Common use of MARKET ANALYSIS AND SOLICITATION OF BIDS Clause in Contracts

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section is to insure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreement, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 The Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreementthis Contract, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 The Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 37.2.1. Except as hereafter provided in Subsection Paragraph 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure ensure that Construction Contractor CONTRACTOR makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, Owner shall times OWNER must have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall CONTRACTOR must notify Owner OWNER of the date, time and place of all bid openings and Owner shall OWNER must have the right to attend any and all such bid openings. All Unless otherwise approved by OWNER in writing, all bid openings shall must be conducted in Orange Marion County, Florida. Finally, Construction Contractor shall CONTRACTOR must develop in writing written subcontract bidding procedures for Owner’s OWNER’S review and approvalapproval prior to commencement of subcontractor bidding process. Once those procedures have been approved by OwnerOWNER, Construction Contractor shall CONTRACTOR must not deviate from such procedures without obtaining Owner’s OWNER’S prior written consent. 37.1.1 Construction Contractor shall CONTRACTOR must monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall CONTRACTOR must make an analysis as necessary to to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the this Agreement, Construction Contractor shall CONTRACTOR must submit a written “Construction Market Analysis and Prospective Bidders Bidder Report” setting out recommendations and providing information as to prospective rospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall CONTRACTOR must submit to Owner OWNER and Design Professional DESIGN PROFESSIONAL a list of potential bidders for their review and approval. Construction Contractor shall CONTRACTOR must be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall CONTRACTOR must carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. CONTRACTOR must also make a reasonable effort to stimulate the interest of qualified minority subcontractors and subcontractors whose corporate office is in Marion County, Florida, and must provide evidence of these efforts. 37.2 Construction Contractor shall CONTRACTOR must prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall must be submitted to Design Professional OWNER and Owner DESIGN PROFESSIONAL for their review and OWNER’S approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection 37.5Paragraph 38.5, all subcontracts are to be awarded to the lowest qualified, responsive and responsible bidder. 37.2.2 Subcontracts For subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall CONTRACTOR must obtain a minimum of at least two (2) verbal or written bids on all such subcontractsbids. All such bids received by Construction Contractor shall CONTRACTOR must be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall must be sent to Owner OWNER and Design Professional DESIGN PROFESSIONAL for their review and comments prior to Construction Contractor CONTRACTOR awarding the subcontract. 37.2.3 Subcontracts For any subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) , CONTRACTOR must be publicly advertised for obtain at least two three (23) consecutive weeks prior to the established bid opening time bids from bidders, pre-qualified by CONTRACTOR and dateapproved by OWNER. All such bids must be in writing and shall must be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall CONTRACTOR must be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall must be sent to Owner OWNER and Design Professional DESIGN PROFESSIONAL for their review review, comment and comment approval prior to Construction Contractor CONTRACTOR awarding the subcontract. Prior to the submission of the GMP to the OWNER, the CONTRACTOR must inform all subcontractors that submitted a bid as to the bid results. If requested by any unsuccessful bidders and upon submission of the GMP to the OWNER, the CONTRACTOR must inform the requesting bidder as to the bid results of the bidder’s trade. 37.2.4 For any subcontracts exceeding $25,000.00, the CONTRACTOR must pre-qualify all prospective bidders. When considering whether or not a bidder must be deemed pre-qualified, the CONTRACTOR must minimally consider and evaluate such factors as: bidder’s experience level with regard to the scope of work, skill level of the proposed crews, financial stability of the company, history of the company’s safety record and OSHA violations, and references from the bidder’s clients past and present. The CONTRACTOR must only pre-qualify and ultimately contract with bidders who are legally licensed within their trade and insured to do business within their trade in the state of Florida. 37.3 As part of its bid preparation, Construction Contractor shall CONTRACTOR must review the specifications and drawings prepared by Design ProfessionalDESIGN PROFESSIONAL. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall CONTRACTOR must be brought to the attention of Owner OWNER and Design Professional DESIGN PROFESSIONAL in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00)25,000, Construction Contractor shallCONTRACTOR must, unless waived in writing by OwnerOWNER, conduct a pre-bid conference with prospective bidders and a pre-award conference with the each apparent successful bidder. Design Professional DESIGN PROFESSIONAL and Owner shall OWNER must be invited to all such meetings. The CONTRACTOR must keep meeting minutes of all such conferences and meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall CONTRACTOR must transmit these to Design Professional DESIGN PROFESSIONAL in writing and upon receiving clarification or correction in writing from Owner OWNER or Design Professional shall DESIGN PROFESSIONAL must issue an addendum to the bidding documents to all of the prospective bidders. 