F4005 Non Technical Specifications 3RD AD.pdf

Contract # F4005 Financial Project # 444755-7-52-01; 444755-7-32-01; 450056-2-52-01

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

(Facilities & Grounds)

FIXED CAPITAL OUTLAY

NON-TECHNICAL

SPECIFICATIONS

- FOR -

BUILDING CONSTRUCTION

CONTRACTS

LEVEL 1: $35,000 or less LEVEL 2: $35,000.01; not exceeding $65,000 LEVEL 3: $65,000.01; not exceeding $200,000 LEVEL 4: $200,000.01; not exceeding $500,000 LEVEL 5: Exceeding $500,000

Effective Date: August 31, 2016 (All previous versions are obsolete)

State of Florida

DEPARTMENT OF TRANSPORTATION

Financial Project Number: 444755-7-52-01; 450056-2-52-01

Project Name: PALM BEACH OPERATIONS CENTER -WEST PALM

BEACH, GENERATOR INSTALLATION

Project Address: 7900 FOREST HILL BLVD, WEST PALM BEACH, FL 33413

County: PALM BEACH

NON-TECHNICAL SPECIFICATION

TABLE OF CONTENTS

SECTION A – INSTRUCTIONS TO BIDDERS

A-1 Definitions

A-2 Bidder Qualification Requirements A-3 Familiarity With Laws A-4 Florida Products and Labor A-5 In-State Preference A-6 Taxes A-7 Alternates A-8 Addenda A-9 Interpretation of Bid Documents A-10 Examination of Bid Documents A-11 Basis for Bidding – Trade Names A-12 Preparation / Submission of Bids A-13 Notice of Intellectual Property Interests A-14 List of Subcontractors A-15 Withdrawal of Bids A-16 Disqualification of Bidders A-17 Receipt and Opening of Bids A-18 Disqualification of Bids A-19 Rejection of Bids A-20 Notice and Protest Procedures A-21 Determination of Successful Bidder A-22 Notice to Secure and Pay for Utility Connections:

Notice to Proceed;

and Time of Completion (Substantial and Final) A-23 Liquidated Damages A-24 Permits A-25 Bid Guaranty A-26 Surety Companies Acceptable to State A-27 Subcontractor Data A-28 Minority Business Enterprise (MBE) Utilization A-29 Scrutinized Companies

SECTION B – CONDITIONS OF THE CONTRACT

B-1 Order of Documents B-2 Execution of Contract Agreement and Bonds

B-3 Contractor’s Insurance B-4 Verification of Owner’s Survey Data B-5 Construction Facilities B-6 Project Drawings (Copies Furnished to Contractor) B-7 Project Drawing - Changes B-8 Inspection – All Projects B-9 Shop Drawings B-10 Reference to A.S.T.M. or Federal Specifications B-11 Manufacturer’s Specifications B-12 Approval of Materials B-13 Substitutions B-14 Construction Climate Control B-15 As-Built Drawings B-16 Guarantees and Operating Instructions B-17 Cleaning B-18 Public Notice B-19 Modifications to AIA Document A201 Articles, 1997 Edition B-20 Changes in the Work, Delays, Time Extensions, and Claims B-21 Progress Payments B-22 Final Payment B-23 Exclusion of Owner from Liability – Indemnity B-24 Prohibited Materials

B-25 Use of Materials and Commodities Produced by Prison Industries - Pride

SECTION B – INSTRUCTION TO BIDDERS (CON’T)

B-26 Claims and Disputes B-27 Harmony B-28 Termination for Cause or Mutual Agreement B-29 Termination for Convenience B-30 Contractor’s Payment Rights B-31 Public Entity Crime Information Statement B-32 Assignment B-33 Discrimination Clause B-34 Unauthorized Aliens B-35 Performance Bond and Labor and Material Payment Bond B-36 Construction Schedule B-37 Duties of the Architect-Engineer’s Responsibilities B-38 Contractor’s Representation (Experience Questionnaire and Financial Statement) B-39 Contractor’s Work Force B-40 Contractor’s Project Supervision B-41 Drug-Free Workplace B-42 Compliance with Laws B-43 Scrutinized Companies

SECTION C – SPECIAL CONDITIONS

C-1 Water C-2 Electricity C-3 Initial Construction Conference C-4 Site Security C-5 Architect-Engineer’s Field Office C-6 Telephone C-7 Project Sign

SECTION A

INSTRUCTIONS TO BIDDERS

A-1 DEFINITIONS

The following terms, when used in the Non-Technical Specifications, have the following meaning:

ADDENDA:

Any additions or revisions to the Non-Technical Specifications, Technical Specifications, or Bidding Documents issued prior to bid opening.

