Common use of Bidding Phase Clause in Contracts

Bidding Phase. a. The Architect/Engineer shall be responsible for the development of bid advertisements for all addendums, bid clarifications, development of bid tabulations, attendance at bid opening, and for attendance at the School Board meeting of contract award. b. The Architect/Engineer shall prepare the bid documents for a base bid and alternate bids as may be necessary and/or appropriate. The base bid should constitute the original intent of the project and the project budget. Alternates are for those items which are not deemed absolutely necessary to the project at the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) of the design fees for all tasks completed through the Final Design stage. The Architect/Engineer will further receive five percent (5%) of their fees for bidding any component of the bid proposal be it base bid or alternates. Further, the Architect/Engineer will receive twenty-five percent (25%) of his/her fee for contract administration on all components of the bid awarded by the Owner. Should the Owner, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administration. If the Owner later rebids the same project, compensation will be based upon the amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual Responsibilities." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 10%, the Owner, may accept the proposal, or may require the Architect/Engineer to change the Documents, at the Architect/Engineer's expense, to reduce the cost to an amount within the budget plus 10%. It shall be understood that changes in scope or quality will be approved, in advance in writing, by the Owners. In the event it becomes necessary to reject all bids and change the Documents due to the design costing more than 10% of the final budgeted amount, the Architect/Engineer shall bear the cost of all prints necessitated by the change, including those for rebidding purposes.

Bidding Phase. a. 2.12.1 The Architect/Engineer shall be responsible for solicit and obtain written authorization from the development of bid advertisements for all addendums, bid clarifications, development of bid tabulations, attendance at bid opening, and for attendance at Trustees to proceed with the School Board meeting of contract award. b. The Architect/Engineer shall prepare the bid documents for a base bid and alternate bids as may be necessary and/or appropriate. The base bid should constitute the original intent of the project and the project budget. Alternates are for those items which are not deemed absolutely necessary to the project at the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) of the design fees for all tasks completed through the Final Design stage. The Architect/Engineer will further receive five percent (5%) of their fees for bidding any component of the bid proposal be it base bid or alternates. Further, the Architect/Engineer will receive twenty-five percent (25%) of his/her fee for contract administration on all components of the bid awarded by the Owner. Should the Owner, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administration. If the Owner later rebids the same project, compensation will be based upon the amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on work. Upon receipt of written authorization and using the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance fully plan checked construction document plans and covered under Article III "Mutual Responsibilities." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 10%, the Owner, may accept the proposal, or may require the Architect/Engineer to change the Documents, at the Architect/Engineer's expense, to reduce the cost to an amount within the budget plus 10%. It shall be understood that changes in scope or quality will be approved, in advance in writing, by the Owners. In the event it becomes necessary to reject all bids and change the Documents due to the design costing more than 10% of the final budgeted amountspecifications, the Architect/Engineer shall bear assemble the cost Contract Documents. The bid phase is considered complete upon award of all prints necessitated the Construction Contract, or notice by the changeTrustees that the project is being suspended or abandoned. 2.12.2 The Architect/Engineer shall consult with and provide to the Trustees a written opinion of an appropriate construction duration period for the project. 2.12.3 If requested by the Trustees, including those the Architect/Engineer shall reproduce the Construction Document bid set in the number requested by the Trustees. Expense incurred by Architect/Engineer for rebidding purposesprinting as requested under this section is reimbursable. (See Section 4.3.e, Reprographics for Bidding.) 2.12.4 During the bidding phase, the Architect/Engineer shall interpret the Bid Construction Documents, respond to RFI’s, prepare addenda and clarification documents, and provide evaluations of proposed alternates-equals. 2.12.5 During this phase the Architect/Engineer shall not amend the Contract Documents or issue orders to the Contractor that might commit the Trustees to extra expense, without first obtaining written approval by the Trustees. 2.12.6 If the lowest responsible bid, as determined by the Trustees, for the construction of the project exceeds the Architect/Engineer’s Design-to Budget by less than ten percent (<10%), the Trustees may, at their discretion: [1] Accept the over-budget bid (no additional fees will be due to the Architect/Engineer from such an increase made at this time); [2] Authorize re-bidding the project within a reasonable time; [3] Direct the Architect/Engineer as an Extra Service to revise the Construction Documents. 2.12.7 If the lowest responsible bid, as determined by the Trustees, for the construction of the project exceeds the Architect/Engineer Design-to Budget by ten percent (≥10%) or greater, the Trustees may, at their discretion: [1] Accept the over-budget bid (no additional fees will be due to the Architect/Engineer from such an increase made at this time); [2] Authorize re-bidding the project within a reasonable time; [3] Direct the Architect/Engineer to revise the Construction Documents without additional charge as necessary to bring a revised Estimated Project Construction Cost back within the Adjusted Project Construction Budget. If the Trustees direct the Architect/Engineer to revise the Construction Documents [3], the Architect/Engineer, shall without additional charge, while maintaining the project program and scope identified by the Trustees, modify the drawings and specifications as necessary to bring the revised Estimated Project Construction Cost/Construction Document Phase within the Architect/Engineer’s Design-To Budget. Upon approval of the revised documents by the Trustees, the Architect/Engineer shall assist in a second bidding process as for the first bidding.

