SOQ DOA 23 24 124 FINAL.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

REQUEST FOR STATEMENT OF QUALIFICATIONS

SOQ DOA 23 24 124

FDACS PROJECT: #1095

TITLE: New Dundee Citrus Budwood Greenhouses General Contractor Services

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

Tallahassee, FL 32399-0800 850-617-7181

BIDS@FDACS.gov

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

mailto:BIDS@FDACS.gov

STATEMENT OF QUALIFICATIONS

SECTION 1. INTRODUCTORY SECTION

A. PURPOSE

The Florida Department of Agriculture and Consumer Services (FDACS or Department) issues this Request for Statement of Qualifications (SOQ / solicitation) seeking proposals and/or responses from licensed General Contractors (hereinafter referred to as vendor, contractor, or GC) to provide design and construction services for the project referenced herein:

Project 1095: New Dundee Budwood Greenhouses 820 Lake Mabel Loop Road, Dundee, Florida 33838

B. RELEVANT EXPERIENCE

The selected contractor should have experience with commercial greenhouse construction. This includes knowledge of building materials, techniques, safety protocols for new construction, remodeling, and/or repair of existing occupied buildings, building system upgrades, re-glazing, and waterproofing exterior building envelopes. Additional experience should be familiarity with various materials commonly used in greenhouse construction, such as glass, polycarbonate, and structural materials like steel or aluminum is important for selecting the most appropriate materials for the project.

The selected contractor will undertake comprehensive oversight, managing all design and construction phases to ensure adherence to predefined timelines, budgets, stringent quality benchmarks, and safety protocols while facilitating seamless collaboration among architects, engineers, subcontractors, and pertinent stakeholders throughout the project lifespan.

Additionally, the contractor will implement quality control measures to align construction precisely with designated design plans, materials, and standards. Efficiently monitoring project expenditures, providing accurate cost estimates, and proposing cost-saving strategies without compromising quality will be integral.

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

The contractor awarded the project shall provide signed and sealed engineered drawings from a Florida licensed professional as part of the project, and furnish all labor, materials, equipment, tools, transportation, supplies, and supervision required to complete the construction of the project.

SECTION 2. SPECIFIC QUALIFICATIONS

The selected contractor must demonstrate the understanding of greenhouse design principles, such as ventilation, heating, cooling, and irrigation systems. Builders should be familiar with different types of greenhouse structures (e.g., hoop houses, traditional glass houses) and their specific requirements.

A basic understanding of horticulture as well as technical and problem-solving skills. Depending on local regulations, greenhouse builders may need to be licensed or certified. This can include general contractor licenses or specialized certifications related to construction or greenhouse installation.

Knowledge of safety procedures and protocols is essential to prevent accidents and ensure a safe working environment for the construction team.

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

A contractor submitting a response shall be required to have an individual who is a licensed contractor pursuant to the licensing requirements of section 489.113, Florida Statutes.

SECTION 3. SPECIAL INSTRUCTIONS

A. CALENDAR OF EVENTS

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

EVENT DATE/TIME (ET) LOCATION

RELEASE OF SOQ 06/12/2024

VENDOR INFORMATION PORTAL

HTTPS://VENDOR.MYFLORIDAMARKE

TPLACE.COM/

LAST DAY FOR WRITTEN

INQUIRIES TO BE RECEIVED

BY THE DEPARTMENT

06/20/2024

5:00 PM

EMAIL: BIDS@FDACS.GOV

**ALL EMAILS SHOULD CONTAIN THE SOQ NUMBER

IN THE SUBJECT LINE OF THE EMAIL**

WRITTEN RESPONSES TO

WRITTEN INQUIRIES

(ANTICIPATED)

06/21/2024

VENDOR INFORMATION PORTAL

SOQ

PROPOSALS DUE

07/18/2024

5:00 PM ET

FLORIDA DEPARTMENT OF AGRICULTURE AND

CONSUMER SERVICES

407 S. CALHOUN STREET, SB-8 MAYO BUILDING

TALLAHASSEE, FLORIDA 32399-0800

PUBLIC OPENING

07/19/2024

11:00 AM ET

TELECONFERENCE NUMBER: 1 (888) 585 – 9008

CONFERENCE ROOM #: 407 639 217, #1

PUBLICATION OF SHORT LIST

(ANTICIPATED) 07/29/2024

VENDOR INFORMATION PORTAL

INTERVIEWS/PRESENTATIONS

WITH SELECTED FIRMS

(ANTICIPATED)

08/12/2024-08/14/2024 TBD

FINAL SELECTION RESULTS

(ANTICIPATED) 08/20/2024

VENDOR INFORMATION PORTAL

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

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

B. RESPONDENT INQUIRIES

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

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

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

The Procurement Officer for this SOQ is:

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

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

NUMBER IN THE SUBJECT LINE OF THE EMAIL.**

C. MYFLORIDAMARKETPLACE (MFMP) REGISTRATION

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

https://vendor.myfloridamarketplace.com/.