ADVERTISEMENT:

The public announcement, inviting bids for work to be performed or materials to be furnished, usually issued as an “Invitation to Bid”.

AGREEMENT:

The written contract between OWNER and CONTRACTOR covering the work; other Contract Documents are attached to or referred in the Agreement. All such documents shall be deemed to be a part of the Agreement for all purposes.

ARCHITECT-ENGINEER:

The Design Professional registered in the State of Florida, who develops criteria and concept for the project, performs the analysis, and is responsible for the preparation of the contract plans and specifications. The Architect-Engineer may be an employee of the Owner or a consultant retained by the Owner.

ASBESTOS:

Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

AWARDS (SELECTION) COMMITTEE:

The Awards Committee shall be appointed by the Assistant Secretary or designee for Central Office Projects, and by the District Secretary or designee for District Projects, and will consist of at least three voting members, of which at least two are equivalent to a Director’s level.

BID:

The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted.

BID BLANK:

The form attached to the front of an awarded contract which identifies the bidder, financial project number, calendar days, contract number, total contract sum, date of execution, etc.

BIDDER:

An individual, firm, partnership, or corporation submitting a bid proposal for proposed work.

BID GUARANTY:

The security furnished by the bidder as guaranty that the bidder will enter into the contract for the work if the Owner accepts the proposal.

BID PROPOSAL:

The offer of a bidder to perform work and furnish the labor and materials at the prices quoted using the Owner’s prescribed form.

BONDS (Performance Bonds and Materials & Labor Bonds):

The security furnished by the Contractor and the surety as a guaranty that the Contractor will fulfill the terms of the contract in accordance with the plans, specifications, and other contract documents, and pay all legal debts pertaining to the construction of the project.

BUILDING OFFICIAL:

Permitting Office Official from Local Building Authorities.

CALENDAR DAY:

Every day shown on the calendar, ending or beginning at midnight.

CHANGE ORDER:

The Contractor or Owner shall respectively be entitled to an increase or decrease in the contract sum when conditions of the work described in the contract are changed, resulting in greater or less cost or time.

CONTRACT AGREEMENT:

Contract Agreement is the document executed by both the Contractor and the Owner.

CONTRACT DOCUMENTS:

The written agreement between the Owner and Contractor setting forth the obligations of the parties thereto, including, but not limited to, the performance of the work, the furnishing of labor and materials, and the basis of payment. The Contract Documents shall include the advertisement, proposal, non-technical and technical specifications, plans, contract agreement, contract bond, Notice to Proceed to mobilize on site and to proceed with construction, incorporated portions of A1A Document A-201, addenda, any change orders required, and if necessary, technical and non-technical special provisions, to complete the project in an acceptable manner.

CONTRACT LEVELS (Increments of contract dollar value based on estimated cost of the contract):

LEVEL 1-Contract Sum Agreement of $35,000 or less LEVEL 2-Contract Sum Agreement of $35,000.01-$65,000 LEVEL 3-Contract Sum Agreement of $65,000.01-$200,000 LEVEL 4-Contract Sum Agreement of $200,000.01-500,000 LEVEL 5: Contract Sum Agreement exceeding $500,000

CONTRACT LETTING:

The date the Owner opens the bid proposals.

CONTRACT TIME:

The number of calendar days allowed for completion of the contract work, including authorized time extensions. When a calendar date of completion is stipulated in lieu of a number calendar days, the contract shall be completed by such calendar date.

CONTRACTOR:

The bidder awarded and executed a contract to perform work or to furnish materials for the Owner.

