22032 SIM Center HVAC Non Techs Specs.pdf

LEVEL 3

THE NON-TECHNICAL SPECIFICATION

SECTIONS OF DIVISION ONE

Construction Contract Project Manual

State of Florida Department of Military Affairs

Construction and Facility Management Office Project Number: 223032

Project Name: CBJTC SIM Center HVAC Replacement Project Location: CBJTC SIM Center, Building 3002, Starke, Florida 32091

Revised March 2022 (All previous revisions are obsolete)

Non-Technical Specifications Level 3

Revised March 2022 ii

ARCHITECT-ENGINEER'S

INSTRUCTIONS FOR

COMPLETING DOCUMENT

INITIALS ITEM .

ARCHITECT-ENGINEER'S TABLE OF CONTENTS FOR TECHNICAL SPECIFICATIONS should follow the Non-Technical Specifications Table of Contents.

SECTION B-21, TIME OF COMPLETION - Fill in substantial and final completion time (in calendar days). NOTE: Information may be handwritten in blanks and initialed by A/E.

SECTION D, SPECIAL CONDITIONS may be modified to fit job conditions, but all changes must be approved by the Project Manager. This section is established for the inclusion of non-typical, non-technical items which, in the opinion of the Architect-Engineer, will require written clarification or instruction in connection with a specific project. If any items are totally, partially or not at all applicable to a particular project, they may be included, modified or deleted by the Architect-Engineer.

Architect-Engineer must sign and seal PLANS, SPECIFICATIONS and ADDENDUM as shown on

Attachment I.

Revised March 2022 iii

ATTACHMENT I

The attached CONTRACT CONDITIONS, dated July 2012 must be used as masters for reproduction and included in your specifications. Changes to these CONTRACT CONDITIONS are not authorized unless approved in writing by the

Construction and Facility Management Office Business Manager and signed by the Project Manager.

SIGN AND SEAL PLANS AND SPECIFICATIONS AS FOLLOWS:

PLANS

The cover sheet shall be signed, sealed and dated by the principal-in-charge representing the firm under contract with the Department of Military Affairs. Each plan sheet shall be signed, sealed and dated by each professional who did any work on that sheet.

SPECIFICATIONS

The cover page of the specification shall be signed, sealed and dated by the principle-in-charge representing the firm under contract with the Department of Military Affairs. Each technical Table of Contents page shall be signed, sealed and dated by each professional who has any work referenced thereon.

ADDENDUM

The cover page of each addendum shall be signed, sealed and dated by the principle-in-charge representing the firm under contract with the Department of Military Affairs. Each page of the Addendum shall be signed, sealed and dated by each professional who has any work referenced thereon. All addenda must be approved by the

Project Manager before release.

Revised March 2022 iv

Project Name & Location:

CBJTC SIM Center HVAC Replacement

5629 State Road 16 West, Starke, Florida 32091

Project No. 223032

To be constructed for and the contract administered by:

State of Florida

2305 State Road 207

St. Augustine, Florida 32086

Set No.

Date Issued

Project Manager Name: Mitchel Poole – 904-682-2200

Non-Technical Specifications are a part of the contract as if attached

Revised March 2022 v

TABLE OF CONTENTS

BIDDING CONDITIONS

SECTION A BID INFORMATION

A-1 ADVERTISEMENT AND INVITATION TO BID

A-2 FUNDING

A-3 REQUIRED FORMS

SECTION B INSTRUCTION TO BIDDERS

B-1 SPECIFICATION TERMINOLOGY

B-2 BIDDERS’ & SUBCONTRACTORS’ LICENSE & REGISTRATION REQUIREMENTS

B-3 FAMILIARITY WITH LAWS

B-4 FLORIDA PRODUCTS AND LABOR

B-5 TAXES

B-6 ALTERNATES

B-7 ADDENDA

B-8 INTERPRETATION OF BIDDING DOCUMENTS

B-9 EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK

B-10 BASIS FOR BIDDING-TRADE NAMES

B-11 BID GUARANTEE

B-12 SURETY COMPANIES ACCEPTABLE TO STATE

B-13 PREPARATION AND SUBMISSION OF BIDS

B-14 LISTING OF SUBCONTRACTORS

B-15 WITHDRAWAL OF BIDS

B-16 RECEIPT AND OPENING OF BIDS

B-17 DISQUALIFICATION OF BIDS

B-18 REJECTION OF BIDS

B-19 NOTICE AND PROTESTS PROCEDURES

B-20 DETERMINATION OF SUCCESSFUL BIDDER

Revised March 2022 vi

TABLE OF CONTENTS (cont.)