Bidding Phase. a. The Architect/Engineer shall be responsible for After the development of bid advertisements for all addendums, bid clarifications, development of bid tabulations, attendance at bid opening, and for attendance at the School Board meeting of contract award. b. The Architect/Engineer shall prepare Designer has distributed the bid documents meeting all legal requirements the Designer shall: 17.5.1 Receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Department shall review and approve all such addenda prior to issuance to bidders. 17.5.2 When sub-bids are required: 17.5.2.1 Sub-bid openings are conducted electronically through e-bidding vendors. 17.5.2.2 The Department reviews sub-bids for a base completeness and accuracy. 17.5.2.3 Check references of sub-bidders only if requested by the Authority and make written recommendations as to their qualifications. 17.5.2.4 The e-bidding vendors prepare and distribute the filed sub-bid tabulation to all prospective bidders. The tabulation shall be reviewed and alternate approved by the Department prior to its issuance to bidders. 17.5.3 The general bid opening is conducted electronically through e-bidding vendors. 17.5.4 The Department reviews the general bids as for completeness and accuracy. 17.5.5 The Department and the Authority review alternates and their acceptance. Recommendations may be necessary and/or appropriate. The base bid should constitute requested by the original intent Department and the Authority. 17.5.6 Check references of the project lowest eligible and responsible general bidders and make written recommendations as to their skill and ability to perform the specified work. If that bidder is rejected, check references of the next eligible bidder. 17.5.7 If the Project has to be re-bid because of a defect in the bid documents or procedures, the Designer shall correct the defect and take the necessary actions for re-bidding the Project on proper bid documents without any additional compensation to the Designer. 17.5.8 If the bid of the lowest eligible and responsible bidder exceeds the Construction Budget, the Designer shall, if instructed in writing by the Authority and the project budgetDepartment, revise the scope or quality of the Project for the purposes of bringing the cost within said Budget. Alternates are for those items which are not deemed absolutely necessary All revisions made to the project at Project under this subparagraph shall be subject to the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) approval of the design fees Authority and the Department. If the Project is revised and re-bid pursuant to this paragraph, the Designer shall not be entitled to additional compensation for all tasks completed through its costs in making revisions or taking the Final Design stage. The Architect/Engineer will further receive five percent (5%) necessary actions for re-bidding the Project. 17.5.9 If, due to no fault of their fees the Designer, the advertisement for bidding any component bids does not appear in the Central Register within 90 calendar days after the approval of the bid proposal be it base bid or alternates. Furtherdocuments, the Architect/Engineer will receive twenty-five percent (25%) of his/her fee Department shall adjust the Construction Budget to reflect any changes in construction costs due to such bidding delay. Such action shall not affect the Fee for contract administration on all components of the bid awarded by the Owner. Should the Owner, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administration. Basic Services. 17.5.10 If the Owner later rebids the same project, compensation will be based upon the Authority awards a construction contract for an amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual Responsibilities." c. If the lowest bona fide Base bid taken that exceeds the final budgeted amount by more than 10%established Project Construction Budget set out on page one, such an award will not affect the Owner, may accept the proposal, or may require the Architect/Engineer to change the Documents, at the Architect/Engineer's expense, to reduce the cost to an amount within the budget plus 10%. It shall be understood that changes in scope or quality will be approved, in advance in writing, by the Owners. In the event it becomes necessary to reject all bids and change the Documents due to the design costing more than 10% of the final budgeted amount, the Architect/Engineer shall bear the cost of all prints necessitated by the change, including those Fee for rebidding purposesBasic Services.