DESIGN PACKAGE:

The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner’s requirements for the Project, such as design objectives and constraints, scope of services, specifications, space, capacity and performance requirements, flexibility and expandability, which show or describe the character and scope of, or relate to, the Work to be performed or furnished as which have been prepared by the Owner.

HOLIDAYS:

Days designated in Section 110.117, Florida Statutes, which include, but are not limited to: New Year’s Day, Martin Luther King’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and the following Friday, and Christmas Day.

LAWS and REGULATIONS:

Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.

MAINTENANCE:

The upkeep, preservation of condition, or the sustaining of operation of a facility, building, portion of building, utility, parking lot, structure, or real property.

NON-TECHNICAL SPECIFICATIONS:

Non-Technical Specifications is the document titled "Building Construction Contract, Non-Technical Specifications” complete with all exhibit attachments thereto, and incorporated Articles from the AIA Document A201 entitled "General Conditions of the Contract for Construction" -1997 Edition, as modified herein.

NOTICE TO PROCEED:

A written notice given by Owner’s Project Manager to the Contractor authorizing the Work to begin and fixing the date on which the Contract Time will commence to run.

OWNER:

Florida Department of Transportation

OWNER’S PROJECT MANAGER:

The Owner’s authorized representative identified as project manager throughout the Contract Document.

PLANS:

The approved plans, including reproduction thereof, showing the location, character, dimensions, and details of the work to be done.

PROHIBITED HAZARDOUS MATERIALS:

Prohibited hazardous materials include asbestos-containing materials, lead, cadmium, beryllium or other Federal or State prohibited hazardous materials.

PROJECT:

Any facility, building, portion of building, utility, parking lot, structure, or other improvement to real property requiring construction, renovation, repair, modification, or demolition.

REPAIRS:

Restoration to an acceptable original state of a decayed, broken, deteriorated, or demolished facility, building, portion of building, utility, parking lot, structure, or other real property.

RESPONSIVE BIDDER:

Contractor who has submitted a bid proposal conforming to all materials in respect to the invitation to bid or request for proposal.

RESPONSIBLE BIDDER:

Contractor with the capability in all respects to fully perform the contract requirements, and the integrity and reliability to assure good faith performance.

SPECIAL INSPECTOR (Threshold Buildings) Inspectors registered and licensed by the Department of Business Professional Regulation to perform inspections on Threshold Buildings. These services are required by the Florida Building Code.

SPECIAL PROVISIONS:

Any additions or revisions setting forth additional or varying conditions from the Non-Technical / Technical Specifications for a specific project.

STATE:

State of Florida.

SUBSTANTIAL COMPLETION:

The term "Substantial Completion" shall mean the project under the contract is sufficiently completed in accordance with the Contract Documents, with all life safety and code items connected and operating correctly, so 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.

SURETY:

The corporate body which is bound by the contract bond and for the Contractor and which agrees to be responsible for acceptable performance of the work for which the contract has been made and for payment of all debts pertaining thereto.

TECHNICAL REVIEW COMMITTEE (TRC):

TRC consists of the Contracts Administrator, FCO Coordinator, and Project Manager, who shall review the bids and determine the lowest responsive bidder. The TRC shall forward its recommendation to the Awards (Selection) Committee for making a determination in award or non-award of the FCO Project.

TECHNICAL SPECIFICATIONS:

Technical Specifications for a specific project are prepared, signed and sealed by the Architect-Engineer and then included in the contract documents.

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.

VALID BID:

A bid submitted by a qualified responsible bidder in response to the bid documents. Owner determines validity of the bid.

WORK:

All labor, materials, and incidentals required for the design and construction of the improvement for which the contract is made, including superintendence, use of equipment and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the Contractor of its obligations under the contract. Unless otherwise specified herein or in the contract, all costs of liability and performing the work shall be at the Contractor’s expense.

WORKING DAYS:

All weekdays that state offices are open for business, unless specified otherwise in a non-technical special provision.

A-2 BIDDER QUALIFICATION REQUIREMENTS

NOTE: Prequalification requirements for submitting a bid and contract award are identified below (see Section A-1 for definition of “Contract Level”). Failure of the Bidder to strictly meet and follow these qualification requirements may result in bid rejection or disqualification of contract award.