BIDDING CONDITIONS

B-21 NOTICE TO SECURE AND PAY FOR UTILITY CONNECTIONS; NOTICE TO PROCEED TO

MOBILIZE ON SITE AND TO PROCEED WITH CONSTRUCTION; TIME OF COMPLETION AND

LIQUIDATED DAMAGES

B-22 APPRENTICES

CONTRACT CONDITIONS

SECTION C CONDITIONS OF THE CONTRACT

C-1 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

C-2 DELETION OF BOND REQUIREMENTS

C-3 EXECUTION OF AGREEMENT AND BONDS

C-4 CONTRACTOR'S INSURANCE

C-5 PROGRESS SCHEDULE

C-6 VERIFICATION OF OWNER'S SURVEY DATA

C-7 CONSTRUCTION FACILITIES

C-8 PROJECT DRAWINGS - COPIES FURNISHED TO CONTRACTOR

C-9 PROJECT DRAWINGS-CHANGES

C-10 INSPECTIONS - ALL PROJECTS

C-11 SHOP DRAWINGS

C-12 REFERENCE TO A.S.T.M. OR FEDERAL SPECIFICATIONS

C-13 MANUFACTURER'S SPECIFICATIONS

C-14 APPROVAL OF MATERIALS

C-15 SUBSTITUTIONS

C-16 CONSTRUCTION CLIMATE CONTROL

C-17 AS-BUILT DRAWINGS

C-18 GUARANTEES AND OPERATING INSTRUCTIONS

C-19 CLEANING

C-20 FINAL PAYMENT

Revised March 2022 vii

C-21 PUBLIC NOTICE

C-22 INCLUSION OF AIA DOCUMENTS A-201

C-23 SCOPE

C-24 ARTICLE 2, OWNER

C-25 ARTICLE 3, CONTRACTOR

C-26 ARTICLE 4, ARCHITECT

C-27 ARTICLE 5, SUBCONTRACTORS

C-28 ARTICLE 7, CHANGES IN THE WORK

C-29 ARTICLE 8, TIME

C-30 ARTICLE 9, PAYMENTS AND COMPLETION

C-31 ARTICLE 11, INSURANCE

C-32 ARTICLE 13, MISCELLANEOUS PROVISION

C-33 CHANGES IN THE WORK, DELAYS, EXTENSIONS OF TIME AND CLAIMS

C-34 PROGRESS PAYMENTS

C-35 EXCLUSION OF OWNER FROM LIABILITY

C-36 DUTIES OF ARCHITECT-ENGINEER'S REPRESENTATIVE

C-37 PROHIBITED MATERIALS - ASBESTOS

C-38 CLAIMS AND DISPUTES

C-39 INTEREST PROVISIONS

C-40 HARMONY

C-41 CONTRACTOR’S REPRESENTATION

C-42 CONTRACTOR’S WORK FORCE

C-43 CONTRACTOR’S SUPERVISION OF PROJECT

C-44 TERMINATION FOR CAUSE OR MUTUAL AGREEMENT

C-45 TERMINATION FOR CONVENIENCE

Revised March 2022 viii

C-46 CONTRACTOR PAYMENT RIGHTS

C-47 PUBLIC ENTITY CRIME INFORMATION STATEMENT

C-48 DISCRIMINATION; DENIAL OR REVOCATION FOR RIGHT TO TRANSACT

BUSINESS

C-49 UNAUTHORIZED ALEINS

C-50 ELECTRONIC MAIL CAPABILITIES

C-51 ASSIGNMENT

C-52 BUILDINGS PLANS EXEMPTION POLICY

C-53 CONTRACTOR ENVIRONMENTAL AWARENESS TRAINING

C-54 CONTRACTOR COMPLIANCE WITH SECTION 20.055, FLORIDA STATUTES

C-55 DEBARMENT AND SUSPENSION

C-56 CONTRACTOR COMPLIANCE WITH FLORIDA STATUTES

SPECIAL CONDITIONS

SECTION D SPECIAL CONDITIONS

D-1 WATER

D-2 ELECTRICITY

D-3 PRE-CONSTRUCTION CONFERENCE

D-4 SITE SECURITY

D-5 FREEDOM OF INFORMATON ACT

Revised March 2022 ix

EXHIBIT LIST

EXHIBIT 1 INVITATION TO BID

EXHIBIT 2 INSURANCE FORM

EXHIBIT 3 FNG FORM 5085, CONTRACTOR QUALIFICATIONS AND FINANCIAL STATEMENT

EXHIBIT 4 PROPOSAL FORM

EXHIBIT 5 SUBCONTRACTOR LIST

EXHIBIT 6 AGREEMENT BETWEEN OWNER & CONTRACTOR

EXHIBIT 7 PERFORMANCE BOND

EXHIBIT 8 LABOR & MATERIAL PAYMENT BOND

EXHIBIT 9 REMOVED

EXHIBIT 10 PAY REQUEST FORM 4012E

EXHIBIT 11 SCHEDULE OF CONTRACT VALUES

EXHIBIT 12 CONTRACTOR'S AFFIDAVIT OF CONTRACT COMPLETION

EXHIBIT 12a A/E CERTIFICATE OF CONTRACT COMPLETION

EXHIBIT 13 PERCENTAGE FACTOR TO BE USED IN SECTION C-37(6) OF THE CONSTRUCTION

EXHIBIT 14 PROJECT SIGN

EXHIBIT 15 CONTRACTOR’S MINORITY BUSINESS STATUS REPORT OF PARTIAL PAYMENT

EXHIBIT 16 PROPOSED CHANGE ORDER SUMMARY FORM

EXHIBIT 17 CONTRACTOR’S ESTIMATED PAYMENT DRAW SCHEDULE

EXHIBIT 18 CONSENT OF SURETY TO FINAL PAYMENT

EXHIBIT 19 SURETY POWER OF ATTORNEY (TO ACCOMPANY EXHIBIT 18)

EXHIBIT 20 REMOVED

Revised March 2022 x

SECTION A

BID INFORMATION

A-1 ADVERTISEMENT AND INVITATION TO BID:

The "Invitation To Bid" form is enclosed as Exhibit 1 and shall be utilized for requesting proposals from all bidders. The standard template for the Invitation to Bid (ITB) form shall be completed by the Contract Management Branch and may be distributed through the MyFloridaMarketPlace Vendor Information Portal (VIP). The ITB shall contain all information needed for the site visit/pre-bid meeting, RFI’s for addenda, submittal of bids and bid opening. Sources of information other than the

DMA should not be relied upon.