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

D. VENDOR SUBSTITUTE W-9

The Florida Department of Financial Services (DFS) requires all Vendors that conduct business with the state to electronically submit a Substitute W-9 Form to https://flvendor.myfloridacfo.com. Forms and answers to frequently asked questions are located on that website once a registration has been completed. DFS may assist vendors with questions related to the substitute W9 process and can be reached by contacting (850) 413-5519 or FLW9@myfloridacfo.com.

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

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

E. BUSINESS ENTITIES

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

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

SECTION 4. SOQ PROPOSAL PACKETS

A. NUMBER OF COPIES

Vendors should submit one (1) digital USB of the proposal in its entirety, one (1) original hardbound, copy of the SOQ proposal to the Procurement Officer in accordance with the proposal deadlines stated herein. The original must contain an original signature of an official of the potential service provider who is authorized to bind the service provider to the proposal.

B. PROPOSAL CONTENTS

The following items should be completed and submitted in the contractor SOQ and will be evaluated in accordance with Section 5 of this SOQ.

1. A brief letter of interest detailing the contractor’s qualifications to meet the criteria referenced in this SOQ / Proposal request.

2. A completed Appendix I, Experience Questionnaire and Contractor’s Financial Information.

3. A minimum of three reference letters for comparable projects.

4. Project listing of relevant experience (including name of client, architect/engineer, contact information, project details, and summary of scope) with successful projects of similar size and scope.

5. Resumes of proposed staff and staff organizations, for both pre-construction and construction phases.

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

C. RESPONSIVENESS CRITERIA

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

1. ACKNOWLEDGEMENT FORM

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

2. SCRUTINIZED COMPANIES AND PROHIBITED BUSINESS ACTIVITIES

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

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

3. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS FOR EXPENDITURE OF FEDERAL FUNDS

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

4. APPENDIX D – EXPERIENCE QUESTIONNAIRE AND CONTRACTOR’S FINANCIAL

INFORMATION

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

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

D. COST OF PREPARATION

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

E. Disclosure of Contractor Submittal Contents

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

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

F. REDACTED COPY

All materials submitted as part of this solicitation will be a public record subject to the provisions of Chapter 119, Florida Statues. If a Respondent considers any portion of the documents, data or records submitted in its SOQ response to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Respondent must mark the document as “Confidential” and simultaneously provide the Department with a “Redacted Copy” of its SOQ response and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for exemption.

This Redacted Copy shall contain the Department’s solicitation name, number, and the

Respondent’s name on the cover and shall be clearly titled “Redacted Copy”. The Redacted Copy shall only redact those portions of material that the Respondent claims is confidential, proprietary, trade secret, or otherwise not subject to disclosure pursuant to Chapter 119, F.S.

By failing to submit a Redacted Copy, the Respondent expressly agrees the Department is authorized to produce the entire documents, data, or records submitted by Respondent to the Department in answer to a public records request for these records.

G. PUBLIC OPENING

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

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

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

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

H. REJECTION OF SOQ PROPOSAL RESPONSE

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

I. LATE SOQ PROPOSAL

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

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

SECTION 5. SELECTION PROCEDURES

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

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

A. PRELIMINARY EVALUATION

1. The Procurement Officer will calculate the score for Proposed Office Distance to Site

(Location) as indicated by the Firm on ATTACHMENT D, Contractor Experience Questionnaire and Financial Information.