There are two steps in qualifying to perform construction of State projects, one of which is prequalification for submitting a bid, and the second is prequalification for contract award:

Prequalification for submitting a bid (all Contract Levels, regardless of dollar amount):

A. Current state contractor license certification or registration as required under Florida Statutes.

B. Current corporate charter registration - if the potential

Bidder is a domestic (Florida) corporation, or has authority to transact business in Florida, if the potential Bidder is a foreign (non-Florida) corporation, as may be required by Florida law.

C. On projects requiring a Contractor with specific expertise and experience, the Owner may include additional prequalification requirements relative to demonstrated performance of similar work, similar size and complexity, and possession or availability of facilities or equipment needed to performance of the work identified for the project.

D. For bids exceeding $100,000, a bid proposal guarantee of 5% of the bid amount must accompany the bid proposal, or the bid shall be deemed non-responsive and rejected. Bid proposal guarantee may be in the form of a certified check, cashier’s check, treasurer’s check, bank draft, or bid bond. No bid proposal guarantee is required for bids less than $100,000.

Bids are to be accepted only from potential Bidders who have prequalified in accordance with above items A, B, C, and D, as applicable, and as set forth in the Invitation to Bid. To participate in the bid process, each potential Bidder shall be prequalified by the Owner for the specific field or area of construction based on the Bidder’s experience, financial resources and area of license or certification as identified in the Invitation to Bid.

Each potential Bidder will be notified by the Owner to which it applied for prequalification of its eligibility or ineligibility to submit bids. Any Bidder or potential Bidder that is determined to be ineligible because of failure to provide evidence of the minimum requirements will not be qualified to submit a bid.

Each potential Bidder notified of its eligibility may submit a bid at the time and place designated in the bidding documents as long as the Bidder is qualified and eligible to perform the work required by the bidding documents.

Prequalification for contract award:

All Contract Levels, regardless of the dollar amount, require:

A. Satisfactory compliance with bid prequalification criteria, as applicable (see above).

B. Bidder shall provide prior to the Owner’s execution of the construction contract, evidence of insurance in effect that is equal to or exceeds the limits and types of coverage required by the bidding document.

C. If specific expertise and experience are required (as mentioned earlier in this section and also identified in the Invitation to Bid), the Bidder must provide documentation of the specific expertise and experience its staff possesses to perform a project requiring unique or specialized capabilities.

Additional requirements for award of projects with bids exceeding $100,000 are:

A. On projects where the bid exceeds $100,000, unless such requirement has been waived by the Owner and identified in the Invitation to Bid, the Bidder must provide within two (2) working days of being notified it is the lowest responsive qualified Bidder, evidence of ability to provide the necessary performance and payment bonds for the project by providing a letter of intent to provide a 100 percent (100%) Performance Bond and a 100 percent (100%) Labor and Material Payment Bond from a surety company authorized to do business in the State of Florida by the Department of Insurance, and meeting the financial and performance rating required by the bid documents.

For contract amounts not exceeding $500,000, the provisions of Section 287.0935, Florida Statutes, shall govern.

B. On projects exceeding $200,000 the lowest responsive Bidder must provide within seven (7) working days of being notified it is the lowest responsive qualified bidder, a completed "Experience Questionnaire and Contractor's Financial Statement".

The Contractor's financial condition must demonstrate that adequate liquid assets and equipment are available to properly perform this project as follows:

The value of liquid assets must be no less than one-twentieth (1/20) of the amount of the base bid. Liquid assets shall include cash, stocks, bonds, pre-paid expenses, and receivables, but shall not include the value of equipment.

C. Familiarity with local conditions - On projects exceeding $200,000, unless waived by the Owner for good cause, the Contractor must agree to establish or have an active office, or an ongoing project located within 300 road miles of the project site.

D. Work Force - On projects exceeding $500,000, the

Contractor must agree to perform not less than fifteen percent (15%) of the project management and construction work utilizing its own employees.

E. Firm Experience - On projects exceeding $500,000, the Contractor must have successfully completed not less than two projects of similar size and complexity within the last three years, unless otherwise identified in the Invitation to Bid (ITB).