37.4.1 Regarding pre-award conferences, the CONTRACTOR must review the scope of work in detail, with each apparent low bidder and must attempt to achieve additional savings through negotiation whenever possible. The CONTRACTOR must document any such negotiations, changes to the scope being provided, and any changes to the bid price. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest qualified, responsive and responsible bidder, Construction Contractor CONTRACTOR may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor CONTRACTOR has first received Owner’s OWNER’S express written consent to such award. Owner’s OWNER’S consent to any such award will be at Owner’s OWNER’S sole discretion. Whenever Construction Contractor CONTRACTOR wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor CONTRACTOR must notify Owner OWNER in writing, setting out in detail the reasons and justifications for the suggested award. 37.6 At the conclusion of the pre-construction and bidding phase, the CONTRACTOR must prepare and deliver to the OWNER, a three-ring binder which must be tabbed by the various trades that were bid, regardless of subcontract value, and must include copies of pre-bid meeting minutes, each bid tabulation sheet, copies of each bid received and any other bid related documents, copies of the pre-award conference meeting minutes, and copies of each executed subcontract. This binder must be labeled along the cover and spine and must include the name of the project and location, the name of the CONTRACTOR, and must include the heading “Subcontractor Bidding Process”. The provisions of this section must be met no longer than 30 days from receipt of the Notice to Proceed with Work from the OWNER.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section is to insure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreement, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section is to insure ensure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreement, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreementthis Contract, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection Paragraph 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) 25,000.00 may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) 25,000.00 must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00)25,000, Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-pre- award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreement, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection Paragraph 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five five Thousand and No/100 No/100ths Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 No/100ths Dollars ($25,000.00) must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 No/100ths Dollars ($25,000.00), Construction Contractor shall, unless waived in writing by Owner, conduct a pre-pre- bid conference with prospective bidders and a pre-award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor shall notify schedule through Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All sealed bids shall be delivered to Polk County Public Schools, Construction Services, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxx, Xxxxxxx, 00000. All bid openings shall be conducted at the Polk County School Board office in Orange CountyBartow, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreement, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.1.4 Construction Contractor shall provide final list of prequalified bidders to Owner and Design professional prior to the date and time bids are due. If a bid is received from a bidder not contained on the final prequalified bidders list, the bid shall not be opened and shall be returned to the bidder. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection Paragraph 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent provided to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.2.3 All invitations to bid and bid packages shall clearly state that bidders shall include all sales taxes in their bid. 37.2.4 The minimum number of responsive bids required for any separate bid package shall meet the requirements of the Polk County School Board Purchasing Requirements and all applicable laws and rules. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00)25,000, Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-pre- award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award. 37.6 The Construction Contractor, or any company in which the Construction Contractor has any ownership interest, shall not be placed on any prequalified bidders list without written approval by Owner. Such written approval shall be requested at least seven (7) days prior to the public advertisement for bids.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure ensure that Construction Contractor makes a genuine effort to stimulate subcontractor interest in the each Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responsesresponses ) with respect to the bidding process. Further, Construction Contractor shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the applicable Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreementthis Contract, Construction Contractor shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. Construction Contractor shall update annually the Construction Market Analysis and Perspective Bidders Report through out the term of this Contract. As various bid packages are prepared for bidding, Construction Contractor shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection Paragraph 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) 25,000.00 may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) 25,000.00 must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00)25,000, Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-pre- award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure that Construction Contractor Design Builder makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor Design Builder shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange County, Florida. Finally, Construction Contractor Design Builder shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor Design Builder shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor . Design Builder shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor Design Builder shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 . Within thirty (30) days after execution of the Agreementthis Contract, Construction Contractor Design Builder shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor Design Builder shall submit to Owner and Design Professional a list of potential bidders for their its review and approval. Construction Contractor Design Builder shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor . Design Builder shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor . Design Builder shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their its review and approval prior to distribution to bidders. 37.2.1 . Except as hereafter provided in Subsection Paragraph 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 . Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) 25,000.00 may be awarded based upon verbal bids. Construction Contractor Design Builder shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor Design Builder shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their its review and comments prior to Construction Contractor Design Builder awarding the subcontract. 37.2.3 . Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) 25,000.00 must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor Design Builder shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their its review and comment within five (5) days of receiving the bids and prior to Construction Contractor Design Builder awarding the subcontract. 37.3 . As part of its bid preparation, Construction Contractor Design Builder shall review the specifications and drawings prepared by Design Professionalit has prepared. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor Design Builder shall be brought to the attention of Owner and Design Professional in written form. 37.4 . For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00)25,000, Construction Contractor Design Builder shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor Design Builder shall transmit these to Design Professional Owner in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 . Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor Design Builder may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor Design Builder has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor Design Builder wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor Design Builder must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award. PARTNERING Design Builder, within twenty-one (21) days after the execution of this Contract, shall prepare and submit for Owner’s approval a proposed Partnering Program for the Work. The Partnering Program shall contain, at a minimum, procedures for the enhancement of communication and cooperation between Owner, Design Builder, separate contractors, inspectors and other consultants and subcontractors on the Project, as well as procedures for the speedy and efficient resolution of problems and disagreements during construction. Upon approval by Owner, the Partnering Program shall be implemented and coordinated by Design Builder throughout the remainder of the Project. SECURING AGREEMENT Design Builder warrants that Design Builder has not employed or retained any company or person, other than a bona fide employee working solely for Design Builder, to solicit or secure this Contract and that Design Builder has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Design Builder, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. At the time this Contract is executed, Design Builder shall sign and deliver to Owner the Truth-in-Negotiation Certificate attached hereto and made a part hereof as Exhibit L. Design Builder’s compensation shall be adjusted to exclude any sums by which Owner determines the compensation was increased due to inaccurate, incomplete, or non-current wage rates or other factual unit costs. PUBLIC ENTITY CRIMES By its execution of this Agreement, Design Builder acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which reads as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION/MWBE/LDB AND APPRENTICESHIP PROGRAM In performing all Work to be provided hereunder, Design Builder shall exert a good faith effort to comply with Owner’s currently adopted Minority/Women Business Enterprise Program and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Design Builder shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to, the following: (i) employment, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including apprenticeship. Design Builder shall post in conspicuous places, available to all employees and applicants for employment notices setting forth the terms of this Equal Employment Opportunity Non-Discrimination Clause and stating that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex or national origin. Design Builder shall comply with Owner’s current MWBE and LDB policies and procedures. Design Builder’s MWBE goal for this Project is percent and Design Builder’s :DB goal for this Project is percent. With each payment application submitted by Design Builder, as a condition precedent to its entitlement to payment, Design Builder shall also submit, on the form attached as part of Exhibit G, a monthly written report to Owner concerning the status of all payments owed and paid by Design Builder to its various MWBE and LDB subcontractors and suppliers. Said monthly status report shall be in such form and contain such detail as may be required by Owner.