Bidding Phase. a. 7.8.1 The Architect/Engineer Designer shall, when authorized by the Owner, prepare for reproduction and distribution the construction bid documents required for the solicitation and receipt of statements of qualifications and bids from Trade Contractors. The Designer shall prepare all addenda (to include bidder questions and Designer responses), subject to the Approval of the Owner. The Designer shall attend the pre-bid conference if one is scheduled, taking note of all questions asked. Relevant questions submitted in writing shall be responsible for answered by the development Designer by means of bid advertisements for all addendums, bid clarifications, development of bid tabulations, attendance at bid opening, and for attendance at the School Board meeting of contract award. b. The Architect/Engineer shall prepare written addenda to the bid documents for a base as required. The Designer shall attend each bid opening of the Trade Contractors (and alternate of other bidders if necessary) and shall, within five working days of the respective bid opening dates, advise the Owner in writing of the Designer’s opinions as to the bids as of Trade Contractors (and of other bidders if necessary). 7.8.2 The Designer shall receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Owner shall review and approve all such addenda prior to issuance to bidders. 7.8.3 There may be necessary and/or appropriatemultiple bid packages for the Project. Multiple bid packages may be assembled and bid concurrently or consecutively as a portion of the Project. Portions of the Project may be bid separately from other portions. The base Designer shall appropriately staff and structure its design and construction phase performance to assist the Owner in the preparation, issuance, bidding and negotiation, if any, of so- called early bid should constitute packages as provided in X.X. x. 149A, § 7(b)(3). 7.8.4 If the original intent Project has to be re-bid, or the GMP Amendment must be re-negotiated and amended because of a defect in the project bid documents prepared by the Designer or in procedures proposed by the Designer, the Designer shall correct the defect and take the project budget. Alternates are necessary actions for those items which are not deemed absolutely necessary re-bidding the Project on proper bid documents without any additional compensation to the project at the time of award. Designer. 7.8.5 The Architect/Engineer will be reimbursed through seventy percent (70%) of the design fees for all tasks completed through the Final Design stage. The Architect/Engineer will further receive five percent (5%) of their fees for bidding any component of the bid proposal be it base bid or alternates. Further, the Architect/Engineer will receive twenty-five percent (25%) of his/her fee for contract administration on all components of the bid awarded by the Owner. Should the Owner, for whatever reason, not award a base bid and/or Designer shall review alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal make written recommendations to the phase completed; be it design, bidding or construction administration. Owner as to their acceptance. 7.8.6 If the Owner later rebids the same project, compensation will be based upon executes a GMP Amendment for an amount that exceeds the amount awarded regardless established in the Project Construction Budget, such an award will not affect the Fee for Basic Services. 7.8.7 Trade Contractor Selection Process (a) Trade Contractor Prequalification pursuant to M.G.L. c. 149A, §8(c) 1. The Designer shall participate as a member of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual Responsibilities." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 10%, the Owner, may accept the proposal, or may require the Architect/Engineer to change the Documents, at the Architect/Engineer's expense, to reduce the cost to an amount within the budget plus 10%. It shall be understood that changes in scope or quality will be approved, in advance in writing, ’s Trade Contractor Prequalification Committee established by the OwnersOwner pursuant to M.G.L. c.149A, § 8(b). 2. In The Designer shall review the event it becomes necessary information provided by the CM at Risk describing the work to reject all bids be required of each Trade Contractor and change shall assist the Documents due to Owner in the design costing more than 10% preparation of the final budgeted amountRequest for Qualifications for Trade Contractors to be used to solicit responses from eligible Trade Contractors and to prequalify Trade Contractors for participation in the Project. (b) Request for Bids for Trade Contractor Services pursuant to M.G.L. c. 149A, §8(g) 1. The Designer shall assist and advise the Architect/Engineer Owner in the preparation of the Invitation for Bids for Trade Contractor services in accordance with the provisions of M.G.L. c. 149A, §8. 2. The Designer shall bear the cost of attend all prints necessitated by the change, including those for rebidding purposespre-bid conferences and meetings.