F. Supervisor - On projects exceeding $500,000, the

Contractor must agree to provide field (on-site) supervision (through a named superintendent for each of the general, concrete forming and placement, masonry, mechanical, plumbing, electrical, and roofing trades, either through the use of its employees, or in the instance of mechanical, plumbing, electrical, and roofing trades, through the use of employees of the subcontractor. In addition, the Contractor shall assign and name a qualified employee to provide scheduling direction to the entire project. Supervisory employees (including field superintendents, foremen, and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of a substantially equivalent level on a similar project for at least two years within the last five years unless otherwise identified in the Invitation to Bid (ITB). The Contractor shall include a resume of experience for each of those employees identified to supervise each trade, and for scheduling, with its submittal of the “Experience Questionnaire and Contractor’s Financial Statement”.

The firm determined by the Owner to have submitted the lowest responsive bid must complete and submit the above required qualification data, as applicable. The Owner will evaluate all data submitted within fourteen (14) days of receipt and determine whether or not the firm is a qualified Bidder.

Should the Bidder be judged unqualified, the bid will be rejected and the next lowest responsive bid will be given seven (7) working days to submit its qualification data.

A-3 FAMILIARITY WITH LAWS

The Contractor is required to be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Ignorance on the part of the Contractor will in no way relieve the Contractor of this responsibility.

A-4 FLORIDA PRODUCTS AND LABOR

The Contractor shall comply with Section 255.04, Florida Statutes, which requires that Florida products and labor shall be used on public building contracts where price & quality are equal.

A-5 IN-STATE PREFERENCE

The Contractor is required to give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. The term “substantially equal qualifications” means the qualifications of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by the other person or persons. The Contractor must contact the Agency for Workforce Innovation to post the Contractor’s employment needs in the state’s job bank system. No contract shall be let to any person refusing to execute an agreement containing the aforementioned provisions, in accordance with Chapter 2010-147, Florida Law. The Design/Build firm shall utilize their own employees for 15% of Management and Work.

A-6 TAXES

Although the Owner is not subject to the Florida Sales and Use Tax, any Contractor who purchases materials or services to be used in the construction of state owned buildings will not be exempt from tax on these materials and services as required by Section 212.08(6), Florida Statutes:

There are also exempt from the tax imposed by this chapter sales made to the United States Government, a state, or any county, municipality or political subdivision of a state when payment is made directly to the dealer by the governmental entity……This exemption does not include sales of tangible personal property made to contractors employed either directly or as agents of any 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.

The Contractor is liable for all taxes assessed against it with regard to the work done or materials furnished pursuant to the Contract Documents. The Owner is not subject to:

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

B. Federal Tax on transportation of property.

The Owner will furnish 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 for purchased materials that will be incorporated into the contracted work.

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

A-7 ALTERNATES

If the Owner wishes to know 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 such a manner that the Bidder shall be able to clearly indicate what sums the Bidder will add to, or deduct from its Base Bid.

A-8 ADDENDA

When the Owner and/or Architect-Engineer finds it necessary to supplement, modify, or interpret any portion of the Bid Documents during the bidding period, such procedure will be accomplished by the issuance of written Addenda to the Bid Documents which will then be mailed, transmit electronically or faxed to all prospective Bidders.

A-9 INTERPRETATION OF BID DOCUMENTS

No interpretation of the meaning of the Drawings, Specifications, or other Bid 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 submitted, in writing, and addressed to the Project Manager. All such interpretations and supplemental instructions will be in the form of written Addenda to the Bid Documents.

Only the interpretation or correction so given by the Owner 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 Bid Documents.

A-10 EXAMINATION OF BID DOCUMENTS

AND WORKSITE

Bidders are required, before submitting their proposals, to visit the proposed worksite during the period established by the owner 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.

Bidders are also required to examine carefully any Drawings, Specifications, and other Bid Documents to inform regarding any and all conditions themselves thoroughly and requirements that may in any manner affect the work.

A-11 BASIS FOR BIDDING - TRADE NAMES

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

A-12 PREPARATION / SUBMISSION OF BIDS

Each Bidder shall complete the Proposal Form indicating the bid prices thereon in the appropriate spaces for the Base Bid and alternates on which bids are being made. Any erasure or other correction in the proposal may be explained or noted over the signature of the Bidder.

