SOQ DOA 26 27 63 CM.pdf

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

STATEMENT OF QUALIFICATIONS

REQUEST FOR PROPSALS

SOQ DOA 25 26 63

TITLE: CONSTRUCTION MANAGEMENT SERVICES

CONNER COMPLEX NEW LABORATORY FACILITY

PROJECT NUMBER 1175

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

Tallahassee, FL 32399-0800 850-617-7181

ConstructionBids@FDACS.gov

DUE DATE AND TIME: November 9, 2026 @ 5:00 P.M. ET

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

SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS

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 (vendors / firms / contractors / respondents) to provide construction management (CM) at risk services (i.e., the Negotiated Fee-Guaranteed Maximum Price Construction Contracting Method, as defined in Rule 60D-5.002(11) Florida Administrative Code (F.A.C.) on the following project:

Project 1175: Conner Complex New Laboratory Facility

3125 Conner Boulevard, Tallahassee, Florida 32311

B. SCOPE OF PROJECT

In December of 2023, the Department completed a conceptual study for the relocation of existing laboratory staff and operations at the Tallahassee Conner Complex campus into a new proposed laboratory facility. The facility study report is available upon request. The new modernized laboratory of approximately 156,000 square feet will house five department scientific divisions of various disciplines for spatial, infrastructure, environmental, and operational efficiency. The facility will provide an optimal physical environment to support critical mission objectives and diverse program functions including: Agricultural Environmental Services, Consumer Services, Food Safety, Aquaculture, and Animal Industry. Space uses will include dedicated labs, BSL-2 and BSL-3 capable, offices, storage, shared utility services, and loading / receiving. In addition to the consolidation of campus laboratory operations, the Department contemplates the displacement and necessary relocation of multiple offices within the complex including administrative staff, warehouse distribution/receiving, and various maintenance operations as a requirement of the project.

The selected CM will work cooperatively with the design firm and project consultants procured by the Department for successful delivery of the project. Construction of the new laboratory facility and site development is subject to future legislative appropriation.

SECTION 2. SERVICES TO BE PROVIDED

A. DESIGN PHASE

The CM shall be paid a fixed fee for preconstruction services to include critical assessment of design and recommendation; value engineering; market/constructability analysis; preliminary schedules; cost estimates for each item or proposal package at progressive design milestones and upon completion of the 100% construction documents stage; and development of a guaranteed maximum price (GMP).

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Failure to negotiate a fixed fee for preconstruction services with the Department, may result in subsequent negotiations with the next most highly qualified firm. Failure to arrive at an acceptable GMP within the time provided in the agreement, may result in the termination of the construction manager's contract.

B. CONSTRUCTION PHASE

If a GMP is agreed on, the CM shall fully and satisfactorily manage the project to completion.

The CM is responsible to provide appropriate staff and oversight, bonding, quality controls, permitting, advertising and competitively bid trade contracts in accordance with Rule Chapter 60D-5, F.A.C.

The selected CM shall demonstrate that they can bring multiple qualified and competitive subcontractors to all related construction trades for successful project delivery. The CM must be capable of supplying workers that meet Florida Department of Law Enforcement criminal history Level 1 background checks.

SECTION 3. SPECIAL INSTRUCTIONS TO RESPONDENTS

A. CALENDAR OF EVENTS

The following timeline in the chart below 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 Calendar of Events.

All times are Eastern Time (ET).

EVENT DATE/TIME (ET) LOCATION

RELEASE OF SOQ OCTOBER 2, 2026 VENDOR INFORMATION PORTAL

HTTPS://VENDOR.MYFLORIDAMARKETPLACE.COM/

LAST DAY FOR WRITTEN

INQUIRIES TO BE RECEIVED

BY THE DEPARTMENT

OCTOBER 12, 2026

EMAIL: CONSTRUCTIONBIDS@FDACS.GOV

WRITTEN RESPONSES TO

WRITTEN INQUIRIES

(ANTICIPATED)