A-2 FUNDING:

The State of Florida's award, performance and obligation to pay under this contract is contingent upon availability of funding and an annual appropriation by the Legislature.

A-3 REQUIRED FORMS:

The following are the forms required for use by this office. Project specific forms in Word .doc format are available by contacting the Contract Management Branch at ng.fl.flarng.list.cfmo-contracting@army.mil. Use of other forms may cause rejection of bids or a delay in approval and payment of your invoices. Please do not use the forms attached as Exhibits, as these are samples only.

• Exhibit 1 Project “Invitation to Bid”

• Exhibit 2 Insurance Form

• Exhibit 3 Contractor Qualifications - FNG Form 5085

• Exhibit 4 Proposal Form

• Exhibit 5 List of Subcontractors

• Exhibit 6 Agreement Between Owner & Contractor

• Exhibit 7 Performance Bond

• Exhibit 8 Labor and Material Bond

• Exhibit 9 Waiver and Release of Lien Upon Final Payment

• Exhibit 10 Owner’s Certificate of Partial Pay Form 4012E

• Exhibit 11 Schedule of Contract Values

• Exhibit 12 Contractor’s Affidavit of Contract Completion

• Exhibit 12a A/E Certificate of Contract Completion

• Exhibit 13 Percentage Factor /Contract Conditions

• Exhibit 14 Contractor Project Sign

• Exhibit 15 Minority Business Status Report

• Exhibit 16 Change Order Request Summary

• Exhibit 17 Contractor Estimated Payment Draw Schedule

• Exhibit 18 Consent of Surety to Final Payment

• Exhibit 19 Surety Power of Attorney (to accompany Exhibit 18)

• Exhibit 20 Waiver and Release of Lien Upon Progress Payment mailto:ng.fl.flarng.list.cfmo-contracting@army.mil

Revised March 2021

SECTION B

INSTRUCTIONS TO BIDDERS

B-1 SPECIFICATION TERMINOLOGY

DEFINITION OF TERMS:

Whenever in these Instructions the following terms (or pronouns which replace these terms) are used, their intent and meaning shall be interpreted as follows:

OWNER:

State of Florida, Department of Military Affairs

2305 State Rd. 207

St. Augustine, FL 32086

PROJECT MANAGER:

The authorized representative of the Owner charged with the construction management of the project for the Department of

Military Affairs

CONTRACT MANAGER:

The authorized representative of the Owner charged with the contract management and administration of the project for the

ARCHITECT-ENGINEER /PROJECT REPRESENTATIVE:

The Design Professional (Architect-Engineer, Architect, Engineer or Other) commissioned by the Owner, acting directly or through a duly authorized representative.

BIDDER:

Any individual, firm, partnership or corporation submitting a proposal for the work contemplated.

SURETY:

The corporate body, which is bound with and for the Contractor, which is primarily liable, and which guarantees the faithful performance of the Agreement

PROPOSAL:

A bid for the work contemplated, which the Bidder shall submit on approved forms (Exhibit 4)

AGREEMENT:

"Agreement" shall mean the document entitled "Agreement Between Owner and Contractor"

CONTRACT LEVELS:

LEVEL 1:

Contracts where Agreement has a Contract Sum not exceeding $35,000

LEVEL 2:

Contracts where Agreement has a Contract Sum greater than $35,000 but not exceeding $65,000

LEVEL 3:

Contracts where Agreement has a Contract Sum greater than $65,000 but not exceeding $200,000

THRESHOLD BUILDING:

Threshold Building means any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons

SUBSTANTIAL COMPLETION:

The term "Substantial Completion" shall mean that the project under this contract is sufficiently completed in accordance with the Contract Documents, so that the Owner can occupy or utilize the work or designated portions thereof for the use for which it is intended, as expressed in the Contract Documents. The term "Substantial Completion" shall not mean the inclusion of such minor alterations and patching as the Final Inspection shall disclose

B-2 BIDDERS’ AND SUBCONTRACTORS’ LICENSURE AND REGISTRATION REQUIREMENTS

Each bidder and each subcontractor whose field or area is governed by Chapter 399, 455, 489 or 633 of the Florida Statutes for licensure must hold a valid current license as required by the Statute. If the bidder is a corporation, he must also be properly registered with the State of Florida, Department of State, Division of Corporations. Bidder may be required to complete a

DBC5085 (Exhibit 3) or supply additional qualification data as requested.

B-3 FAMILIARITY WITH LAWS

The Bidder is required to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility.

B-4 FLORIDA PRODUCTS AND LABOR

The Contractor's attention is called to Section 255.04, Florida Statutes, which requires that on public building contracts Florida products and labor shall be used wherever price and quality are equal.

B-5 TAXES

Although the Owner is not subject to the Florida Sales and Use Tax, any Contractor who purchases materials and services, which will be used in the construction of State-owned buildings, will not be exempted from the tax on these materials and services as evidenced by the following excerpt from the Florida Statutes:

"The State, any county, municipality or political subdivision of this State is exempt from the sales tax, except this exemption shall not include sales of tangible personal property made to contractors employed either directly or as agents of any such government or political subdivision thereof when such tangible personal property goes into or becomes a part of public works owned by such government or political subdivision thereof."

