginning and finishing dates, responsibilities for performance and the relationships of the work to the work of their subcontractors and suppliers to enable them to perform their respective tasks so that the development of construction progresses in a smooth and efficient manner in conformance with the overall project schedule. The schedule shall include all phases of the construction work, material supplies, long lead procurement, approval of shop drawings, change orders in progress, schedules for change orders, and performance testing requirements. They shall advise the Owner, its representatives and the Engineer of their required participation in any meeting or inspection giving each at least one week notice unless such notice is made impossible by conditions beyond their control.

They shall hold job-site meetings at least once each month with the Construction Team and at least once each week with the subcontractors and the Engineer's Field Representative, or more frequently as required by work progress, to review progress, discuss problems and their solutions and coordinate future work with all subcontractors.

(4) Advertisement and Competitive Bidding Procedures

i. During the Project, without assuming responsibilities of the Engineer, the Construction Manager shall be responsible for complying with the advertising and competitive bidding procedures applicable to public construction projects, including but not limited to, invitations for bids, or requests for proposal when applicable, for all procurements of long lead items, materials and services, and for Subcontractor contracts.

Accordingly, such solicitations shall be prepared and completed in accordance with the following guidelines:

a) For contracts exceeding or projected to exceed $1,000 but not $35,000, a Contract may be executed with the firm whose proposal the Construction Manager determines best meets the needs of the Project. The Construction Manager shall

P a g e | 8 Federally Funded Construction Project Agreement first obtain a minimum of two (2) verbal quotations, whenever practical. Should verbal quotations be received, name and address of the company and amount quoted shall be a part of the written documentation. If at least two quotations are not received, a statement or why they were not received must be shown.

Quotations shall be confirmed by written proposals of the firms defining the scope and quality of work to be provided.

These quotations shall be entered on a bid tabulation sheet and a copy of such tabulation sent to the Owner, Engineer and to each firm. The successful quotation shall be confirmed by written contract or purchase order to the low bid firm defining the scope and quality of work to be provided. The Construction Manager shall engage the firm which submits the lowest verbal quotation.

b) For contracts exceeding or projected to exceed $35,000 but not $200,000, the Construction Manager may execute a contract with the firm whose proposal, in the Construction Manager’s best judgement, best meets the needs of the Project. The Construction Manager shall first request at least three (3) firms to submit sealed written proposals based on written drawings and/or specification. The written proposals shall all be opened publicly at the location, date and time named by the Construction Manager in the request for proposal. A tabulation of the results shall be furnished to the Owner, Engineer and to each firm. The Construction Manager shall engage the firm who is qualified and submits the lowest responsive proposal.

c) For contracts exceeding or projected to exceed $200,000 but not $500,000, the Construction Manager shall receive competitive bids and shall strive to receive a minimum of three bids. Work may not be divided for the purpose of evading these requirements. These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement.

If the location, date, or time of the bid opening changes, written notice of the change must be given, as soon as practicable after the change is made, to all persons who are registered to receive any addenda to the plans and specifications.

The Construction Manager shall engage the firm who is pre-qualified and submits the lowest responsive proposal.

In the event of a valid emergency (such as an immediate danger to the public, an immediate danger of loss of public or private property, or an interruption in the delivery of an essential government service) the Construction Manager may request a waiver from these requirements from the Owner, to be approved or denied at its sole discretion.

d) For contracts exceeding or projected to exceed $500,000, the Construction Manager shall receive competitive bids and shall strive to receive a minimum of three bids. Work may not be divided for the purpose of evading these requirements.

These proposals shall be based on approved plans and specifications. Bids shall be received and opened publicly at the location, date and time established in the bid advertisement. If the location, date, or time of the bid opening changes, written notice of the change must be given, as soon as practicable after the change is made, to all persons who are registered to receive any addenda to the plans and specifications. The Construction Manager shall engage the firm who is pre-qualified and submits the lowest responsive proposal.