MARKET ANALYSIS AND SOLICITATION OF BIDS. 37.1 The purpose of this Section Paragraph is to insure that Construction Contractor Manager makes a genuine effort to stimulate subcontractor interest in the Project and maximize participation of potential qualified subcontractors in the bidding process. At all times, times Owner shall have access to and the right to require copies of all correspondence, records, files and other bid documents (including all bid responses) with respect to the bidding process. Further, Construction Contractor Manager shall notify Owner of the date, time and place of all bid openings and Owner shall have the right to attend any and all such bid openings. All bid openings shall be conducted in Orange CountyCity of Naples, Florida. Finally, Construction Contractor Manager shall develop in writing subcontract bidding procedures for Owner’s review and approval. Once those procedures have been approved by Owner, Construction Contractor Manager shall not deviate from such procedures without obtaining Owner’s prior written consent. 37.1.1 Construction Contractor Manager shall monitor conditions in the construction market to identify factors that will or may affect costs and time for completing the Work; Construction Contractor Manager shall make an analysis as necessary to (i) determine and report on availability of labor, materials, equipment, potential bidders, and possible impact of any shortages or surpluses of labor or material, and (ii) in light of such determination, make recommendations and take action as may be appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing of Work, use of alternative materials, equipment or methods, other economics in design or construction, and other matters that will promote cost savings and completion within the Contract Time. 37.1.2 Within thirty (30) days after execution of the Agreementthis Contract, Construction Contractor Manager shall submit a written “Construction Market Analysis and Prospective Bidders Report” setting out recommendations and providing information as to prospective bidders. As various bid packages are prepared for bidding, Construction Contractor Manager shall submit to Owner and Design Professional a list of potential bidders for their review and approval. Construction Contractor Manager shall be responsible for promoting and encouraging bid competition. 37.1.3 Construction Contractor Manager shall carry out an active program of stimulating interest of qualified subcontractors in bidding on the Work and of familiarizing those bidders with the requirements of this Project. 37.2 Construction Contractor shall prepare invitations for bids and all other appropriate bid documents for all procurement of long lead items, materials and services, for subcontractor contracts and for site utilities. All such invitations for bids and bid packages shall be submitted to Design Professional and Owner for their review and approval prior to distribution to bidders. 37.2.1 Except as hereafter provided in Subsection 37.5, all subcontracts are to be awarded to the lowest responsive and responsible bidder. 37.2.2 Subcontracts not exceeding Twenty-Five Thousand and No/100 Dollars ($25,000.00) may be awarded based upon verbal bids. Construction Contractor shall obtain a minimum of at least two (2) verbal or written bids on all such subcontracts. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comments prior to Construction Contractor awarding the subcontract. 37.2.3 Subcontracts exceeding Twenty-five Thousand and No/100 Dollars ($25,000.00) must be publicly advertised for at least two (2) consecutive weeks prior to the established bid opening time and date. All such bids must be in writing and shall be received and opened in the manner and at the location, date and time established in the bid documents. All such bids received by Construction Contractor shall be entered on a bid tabulation sheet and a copy of both the bids and the tabulation sheet shall be sent to Owner and Design Professional for their review and comment prior to Construction Contractor awarding the subcontract. 37.3 As part of its bid preparation, Construction Contractor shall review the specifications and drawings prepared by Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by Construction Contractor shall be brought to the attention of Owner and Design Professional in written form. 37.4 For each subcontract that exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), Construction Contractor shall, unless waived in writing by Owner, conduct a pre-bid conference with prospective bidders and a pre-award conference with the apparent successful bidder. Design Professional and Owner shall be invited to all such meetings. In the event questions are raised which require an interpretation of the bidding documents or otherwise indicate a need for clarification or correction of the invitation, Construction Contractor shall transmit these to Design Professional in writing and upon receiving clarification or correction in writing from Owner or Design Professional shall issue an addendum to the bidding documents to all of the prospective bidders. 37.5 Notwithstanding the provision above requiring award of subcontracts to the lowest responsive and responsible bidder, Construction Contractor may award a subcontract to someone other than the lowest responsive and responsible bidder provided Construction Contractor has first received Owner’s express written consent to such award. Owner’s consent to any such award will be at Owner’s sole discretion. Whenever Construction Contractor wishes to award a subcontract to someone who is not the lowest responsive and responsible bidder, Construction Contractor must notify Owner in writing, setting out in detail the reasons and justifications for the suggested award.