The Owner is not subject to:

1. Federal Excise Taxes on materials or appliances that are incorporated into and become a part of the completed improvement.

2. Federal Tax on Transportation of Property.

In every case of a purchase of materials to be incorporated in the work, which are subject to Federal Excise Tax, the Owner will furnish to the Contractor the necessary Federal Excise Tax Exemption Certificate upon receipt of a copy of the supplier's invoice showing the item or items, the net price, and Federal Excise Tax separately.

The Bidder shall take these factors into consideration in preparing his proposal, including therein the cost of the State Sales Tax and Use Tax on materials, but excluding the cost of those taxes not applicable.

B-6 ALTERNATES

If the Owner wishes to learn the relative or additional construction cost of an alternative method of construction, an alternative use or type of material or an increase or decrease in scope of the project, these items will be defined as alternates and will be specifically described by the contract documents. Alternates will be listed in the Proposal form in a manner that the Bidder shall be able to clearly indicate what sums he will add to (or deduct from) his Base Bid.

B-7 ADDENDA

In case the Architect-Engineer/Project Manager finds it expedient to supplement, modify or interpret any portion of the Bidding

Documents during the bidding period, such procedure will be accomplished by the issuance of written Addenda to the Bidding

Documents. Addenda shall be made available to all prospective Bidders. It is the Bidders responsibility to ensure receipt of all issued addenda before bid due date. Failure to acknowledge addenda on the Exhibit 4 proposal form could/may be cause for rejection.

B-8 INTERPRETATION OF BIDDING DOCUMENTS

No interpretation of the meaning of the Drawings, Specifications or other Bidding Documents and no correction of any apparent ambiguity, inconsistency or error therein will be made to any Bidder orally. Every request for such interpretation or correction shall be in writing, and addressed to the Architect-Engineer/Project Manager, (or the contact indicated in the bidding documents). All such interpretations and supplemental instruction will be in the form of written Addenda to the Bidding

Documents, sent via E-Mail by the Architect-Engineer /Contract Manager or posted on the VIP by a Contract Management

Branch Official.

Only the interpretation or correction so given by the /Project Manager in writing shall be binding, and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret, the Bidding Documents. The

DMA will not be responsible for information obtained through sources other than those used by the DMA for solicitations

(Vendor Bid System or Invitation To Bid) that may cause rejection of bids.

B-9 EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK

Bidders are required, before submitting their proposals, to visit the site of the proposed work and completely familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be performed and the equipment, materials and labor required. They are also required to examine carefully any Drawings, Specifications and other Bidding Documents to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work. Only those contractors listed on the pre-bid meeting/site visit sign-in roster will be allowed to bid.

B-10 BASIS FOR BIDDING - TRADE NAMES

For clarity of description and as a standard of comparison, certain equipment, materials, etc., have been specified by at least two trade names or manufacturers. To ensure a uniform basis for bidding, the Bidder shall base his Proposal on the particular system, equipment or material specified. After the contract is let, other equipment materials, etc., as manufactured by other manufacturers may be accepted only if, in the opinion of the Architect-Engineer/Project Manager, same is equivalent in quality and workmanship and will perform its intended purpose satisfactorily.

B-11 BID GUARANTEE

On projects where the base bid and sum of all additive alternates exceeds $100,000, bids shall be accompanied by a bid guarantee of not less than five (5) percent of the amount of the bid, which may be a certified check, a cashier's check, treasurer's check, bank draft or Bid Bond made payable to the Owner. If a bid bond is submitted, it must be signed by a Florida Licensed

Resident Agent who holds a current Power of Attorney from the Surety Company issuing the Bond and the Power of Attorney must be attached to the Bid Bond. Such check or Bid Bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid for a period of forty (40) days after the scheduled closing time for the receipt of bids; that if his bid is accepted, he will enter into a written contract with the Owner in accordance with the form of agreement included as a part of the Contract Documents, and that the required Performance Bond and Labor and Material Payment Bond will be given;

and that in the event of the withdrawal of said bond within said period, or failure to enter into said Agreement and give said bonds within ten (10) calendar days after he has received notice of acceptance of his bid, the Bidder shall be liable to the Owner for the full amount of the bid guarantee as representing the damage to the Owner on account of the default of the Bidder in any particular hereof. The Bid Bonds or checks shall be returned to all except the apparent lowest two qualified bidders after the formal opening of bids. The remaining Bid Bonds or checks will be returned to the two lowest bidders after the Owner and the accepted bidder have executed the Agreement and the Performance Bond and Labor and Material Payment Bond have been approved by the Owner. If the required Agreement and Bonds have not been executed within forty (40) calendar days after the date of the opening of the bids, then the Bid Bond or check of any bidder will be returned upon his request, provided he has not been notified of the acceptance of his bid prior to the date of such request.

B-12 SURETY COMPANIES ACCEPTABLE TO STATE

To be acceptable to the State as Surety for Bid Bonds, Performance Bonds and Labor and Material Payment Bonds, a Surety

Company shall comply with the following provisions:

A. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of

Insurance, authorizing it to write surety bonds in the State of Florida.

B. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.

C. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.

D. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued.

E. If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following provisions:

1. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide.