The Contractor’s Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed in any measure to the substance of the Contractor’s Proposal development, have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to, disclosure of any: issued patents, copyrights, or licenses; pending patent, copyright or license applications;

and any intellectual property rights that though not yet issued, applied for or intended to be pursued, could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future.

This notice requirement does not extend to intellectual property rights as to stand-alone or integral components of the Proposal that are already on the Department’s Approved Product List (APL) or Design Standard Indexes, or are otherwise generally known in the industry as being subject to patent or copyright protection.

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 address of the Bidder and state whether it is a sole proprietorship, corporation, partnership, or other specified business entity. The bid must be submitted in a sealed envelope, clearly marked on its face:

"SEALED BID - FINANCIAL PROJECT

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 subsequently 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 shall be returned to the Bidder.

A-13 NOTICE OF INTELLECTUAL PROPERTY

INTERESTS

The Contractor’s Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed in any measure to the substance of the Contractor’s Proposal development, have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to, disclosure of any: issued patents, copyrights, or licenses; pending patent, copyright or license applications;

and any intellectual property rights that though not yet issued, applied for or intended to be pursued, could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future.

This notice requirement does not extend to intellectual property rights as to stand-alone or integral components of the Proposal that are already on the Department’s Approved Product List (APL) or Design Standard Indexes, or are otherwise generally known in the industry as being subject to patent or copyright protection.

A-14 LIST OF SUBCONTRACTORS

NOTE: For contracts exceeding $200,000, the List of

Subcontractors Form shall be required.

However, the Owner’s Project Manager shall also have the option to require the List of Subcontractor Form on projects below $200,000, if deemed to be in the best interest of the State. (See Section A-1 for “Contract Level” definition.)

In order that the Owner may be assured only qualified and competent subcontractors will be employed on the project, each Bidder shall submit with its bid proposal a complete list of subcontractors who will perform the work for each Division of the Specifications by utilizing the List of Subcontractors Form. On this form, the Contractor, is responsible for identifying, if applicable, whether the subcontractor is a certified or non-certified Minority Business Enterprise (MBE) contractor. However, whether or not the subcontractor is an MBE shall in no way influence the bid selection, order of acceptance, or cause rejection of a bid. The Bidder shall have determined to its complete satisfaction that a listed subcontractor has been successfully engaged in the particular type of business for a reasonable length of time, has successfully completed installations comparable to that which is required by this Contract Agreement and is qualified both technically and financially to perform that pertinent phase of this work for which he/she is listed. Only one subcontractor shall be listed for each phase of the work.

Any Bidder who lists a subcontractor not certified and/or registered by the State to perform the work of the required trade, if such certification or registration is required for the trade by Florida law, 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.

A-15 WITHDRAWAL OF BIDS

Any time prior to bid opening, bids may be withdrawn by the

Bidder submitting a written or fax request to do so. However, negligence on the part of the Bidder in preparing the bid confers no right for withdrawal of the bid after it has been opened.

A-16 DISQUALIFICATION OF BIDDERS

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.

A-17 RECEIPT AND OPENING OF BIDS

NOTE: Level 1 contracts require verbal quotes from at least 2 business entities. Level 2 and 3 contracts require that at least 3 business entities are requested to submit a bid and the bids to be publicly opened and read aloud.

There are no statutory requirements to advertise Contract Levels 1, 2, or 3. However, advertisement is authorized if the Owner’s Project Manager determines it to be in the best interest of the State. Statutory requirements for advertising Contract Levels 4 and 5 contracts are as follows: Level 4 contracts require advertisement in the Florida Administrative Weekly at least 21 days before letting, and Level 5 contracts require advertisement in the Florida Administrative Weekly at least 30 days before letting, as well as, advertisement in a local newspaper at least 30 days once before letting and 5 days before, if applicable, the pre-bid meeting. Both Levels 4 and 5 require sealed proposals be requested, publicly opened, and the bids read aloud. (See Section A-1 for “Contract Level” definition.)