*Location: The proximity (highway distance) of the applicant (applicants with multiple offices shall list the office where the work will be performed) in relation to the project will be rated.

https://www.ftri.org/relay https://www.flrules.org/Gateway/reference.asp?No=Ref-04738

Criteria Available Points

a. Proposed Office Distance to Site 10

2. A selection committee will review each SOQ proposal response in depth and rate the responding firms in accordance with the following:

a. Financial Capacity to Project Scope 5

b. Relevant Project Type Experience 20

c. Proposed Preconstruction Phase Staff 15

d. Proposed Construction Phase Staff 15

e. Project Management Systems Utilization 10

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

B. INTERVIEW EVALUATION

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

2. Each vendor selected for interview will be notified by email transmission of the date and time of its interview. Each firm selected for interview shall present and answer questions regarding its substantiating information and demonstrated performance of the following:

a. References for Relevant Projects 5

b. Preconstruction Services

c. Bid Marketplace Effort

d. Construction Site Mobilization

e. Construction Phase Scheduling

f. Overall Approach & Methodology

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

4. The Department will negotiate with the vendor considered to be the most highly qualified to perform the required services based on the scores determined pursuant to this SOQ. The selection committee will recommend its selection to the Commissioner of Agriculture and negotiate a contract with the firm determined to be most qualified in full accordance with Rule 60D-5.0091, F.A.C.

5. In the event of an impasse in contractual negotiations, as determined solely by the

Department, with the top-ranked vendor, the Department reserves the right to negotiate with the next highest-ranked vendor. In the event of additional impasses in contractual negotiations, as determined solely by the Department, the Department reserves the right to continue negotiating with the successively highest-ranked vendor until contractual negotiations are complete.

SECTION 6. SPECIAL CONDITIONS – CONTRACT DOCUMENTS

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

BETWEEN OWNER AND CONTRACTOR.

SECTION 7. NOTIFICATIONS

A. POSTING OF SOQ RESPONSE RANKING

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

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

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

B. ADDENDA

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

C. AGENCY CONTACT

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

ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICUTLUTRE

AND CONSUMER SERVICES

REQUEST FOR

STATEMENT OF QUALIFICATIONS

Agency Release Date:

June 12, 2024

SUBMIT RESPONSE TO:

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

FDACS Number: SOQ DOA 23 24 124

SOQ Due:

July 18, 2024 @ 5:00 PM ET

FDACS PROJECT # 1095

NEW DUNDEE CITRUS BUDWOOD GREENHOUSE

General Contractor Services

CONTRACTOR / COMPANY NAME:

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

DBA ABC)

Respondent Mailing Address: *Authorized Signature (Manual)

City, State, Zip:

Phone Number: *Typed Name and Title of Authorized Agent

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

Fax Number:

Email Address:

FEID Number:

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

RESPONDENT CONTACTS:

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

PRIMARY CONTACT: SECONDARY CONTACT:

Contact Name, Title: Contact Name, Title:

Address: Address:

Phone Number: Phone Number:

Fax Number: Fax Number:

Email Address: Email Address:

ATTACHMENT B

Florida Department of Agriculture and Consumer Services Division of Administration

CERTIFICATION REGARDING SCRUTINIZED COMPANIES

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

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

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

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

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

Signature of Authorized Representative:

Date:

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

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

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

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

Signature of Authorized Representative:

Date:

WILTON SIMPSON

COMMISSIONER

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

ATTACHMENT C

Florida Department of Agriculture and Consumer Services Division of Administration

CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION

AND OTHER RESPONSIBILITY MATTERS

FOR EXPENDITURE OF FEDERAL FUNDS

LOBBYING

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

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

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

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

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

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

PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER

SIGNATURE OF REPRESENTATIVE / DATE

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

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

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

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

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

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

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

PRINTED NAME/TITLE OF REPRESENTATIVE CONTRACT / PURCHASE ORDER NUMBER

SIGNATURE OF REPRESENTATIVE / DATE

WILTON SIMPSON

COMMISSIONER

CONSTRUCTION PROJECT AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FDACS PROJECT NO: ####

SOLICITATION NO: ### ### ## ## ##

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

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

PROJECT NAME AND LOCATION: NAME

STREET ADDRESS

CITY, STATE, ZIP CODE

CONTRACTOR: NAME

MAILING ADDRESS

CITY, STATE, ZIP CODE

CONSTRUCTION PROJECT AGREEMENT BETWEEN OWNER AND CONTRACTOR

THIS CONSTRUCTION PROJECT AGREEMENT (“Agreement”) for Construction Services is made and entered into this _______________ day of ____________________________ in the year Two Thousand Twenty-Four (2024), by and between the Florida Department of Agriculture and Consumer Services, hereinafter called the Owner, and

CONTRACTOR NAME

MAILING ADDRESS

CITY, STATE, ZIP

FEDERAL TAX ID NUMBER: ##-######

hereinafter called the Contractor.