In the event of a valid emergency (such as an immediate danger to the public, an immediate danger of loss of public or private property, or an interruption in the delivery of an essential government service) the Construction Manager may request a waiver from these requirements from the Owner, to be approved or denied at its sole discretion.

e) Individual purchases of materials or rentals or leases of equipment amounting to less than $1,000.00 each may be made without bids or quotes when reasonably necessary to expedite work on the project, however, the Construction Manager shall not divide or separate a procurement in order to avoid the requirements set forth above.

f) Site utilities may be acquired at market rates from the entity(ies) providing such in

P a g e | 9 Federally Funded Construction Project Agreement the franchise area.

g) It must be expressly noted in all advertisements and solicitations that all submitted quotations or bid proposals are made to the Construction Manager and that the Owner is not a party. Nothing in the bid documents, either express or implied, enjoins the Owner as a party to the receipt, review, or award of the bids received by the Construction Manager. Award of each subcontract shall be based solely on the best interests of the Project as determined by the Construction Manager.

h) As part of such preparation, the

Construction Manager shall review the specifications and drawings prepared by the Engineer. Ambiguities, conflicts, or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the Construction Manager shall be brought to the attention of the Project Director and Engineer in written form.

ii. There are two steps in qualifying to perform construction of State-funded projects:

Prequalification to submit a bid and Prequalification for award of the contract.

Prequalification to submit a bid. Each potential bidder on contracts exceeding $200,000, whose field or area is governed by Chapter 399, 455, 489 or 633, Florida Statutes, for licensure will be prequalified by the Construction Manager to participate in the bid process for a specific field or area of construction based on the bidder’s area of license or certification. Contractors not governed by the requirements of Chapter 399, 455, 489, or 633, F.S., are not required to be prequalified under this section. The following information is acceptable:

a) Current State Contractor license certification or registration as required under Florida Statutes.

b) Current Corporate Charter registration, if the potential bidder is a Florida corporation or authority to transact business if the potential bidder is a non-Florida corporation, as maybe required by Florida law.

For projects that require a contractor with specific expertise and experience, the Construction Manager may establish additional prequalification requirements relating to demonstrated performance of similar work of similar size and complexity and the possession or availability of facilities or equipment needed for performance of the work in addition to prequalification requirements in accordance with conditions that will be established in the bidding documents.

In each instance where the bid documents set forth certain additional prequalification requirements each potential bidder shall submit these prequalification data to the Construction Manager as provided in the bid documents. The conditions may include a deadline date for submittal of additional prequalification data, which date will be earlier than the deadline for submission of bids.

Bids are to be accepted only from those potential bidders who have prequalified in accordance with this section and the terms of the bidding documents.

Any bidder that has submitted a bid on a contract exceeding $200,000 must satisfy the following requirements as judged by the Construction Manager in order to be eligible for award of the contract:

a) Satisfactory compliance with bid prequalification criteria, if applicable.

b) On projects where the bid exceeds $500,000, unless such requirement has been waived by the Owner, the bidder must provide with the bid or within two working days of being notified as the low responsive, qualified bidder, evidence of ability to provide the necessary performance and payment bonds for the project by providing a letter of intent to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida, and meeting the financial and performance rating required by the bidding documents. For contract amounts not exceeding $500,000, the provisions of Section 287.0935, F.S., shall govern.

c) The bidder must provide at any time prior to the Construction Manager’s execution of the contract, evidence of insurance in effect, equal to or exceeding the limits required by the bidding documents.

d) Unless waived by the Construction Manager for good cause, on contracts exceeding $200,000, the contractor must agree to establish or have an active office, or an ongoing project, which office or project is located within 300 road miles of the project site. Good cause shall be the bidder’s refusal to establish a project office with qualified management personnel at or within 300 miles of the project site or a finding by the agency that a bidder’s office within 300 miles of the project site is not in fact an active office staffed with qualified management staff.

P a g e | 10 Federally Funded Construction Project Agreement

On contracts exceeding $500,000, the bidder must agree to perform no less than 15% of the project management and construction work utilizing its own employees. The bidder must have successfully completed no less than two projects of similar size and complexity within the last three years.