Bids that require public bid opening shall be read aloud (see above note) at the time and place stated in the Bid Documents. The person whose duty it is to open bids will decide when the specified time has arrived and that no bids received thereafter will be considered. No responsibility will be attached to the Owner or any person for the premature opening of a bid not properly addressed and identified. No fax bids will be accepted. Each bid must carry the original signature of the individual authorized to sign the bid on behalf of the firm submitting the bid.

A-18 DISQUALIFICATION OF BIDS

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

A-19 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-5.008 and 60D-5.0091, Florida Administrative Code, if the lowest qualified bid exceeds the project construction budget.

A-20 NOTICE AND PROTEST PROCEDURES

NOTIFICATION:

A. Bid Solicitation: The Owner shall provide notice of its decision or intended decision concerning a bid solicitation by advertising for bids and distribution of bid documents.

B. Contract Award: The notice of a decision or intended decision on contract award or bid rejection shall be given by posting the Bid Tabulation at the location identified in the advertisement. In the event the Notice of Intent cannot be posted in this manner, all bidders will be notified.

PROTEST:

A. Any person who is adversely affected by the

Owner's decision or intended decision shall file with the Department of Transportation, Clerk of Agency Proceedings, Office of General Counsel, 605 Suwannee Street, MS 58, Tallahassee, Florida 32399-0450, a notice of protest in writing within 72 hours, excluding Saturday, Sunday, and State holidays, after receipt of the bid documents if the protest is directed toward the bid 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.

B. Thereafter, a formal written protest by petition in compliance with Sections 120.569 and 120.57, Florida Statutes, and Rule Chapter 28-110, Florida Administrative Code, must be filed with the Department of Transportation, Clerk of Agency

Proceedings, Office of General Counsel, 605 Suwannee Street, MS 58, Tallahassee, Florida 32399-0450, within ten (10) days after the date the notice of protest was filed.

C. 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 Owner's decision or intended decision will be considered abandoned unless renewed within the time limit provided for protests.

OWNER ACTION

A. 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. 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.

B. 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 seven (7) days, excluding Saturday, Sunday, and State holidays.

C. 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 shall schedule an informal proceeding pursuant to Section 120.57(2), Florida Statutes, and Rule Chapter 28-110, Florida Administrative Code.

D. If there is a disputed issue of material fact, the protest shall be referred to the Division of Administrative Hearings of the Department of Administration, State of Florida, for a formal proceeding pursuant to Sections 120.57(1) and 120.569, Florida Statutes.

A-21 DETERMINATION OF SUCCESSFUL

BIDDER

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. An award of contract will be made to the responsive Bidder, determined to be qualified 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 responsive bid will be determined as follows:

A. The lowest bid will be the bid from the responsive

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

B. On projects whose Bid 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 Bid Documents.

A-22 NOTICE TO PROCEED, SECURE AND PAY

FOR UTILITY CONNECTIONS; AND TIME

OF COMPLETION (SUBSTANTIAL AND

FINAL)

The contract will be issued to the Contractor after it is signed.

At that time, the Contractor will be given a Notice to Proceed.

The contract time will begin the day the Notice to Proceed is sent to contractor.

The Contractor is allowed thirty (30) calendar days from the time of this notice to secure and pay for those required permits and utility connections, if such connection fees are required before construction can start. Special permits such as tree removal, Water Management District, Dept. of Environmental Regulation, septic tank, demolition, etc., may be necessary before construction can start. These special permits may be obtained by the contractor prior to the issuance of the building permit. Work under specialty permits may begin when the specialty permit is obtained by the contractor. Work on the building cannot begin until the building permit has been obtained except as permitted under a specialty permit. 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 work to be performed under this contract shall be commenced within ten (10) calendar days after date of Notice to Proceed shall be substantially completed within 180 calendar days after the date of this Notice to Proceed and shall be finally completed within 10 calendar days after the date of substantial completion. Time is of the essence as to each and every obligation under this contract.