OCTOBER 15, 2026 VENDOR INFORMATION PORTAL

HTTPS://VENDOR.MYFLORIDAMARKETPLACE.COM/

SOQ

PROPOSALS DUE

NOVEMBER 9, 2026

5:00 PM

FLORIDA DEPARTMENT OF AGRICULTURE AND

CONSUMER SERVICES

407 S. CALHOUN STREET, SB-8

MAYO BUILDING

TALLAHASSEE, FLORIDA 32399-0800

PUBLIC OPENING

NOVEMBER 10, 2026

11:00 AM

TELECONFERENCE NUMBER: (877) 273-4202

CONFERENCE ROOM #: 585 608 901

PUBLICATION OF SHORT LIST

(ANTICIPATED) NOVEMBER 17, 2026 VENDOR INFORMATION PORTAL

HTTPS://VENDOR.MYFLORIDAMARKETPLACE.COM/

INTERVIEWS/PRESENTATIONS

WITH SELECTED FIRMS

(ANTICIPATED)

DECEMBER 1 – 3, 2026

CONNER ADMINISTRATION BUILDING

3125 CONNER BLVD.

TALLAHASSEE FL 32311

The Department shall utilize the MyFloridaMarketPlace Vendor Information Portal (VIP) as the centralized procurement website for electronic posting of Department solicitation information for this SOQ. The VIP can be found at: HTTPS://VENDOR.MYFLORIDAMARKETPLACE.COM/.

B. RESPONDENT INQUIRIES

The Procurement Officer, acting on behalf of the FDACS, is the sole point of contact of official

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https://vendor.myfloridamarketplace.com/ mailto:constructionbids@FDACS.gov https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ https://vendor.myfloridamarketplace.com/ meetings, questions, and all procurement related matters relating to this 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 Section 3. A., Calendar of Events. Oral inquiries, or those submitted after the period specified in the Calendar of Events, will not be acknowledged.

Responses to written questions will be posted on the VIP on or about the date referenced in the Calendar of Events.

The Procurement Officer for this SOQ is:

Michelle O. Faircloth, Chief of General Services Florida Department of Agriculture and Consumer Services Email: ConstructionBids@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 Respondents 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 respondents 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 firm 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.

SECTION 4. SOQ PROPOSAL PACKETS

A. NUMBER OF COPIES

Respondents 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

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mailto:ConstructionBids@FDACS.gov https://vendor.myfloridamarketplace.com/ https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com the potential service provider who is authorized to bind the service provider to the proposal.

Proposals shall be mailed to:

SOQ DOA 26 27 63

Procurement Office 407 S. Calhoun Street, SB-8 Mayo Building Tallahassee, FL 32399-0800

The SOQ number and title should be clearly visible on the outside of the proposal packaging.

B. PROPOSAL CONTENTS

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

1. A brief letter of interest detailing the firm’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 CM at risk delivery on 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 firm’s current contractor(s) license relevant to the services offered and in the name of the firm offering said services. Firms 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 firm’s selection is finalized.

7. Description of effective project management systems utilized to successfully complete relevant projects. This must include software, tools, or resources utilized to demonstrate experience with CM at risk delivery.

C. RESPONSIVENESS CRITERIA

Respondents 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 Respondent who is legally authorized to contract for the Vendor. The signed original of this form must be included in the SOQ proposal package.

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2. SCRUTINIZED COMPANIES AND PROHIBITED BUSINESS ACTIVITIES

Any person submitting a response to this SOQ MUST execute the enclosed

CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY MATTERS FOR EXPENDITURE OF FEDERAL FUNDS (ATTACHMENT

B) and enclose it with the response. 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.

3. APPENDIX I – EXPERIENCE QUESTIONNAIRE AND CONTRACTOR’S FINANCIAL

INFORMATION

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

Responses that are incomplete will be rejected as non-responsive and will not be evaluated by the Department. Failure to submit any of the listed requirements shall result in rejection of that response.

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

D. VENDOR CERTIFICATION FORM

A completed and signed Vendor Certification Form (ATTACHMENT C – FORM PUR 7801) should be included in the vendor’s response.

Certification and attestation forms marked as required in ATTACHMENT C – FORM PUR 7801, MUST be submitted to the FDACS Contract Manager within 10 business days of the effective date of the purchase order or contract. The Contractor shall submit the completed forms required in the Vendor Certification Form to the FDACS Contract Manager.