ARTICLE 1: THE PROJECT TEAM AND EXTENT OF AGREEMENT

The Contractor 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 in furthering the interests of the Owner. The Contractor agrees to furnish efficient business administration and superintendence, and to use its best efforts to complete the Project in the most sound, expeditious, and economical manner consistent with the interest of the Owner and the terms of this Agreement.

1.1 THE PROJECT TEAM

The Contractor and Owner, called the “Project Team”, shall work jointly through final construction completion and shall be available thereafter should additional services be required.

The specific representatives of the Project Team are shown in Exhibit A, attached.

1.2 EXTENT OF AGREEMENT

This Agreement entered into between the Owner and the Contractor is for the completion of the ________(insert name of project)_____________ Project (“Project”), and supersedes any prior negotiations, representations, or agreements not included or incorporated into this Agreement. The following documents are incorporated into and made part of this Agreement: (i) _____________(insert title of construction documents)____________________ (“Construction Documents and/or Specifications”); (ii) Florida Department of Agriculture and Consumer Services ___________(insert bid number)_______________ dated _______________________ (“Bid Solicitation”); and

(iii) Contractor’s response and bid submission for ________(insert bid number)____________ (“Bid Submission”) together with the Bid Solicitation are collectively referred to herein as the (“Bid Documents”). Any reference herein to a document (including this Agreement) is to that document as duly modified or amended from time to time. By executing this Agreement, the Owner and Contractor each acknowledge and agree to all requirements herein.

This Agreement may be amended only by written instrument signed by both the Owner and Contractor, except that the Construction Documents and Specifications may be amended by the Owner in accordance with Article 3.6 hereof. In the event of a conflict or inconsistency between any of the documents referenced in this Article 1.2, the controlling document(s) in order of precedence will be:

(1) This Agreement (including all attachments and exhibits attached hereto),

(2) Construction Documents and/or Specifications,

(3) Bid Solicitation, and

(4) Bid Submission.

1.3 DEFINITIONS

Contractor – The Contractor, responsible for the Project, shall be the single point of interface for all work trades and subcontractors for the duration of the Project. For the purposes hereunder, the Contractor (as well as 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.

Cost of the Project – Costs set forth in Articles 7.1.2 and 7.1.3 which are incurred by the Contractor and directly related to the Project.

Final Completion – Work on the Project has progressed to a stage where the Project is fully and finally complete in accordance with this Agreement, as determine and certified in writing by the Owner.

Notice to Proceed – The term Notice to Proceed shall mean a written work order based on a defined scope of work prepared by the Project Manager and issued to the Contractor. The Notice to Proceed shall be issued upon or after the execution date of this Agreement and all work performed pursuant to the Notice to Proceed shall be included in the amount set forth in the Construction Contract Price identified in Exhibit B.

Owner – The State of Florida, Department of Agriculture and Consumer Services, acting through its Commissioner or those persons designated by the Commissioner to act in its behalf. The entity that will occupy, use, and own the Project upon Substantial Completion is the Owner. The funds with which the compensation for work performed in connection with the Project will be paid are under the control of the Owner, based on approval of each payment by the Division of Administration, Florida Department of Agriculture and Consumer Services. All duties of the Owner hereinafter shall be performed by the Florida Department of Agriculture and Consumer Services.

Owner’s Representatives – The Project Manager and their superiors or designees.

Permitting Authority – The local authority with jurisdiction over the area in which the Project is located.

Project – The Project is the total and sum of all work to be performed by the Contractor and its subcontractors under this Agreement. The Project consists of all permitting, construction services and work, and code inspections necessary to fully complete the (insert name of project) under this Agreement and for the amount set forth in Exhibit B.

Project Manager – The person designated by the Owner to provide direct interface with the Contractor with respect to the Owner’s responsibilities. (See Exhibit A.)

State – The State of Florida.

Substantial Completion – Work on the Project has progressed to the stage where (i) the Project, including mechanical, electrical, and equipment installations, can be occupied or used by the Owner for its intended purpose;

(ii) any remaining work can be done without interfering with the Owner’s use; and (iii) formal instruction on all major equipment operation and maintenance, both verbal and written, along with As-Built reproducible drawings have been given to the Owner. The Owner will issue a certificate of Substantial Completion in the form of Exhibit E in accordance with Article 2.2.9(8) hereof.