A-23 LIQUIDATED DAMAGES

Inasmuch as failure to complete the project within the specified timeframe 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 within the specified time indicated in Section A-21, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, $__676.00 for each and every calendar day elapsing between the date fixed for substantial completion and the date such substantial completion shall have been fully accomplished. It is also hereby agreed that if this project is not finally completed, in accordance with the requirements of the Contract Documents, the Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, as indicated below. Said liquidated damages shall be payable in addition to any excess expenses or costs payable by the Contractor to the Owner, and shall not exclude the recovery of damages by the Owner under other provisions of the Contract Document. This provision of liquidated damages for delay shall in no manner affect the Owner's right to terminate the contract. The Owner's exercise of the right to terminate shall not release the Contractor from its obligation to pay said liquidated damages as follows:

Original Contract Amount-Daily Charge Per Calendar Day $50,000 and under -------------------------------------------------$554 Over $50,000, but less than $250,000-------------------------$676 $250,000, but less than $500,000------------------------------$994 $500,000, but less than $2,500,000--------------------------$1216 $2,500,000, but less than $5,000,000-----------------------$2106 $5,000,000, but less than $10,000,000----------------------$3218 $10,000,000, but less than $15,000,000--------------------$3182 $15,000,000, but less than $20,000,000--------------------$7614 $20,000,000 and over - $7614, plus 0.00027% for any amount over $20 million

The Owner is entitled to completion of the project within the time specified in Section A-21, 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 for cause prior to completion, the Contractor shall be liable to the Owner for the expenses for additional managerial and administrative services and also for the per diem liquidated damages agreed above: 1) for each day the Contractor is in arrears in its work at the time of said termination as determined by the Architect-Engineer, or Owner, 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 effect 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, 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.

A-24 PERMITS

The Contractor is obligated to obtain and pay for all required building permits including site and environmental from state and local authorities having jurisdiction for construction of this project including State Fire Marshal.

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 its bid proposal. Unless otherwise agreed to in writing by the Owner and Contractor, the Notice to Proceed will be issued to Mobilize and to proceed with Construction as provided in Section A-21.

A-25 BID GUARANTY

NOTE: If the bid amount is less than $100,000, no bid guaranty is required, however, if the bid amount exceeds $100,000, a 5% bid guaranty of the bid amount must accompany the bid proposal, or the bid shall be deemed non-responsive and rejected.

On projects where the base bid, and the sum of all additive alternates exceed $100,000, a five percent (5%) bid guaranty shall accompany the bid proposal. The bid guaranty shall be in the form of a certified check, cashier's check, treasurer's check, bank draft, or bid bond made payable to the Owner.

Such check or bid bond shall be submitted with the understanding that it shall guaranty the Bidder will not withdraw the bid for a period of forty (40) days after the scheduled closing time for the receipt of bids; and that if the bid is accepted, the bidder 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 failure to execute the Contract Agreement and give said bonds within ten (10) calendar days after the Bidder received notice of acceptance of its bid, the Bidder shall be liable to the Owner for the full amount of the bid guaranty as representing the damage to the Owner on account of the default of the Bidder in any particular hereof.

Bid guaranties shall be returned to all except the two apparent lowest qualified Bidders after the formal opening of bids. The remaining bid guaranties will be returned to the two lowest Bidders after the Owner and the accepted Bidder have executed the Contract Agreement and the performance bond and labor and material payment bond have been approved by the Owner. If the required Contract Agreement and bonds have not been executed within forty (40) calendar days after the date of the bid opening, the bid guaranty of any Bidder will be returned upon request, provided the Bidder has not been notified of the acceptance of its bid prior to the date of such request.

A-26 SURETY COMPANIES ACCEPTABLE TO

STATE

NOTE: If the bid amount is less than $100,000, no bid guaranty is required. If the bid amount exceeds $100,000, a bid guaranty of 5% of the bid amount must accompany the bid proposal, or the bid shall be deemed non-responsive and rejected. If the total contract sum is $100,000 or less, no Performance Bond or Materials and Labor Bond is required. If the contract sum exceeds $100,000, a Performance Bond of 100% and Labor and Materials Bond of 100% shall be required. If increases are made to the original contract sum, the Contractor shall also furnish the Owner with additional bonding equivalent to the increases.

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 sum 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.

Contract Policy Required Amount Holder’s Financial Rating Rating____ Up to 1,000,000 A- CLASS I

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

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

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

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

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

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

2. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding 10 percent (10%) 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 by the State of Florida, Department of Insurance to do business in this state has been met.

b. In the case of the surety insurance…