The firm determined by the Construction Manager to have submitted the low, responsive bid must complete and submit the above required qualification data where applicable within seven working days after being notified as the low responsive bidder. The Construction Manager will evaluate all data submitted within fourteen days of receipt and determine whether the firm is a qualified bidder. Should the bidder be judged unqualified, its bid will be rejected and the bidder submitting the next low responsive bid will be given seven working days to submit its qualification data.

iii. For each separate construction contract exceeding $65,000, the Construction Manager shall, unless waived by Owner, conduct a pre-bid conference with prospective bidders, the Engineer and Project Director. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, the Construction Manager shall transmit these to the Engineer and upon receiving clarification or correction in writing shall prepare an addendum to the bidding document, and issue same to all of the prospective bidders.

iv. For all contracts exceeding $65,000, the Construction Manager shall establish a pre-qualification procedure for applicable subcontract trades.

v. All contracts, except where competitive bidding is waived, will be publicly bid in accordance with the provisions in the project specifications bidding documents. Award of contract will be made to the responsive bidder, determined to be qualified in accordance with the provisions herein and meeting the requirements of the bidding documents, that submits the lowest valid bid for the work.

Construction Manager may self-perform portions of the Work if Construction Manager submitted a competitive bid and was determined to be the lowest responsive bidder as described hereafter.

The lowest bid will be the bid from the responsive bidder that has submitted the lowest price for the base bid or the base bid plus the additive alternates or less the deductive alternates chosen by the Construction Manager to be included in or excluded from the proposed contract, taken in numerical order listed in the bid documents. The order of the alternates may be selected by the Construction Manager in any sequence so long as such acceptance out of order does not alter the designation of the low bidder.

On contracts whose bidding documents provide for evaluation of the bids based on first cost and life cycle cost and performance criteria, the lowest bid will be the bid by the firm whose bid products are determined to yield the lowest total cost in accordance with the criteria set forth in the bidding documents.

vi. The Construction Manager shall reserve the right to reject any or all bids or portions thereof under any of the following circumstances:

a) When the bidding process, including the procedure followed by the agency, involves a material conflict with a rule or statutory or case law;

b) When the Construction Manager has evidence to indicate that collusion exists among the bidders;

c) When the base bid or the base bid minus all deductive alternates exceeds the funds available for construction;

d) When the Construction Manager has evidence to indicate the bidder is not in a position to satisfactorily perform the contract;

e) When the Construction Manager has evidence to indicate the bidder has interest in more than one proposal for the same work;

f) When the Construction Manager finds the unit price provided with a bid proposal is not approximately the same as the unit cost for the same work provided as a lump sum for a specified quantity in the base bid, or alternate;

g) When the Construction Manager determines that the bid is not valid according to the bid specifications;

h) When the Construction Manager determines that a conflict of interest exists.

i) When the Construction Manager determines that a bid is unreasonably low (at least 20% below the next lowest bid), where requiring the contractor to perform the contract at the stated price would likely result in unacceptable quality of performance or abandonment of the project.

When the Construction Manager suspects that the apparent low responsive bid is unreasonably low, the Construction Manager shall advise the bidder of why the bid is suspected of being unreasonably low and require the bidder to reconsider the bid. In response, the bidder, upon reconsideration, within 10 working days, (or longer if the parties agree), from the date the bidder received the Construction Manager’s request for reconsideration, shall inform the Construction Manager of its position on whether the bid is unreasonably low and furnish the Construction Manager all relevant information including the documents that pertain to the reconsideration. The bidder shall demonstrate to the Construction Manager that its position is correct, whether the decision was

P a g e | 11 Federally Funded Construction Project Agreement affirmative or negative. If the Construction Manager ultimately concludes that the bid is unreasonably low, the Construction Manager shall give notice of intention to reject the bid. If the bidder fails to furnish evidence in support of the bid, the Construction Manager may presume that the bid is unreasonably low.

j) Contractor and any subcontractors agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247.