ARTICLE 2: CONTRACTOR’S SCOPE OF WORK

The Contractor 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 Contractor acknowledge and agree that the Owner is contracting with the Contractor to perform or cause to be performed all work and services necessary to complete the Project.

2.1 GENERAL

The Contractor represents and warrants that it has thoroughly reviewed this Agreement and all other documents related to the Project made available by the Owner; visited and thoroughly inspected the Project site and familiarized itself with local conditions under which the Project will be constructed and operated; familiarized itself with surveys or other As-Built drawings that indicate the location of existing buildings, streets, utilities, equipment, components, conditions, and other attributes having or likely to have an impact on the Project; familiarized itself with pertinent Project dates, the Project schedule and any special requirements; and gathered any other information necessary for a thorough understanding of the Project.

If the Project involves modifications to any existing structure(s) on the Project site, the Contractor represents that it has also reviewed all plans, specifications, record drawings, and As-Built drawings applicable to the Project and has thoroughly inspected existing conditions at the Project site to identify any deficiencies. Claims by the Contractor resulting from the Contractor’s failure to familiarize itself with the Project site or pertinent documents shall be deemed waived.

2.2 CONSTRUCTION

2.2.1 Contractor’s Staff

The Contractor shall maintain sufficient off-site support staff and competent full-time staff at the Project site authorized to act on behalf of the Contractor to coordinate, inspect, and provide general direction of the work and progress of the subcontractors and shall provide no less than those personnel during construction that are set forth in Exhibit C to this Agreement. The Contractor shall not change any of those persons names in Exhibit C unless mutually agreed to by the Owner and Contractor. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. Such approval will not be unreasonably withheld. The Owner also retains the right to review the need and effectiveness of any employee or employees assigned by the Contractor, should the Project Manager question the need for the employee or employees.

The Contractor shall supervise and direct work at the project site. The Contract shall, at a minimum, staff the project with personnel who shall:

(1) supervise and coordinate the Contractor’s personnel and act as its primary liaison with the Owner.

(2) coordinate trade contractors and suppliers, and supervise site construction services;

(3) be familiar with all trade divisions and trade contractor’s scopes of work, all applicable building codes, and this Agreement;

(4) check, review, and coordinate shop drawings and materials delivered to the site, regularly review all work on the Project to determine its compliance with this Agreement, periodically confer with the Owner to assure acceptable levels of quality;

(5) prepare and maintain Project records, including process documents;

(6) schedule and conduct weekly progress meetings with subcontractors to review such matters as job site safety, job procedures, schedule, construction project, shop drawing status, and other information as necessary;

(7) schedule and conduct bi-weekly or monthly progress meetings with the Owner to review such matters as construction progress, schedule, and other information as necessary; and

(8) make provision for Project security to protect the project site and materials stored off-site against theft, vandalism, fire, and accidents.

2.2.2 Lines of Authority

The Contractor shall establish and maintain lines of authority for their personnel and shall provide a description of such lines of authority to the Owner and all other affected parties such as the code inspectors of the Permitting Authority, the subcontractors, and the Owner’s representatives, to provide general direction of the work and progress of the various phases and subcontractors. The Owner may attend meetings between the Contractor and its subcontractors; however, such attendance shall not diminish either the authority or responsibility of the Contractor to administer the subcontractor.

2.2.3 Schedule Provisions

The Contractor shall provide subcontractors and the Owner and its representatives with copies of the project schedule based on the deadlines for Substantial Completion and Final Completion provided herein and all construction progress must be updated monthly as required by the Owner. Further, such schedule must be expanded for the construction period, setting forth all milestones, beginning and finishing dates, subcontractor and supplier responsibilities for performance, and the relationships of their work to the balance of the Project. The Contractor 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 of the subcontractors and suppliers to the Project to enable them to perform their respective tasks so that the development of the 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 and its representatives of their requested participation in any meeting or inspection giving each at least one-week notice unless such notice is made impossibly by conditions beyond their control. They shall hold job-site meetings at least once each month with Project Team and at least once each week with the subcontractors, or more frequently as required by work progress, to review progress discuss problems and their solutions, and coordinate future work with all subcontractors.