Policy Required

Contract Amount Holder's Rating Financial Rating

$ UP To 1,000,000 A- CLASS I

1,000,000 To 2,000,000 A- CLASS II

2,000,000 To 5,000,000 A- CLASS III

5,000,000 To 10,000,000 A- CLASS IV

10,000,000 To 25,000,000 A- CLASS V

25,000,000 To 50,000,000 A- CLASS VI

50,000,000 To 100,000,000 A- CLASS VII

2. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided:

(a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval from the State of Florida, Department of Insurance to do business in this state have been met.

(b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted.

B-13 PREPARATION AND SUBMISSION OF BIDS

Each Bidder shall copy the proposal form (Exhibit 4) on his own letterhead, indicate his bid prices thereon in proper spaces, for the Base Bid and for alternates on which he bids. Any erasure or other correction in the proposal may be explained or noted over the signature of the Bidder. Document may be obtained in Word format by contacting ng.fl.flarng.list.cfmo-contracting@army.mil

Proposals containing any conditions, omissions, unexplained erasures, alterations, items not called for or irregularities of any kind may be rejected by the Owner.

Each bid must give the full business name, federal ID number, address, telephone and fax of the Bidder and state whether it is an individual, corporation or partnership. The bid must be signed before submitting in duplicate in a sealed envelope. The envelope must be clearly marked on its face as follows:

ATTN: SEALED BID - PROJECT NO.: 223032

PROJECT NAME: CBJTC SIM Center HVAC Replacement ATTN: CFMO Contract Management Branch

The bid shall be submitted only prior to the time and the place specified in the Invitation to Bid or in accordance with any

Addendum issued subsequent to the advertisement. Sealed bid envelopes submitted by mail or by delivery service must be delivered within a separate mail or delivery envelope, also marked "SEALED BID". Bids not delivered in sealed envelopes may be returned to the bidder. All bids submitted by mail or delivery service need to be confirmed by bidder with the CFMO

Contract Management Branch.

B-14 LISTING OF SUBCONTRACTORS

In order that the Owner may be assured that only qualified and competent subcontractors will be employed on the project, each

Bidder shall submit in duplicate with his proposal a list of the subcontractors who will perform the work for each Division of the

Specifications utilizing the "List of Subcontractors" form enclosed as Exhibit 5. The Bidder shall have determined to his own complete satisfaction that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations comparable to that which is required by this Agreement and is qualified technically and financially to perform the work for which he is listed. Only one subcontractor shall be listed for each phase of work.

Any bidder who lists a subcontractor not certified and/or registered by the State to perform the work of his trade, if such certification or registration is required for the trade by Florida Laws, will be rejected as non-responsive.

No change shall be made in the list of subcontractors, before or after the award of a contract, unless agreed to in writing by the

Owner.

B-15 WITHDRAWAL OF BIDS

Bids may be withdrawn by written, e-mail or facsimile request received from Bidder prior to the time fixed for opening.

Negligence on the part of the Bidder in preparing the bid confers no right for withdrawal of the bid after it has been opened.

B-16 RECEIPT AND OPENING OF BIDS

Bids will be opened publicly at the time and place stated in the Bidding Documents. An official time clock will be used to monitor the closing of the bids and to time-stamp bids as received. No responsibility will be attached to any officer for the premature opening of a bid not properly addressed and identified. At the time fixed for the opening of bids, the bids will be read aloud.

B-17 DISQUALIFICATION OF BIDS

More than one bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested.

Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion will be considered in future proposals for the same work.

The Owner reserves the right to accept or reject any or all proposals received and reserves the right to make an award with or without further discussion of the proposals submitted or accept minor informalities or irregularities in the best interest of the

State of Florida, which are considered a matter of form and not substance, and the correction or waiver of which is not prejudicial to other proposers. Minor irregularities are defined as those that will not have an adverse effect on the Department’s interest and will not affect the price of the proposal by giving a proposer an advantage or benefit not enjoyed by all other proposers. It is understood the proposal will become a part of the Department’s official file, without obligation to the

Department. Proposals may be rejected if found to be irregular or not in conformance with the requirements and instructions contained herein. A proposal may be found to be irregular or non-responsive by reasons that include, but are not limited to failure to utilize or complete in their entirety prescribed forms, conditional proposals, incomplete proposals, ambiguous proposals, and improper, missing and/or undated signatures. Bids not complete with Bid Bonds, (when applicable), List of

Subcontractors, or addenda not acknowledged will not be read aloud. The Official announces the deficiency causing the bid to be non-responsive and its disqualification thereby. The disqualified proposal will be impounded and not returned.

Falsification of any entry made on the Contractor's bid proposal will be deemed a material bid deviation and will be grounds for rejection.

Any and all bid proposals may be rejected if determined to be non-responsive (does not conform in all material aspects to the invitation to bid or request for proposals) or non-responsible (firm is not deemed capable in all respects to perform fully the contract requirements and the integrity and reliability to assure good faith performance).

B-18 REJECTION OF BIDS

The Owner reserves the right to reject any and all bids under any of the circumstances prescribed in Rule 60D-5.0071, Florida

Administrative Code, and to negotiate the contract in accordance with Rules 60D-5.00, 60D-5.0082, and 60D-5.0091, Florida

Administrative Code, if the low qualified bid exceeds the project construction budget.

B-19 NOTICE AND PROTEST PROCEDURES

A. Notification:

1. Bid Solicitation: The Owner shall provide notice of its decision or intended decision concerning a bid solicitation as provided in the advertising for bids and distribution of bidding documents.

