§ 2-26-4. Construction contracts.

(a)

Pursuant to Florida Statutes, Section 255.20, contracts for construction of buildings or infrastructure shall be competitively awarded to a licensed contractor fully legally authorized to conduct business in Florida when a project is estimated in accordance with generally accepted cost accounting principles to cost more than three hundred thousand dollars ($300,000.00); seventy-five thousand dollars ($75,000.00) for electrical work. The contract may be awarded based upon the submission of sealed bids, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. Contracts for construction management services, design-build contracts, construction contracts based on unit prices, continuing contracts, and any other contract arrangements with a contractor approved by the board, or permitted by policies adopted by resolution of the board, or by any provision of Florida law, are expressly authorized. In addition to the foregoing, bidding requirements for paving related projects shall also be governed by the provisions of Florida Statutes, Section 336.41.

(b)

The selection procedures shall be consistent with this chapter and policies adopted pursuant to the provisions of article IV of this chapter. The threshold amounts listed in subsection (a) shall be adjusted as required by Florida Statutes, Section 255.20(2). In addition to announcing solicitations for construction work on the county website, announcements shall be provided to sources generally relied upon by the appropriate segment of the construction industry, and shall otherwise comply with the requirements of Florida Statutes, Section 255.0525.

(c)

This section is to be interpreted in a manner consistent with Florida law, including Florida Statutes, Section 255.20, and nothing herein shall limit the county administrator's or board's authority to perform any project using the county's own services, employees, and equipment in any manner, except as required by Florida law. Projects under the threshold amount may be performed in the manner the administrator or board deems appropriate on a case-by-case basis, or pursuant to policies and/or procedures adopted pursuant to this chapter.

(d)

The competitive award process provided for in subsection (a) shall not be required for repair or maintenance projects, as those projects are defined in Florida Statutes, Section 255.20(1)(c)(5), or to such other projects exempted from such process by Florida Statutes, Section 255.20(1)(c).

(e)

Notwithstanding any other provision of this purchasing code, and pursuant to Florida Statutes, Section 255.20(1)(m), any contractor finally adjudicated by a court of any violation of Florida or federal labor or employment tax laws regarding subjects such as safety, tax withholding, workers compensation, unemployment tax, social security and Medicare tax, wage or hour, or minimum wage laws within the five (5) years prior to the deadline to submit bids is deemed ineligible to bid on any county construction project. The purchasing official may require as part of the bid documents certification by a company officer confirming eligibility to bid under this provision.

(f)

The terms "cost", "continuing contract", "construction management", "construction management entity" and "repair and maintenance projects" shall have the same definitions as provided for in Florida Statutes, Chapters 255 and 287.

(g)

Projects shall not be divided so as to evade the threshold amounts listed in subsection (a) above. Unless otherwise defined by law, as used in that subsection, the term "project" shall not include those portions of multiyear capital improvement projects not funded beyond the current fiscal year. The term shall also not include any series of construction activities on a new or existing county facility which, if aggregated, would exceed the threshold amounts in subsection (a), but which were not undertaken contemporaneously with each other, were not part of an overall coordinated construction or renovation effort, and which were not performed under the same construction permit.

(Ord. No. 08-43, § 1, 8-26-08; Ord. No. 09-21, §§ 1, 2, 3-17-09; Ord. No. 09-52, § 2, 7-28-09; Ord. No. 11-43, § 1, 11-21-11)