The Contractor shall cause its subcontractors and suppliers to comply with the project schedule and applicable sub-schedules. The Contractor shall obtain and review schedules from subcontractors and suppliers, coordinate sub-schedules with the overall project schedule, and enforce compliance with all applicable schedules to ensure timely completion of the Project. If at any time the Project is delayed, then (i) the Owner will have all rights set forth herein, as well as all remedies at law or in equity, and (ii) the Contractor shall immediately notify the Owner of the probable cause(s) and possible alternatives and make recommendations to minimize expense and/or delay to the Owner.

2.2.4 Bonds

In accordance with the provisions of Section 255.05, Florida Statutes (F.S.), the Contractor shall provide to the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond (collectively, “Bonds”) each (i) issued by a Surety Company (“Surety Company”) acceptable to the Owner, and (ii) in an amount no less than the Contract Price.

To be acceptable to the Owner, the Contractor shall provide Bonds issued by a Surety Company that complies with the following provisions:

(1) The Surety Company shall have a currently valid Certificate of Authority issued by the State of Florida, Department of Financial Services, Office of Insurance Regulation, authorizing it to write surety bonds in the State of Florida.

(2) The Surety Company shall have a currently valid Certificate of Authority issued by the United States

Department of Treasury under Sections 9304 to 9308 of Title 31 of the United State Code.

(3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.

(4) The Surety Company shall have at least twice the minimum surplus and capital required by the

Florida Insurance Code at the time the invitation to bid is issued.

(5) If the Contract Price exceeds $500,000, the Surety Company shall also comply with following provision:

(A) The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide.

CONTRACT PRICE POLICY HOLDER’S

RATING

REQUIRED

FINANCIAL RATING

$500,000 TO $1,000,000 A- CLASS I

$1,000,000 TO $2,000,000 A- CLASS II

$2,000,000 TO $5,000,000 A- CLASS III

$5,000,000 TO $10,000,000 A- CLASS IV

$10,000,000 TO $25,000,000 A- CLASS V

$25,000,000 TO $50,000,000 A- CLASS VI

$50,000,000 TO $100,000,000 A- CLASS VII

(B) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policyholders, provided:

1. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section, provided that the reinsuring carrier is authorized to do such business by the State of Florida, Department of Financial Services, Office of Insurance Regulation.

2. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged, or held subject to the consent of the surety and for the protection of the surety, shall be deducted.

Further the Contractor shall submit the Bond to the Owner in the form set forth below and ensure that no deviations from this form are made:

PUBLIC CONSTRUCTION BOND

BY THIS BOND, We ______________, as Principal and ________________, a corporation, as Surety, are bound to the Florida Department of Agriculture and Consumer Services, herein called Owner, in the sum of $__________________, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the contract dated __________________, _______, between

Principal and Owner for construction of ___________________________________, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and

3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise, it remains in full force.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida

Statutes.

Any changes in the contract documents and compliance or noncompliance with any formalities under the contract connected with the changes does not affect Surety’s obligation under this bond.

DATED ON _________________, _________.

(Name of Principal)

BY (As Attorney in Fact)

(Name of Surety)

2.2.5 Quality Control

The Contractor shall develop and maintain a program, acceptable to the Owner, to assure quality control of the construction. The Contractor shall supervise the work of all subcontractors and provide instructions to each when their work does not conform to the requirements of this Agreement and the Contractor shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely manner so as not to affect the efficient progress of the work. The Contractor shall promptly reject any work: which is defective (whether by reason of defective materials, workmanship, or both); which does not conform to this Agreement (including the Construction Documents and Specifications); or which does not comply with any applicable law, statute, building code, rule, or regulation or any public authority or agency.

Should disagreement occur between the Contractor and Owner, the Owner shall be the final judge of acceptability. The acceptance of any work by the Owner will not preclude the subsequent rejection thereof if such work is found to be defective after installation.

2.2.6 Subcontractor Interfacing

The Contractor shall be the single point of interface with all subcontractors for the Owner and all of the Owner’s agents and representatives for the Project. The Contractor shall review the costs of all change orders and requests for proposals with all affected subcontractors and advise the Owner of their validity and reasonableness, acting in the Owner’s best interest prior to requesting written approval of each change order from the Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued. However, when health and safety are threatened, the Contractor shall act immediately and reasonably to remove the threat to health and safety. They shall also carefully review all shop drawings and then forward the same to the Owner for review and actions.