2. Contract Award: On contracts within Levels 2, 3, 4 & 5, the notice of a decision or intended decision on contract award or bid rejection shall be given by posting electronically on the My Florida Market Place (MFMP) Vendor

Information Portal (VIP), or by posting in the same manner in which the bid solicitation was announced by the

Contract Management Branch of the DMA.

B. Protest.

1. Any person who is affected adversely by the Owner's decision or intended decision shall file with the Owner a notice of protest in writing within 72 hours, excluding Saturday, Sunday and State legal holidays, after receipt of the bidding documents if the protest is directed toward the bidding documents or after the notice of the Owner's decision or intended decision on contract award or bid rejection if the protest is directed toward contract award or bid rejection.

2. Thereafter a formal written protest by petition in compliance with Section 120.57(3), Florida Statutes, and Rule 28-

110, Florida Administrative Code, must be filed with the Owner within ten (10) days after the date the notice of protest was filed.

3. Failure to file a timely notice of protest or failure to file a timely formal written protest petition shall constitute a waiver of protest proceedings. Any protest filed prior to posting of the bid tabulation or receipt of the notice of the agency decision will be considered abandoned unless renewed within the time limit provided for protests.

4. The Agency and the Commission on Minority Economic and Business Development is hereby granted standing to protest, pursuant to s. 287.0945, in a timely manner, any contract award in competitive bidding for contractual services and construction contracts that fail to include minority business enterprise participation, if any responding bidder has demonstrated the ability to achieve any level of participation, or any contract award for commodities where, a reasonable and economical opportunity to reserve a contract statewide or district level, for minority participation was not executed or, and agency failed to adopt applicable preference for minority participation. Any low bidder with no participation may be presumed not in "good faith." All bidders will be notified of the minority participation goal by addendum.

C. Owner Action.

1. Upon receipt of a notice of protest that has been timely filed, the Owner shall delay the contract award process until the subject of the protest is resolved by mutual agreement between the parties or by final Owner action, unless the Owner sets forth in writing particular facts and circumstances which require the continuation of the bid solicitation process or the contract award process without delay to avoid an immediate and serious danger to public health, safety, or welfare;

provided, however, that if the petition is not filed within the time stated above, the contract award process may continue as if the notice of protest had not been filed.

2. Upon receipt of the formal written protest petition which has been timely filed, the Owner shall attempt to resolve the protest by mutual agreement between the parties within 7 days, excluding Saturday, Sunday and legal State holidays.

3. If the protest is not resolved by mutual agreement within said seven (7) days, and if no disputed issue of material fact is involved, the Owner may designate a Hearing Officer who shall conduct an informal proceeding pursuant to Section

120.57(2), Florida Statutes, and Rule 60Q-2.014, Florida Administrative Code. The qualifications of such designated

Hearing Officer shall be: 1 a member in good standing of The Florida Bar; or 2. a person knowledgeable by virtue of practical experience of the procedures relating to soliciting and evaluating bids for state contracts. Notice of informal proceedings shall be given no less than three days prior to the proceeding. The proceeding may be held before the

Owner.

4. If there is a disputed issue of material fact, the protest shall be referred to the Division of Administrative Hearings of

Department of Administration, State of Florida, for proceedings under section 120.57(1).

B-20 DETERMINATION OF SUCCESSFUL BIDDER

A. All projects except where competitive bidding is waived under the provisions of Rule 60D-5.008, Florida Administrative

Code, will be publicly bid in accordance with the provisions herein. Award of contract will be made to the lowest responsive responsible bidder, determined in accordance with the provisions herein and meeting the requirements of the bidding documents, that submits the lowest valid bid for the work. The lowest bid will be determined as follows:

1. The lowest bid will be the bid from the responsive responsible bidder that has submitted the lowest price for the base bid or the base bid plus the additive alternates or less the deductive alternates chosen by the Agency to be included in or excluded from the proposed contract, taken in numerical order listed in the bid documents. The order of the alternates may be selected by the Agency in any sequence so long as such acceptance out of order does not alter the designation of the low bidder.

2. On projects whose bidding documents provide for evaluation of the bids based on first cost and life cycle cost and performance criteria, the lowest bid will be the bid by the firm whose bid products are determined to yield the lowest total cost in accordance with the criteria set forth in the bidding documents.

B-21 NOTICE TO SECURE PERMITS AND PAY FOR UTILITY CONNECTIONS; SCHEDULE OF VALUES;

NOTICE TO PROCEED TO MOBILIZE ON SITE AND TO PROCEED WITH CONSTRUCTION; TIME OF

COMPLETION AND LIQUIDATED DAMAGES

A. The contract will be issued to the Contractor after all signatures have been acquired. At that time, the Contractor will be given a Notice to Secure Permits for required permits from all agencies with jurisdiction over the area in which the project is located; and to pay, at the Contractor’s cost, the required connection fees from all agencies supplying utilities to the project.

The Contractor is allowed thirty (30) calendar days from the issuance of the Notice to Secure Permits to obtain the required permits and utility connections before construction can begin. Special permits, such as tree removal, Water Management

District, Department of Environmental Regulation, septic tank, etc., may be necessary before construction can begin. If additional time is required, the Contractor will request approval of a time extension for good cause for the purpose of obtaining any permit required prior to commencing construction on the site.