Bidding Phase. a. The Bidding: After written authorization to proceed with the Bidding Phase, Architect/-Engineer shall be responsible shall: Attend Pre-Bid Conferences and Site Visits. Assist District in advertising for and obtaining bids for each separate prime contract for construction, materials, equipment and evaluating bids; Consult with and advise District as to the development acceptability of bid advertisements subcontractors, suppliers and other persons and organizations proposed by the bidders for all addendums, bid clarifications, development those portions of bid tabulations, attendance at bid openingthe work as to which such acceptability is required by the bidding documents. Consult with District concerning, and for attendance at determine the School Board meeting acceptability of, substitute materials and equipment proposed by bidders. Issue written addenda as appropriate to interpret, clarify or expand the bidding documents, including allowable substitutions of contract award. b. The Architect/Engineer shall prepare materials and equipment. Where appropriate, obtain DSA approval. Attend the bid documents opening and assist District in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services. Prepare a base conformed set of Drawings and Specifications, reflecting the changes made and approved by the District during the Bidding Phase. Assist the District in obtaining and reviewing vendor quotations for FF&E. Where Bids Exceed Budget: If the lowest responsible, responsive bid received from a contractor exceeds the latest approved Estimated Construction Costs, District may, at its discretion: Award the contract to the lowest responsible, responsive bidder, and alternate bids as may be necessary and/or appropriate. The base bid should constitute the original intent give written approval of the project and the project an increase in District’s budget. Alternates are for those items which are not deemed absolutely necessary to Reject all bids and rebid the project at the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) of the design fees for all tasks completed through the Final Design stage. The Architect/Engineer will further receive five percent (5%) of their fees for bidding any component of the bid proposal be it base bid or alternates. Further, the Architect/Engineer will receive twenty-five percent (25%) of his/her fee for contract administration on all components of the bid awarded by the Owner. Should the Owner, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administrationcontract. If the Owner later rebids the same project, compensation will be based upon the bid amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual Responsibilities." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 10%, the Owner, may accept the proposal, or may require the Architect/Engineer to change the Documents, at the Architect/Engineer's expense, to reduce the cost to an amount within the budget plus 10%. It shall be understood that changes in scope or quality will be approved, in advance in writing, by the Owners. In the event it becomes necessary to reject all bids and change the Documents due to the design costing more than 10% of the final budgeted amount, greater than the Architect/-Engineer’s latest accepted Estimated Construction Cost rendered during the Construction Documents Phase, District may require Architect-Engineer to revise the scope of work to be performed by the Contractor or its quality, or both, so as to reduce the Project Construction Cost for the work to be performed by the Contractor, while still meeting District’s program objectives. Architect-Engineer shall bear at its expense, if so directed by District, modify the cost of all prints necessitated Construction Documents in order to reduce the Project Construction Costs for the work to be performed by the change, including those Contractor within the Project budget for rebidding purposesthat Contractor’s work. Abandon the Project and terminate this Agreement.

Bidding Phase. a. The Architect/Engineer shall be responsible for the development of bid advertisements advertisements, for all addendums, for bid clarifications, development of bid tabulations, for attendance at bid opening, and for attendance at the School Board meeting of contract award. b. The Architect/Engineer shall prepare the bid documents for a base bid and alternate bids as may be necessary and/or appropriate. The base bid should constitute the original intent of the project and the project budget. Alternates are for those items which are not deemed absolutely necessary to the project at the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) of the design fees for all tasks completed through the Final Design stage. The Architect/Engineer will further receive five percent (5%) of their fees for bidding any component of the bid proposal be it base bid or alternates. Further, the Architect/Engineer will receive twenty-five percent (25%) of his/her his fee for contract administration on all components of the bid awarded by the OwnerSchool Board of Clay County, Florida. Should the OwnerSchool Board of Clay County, Florida, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administration. If the Owner School Board of Clay County, Florida later rebids the same project, compensation will be based upon the amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual ResponsibilitiesAdditional Services." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 10%, the OwnerSchool Board of Clay County, Florida, may accept the proposal, or may require the Architect/Engineer to change the Documents, at the Architect/Engineer's expense, to reduce the cost to an amount within the budget plus 10%. It shall be understood that changes in scope or quality will be approved, in advance in writing, by the OwnersSchool Board of Clay County, Florida or their designee. In the event it becomes necessary to reject all bids and change the Documents due to the design costing more than 10% of the final budgeted amount, then in that event the Architect/Engineer shall bear the cost of all prints necessitated by the change, including those for rebidding purposes.