E. COST OF PREPARATION

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

F. Disclosure of Firm 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.

G. 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 Qualifications 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 sperate redacted “Redacted Copy” of its Qualifications response and briefly describe in writing the grounds for claiming exemption from the public records law, including the

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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. If the Respondent fails to submit a Redacted Copy, 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.

H. PUBLIC OPENING

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

DIAL – IN TELECONFERENCE NUMBER: (877) 273 - 4202

CONFERENCE ROOM NUMBER: 585 608 901

Individuals who are deaf, hard of hearing, deafblind, or speech disabled, please contact Florida Relay at 7-1-1 or visit https://ftri.org/florida-relay-711/ for assistance.

I. REJECTION OF SOQ PROPOSAL RESPONSE

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

J. LATE SOQ PROPOSAL

SOQ Proposals received by the Department after the due date 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, vendors 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, Florida Administrative Code (F.A.C).

shall evaluate statements of qualifications submitted by firms proposing to provide construction management services for this project. Determination of ability will be determined using the evaluation criteria set forth in the “Evaluation Summary Sheet – General Contractor/Construction Manager 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 APPENDIX I, 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.

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https://ftri.org/florida-relay-711/ 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 firm selected for interview will be notified by email transmission of the date and time of its interview. All interviews will be held in Tallahassee, Florida. 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 firm 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.

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4. The Department will negotiate with the firm 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 firm, the Department reserves the right to negotiate with the next highest-ranked firm. 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 firm until contractual negotiations are complete.

SECTION 6. SPECIAL CONDITIONS – CONTRACT DOCUMENTS

The construction, interpretation and performance of this 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, Respondent’s SOQ proposal, Respondent’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 CONSTRUCTION MANAGER (ATTACHMENT D).

SECTION 7. NOTIFICATIONS

A. POSTING OF SOQ RESPONSE RANKING

Firms 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), 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.

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 respondents 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.

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ATTACHMENT A

ACKNOWLEDGEMENT FORM

FLORIDA DEPARTMENT OF AGRICULTURE

AND CONSUMER SERVICES

REQUEST FOR

STATEMENT OF QUALIFICATIONS

Agency Release Date:

October 2, 2026

SUBMIT RESPONSE TO:

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

FDACS Number: SOQ DOA 26 27 63

SOQ Due:

November 09, 2026 @ 5:00 PM ET

FDACS PROJECT # 1175

Conner Complex New Laboratory Facility

Construction Management Services

** CONTRACTOR:

**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 Vendor to a contractual obligation. By submission of a signature on the response, the Vendor 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:

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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 or

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/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx

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 Petroleum Energy Sector List and

2. Does not have business operations in Cuba or Syria.

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

I understand that Section 287.135, Florida Statutes, prohibits Florida state agencies from contracting for goods or services over $1,000,000, with companies on either List or that are engaged in business operations in Cuba or Syria, and 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

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https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx https://www.sbafla.com/fsb/FundsWeManage/FRSPensionPlan/GlobalGovernanceMandates.aspx

FORM PUR 7801

(08/2024, Rule 60A-1.002, F.A.C.)

VENDOR CERTIFICATION

I hereby certify the following on behalf of the vendor identified below:

Customer Indicator (Required, N/A, Determined by Vendor)

Vendor Indicator Does the Vendor Certify?

Certification

Required

___ YES

Regardless of the dollar value of the goods or services provided, in accordance with the requirements of section 287.135(5), F.S., by checking “Yes,” the vendor certifies that it is not participating in a boycott of Israel and is not on the State Board of Administration’s “Quarterly List of Scrutinized Companies that Boycott Israel,” available at https://www.sbafla.com/governance/global-governance-mandates/.

Required

___ YES

If the goods or services to be provided are $1 million or more, in accordance with the requirements of section 287.135, F.S., by checking “Yes,” the vendor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (collectively, “Scrutinized List of Prohibited Companies”); does not have business operations in Cuba or Syria;

and is not on the State Board of Administration’s “Scrutinized List of Prohibited Companies” available under the quarterly reports section at https://www.sbafla.com/reporting/.

Required

___ YES

By checking “Yes,” the vendor certifies that it is not on the Suspended Vendor List; and the vendor and its suppliers, subcontractors, or consultants to be utilized under the contract are not on the Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists; and there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the vendor’s ability to satisfy the contract obligations.