The Contractor is obligated to obtain and pay for a building permit from the local authority for construction of this facility. In the case of plumbing, electrical, other internal system permits and connection permits, the Contractor is obligated to obtain such permits and pay such fees.

The Contractor shall determine the permits and fees required by any entity having jurisdiction over any part of the project and shall include the cost of all such permits in his bid proposal.

B. The Contractor shall, within ten (10) calendar days from date of Notice to Secure Permits letter, submit to the Architect-

Engineer /Project Manager, for review and approval, three copies of a Schedule of Contract Values which will reflect the estimated cost of each subdivision of work of each specification section, further detailed by subcontractor item, and utilizing the

Construction Specification's Institute "Master Format Broad Scope Section Numbers". The value of each item shall include a true proportionate amount of the Contractor's overhead and profit. The sum of all such scheduled values shall equal the Contract

Sum as evidenced by the Agreement.

C. Upon paying for all required utility connections (not limited to but including telephone, data, electric, water and sewer) and securing the Building Permit, the Contractor shall provide a copy of any and all Permits required and receipts showing payments to the Architect-Engineer/Project Manager. The Notice to Proceed to Mobilize on Site and to Proceed With Construction will then be issued by the Owner. The work to be performed under this contract shall be commenced within ten (10) calendar days after date of Notice to Proceed to Mobilize on Site and to Proceed with Construction, shall be substantially completed within 60 calendar days after the date of this Notice to Proceed, and shall be finally completed within 30 calendar days after the date of substantial completion. It is the Contractor’s responsibility to ensure the Certificate of Occupancy from the authority having jurisdiction is provided to Owner prior to substantial completion.

D. Inasmuch as failure to complete the project within the time fixed above will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the project is not substantially completed, according to the definition of "Substantial Completion" in Section B-1 hereinabove, or within such further time, if any, as in accordance with the provisions of the Contract Documents shall be allowed for such substantial completion, the Contractor shall pay to Owner as liquidated damages for such delay, and not as a penalty, any and all actual costs and/or losses incurred by the Owner, as the result of the delay, for each and every calendar day elapsing between the date fixed for substantial completion above and the date such substantial completion shall have been fully accomplished. Said liquidated damages shall be payable in addition to any other excess expenses or costs payable by the

Contractor to the Owner under the provisions of AIA Article 14 of the General Conditions, and shall not exclude the recovery of damages by the Owner under other provisions of the Contract Documents, except for Contractor's delay. This provision of liquidated damages for delay shall in no manner affect the Owner's right to terminate the contract as provided in

Article 14 of the General Conditions or elsewhere in the Contract Documents. The Owner's exercise of the right to terminate shall not release the Contractor from his obligation to pay said liquidated damages in the amounts as provided for above.

The Owner is entitled to completion of the project within the time fixed above or within such further time, if any, as may be allowed in accordance with the provisions of the contract. In the event of termination of the contract by the Owner prior to completion as provided in Article 14.2 of the General Conditions or elsewhere in the Contract Documents, the Contractor shall be liable to the Owner for the expenses for additional managerial and administrative services provided in said Article 14 and also for the per diem liquidated damages as agreed to above.

1. For each day he is in arrears in his work at the time of said termination as determined by the Architect-

Engineer/Project Manager, and

2. For each day of thirty (30) additional calendar days hereby stipulated and agreed to be the time it will require the

Owner to affect another contract for completion of the project and for resumption of work thereon.

Provided, however, that the sum of 1 and 2 above shall not exceed the number of days beyond the original agreed completion date, or any extension thereof as herein provided, reasonably required for completion of the project.

It is further agreed that the Owner may deduct from the balance retained by the Owner, under the provisions above, the liquidated damages stipulated therein for delay or termination, as the case may be, or such portions thereof as the said retained balance will cover.

B-22 APPRENTICES

If the Contractor employs apprentices on the project, the behavior of the Contractor and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Workforce Development of the Department of Education, State of Florida. The

Contractor will include a provision similar to the foregoing sentence in each subcontract.

The Contractor shall have the option of listing all available job vacancies with the local Job Service Florida office in order to take advantage of local pools of unemployed qualified construction personnel.

SECTION C

CONDITIONS OF THE CONTRACT

C-1 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

On projects where the Contract Sum exceeds $100,000, the Contractor shall furnish the Owner with a 100% Performance Bond and 100% Labor and Material Payment Bond written by a Surety Company acceptable to the Owner and authorized to do business in the State of Florida and signed by a Florida Licensed Resident Agent. - is required to furnish replacement bonds in the event of cancellation of the original Performance Bond and Labor and Material Payment Bond. Form of bond shall be as shown on forms Exhibits 7 and 8.

The cost of all Performance Bonds and Labor and Material Payment Bonds shall be borne by the Contractor. The Bonds shall be accompanied by a duly authenticated or certified document, in duplicate, evidencing that the person executing the Bonds on behalf of the Surety had the authority to do so on that date of the Bond. In the usual case, conferring of that authority has occurred prior to the date of the Bond, and the document showing the date of appointment and enumeration of powers of the person executing the Bond is accompanied by a certification that the appointment and powers have not been revoked and remain in effect. The date of that certification shall be dated the same date as the Bonds and the Bonds shall be dated the same date as the Agreement.

C-2 DELETION OF BOND REQUIREMENTS

Section 255.05, Florida Statutes, provides that:

No Payment and Performance Bond shall be required for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work when the contract sum for such work is for

$100,000 or less.