Bidding Phase. a. 2.5.1. The Architect shall proceed with the Bidding Phase only upon receipt of written authorization from the Owner, which authorization shall be issued and transmitted timely following receipt of materials documenting completion of the previous phase. Should authorization to proceed with the next phase be delayed beyond the time allowed for approval in the approved schedule, through no fault of the Architect, an extension of the Architect’s proposed schedule may be approved and allowed. 2.5.2. The Architect/Engineer shall be responsible , following the Owner’s approval of the Construction Documents and of the latest preliminary estimate of Construction Cost for the development of bid advertisements for all addendumsProject, bid clarificationsshall have Bidding Documents, development of bid tabulationsincluding Addenda, attendance at bid openingreproduced (as reimbursable expense,), numbered by sets, and distributed to bidders. Where a CMR is utilized for attendance at a Project, the School Board meeting Architect will work with the CMR to determine the packaging and preparation of contract awardbidding documents for subcontractor bids. b. The Architect/Engineer shall prepare the bid documents for a base bid and alternate bids as may be necessary and/or appropriate2.5.3. The base bid should constitute Architect shall, if required to further explain and/or clarify the original intent of the Bidding and Construction Documents, prepare and issue Addenda to bidders or to the Construction Manager, as applicable, on media and in a format acceptable to the Owner, timely, during the bidding period. Addenda that modify the intent of the Construction Documents shall be submitted for review/approval to the Owner prior to issuance. 2.5.4. The Architect shall secure no less than three (3) competitive lump sum bids for the Project. The Architect shall assist in reviewing all bids and present a recommendation to the Owner for the Owner’s approval. Should the Architect recommend a bidder not the lowest bona bidder; the Architect shall provide an explanation of its decision. This Paragraph 2.5.4 shall not apply to any Project where a Construction Manager at Risk is utilized. 2.5.5. If the Owner is utilizing a CMR project delivery system, Architect shall assure that the designated CMR is observing all subcontractor bidding requirements for the Project and is complying with all requirements of the Owner's Economic Inclusion Program and the project budgetCMR's Economic Inclusion Plan. Alternates are for those items which are not deemed absolutely necessary Architect will assist Owner and PM in evaluating the CMR's guaranteed maximum price (GMP) proposal. 2.5.6. If the lowest bona fide bid (base bid, excluding additive alternates) received or if the CMR's GMP exceeds the agreed Construction Project Budget, as defined in Article 10, the Owner may, at its discretion: (1) accept the bid and award the contract in an amount that exceeds the fixed limit of Construction Project Budget or accept the GMP; or (2) authorize re-bidding of a Project within a reasonable time without any increase in the Architect's fee; or (3) require the Architect to revise the project at the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) scope of the design fees for all tasks completed through Project or its quality, or both, if the Final Design stage. The Architect/Engineer will further receive lowest bona fide bid or the GMP proposal exceeds the total of the Project Construction Budget by greater than five percent (5%) of their fees for bidding any component of ), so as to reduce the bid proposal be it base bid or alternates. FurtherConstruction Project Budget, in which case, the Architect/Engineer will receive twenty-five percent (25%) Architect shall without adjustment of his/her fee for contract administration on all components of the bid awarded fee, if so directed by the Owner. Should , modify the Owner, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administration. If the Owner later rebids the same project, compensation will be based upon the amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual Responsibilities." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 10%, the Owner, may accept the proposal, or may require the Architect/Engineer to change the Construction Documents, at the Architect/Engineer's expense, to reduce the cost so as to an amount bring it within the budget plus 10%. It shall be understood that changes in scope total Project Construction Budget; or quality will be approved, in advance in writing, by (4) abandon the Owners. In the event it becomes necessary to reject all bids and change the Documents due to the design costing more than 10% of the final budgeted amount, the Architect/Engineer shall bear the cost of all prints necessitated by the change, including those for rebidding purposesProject.

Bidding Phase. a. The Architect/Engineer shall be responsible for the development of bid advertisements advertisements, for all addendums, for bid clarifications, development of bid tabulations, for attendance at bid opening, and for attendance at the School Board District meeting of contract award. b. The Architect/Engineer shall prepare the bid documents for a base bid and alternate bids as may be necessary and/or appropriate. The base bid should constitute the original intent of the project and the project budget. Alternates are for those items which are not deemed absolutely necessary to the project at the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) of the design fees for all tasks completed through the Final Design stage. The Architect/Engineer will further receive five percent (5%) of their fees for bidding any component of the bid proposal be it base bid or alternates. Further, the Architect/Engineer will receive twenty-five percent (25%) of his/her his fee for contract administration on all components of the bid awarded by the OwnerSchool District of Clay County, Florida. Should the OwnerSchool District of Clay County, Florida, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administration. If the Owner School District of Clay County, Florida later rebids the same project, compensation will be based upon the amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual ResponsibilitiesAdditional Services." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 10%, the OwnerSchool District of Clay County, Florida, may accept the proposal, or may require the Architect/Engineer to change the Documents, at the Architect/Engineer's expense, to reduce the cost to an amount within the budget plus 10%. It shall be understood that changes in scope or quality will be approved, in advance in writing, by the OwnersSchool District of Clay County, Florida or their designee. In the event it becomes necessary to reject all bids and change the Documents due to the design costing more than 10% of the final budgeted amount, then in that event the Architect/Engineer shall bear the cost of all prints necessitated by the change, including those for rebidding purposes.

