GENERAL CONSTRUCTION CONTRACT PROCEDURES

THE SCHOOL BOARD OF LEON COUNTY GENERAL CONSTRUCTION CONTRACT PROCEDURES 1 2 FINANCES 6323/page 1 of 5 General 3 4 5 6 7 8 9 10 11 12 13 14 15 1...
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THE SCHOOL BOARD OF LEON COUNTY

GENERAL CONSTRUCTION CONTRACT PROCEDURES

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FINANCES 6323/page 1 of 5

General

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Any contract for the construction, remodeling, renovation, lease or lease-purchase of any educational plant or ancillary facility, or day labor project, regardless of cost or fund source, shall use contracts that comply with laws governing public facilities contract and construction requirements, SREF, F.S. Chapter 50, Chapter 1013, and 255.05, 255.20, 287.0935, 287.133, 489.113(4)(c), and 553.60 through 553.64. When submitting a contract for a construction project or for professional services for a construction project to the School Board for approval, the Superintendent and District staff shall be responsible for ensuring requiring that all applicable laws, policies and procedures have been followed and may consult as needed with the Board Attorney for advice on compliance. The Board Attorney shall review and approve the form of the contract. For purposes of this policy, reviewing the form of the contract covers items such as ensuring that the parties are properly identified by name, that the business terms (e.g., price, length of contract, payment schedule, description of project) are described with reasonable particularity, and that the legal terms and conditions (e.g., choice of law, indemnification, venue) are not contrary to Florida or Federal law, but does not include whether the District has used appropriate business, accounting, construction, architectural, engineering or other technical judgment in designing or procuring the project or recommending the contract.

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Bonds and Insurance

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A.

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B.

Bonds Bonds are required on projects costing $300,000 or more. For all contracts costing more than $500,000, the bond shall be provided by a surety company admitted to do business in the State of Florida and listed in the Federal Register of the U.S. Department of Treasury for Surety Companies Acceptable on Federal Bonds. When a bond is required on projects costing $500,000 or less, surety companies meeting the criteria of F.S. 287.0935, shall be accepted by the Board. The amount of the bonds shall equal the contract price except as provided in F.S. 255.05. Proof of Insurance Prior to recommending approval of a construction contract by the Board, the District shall verify that the contractor has a valid license, as required by F.S. Chapter 489, and, through a letter of insurability or certificate of insurance is maintaining the insurance

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THE SCHOOL BOARD OF FINANCES LEON COUNTY 6323/page 2 of 5 coverages and limits as required by law. The Board may deny contract approval on this basis, as permitted by F.S. 489.113(4)(c).

THE SCHOOL BOARD OF LEON COUNTY

FINANCES 6323/page 3 of 5

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Submission of Construction Contracts to the Board

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When the Superintendent recommends that the Board approve a contract for construction services or for professional services for a construction project, the following information shall be provided to the Board with the materials that accompany the associated agenda item:

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A.

A clear and concise explanation of the project and the contract including: the work to be done including the site, the proposed contractor, all material terms such as the total price, length and performance standards.

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B.

A ready to execute copy of the proposed contract with all exhibits and attachments.

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A statement specifying which construction method was selected and approved for the project. If the contract is for a CME arrangement, whether the contractor recommended was identified based on a formal selection process or an assignment.

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The total estimated price of the project, whether the project will be performed in phases, and if so, whether the contract being recommended for approval covers all phases of the proposed project.

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The construction projects completed at the site in the past three (3) years, the names of the contractors doing the work and the cost of the projects.

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F.

The proposed construction projects shown in the most recently approved Five Year Facilities Work Plan for the site and the estimated cost of each such project.

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The funding source for the project, and an affirmative statement that the work to be performed pursuant to the contract qualifies for payment from that funding source and the total estimated cost is within the budget set forth in the most recent capital outlay budget.

THE SCHOOL BOARD OF LEON COUNTY

FINANCES 6323/page 4 of 5

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H.

When the project was first identified in an Education Plant Survey, when the project was first included in the District’s Five Year Facilities Work Plan and any material changes in the scope of the project during the period from when it was first identified as a project to the date of the Superintendent’s recommendation to the Board for approval.

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I.

Whether the project was reviewed and approved by FDOE, and the dates thereof, and whether the project has been modified or changed since FDOE approval was received.

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An affirmative statement that the project being proposed for Board approval was not designed or engineered, or split from another project, to avoid applicable thresholds for competitive selection or Invitation to Bid.

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Any failure to submit the supporting material required by this policy may be grounds for the Board to decline to approve the contract, but if the contract is approved, shall not make the contract void or voidable.

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Payments to Contractor and Project Close-Out

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A.

All requests for payments of general condition costs by a CME shall be in sufficient detail and include supporting documentation sufficient to enable the District to ascertain that the general condition costs are reasonable, appropriate and in accordance with the contract approved by the Board.

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B.

When the Board has authorized the use of the CME construction delivery method and the Board has entered into a contract with a CME for a project, an employee of the District shall attend all subcontractor bid openings and monitor the work of the CME to ensure require that all subcontractor functions have been competitively bid in accordance with the CME contract and Board Policypolicy. The District shall also verify the licensure status of all subcontractors and document that it has verified licensure of subcontractors. The District shall promptly notify the CME in writing of any (i) observed potential bid or bid selection irregularities, (ii) instance in which the bidding process being used by the CME does not comply with the contract or Board policy, or (iii) instance in which a subcontractor is not properly licensed, and shall give the CME a reasonable time to cure.

THE SCHOOL BOARD OF LEON COUNTY

FINANCES 6323/page 5 of 5

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C.

When the Board has authorized the use of the CME construction delivery method and the Board has entered into a contract with a CME for a project, the District shall have procedures in place to evaluate (and demonstrate that it has evaluated) CME payment requests prior to approval by comparing line items on the schedule of values to documentation provided, verify mathematical accuracy of the request, verify prior payments were properly accumulated on payment requests and compare amounts requested for payment to corresponding cost lines on the schedule of values in the corresponding CME contracts to subcontractors’ invoices, bids, and contracts.

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D.

Before any amounts are approved for payment on any project, the District shall review the work being paid for by the proposed payment to ensure that the work qualifies for payment from the proposed funding source (i.e., PECO, Half-Penny, QZAB, QSZB, 1.5 mil, etc). The documentation for each approved payment shall affirmatively demonstrate that this review was completed and that the work being paid for qualifies for payment from the proposed funding source.

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Final payment shall not be made until a certificate of occupancy has been issued, the project has been completed, and the Board has accepted the project.

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F.

The provisions of this policy shall be implemented in the contract documents.

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Certificate of Final Inspection

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The District shall submit one copy of the Certificate of Final Inspection (OEF Form 209) to the FDOE for all projects greater than $300,000 after the project has been inspected for occupancy, signed by the architect or engineer of record, signed by the building official/inspector and approved by the Board.

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© LEON 2015