The vendor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S., that identify the impacts to the vendor's ability or its affiliates’ ability to respond to the competitive solicitations of a public entity; to be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity; or to transact business with a public entity if it, or its affiliates, are placed on the Convicted Vendor, Discriminatory Vendor, or Antitrust Violator Vendor Lists of the Department of Management Services. The vendor is hereby further informed of the provisions of section 287.1351, F.S., that identify the impacts to the vendor’s ability to enter into or renew a contract with an agency, as defined in section 287.012, F.S., if it is placed on the Suspended Vendor List of the Department of Management Services.

N/A If the vendor is a common carrier, as defined in section 908.111, F.S., or a contracted carrier, it is not prohibited from entering into the contract pursuant to section 908.111, F.S., and by checking “Yes,” certifies that it will complete the Department of Management Services’ Form PUR 1808, “Common Carrier or Contracted Carrier Attestation Form.” By checking “N/A,” the vendor certifies it is not a common carrier as defined in section 908.111, F.S. Vendors may access the Department of Management Services Form PUR 1808 at http://www.flrules.org/Gateway/reference.asp?No=Ref-

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https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.sbafla.com%2Fgovernance%2Fglobal-governance-mandates%2F&data=05%7C02%7CBrittany.Dambly%40dms.fl.gov%7C0adec150d13b4cc7ab2d08dcc60e9f98%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638603013353010002%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=UT3gHJbzlUn95PDvOvb9ytmfLYPu%2Br6o%2FnBevfoq0MU%3D&reserved=0 https://www.sbafla.com/reporting/ http://www.flrules.org/Gateway/reference.asp?No=Ref-14614

14614.

Required

___ YES

By checking “Yes,” the vendor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S.; and has not, within the last year, had a contract terminated under section 448.095(5)(c), F.S., by a public employer, contractor, or subcontractor, as defined by section 448.095(1), F.S.

Required

___ YES

By checking “Yes,” the vendor certifies that it is in compliance with all applicable disclosure requirements set forth in section 286.101, F.S., and has not been deemed ineligible for a grant or contract funded by a state agency pursuant to section 286.101(7), F.S.

Required

___ YES

If the contract is between a nongovernmental entity and a governmental entity, in accordance with section 787.06, F.S., the vendor will complete an affidavit signed by an officer or a representative of the vendor under penalty of perjury attesting that the vendor does not use coercion for labor or services as defined in section 787.06, F.S.

An example Affidavit is available at https://forms.fdacs.gov/01364.pdf.

By signing below, I certify that I am authorized to complete and submit this Vendor Certification Form on behalf of the vendor.

Name

Signature Date

FEIN

Typed or Printed Name

Title

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http://www.flrules.org/Gateway/reference.asp?No=Ref-14614 https://forms.fdacs.gov/01364.pdf

CONSTRUCTION PROJECT AGREEMENT

BETWEEN OWNER AND CONSTRUCTION MANAGER

FDACS PROJECT NO: 1175

SOLICITATION NO: SOQ DOA 26 27 63

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

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

PROJECT NAME AND LOCATION: Conner Complex New Laboratory Facility 3125 Conner Boulevard Tallahassee, Florida 32311

CONSTRUCTION MANAGER: Name Mailing Address City, State Zip Code

ARCHITECT-ENGINEER: Name

Mailing Address City, State Zip Code

13 SOQ DOA 26 27 63

CONSTRUCTION PROJECT AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER

THIS CONSTRUCTION PROJECT AGREEMENT (Agreement) for construction management services and project construction services is made and entered into on _____________________________, by and between the Florida Department of Agriculture and Consumer Services, hereinafter called the Owner, and

Construction Manager Name Mailing Address City, State Zip Code

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

hereinafter called the Construction Manager or Contractor.

ARTICLE 1: THE PROJECT 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 Architect- 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 and the terms of this Agreement.

1.1 THE PROJECT TEAM

The Construction Manager, the Owner, and the Architect-Engineer, called the Project Team, shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The Architect-Engineer will provide leadership on technical matters relating to design and the Construction Manager shall be the single point of interface for all trade bidders, work trades, and subcontractors for the duration of the Project and shall provide leadership to the Project Team on all matters relating to construction with support from the Owner.

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

1.2 EXTENT OF AGREEMENT

This Agreement entered in between the Owner and the Construction Manager is for the completion of the PROJECT NUMBER AND NAME, 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: (1) 100% Construction Documents by the Architect-Engineer dated as of the date identified in the Guaranteed Maximum Price (GMP) Amendment (Construction Documents); (2) Specifications by the Architect- Engineer dated as of the date identified in the GMP Amendment (Specifications); (3) Florida Department of Agriculture and Consumer Services Statement of Qualifications (SOQ DOQ XX XX XX dated XXX XX, 202X (SOQ Solicitation); (4) Construction Manager’s response and bid submission for SOQ DOA XX XX XX (SOQ Submission);

(5) Construction Manager’s interview presentation materials (SOQ Interview); and (6) any recordings of the Construction Manager’s interviews, presentations, or meetings with the Owner (Recordings). Any reference herein to a document (including this Agreement) is to that document as duly modified or amended from time to time. No drawings, specifications, or other descriptive documents defining the Project work will have any force or effect unless the same is identified in the written Construction Authorization issued by the Project Manager or otherwise approved in writing by the Owner. At such time as the Construction Documents, Specifications, and any other descriptive documents defining the work to be included in the GMP are sufficiently complete, an amendment to the Agreement (the GMP Amendment) shall be signed by the Owner and Construction Manager, expressly setting forth

(a) the final GMP amount and (b) the Construction Documents, Specifications, and any other descriptive documents upon which the GMP is based. The GMP Amendment must 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: Construction Schedule Section Seven: Contract Documents – Drawing List and Specification List

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This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager, except that the Construction Documents and Specifications may be amended by the Architect-Engineer in accordance with Article 3.7 hereof. In the event of a conflict or inconsistency between any of the documents referenced in the 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;

(3) Specifications;

(4) SOQ Solicitation;

(5) SOQ Submission;

(6) SOQ Interview; and

(7) Recordings.

1.3 DEFINITIONS (which are not expressly defined elsewhere herein)

Architect-Engineer – The Architect-Engineer shall be the Owner’s designated representative for all design and technical matters, who will issue instructions to the Construction Manager and will assist in administering of this Agreement. The Architect-Engineer’s interpretations and decisions shall be final regarding the Construction Documents and Specifications, provided that any changes to the Construction Documents or Specifications are effectuated pursuant to Article 3.7 hereof or by Change Order in accordance with Article 10.1 hereof. If no Architect- Engineer is listed in Exhibit A to this Agreement, then the Owner will deal directly with the Construction Manager in administering this Agreement.

Construction Authorization – A written work order based on a defined scope of work, prepared and signed by the Project Manager and issued to the Construction Manager. A Construction Authorization must be issued in connection with the GMP Amendment, and all work performed pursuant to the Construction Authorization shall be included in the GMP.

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 determined and certified in writing by the Architect-Engineer and the Owner.

Guaranteed Maximum Price, GMP, Contract Price, or Total Contract Price – The maximum, not to exceed, fixed price to the Owner for the construction of the Project through Final Completion, as guaranteed by the Construction Manager. Any costs in excess of the GMP required to achieve Final Completion will be at the Construction Manager’s sole expense.

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

Permitting Authority – One or more public entities which have the authority to review and approve construction activities in the area in which the Project is located.

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 inspections necessary to fully complete the PROJECT NUMBER AND NAME 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 Construction Manager 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 (1) the Project, including mechanical, electrical, and equipment installations, can be occupied or used by the Owner for its intended purpose;

(2) any remaining work can be done without interfering with the Owner’s use; and (3) 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. Substantial Completion will be deemed to occur when the Owner executes the Certificate of

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Substantial Completion in the form of Exhibit D issued by the Architect-Engineer in accordance with Article 2.4.10(8) hereof.

1.4 CONTRACT PRICE

The Contract Price is outlined in Exhibit B, 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. The preconstruction phase fee will be established upon execution of this Agreement, as unamended. Upon completion of the preconstruction phase, this Agreement will be amended to establish the amount of the Contract Price as described in Article 7.

ARTICLE 2: CONSTRUCTION MANAGER’S SCOPE OF WORK

The 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 to Final Completion.

2.1 PROJECT MANAGEMENT INFORMATION SYSTEMS (PMIS)

2.1.1 General

(1) Commencing immediately after execution of this Agreement, the Construction Manager shall implement and utilize throughout the duration of this Agreement (including both the preconstruction and construction phases) all subsystems of the project management information system (PMIS) described herein.

(2) All reports, documents, and data to be provided to the Owner via the PMIS 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. The reports, documents, and data shall be prepared and furnished to the Owner and the Architect-Engineer monthly and shall accompany each payment request. The Construction Manager shall provide the reports, documents, and data to the Project Team via a PMIS consisting of a maintained construction industry database project management software program.

(3) If requested by the Project Manager, the Construction Manager shall conduct a comprehensive workshop in Tallahassee, FL for participants designated by the Project Manager 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 the PMIS; shall support, in-part, the function of organizing in concert with the Architect-Engineer for the design and construction of the Project; and shall establish, with the full concurrence of the Owner and Architect-Engineer, procedures for accomplishing the management control aspect of the Project.

(4) The PMIS must include the following major subsystems, as more particularly described hereinafter:

(A) Narrative Reporting, on a monthly basis;

(B) Schedule Control, on a monthly basis;

(C) Cost Control and Estimating;

(D) Project Accounting;

(E) Accounting and Payment; and

(F) Action Reports.

2.1.2 Narrative Reporting Subsystem

(1) The Construction Manager shall prepare written narrative reports as described hereunder.

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

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(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 the Permitting Authority.

(B) A monthly Cost Narrative describing the project construction cost 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 Construction Manager and 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)

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

(3) The reports outlined in Articles 2.1.2(2)(A) through 2.1.2(2)(E) above shall be submitted monthly during preconstruction and construction phases and shall be current through the end of the preceding month. Copies/scans shall be transmitted to the Owner, Architect-Engineer, and others designated by the Project Manager with the monthly pay requisition.

(4) A physical copy of the report outlined in Article 2.1.2(2)(F) above shall be maintained at the project site available to the Owner and Architect-Engineer. A copy/scan of the complete diary shall be submitted to the Owner at the conclusion of the Project.

2.1.3 Scheduled Control Subsystem

(1) Master Project Schedule – During the preconstruction phase, the Construction Manager, in consultation with the Project 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.

(2) Construction Schedule – Prior to the end of the preconstruction phase, the Construction Manager shall prepare and submit to the Architect-Engineer a construction schedule graphically depicting all activities and work required to complete the Project, showing the sequence which the Construction Manager proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity.

Following development and submittal of the construction schedule as aforesaid, the Construction Manager shall, at the end of each calendar month occurring thereafter until Final Completion, or at such earlier intervals as circumstances may require, update 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 contract with the planned progress of performance of such work, 17 SOQ DOA 26 27 63 as depicted on the original construction schedule and all updates thereto as reflected in the updated construction schedule last submitted prior to submittal of each such monthly update. The Construction Manager shall submit each such update to the construction schedule to the Owner and Architect-Engineer.

(3) Ancillary Schedules – The Construction Manager shall prepare and submit the following schedules to the Owner and Architect-Engineer:

(A) Pre-Bid Schedules – During the preconstruction phase, the Construction Manager shall prepare a construction schedule for work encompassed in each bid package. Each pre-bid schedule shall be sufficiently detailed as to be suitable for inclusion in the bid package as a framework for subcontract 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 project schedule.

(B) Subcontractor Construction Schedules – Upon the award of each subcontract, the Construction Manager shall develop a subcontractor construction schedule for each subcontract based on the pre-bid schedule. Each subcontractor construction schedule will be more detailed than the pre-bid schedule, taking into account the work schedule of other subcontractors. Each subcontractor 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. Each subcontractor construction schedule shall also show pertinent activities for material purchase orders, manpower supply, show drawing schedules, and material delivery schedules.

(C) Occupancy Schedule – The Construction Manager shall develop a detailed plan (inclusive of punch lists and the estimated cost to complete the items on the punch lists pursuant to Section 255.077, Florida Statutes (F.S.), 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.

2.1.4 Cost Control Subsystem

The Construction Manager shall include in the PMIS a cost control subsystem that provides timely data and detail sufficient to permit the Project Team to control and adjust the project requirements, needs, materials, equipment,…