Bidding Phase. a. The Architect/Engineer shall be responsible for Add 5.1.1 In conjunction with the development of bid advertisements the Guaranteed Maximum Price and at other times as appropriate to the Project, the Consultant shall assist the Owner and Construction Manager with activities of subcontract/trade work bidding by reviewing the Construction Manager’s RFQ to prequalify subcontractors and selection of qualified subcontractors. Construction Manager’s Bid and Request for all addendumsProposal (“RFP”) Documents and receiving and resolving questions about Bid and RFP Documents; preparing addenda, bid clarifications, development of bid tabulations, attendance at bid openingissuing addenda, and accounting for attendance addenda issued; attending pre-bid and pre-proposal conferences; obtaining and evaluating bids and proposals. Consultant shall answer inquiries from bidders and proposers at Owner’s request, and shall prepare and issue any necessary addenda to the School Board meeting of contract awardbidding or proposal documents. b. Add 5.1.2 The ArchitectConsultant shall assist the Owner and Construction Manager in review of the prequalification and award of subcontractor/Engineer trade work bids including prequalification and bids for multiple Bid Packages for the Project. Multiple Bid Packages may be assembled and bid concurrently as a portion of the Project. Portions of the Project will be bid separately from other portions. During bidding of each Bid Package, Consultant shall prepare assist in document clarification and in the preparation of Addenda as required for issuance. The Consultant shall attend all scheduled pre-bid documents conferences and jobsite visits. Add 5.1.3 If the lowest responsive bid for a base bid and alternate bids as may be necessary and/or appropriate. The base bid should constitute Bid Package exceeds the original intent of Construction Budget for the project and the project budget. Alternates are for those items which are not deemed absolutely necessary to the project at the time of award. The Architect/Engineer will be reimbursed through seventy percent (70%) of the design fees for all tasks completed through the Final Design stage. The Architect/Engineer will further receive five percent (5%) of their fees for bidding any component of the bid proposal be it base bid or alternates. Further, the Architect/Engineer will receive twenty-five percent (25%) of his/her fee for contract administration on all components of the bid awarded by the Owner. Should the Owner, for whatever reason, not award a base bid and/or alternates and the base bid did not exceed the final budgeted amount Bid Package by more than ten percent (10%), the Architect/Engineer will receive compensation based upon the amount known at the time of bid opening. This compensation will be equal to the phase completed; be it design, bidding or construction administration. If the Owner later rebids the same project, compensation will be based upon the amount awarded regardless of the previous bids known values except the first bidding phase will be maintained on the original bid amount. If, during the time from the original bid to the rebid, additional permitting is required due entirely to the time span. Costs for additional permitting shall be agreed to in advance and covered under Article III "Mutual Responsibilities." c. If the lowest bona fide Base bid taken exceeds the final budgeted amount by more than 105%, the Owner, may accept the proposal, or may require the Architect/Engineer to change the DocumentsOwner may, at its discretion, (1) authorize rebidding of the Architect/EngineerBid Package within a reasonable period of time; or (2) require Consultant, at Consultant's expense, to modify the design and the corresponding Construction Documents or Design Package(s) for Bid Package, in order to reduce the cost Estimated Construction Cost for the Bid Package to a level that falls within the Budgeted Cost of Construction for the Bid Package; or (3) award the Bid Package; reduce the Construction Budget for Bid Packages to be bid at a later time by an amount within commensurate with the budget plus 10%. It shall be understood that changes in scope or quality will be approvedamount by which the lowest responsive bid exceeds the Budgeted Cost of Construction for the Work of the Bid Package; and require Consultant, in advance in writingat Consultant's expense, by the Owners. In the event it becomes necessary to reject all bids and change the Documents due to modify the design costing more than 10% and corresponding Construction Documents to be included in Bid Packages to be bid later in time so that the Estimated Construction Cost for such Bid Packages is consistent with the reduced Budgeted Cost of Construction. Modifications proposed by Consultant shall require Owner approval prior to incorporation into the final budgeted amount, the Architect/Engineer shall bear the cost of all prints necessitated by the change, including those for rebidding purposesrevised documents.