When such work is done for the State, the Secretary of the Department of Management Services may delegate to state agencies the authority to exempt any person entering into such a contract amounting to more than $100,000 but less that $200,000 from executing the Payment and Performance Bond.

Therefore, if the construction award amount for the project is $100,000 or less, or if the construction award amount for the project is more than $100,000 but less than $200,000 and the Payment and Performance Bond requirements for the project have been waived in advance of the bid as indicated in the Invitation To Bid (Exhibit 1), then the following applies:

1. The final payment of retainage shall not be made until the project has been inspected by the Architect-Engineer/Project

Manager; until the Architect-Engineer has issued a written certificate that the project has been constructed in accordance with the approved plans, specifications, addenda and change orders; and until the Owner has accepted the project.

2. The final payment shall not be made until the Contractor has supplied the Owner with signed and dated statements from all laborers, material suppliers and subcontractors, as defined in F.S. 713.01 and as identified by the Contractor on his monthly progress payments, that they have no claims against the Contractor for the work under the contract. Said statements shall identify the project by name and project number.

3. The Contractor shall post in a conspicuous place on the project site a public notice as prescribed in Section C-21.

4. In case of default by the Contractor, the laborers, material suppliers and subcontractors as defined in F.S. 713.01, making claims for unpaid bills, will be paid from the retainage on a pro rata basis as stated in Rule 60D-5.0041, Florida

Administrative Code.

5. The Contractor shall provide a certified list on Exhibit 5 of all subcontractors, laborers and material suppliers to the

Owner with his proposal Exhibit 4. This list shall be updated thereafter each month with a certified statement that the list and its updates include the names and addresses of all subcontractors, laborers and material suppliers furnishing labor, material and/or equipment for the project. An updated copy of this certified list shall accompany each pay request. No change shall be made in the list of subcontractors, before or after the award of a contract, unless agreed to in writing by the Owner.

6. The Contractor shall provide a written statement with each pay request to the Owner which indicates how each payment requested will be distributed to subcontractors, laborers and material suppliers. This pay request breakdown shall define the disbursement intended for all of the funds requested.

7. The Contractor shall provide a written statement, with all but the first payment request, from each of the laborers, subcontractors and material suppliers indicated in (5) above that they have in fact received payment as indicated in the preceding statements. In the event any payment is not made as indicated on a prior statement noted in (6) above, the

Contractor shall furnish an explanation as to the reasons for such deviation and shall request approval from the Owner.

8. When a Contractor receives any payment, he shall pay such monies received to each subcontractor, laborer and material supplier in accordance with F.S. 287.0585.

9. The Architect-Engineer/Project Manager may, on request at his discretion, furnish to a laborer, subcontractor or material supplier, if practical, information regarding the percentages of completion of the amount applied for by the

Contractor and the action taken thereon by the Architect-Engineer/Project Manager on account of charges by the laborer, subcontractor or material supplier.

10. Neither the Owner nor the Architect-Engineer shall have any obligation to pay or to see to the payment of any monies to any laborer, subcontractor or material supplier except as specified above or as may otherwise be required by law.

11. The Performance Bond and Labor and Material Payment Bond enclosed as Exhibits 7 and 8 are deleted and all references to the Performance Bond and Labor and Material Payment Bond in the specifications are deleted.

C-3 EXECUTION OF AGREEMENT AND BONDS

Agreement between Owner and Contractor

The Contractor shall execute all required forms of the Agreement and return within ten (10) calendar days of their receipt.

Failure to return all forms correctly executed within ten (10) calendar days of receipt, without written extension by the Owner otherwise, shall constitute an irregularity and deemed grounds, at the Owner's option, for rejection and forfeiture of the Bid

Deposit or at the Owner's option, for the deduction on a day-for-day basis from the time allotted for completion of the work under Section B-21.

If the Contractor is a firm or company owned by an individual, the Agreement shall be executed in the name of the firm or company by the manual signature of the individual or sole proprietor.

If the Contractor is a partnership, the Agreement shall be executed in the name of the partnership by the manual signature of partner or partners.

If the Contractor is a corporation, the Agreement shall be executed in the name of the corporation and shall bear the corporate seal. It may be signed for the corporation by the president and attested by the corporate secretary; if signed for the corporation by any other officer than the president, the signature of such officer signing shall be attested by the secretary, and the executed

Agreement shall be accompanied by a duly authenticated document bearing the seal of the corporation, quoting the section of the by-laws of the corporation authorizing the Board of Directors to designate such officer and copy of the resolution designating and authorizing him to execute on behalf of the corporation. That document must contain a statement that the authority is in effect on the date of the execution of the Agreement, and may not be dated earlier than the date of the execution of the Agreement. The same officer may not execute the Agreement and authenticate the document of authority.

Performance Bond & Labor and Material Payment Bond

These bonds shall be executed on behalf of the Contractor in the same manner and by the same person who executed the

Agreement. A Notice to Proceed will not be issued to the Contractor until all bonds have been received and approved by the

Contract Management Branch.

C-4 CONTRACTOR'S INSURANCE

The Contractor shall not commence any work in connection with this Agreement until he has obtained all of the following types of insurance and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved.

All insurance policies shall be with insurers qualified and doing business in Florida through an authorized licensed Florida

Resident Agent, and shall include:

Worker’s Compensation Insurance

The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor.