NKB A-wing Switchgear & D-wing PDU - Specs.pdf

Administered by:

DEPARTMENT OF MANAGEMENT SERVICES

Constructed for:

Department of Highway Safety and Motor Vehicles

NKB A-Wing Switchgear Replacement & D-Wing PDU / UPS / Surge Protection

Upgrades Neil Kirkman Building

HSMV02425040

Project Specifications

100% Construction Documents September 5, 2025

MFE – Specification Index Index - 1

INDEX

Bidding Requirements & Conditions:

Supplementary Terms and Conditions Notice to Bidders – Prequalification to Submit Bid Advertisement to Bid Sample - Contractor Proposal and Subcontractor List General Terms and Conditions

Sample - Contract Forms:

Exhibit 1 – Agreement between Owner and Contractor Exhibit 2 – Performance Bond Exhibit 3 – Labor & Material Payment Bond Exhibit 4 – Owner’s Certificate of Partial Payment Exhibit 5 – Contractor’s Affidavit of Contract Completion Exhibit 6 – Contractor’s Minority Business Status Report of Partial Payment

Non-Technical Specifications:

Section 01 00 05 – General Requirements Section 01 00 10 – Summary of Work Section 01 00 40 – Coordination Section 01 03 40 – Submittals Section 01 03 70 – Schedule of Values Section 01 07 00 – Contract Closeout

Technical Specifications:

Section 26 00 00 – Electrical General Provisions Section 26 05 00 – Basic Electrical Materials and Methods Section 26 05 05 – Electrical Selective Demolition Section 26 05 30 – Raceway Systems Section 26 27 13 – Service and Distribution Section 26 05 13 – Medium Voltage Cables Section 26 12 19 – Transformers – Pad-mounted Section 26 24 13 – Low Voltage Switchgear Section 26 26 00 – Power Distribution Units

MFE – Specification Index Index - 2

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Construction Contract Project Manual for the

NON-TECHNICAL SPECIFICATION

SECTIONS OF DIVISION ONE

LEVELS 4 & 5

(Level 4 - $200,000 - $500,000) (Level 5 – Over $500,000)

Revised AUGUST 2019 (All previous revisions are obsolete)

DEPARTMENT OF MANAGEMENT SERVICES

REAL ESTATE DEVELOPMENT AND MANAGEMENT

4050 Esplanade Way, Suite 315 Tallahassee, Florida 32399

Form: DBC-5152A

HSMV 02425040

NKB A-WING SWITCHGEAR REPLACEMENT & D-WING PDU /

UPS / SURGE PROTECTION UPGRADES

NEIL KIRKMAN BUILDING

TALLAHASSEE, FLORIDA

TO BE CONSTRUCTED FOR:

Department of Highway Safety and Motor Vehicles

2900 Apalachee Parkway Tallahassee, Florida, 32399

CONTRACT ADMINISTERED BY

Department of Management Services

4050 Esplanade Way, Suite 315 Tallahassee, Florida, 32399

DATE ISSUED: September 5, 2025

ARCHITECT / ENGINEER

McGinniss & Fleming Engineering, Inc.

820 East Park Avenue, Suite I-200 Tallahassee, Florida 32301

SUPPLEMENTARY TERMS AND CONDITIONS

September 5, 2025

HSMV02425040

NKB A-Wing Switchgear Replacement & D-Wing PUD / UPS / Surge Protection Upgrades, Neil Kirkman Building, Tallahassee, Florida

OWNER: Department of Highway Safety and Motor Vehicles

ARCHITECT/ENGINEER: McGinniss & Fleming Engineering, Inc.

This document forms an integral part of the Request for Proposal Documents and the Contract Documents. The receipt of this document must be acknowledged in the space provided on your Proposal. This General Terms and Conditions are hereby modified as follows:

1. SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES: Section C-7 is amended in part as follows:

This Project is to be substantially complete within 365 calendar days after the date of the Notice to Proceed.

This date may be extended only in accordance with the Contract Documents. If the project is not substantially completed by the required date, liquidated damages shall be assessed at the rate of $100 per calendar day.

2. ELECTRICITY. All electricity for light and power necessary during power outages for the construction shall be provided by the Contractor. He shall make all necessary arrangements for this service and perform the work required.

3. INITIAL CONSTRUCTION CONFERENCE. Immediately prior to starting construction or as soon as possible after the construction has started, the Owner's Project Director will arrange a meeting with the Design Professional, State Agency that will occupy the project, General Contractor, Federal Representatives if involved and other interested parties. The purpose of this meeting shall be to discuss requirements and responsibilities of the various parties involved with the objective of expeditious handling of the construction contract. The Owner's Project Director will chair this meeting.

4. OFFICE LOCATION. Contractor must have active office within 300 miles of job site.

5. EXPERIENCE QUESTIONNAIRE. Contractor must submit Experience Questionnaire and Conditions of Award (Form CM01) within 7 working days of low bid award. Document (CM01) can be downloaded from the DMS website.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL OTHER TERMS AND CONDITIONS OF THE BIDDING

DOCUMENTS AND CONTRACT DOCUMENTS REMAIN UNCHANGED.

[END]

Date Issued:

A/I Initials:

NOTICE TO BIDDERS

The following General Terms and Conditions and the Supplemental Terms and Conditions are part of the bidding and contract process for construction projects in excess of $200,000. These non-technical documents are designed to (i) ensure compliance with applicable laws, (ii) protect the State’s interests, and (iii) make the contracting process easier for all parties. Please review carefully all sections in the non-technical specifications including the following items:

1. All Bidders must submit a bid bond with their bid proposal if the bid exceeds $100,000.00.

For details please refer to Section B-11 of the General Terms and Conditions.

2. All Bidders must prequalify with the Department of Management Services, Division of Real

Estate Development and Management as outlined in Section B-1 of the General Terms and Conditions. For a Contractor to Pre-Qualify with the Department of Management Services (DMS), Division of Real Estate Development and Management, the following items are required PRIOR to the submittal of a bid:

a. Request for Pre-Qualification submitted on Company letterhead.

b. Copy of the Company’s Corporate Registration from the Florida Department of State

(SunBiz.org).

c. Copy of Company’s current State Contractor’s and Business License with the

Department of Business and Professional Regulation Construction Industry Licensing Board.

d. E-Mail Address for Company’s Contact Person.

e. Verification the Company has registered in My Florida Marketplace (screenshot):

https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarket place/mfmp_vendors

Please send requested items to:

REDM Pre-Qual Department of Management Services Real Estate Development and Management 4050 Esplanade Way, Suite 315.4X Tallahassee, Florida 32399-0950 Phone: 850-413-9588 Email: redmprequalification@dms.fl.gov

NOTE: A letter confirming Pre-Qualification with DMS will be e-mailed to the

Contractor upon approval of the above requirements. Please submit a copy of confirmation letter with submitted bids and proposals, when applicable.

DMS Website Address:

http://dms.myflorida.com/business_operations/real_estate_development_management

3. Technical Prequalification: All Bidders must prequalify regarding technical capabilities.

The following items are required for Contractor’s Prequalification:

1. Provide a listing of two (2) similar switchboard projects completed within the past three (3) years.

a) Description of the Installation/Contractor’s Responsibilities https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors https://www.dms.myflorida.com/business_operations/state_purchasing/myfloridamarketplace/mfmp_vendors mailto:redmprequalification@dms.fl.gov http://dms.myflorida.com/business_operations/real_estate_development_management

b) Contract amount (list the portion the Contractor’s was responsible for, rounded to nearest $1000.00)

2. Provide a listing of two (2) projects where medium voltage cable terminations were completed within the past three (3) years.

a) Description of installation and termination type

b) Name of employee responsible for terminations

Submit technical prequalification materials to: Brian Wallace, McGinniss & Fleming Engineering, Inc, 820 East Park Avenue, Suite I-200, Tallahassee, Florida, 32301, Phone:

850-681-6424, Email: bwallace@mfe-inc.com

4. Criminal History Background Checks must be obtained for all employees and agents of the

Contractor and its subcontractors, their agents and employees, and all other persons performing any of the work under a contract to the Contractor working within buildings or facilities either owned or managed by the Department of Management Services. Details of this responsibility are outlined in Article C-38 of the General Terms and Conditions.

Additional instructions can be found at the website listed below. Background checks shall be Level 2 for this project and include CJIS approval.

5. All Bidders are responsible for the cost of insurance and bonds. Please refer to Sections

C-1 through C-3 of the General Terms and Conditions for required types of insurance and Exhibits 2 and 3 to review the requirements on the bond forms.

6. Proposal Form may be obtained from the Architect-Engineer or from the Department of

Management Services website at the link shown below.

7. Samples of all Forms required by the Department of Management Services are shown in this document. Please refer to the website shown below to obtain current copies of these forms.

http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_document s mailto:bwallace@mfe-inc.com http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_documents http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_documents http://dms.myflorida.com/business_operations/real_estate_development_management/building_construction/forms_and_documents

DMS Form AE05 Revised 7/2015

ADVERTISEMENT TO BID CONSTRUCTION

PROPOSALS ARE REQUESTED FROM QUALIFIED ELECTRICAL CONTRACTORS BY THE DEPARTMENT OF MANAGEMENT SERVICES HEREINAFTER REFERRED TO AS OWNER, FOR THE PROJECT REFERENCED BELOW:

PROJECT NO: HSMV-02425040

PROJECT NAME & LOCATION: NKB A-Wing Switchgear Replacement & D-Wing PDU / UPS / Surge Protection Upgrades, Neil Kirkman Building, Tallahassee, Florida

ESTIMATED CONSTRUCTION COST: $2,216,309

MANDATORY DEPARTMENT OF MANAGEMENT(DMS) SERVICES PREQUALIFICATION: Each bidder whose field is governed by Chapter 399, 455, 489, and 633 of the Florida Statutes for licensure or certification must submit pre-qualification data of their eligibility to submit bid proposals five (5) calendar days prior to the bid opening date. If bidder has been previously prequalified by the Department of Management Services for the current biennium (September 1 through August 31) of even numbered years, please verify pre-qualification is still valid. Prequalification requirements are outlined in the Non-Technical Specification Instruction to Bidders under Article B-2 "Bidder Qualification Requirements and Procedures". Please call (850) 413-9588 for information on requirements for pre-qualification with the Department of Management Services.

After the bid opening, the low bidder may be required to provide additional financial and bidding qualifications in accordance with Florida Administrative Rule 60D-5.004. These requirements are outlined in the Non-Technical Specifications Instruction to Bidders under Article B-22 "Qualifications for Award of Contract".

PUBLIC ENTITY CRIME INFORMATION STATEMENT: Under section 287.017 Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services and/or construction or repair of a public building or public work and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity for a period of 36 months from the date of being placed on the convicted vendor list.

DISCRIMINATION; DENIAL OR REVOCATION FOR THE RIGHT TO TRANSACT BUSINESS WITH PUBLIC ENTITIES: Under section 287.134(2) Florida Statutes, entities or affiliates who have been placed on the State of Florida’s discriminatory vendor list may not submit a bid or proposal on this contract.

COOPERATION WITH THE INSPECTOR GENERAL: Pursuant to section 20.055(5), Florida Statutes, the bidder who is awarded the contract and its subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing.

BID BOND: If the Base Bid or the Base Bid plus the sum of any alternates exceed $100,000, the bidder shall enclose a certified check, cashier's check, treasurer's check, bank draft or Bid Bond in the amount of not less than five percent (5%) of the Bid, payable to the Owner as a guarantee for the purpose set out in Instructions to Bidders. (Failure to submit a bid bond will result in disqualification)

PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: If the construction contract award amount exceeds $100,000.00, a Performance Bond and a Labor and Material Payment Bond will be required and will be issued with the award of contract.

PRE-BID MEETING:

Date and Time: Thursday, September 18, 2025 at 10:30 a.m. (Eastern Standard Time).

Place: Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, FL 32399. (Meet in the front lobby at main entry near reception desk)

SEALED BIDS WILL BE RECEIVED, PUBLICLY OPENED AND READ ALOUD ON:

Date and Time: Tuesday, October 14, 2025 at 2:00 p.m. (Eastern Standard Time).

Place: Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, FL 32399. (Meet in the front lobby at main entry near reception desk)

NOTE: Sealed bids must be delivered to Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, FL 32399, by date and time above.

DMS Form AE05 Revised 7/2015

PROPOSAL: Bids must be submitted in full in accordance with the requirements of the Drawings, Specifications, Bidding Conditions and Contractual Conditions, which may be examined and obtained from the:

ARCHITECT-ENGINEER: McGinniss & Fleming Engineering, Inc., 820 East Park Avenue, Suite I-200, Tallahassee, Florida 32301 TELEPHONE: 850-681-6424 ext. 5#

Electronic documents in PDF format can be made available free upon request. (email engineer for electronic documents at:

bwallace@mfe-inc.com)

DISABILITY ACCESS: Pursuant to the provisions of the Americans with Disabilities Act according to 286.26 Florida Statues, any person requiring special accommodations to participate in this meeting/bid opening is asked to advise the agency at least 48 hours before the meeting by contacting Brian Wallace at 850-681-6424 ext. 5#. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

CONTRACT AWARD: The Notice of Award Recommendation will be posted on the Vendor Bid System and DMS Opportunities website at http://www.myflorida.com/apps/vbs/vbs_www.main_menu within 72 hours (business day) after the bids are opened. In the event that the Bid Tabulation and Notice of Award Recommendation cannot be posted within this time frame, then all bidders will be notified by e-mail or fax when the award is posted. If no protest is filed per Section B-19 of the Instructions to Bidders, "Notice and Protests Procedures", the contract will be awarded to the qualified, responsive low bidder in accordance with Rule 60D- 5 by the Owner.

http://www.myflorida.com/apps/vbs/vbs_www.main_menu

DMS Form CM09 Revised 1/13 1

(SUBMIT IN TRIPLICATE ON CONTRACTOR'S LETTERHEAD)

Contractor Proposal and Subcontractor List

(Insert Date)

(Insert Time)

TO:

Ladies and Gentlemen:

The undersigned, hereinafter called "Bidder", having visited the site of the proposed project and familiarized himself with the local conditions, nature and extent of the work, and having examined carefully any drawings or specifications, the Form of Agreement, and other Contract Documents with the Bond Requirements therein, proposes to furnish all labor, materials, equipment and other items, facilities, and services for the proper execution and completion of NKB A-Wing Switchgear Replacement & D-Wing PDU / UPS / Surge Protection Upgrades, Neil Kirkman Building, HSMV, in full accordance with any drawings and specifications prepared by the firm of McGinniss & Fleming Engineering, Inc.; 820 East Park Avenue, Suite I-200, Tallahassee, FL 32301; 850-681-6424, in full accordance with the advertisement for bids, General Terms and Conditions, Agreement and all other documents relating thereto on file in the office of the Architect/Engineer and if awarded the contract, to complete the said work within the time limits specified for the following bid price:

Base Bid: $ (Dollars)

With foregoing as a Base Bid, the following costs of alternate proposals are submitted in accordance with the drawings and specifications.

Alternate No. 1 Add or Deduct $ (Insert Dollar Amount) Alternate No. 2 Add or Deduct $ (Insert Dollar Amount) Alternate No. 3 Add or Deduct $ (Insert Dollar Amount)

If more or less work is required than that qualified by the specifications and drawings, the following unit prices shall be applicable:

1. Item: Unit Price:

2. Item: Unit Price:

(If this section is not applicable it may be left out).

The Bidder hereby agrees that:

a. The above proposal shall remain in full force and effect for a period of sixty (60) calendar days after the time of the opening of this proposal and that the Bidder will not revoke or cancel this proposal or withdraw from the competition within the said sixty (60) calendar days.

b. If the Base Bid or the Base Bid plus the sum of any alternates exceed $100,000, the bidder shall enclose a certified check, cashier's check, treasurer's check, bank draft or Bid Bond in the amount of not less than five percent (5%) of the Bid, payable to the Owner as a guarantee for the purpose set out in Instructions to Bidders. (Failure to submit a bid bond will result in disqualification).

c. In the event the contract is awarded to this Bidder, they will enter into a formal written Agreement with the Owner in accordance with the accepted bid within ten (10) calendar days after said contract is submitted to the bidder. If the Base Bid

DMS Form CM09 Revised 1/13 2 or the Base Bid plus the sum of any alternates exceed $100,000, Bidder will furnish to the Owner a Contract Performance Bond and a Labor and Material Payment Bond with good and sufficient sureties, satisfactory to the Owner, in the amount of 100% of the accepted bid, the form of which is shown by Exhibits to the General Terms and Conditions and which shall fully comply with Section 255.05, Florida Statutes. The Bidder further agrees that in the event of the Bidder's default or breach of any of the agreements of this proposal, the said bid deposit shall be forfeited as liquidated damages.

Acknowledgement is hereby made that this proposal includes required permit fees as directed in Section B-4, Permits.

Acknowledgement is hereby made of receipt of the following addenda issued during the bidding period.

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Florida Construction Industries Licensing Board Certification.

Holder: (Insert Name of Holder) Certificate No: (Insert Certificate No.)

In witness whereof, the Bidder has hereunto set his signature and affixed his seal this (Insert Day) day of (Insert Month) (Insert Year).

(SEAL)

By:

Title:

DMS Form CM09 Revised 1/13 3

Proposal Form Continued

LIST OF SUBCONTRACTORS

(Submit in triplicate on the Bidder's letterhead, place in a sealed envelope and attach to Bidder's proposal.)

(Insert Date)

THIS LIST IS ATTACHED TO, AND IS AN INTEGRAL PART OF THE BID SUBMITTED BY:

Bidder’s Name:

Bidder’s Address:

FOR THE CONSTRUCTION OF:

Project Number:

Project Name:

THE UNDERSIGNED, HEREINAFTER CALLED "BIDDER", LISTS BELOW THE NAME OF EACH SUBCONTRACTOR WHO WILL PERFORM THE PHASES OF THE WORK INDICATED. FAILURE OF THE BIDDER TO SUPPLY SUFFICIENT INFORMATION TO ALLOW VERIFICATION OF THE CORPORATE, AND DISCIPLINE LICENSE STATUS

OF THE SUBCONTRACTOR MAY DEEM THE BID AS BEING NON-RESPONSIVE.

SUBCONTRACT/TRADE NAME OF SUBCONTRACTOR

1.

2.

3.

4.

5.

By (Signature)

JULY 2015 I

GENERAL TERMS AND CONDITIONS

For Level 4 & 5 Construction Contracts with the State of Florida

(Projects over $200,000)

TABLE OF CONTENTS

PAGE

GENERAL TERMS AND CONDITIONS

SECTION A DEFINITIONS

SECTION B BIDDING CONDITIONS

B-1 PREQUALIFICATION TO SUBMIT A BID

B-2 FAMILIARITY WITH LAWS

B-3 FLORIDA PRODUCTS AND LABOR

B-4 PERMITS

B-5 TAXES

B-6 ALTERNATES

B-7 ADDENDA

B-8 INTERPRETATION OF BIDDING DOCUMENTS

B-9 EXAMINATION OF BIDDING DOCUMENTS AND WORKSITE

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 SUBCONTRACTOR DATA

B-16 WITHDRAWAL OF BIDS

B-17 DISQUALIFICATION OF BIDDERS

B-18 RECEIPT AND OPENING OF BIDS

B-19 DISQUALIFICATION OF BIDS

B-20 REJECTION OF BIDS

B-21 DETERMINATION OF SUCCESSFUL BIDDER

B-22 PREQUALIFICATION FOR AWARD OF THE CONTRACT

B-23 NOTICE AND PROTEST PROCEDURES

SECTION C CONTRACT CONDITIONS

C-1 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

C-2 EXECUTION OF AGREEMENT AND BONDS

C-3 CONTRACTOR'S INSURANCE

C-4 NOTICE TO SECURE PERMITS AND UTILITY CONNECTIONS; NOTICE TO PROCEED

C-5 PUBLIC NOTICE

C-6 TIME OF COMPLETION AND LIQUIDATED DAMAGES

C-7 CONSTRUCTION SCHEDULES

C-8 VERIFICATION OF OWNER'S SURVEY DATA

C-9 CONSTRUCTION SITE AND FACILITIES

C-10 DRAWINGS, SPECIFICATIONS, ETC. – COPIES, CHANGES, OWNERSHIP

C-11 SHOP DRAWINGS

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

C-13 MANUFACTURER'S SPECIFICATIONS

C-14 TESTS AND INSPECTIONS

JULY 2015 II

TABLE OF CONTENTS

PAGE

C-15 APPROVAL OF MATERIALS

C-16 PROHIBITED MATERIALS - ASBESTOS

C-17 ITEMS PRODUCED BY PRISON INDUSTRIES-PRIDE

C-18 SUBSTITUTIONS

C-19 CONSTRUCTION CLIMATE CONTROL

C-20 AS-BUILT DRAWINGS

C-21 GUARANTEES AND OPERATING INSTRUCTIONS

C-22 CHANGES AND DELAYS IN THE WORK

C-23 PROGRESS PAYMENTS

C-24 FINAL PAYMENT

C-25 LATE PAYMENT RIGHTS

C-26 DUTIES OF CONTRACTOR

C-27 DUTIES OF ARCHITECT/ENGINEER'S REPRESENTATIVE

C-28 DUTIES OF OWNER'S CONSTRUCTION REPRESENTATIVE

C-29 HARMONY

C-30 CONTRACTOR’S EXPERIENCE AND FINANCIAL STATEMENT

C-31 ESTABLISHMENT OF A LOCAL OFFICE

C-32 CONTRACTOR'S SUPERVISION OF PROJECT

C-33 CONTRACTOR'S WORK FORCE

C-34 UNAUTHORIZED ALIENS

C-35 APPRENTICES

C-36 PUBLIC ENTITY CRIME INFORMATION STATEMENT

C-37 DISCRIMINATION, DENIAL OR REVOCATION FOR THE RIGHT TO TRANSACT

BUSINESS WITH PUBLIC ENTITIES

C-38 CRIMINAL BACKGROUND CHECKS

C-39 ELECTRONIC MAIL CAPABILITIES

C-40 TERMINATION OR SUSPENSION OF THE AGREEMENT

C-41 CLAIMS AND DISPUTES

C-42 EXCLUSION OF OWNER FROM LIABILITY

C-43 MISCELLANEOUS AIA DOCUMENT PROVISIONS

C-44 INTERPRETATION OF DOCUMENTS; ORDER OF PRIORITY

C-45 ASSIGNMENT OF ANTITRUST CLAIMS

C-46 EMPLOYMENT OF STATE RESIDENTS AND POSTING OF JOB OPENINGS

C-47 COOPERATION WITH THE INSPECTOR GENERAL

EXHIBITS

EXHIBIT 1 AGREEMENT FORM

EXHIBIT 2 PERFORMANCE BOND FORM

EXHIBIT 3 LABOR AND MATERIAL PAYMENT BOND FORM

EXHIBIT 4 CERTIFICATE OF PARTIAL PAYMENT

EXHIBIT 5 CONTRACTOR'S AFFIDAVIT OF CONTRACT COMPLETION FORM

EXHIBIT 6 CONTRACTOR’S STATUS REPORT OF MINORITY & DISABLED VETERAN'S BUSINESS ENTERPRISE

JULY 2015 GENERAL TERMS AND CONDITIONS Page 1

GENERAL TERMS AND CONDITIONS

SECTION A – DEFINITIONS

Whenever the following terms (or pronouns which replace these term s ) are used in the Contract Documents, their intent and meanin g s h all b e interpreted as follows:

AGREEMENT:

The document entitled "Agreement Between Owner and Contracto r" in the form attached as Exhibit 1. The Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements. The Agreement may be amended only by a Modification.

AIA DOCUMENT

The American Institute of Architects Document A201, General

Conditions of Contract for Construction – 1997 edition. Where referenced, the terms of the AIA Document shall apply to this

Agreement as if written in full herein.

ARCHITECT/ENGINEER:

The Design Professionals (Architect/Engineer, Architect, Engineer or

Other) commissioned by Owner for the Project. The terms Architect o r

Architect/Engineer mean the Architect/Engineer and its authorized representative.

BIDDER:

Any individual, firm, partnership or corporation submitting a Pro p o sal for the Project.

BIDDING DOCUMENTS:

All documents provided by Owner or Architect/Engineer to Bid d er s in connection with the solicitation of bids for the Project, including (i) these

General Terms and Conditions; (ii) any Supplementary Terms and

Conditions; (iii) the plans, drawings and specifications for th e Pro ject;

and (iv) any Addenda issued pursuant to Section B-7.

CHANGE ORDER:

A written document prepared by Architect/Engineer and signed by

Owner stating their agreement on (i) a change in the work r eq u ir ed o n the Project; (ii) the amount of adjustment in the Contract Sum, if any;

and (iii) the extent of an adjustment in the Contract Time, if any.

CONTRACT DOCUMENTS:

All documents to be incorporated into the Agreement, including (i) these

General Terms and Conditions; (ii) any Supplementary Terms and

Conditions; (iii) the plans, drawings and specifications for th e Pro ject;

(iv) any Addenda issued pursuant to Section B-7; (v) the Propos al; an d

(vi) any Modifications.

CONTRACT SUM:

The amount stated in the Agreement, which is the total amount pay ab le by Owner to Contractor for completing the Project.

CONTRACT TIME:

The period of time, including authorized adjustments, allotted in the

Contract Documents for Substantial Completion of the Project.

CONTRACTOR:

The successful Bidder who enters into the Agreement.

MODIFICATION:

A document issued after execution of the Agreement with the in ten t o f amending the terms thereof, including (i) a written amendment to the

Agreement signed by both parties, (ii) a Change Order, (iii) a written order for a minor change in work issued by the Architect/Engineer.

OWNER:

The state agency identified in the Bidding Documents and the

Agreement.

PROJECT:

The Project identified in the Bidding Documents and the Agreement.

PROPOSAL:

A bid to work on the Project, which the Bidder shall submit on approved forms.

SUBSTANTIAL COMPLETION:

"Substantial Completion" shall mean that the Project is sufficiently completed in accordance with the Contract Documents, so th at Own er can occupy or utilize the work or designated portions thereof for the u se for which it is intended, as expressed in the Contract Documen ts. Th e term "Substantial Completion" shall not mean the inclusion of such minor alterations and patching as the Final Inspection shall disclose.

JULY 2015 GENERAL TERMS AND CONDITIONS Page 2

SECTION B -- BIDDING CONDITIONS

B-1 PREQUALIFICATION TO SUBMIT A BID

Bidder qualification requirements and procedures are established by

Department rule (Rule 60D-5, Florida Administrative Code), and by th e

Bidding Documents. Failure of the bidder to strictly meet and follow all such requirements and procedures may result in bid rejection.

Mandatory Prequalification Requirements: Bidders who are r egu lated under Chapter 399, 455, 489, or 633, Florida Statutes will be prequalified to bid in that specific field of construction if th ey p ro vid e the Owner with evidence of:

(i). Current State Contractor license certification or registration as required under Florida Statutes

(ii) Current Corporate Charter registration if the potential bidder is a domestic (Florida) corporation, or if the potential bidder is a foreign

(non-Florida) corporation, or a limited partnership or limited liability company, with a current registration with the Florida

Department of State.

PLEASE NOTE:

Evidence of above requirements for prequalification should be provided to the Department of Management Services no later than five (5) calendar days prior to bid date. Failure to pre-qualify ma y result in disqualification of a bid. (Please call 850-413-9588 for instructions on prequalification with the Department of Management

Services).

Other Prequalification Requirements: Additional prequalificatio n m ay be requested for projects that require a contractor with specific expertise and experience. These requirements may be set forth in the Special

Terms and Conditions or may be required through pre-bid con ferences by the Agency or the Architect-Engineer.

B-2 FAMILIARITY WITH LAWS

Bidders are 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 it fro m responsibility.

B-3 FLORIDA PRODUCTS AND LABOR

Bidder'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-4 PERMITS

Bidders will be obligated to identify and obtain all necessary permits for the Project. Bidders shall include the cost of all such permits in its

Proposal. Such permits include but are not limited to the building permit, any plumbing, electrical, other internal system permits, an d an y connection permits, B-5 TAXES

Although Owner is not subject to the Florida Sales and Use Tax, any contractor who purchases materials and services, which will be u s ed 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 eith er 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."

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 wo rk , which are subject to Federal Excise Tax, Owner will furnish to contractor the necessary Federal Excise Tax Exemption Certificate upon receipt of a copy of the supplier's invoice showing the item or items, th e net price, and Federal Excise Tax separately.

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

B-6 ALTERNATES

If Owner wishes to learn the relative or additional construction cost of an alternative method of construction, an alternative use or type of materia l or an increase or decrease in scope of the Project, these items will be defined as alternates and will be specifically described by th e Bid d in g

Documents. Alternates will be listed in the Proposal form in a m an n er that the Bidder shall be able to clearly indicate what sums they will ad d to (or deduct from) their Base Bid.

B-7 ADDENDA

In case the Architect/Engineer finds it expedient to supplement, mo d ify or interpret any portion of the Bidding Documents during the bidding period, such procedure will be accomplished by the issuance of wr itten

Addenda to the Bidding Documents, which will be delivered or m ailed to all prospective Bidders.

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 ambigu ity , inconsistency or error therein will be made to any Bidder orally. Ev ery request for such interpretation or correction shall be in writing, and addressed to the Architect/Engineer. All such interpretations and supplemental instruction will be in the form of written Addend a to th e

Bidding Documents.

Only the interpretation or correction so given by the Architect/Engin eer in writing shall be binding, and prospective Bidders are advised th at n o other source is authorized to give information concerning, or to ex p lain or interpret, the Bidding Documents.

B-9 EXAMINATION OF BIDDING DOCUMENTS AND WORKSITE

JULY 2015 GENERAL TERMS AND CONDITIONS Page 3

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 m ay in an y manner affect the work to be performed and the equipmen t, m ateria ls 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.

The Owner is presumed to be the owner of all drawings and specifications, and Contractor may not use those documents ex cep t as authorized herein or in Article 1.6 of the AIA Document ( ”Own ers hip and Use of Drawings, Specifications and Other Instruments of Service”).

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 its Proposal on the particular system, equipment or material specified. After the contract is let, other equipment mater ia ls, etc., as manufactured by other manufacturers may be accepted only if, in the opinion of the Architect/Engineer, same is equivalent in quality an d 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, the bid proposal shall be accompanied by a bid guarantee of not less than five (5) percent of the amount of the bid .

The bid bond may be a certified check, a cashier's check, treasurer's check, bank draft or Bid Bond made payable to Owner. If a bid bond is submitted, it must be signed by a Florida Licensed Resident Agent wh o holds a current Power of Attorney from the Surety Company issuing th e

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 (a) will not withdraw its bid for six ty (60) days after the scheduled date of opening of the bids; (b) will enter into a written contract with Owner in accordance with the form of Agreem en t attached as Exhibit 1 within ten (10) calendar days after receiving the executable copies, and (c) will diligently pursue the required

Performance Bond and Labor and Material Payment Bond and p ro vid e such bonds within twenty (20) calendar days after receiving the

Agreement. In the event Bidder fails to perform as described in the preceding sentence, the Bidder shall be liable to Owner for the full amount of the bid guarantee as representing the damage to Owner on account of the default.

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 Owner and the accepted Bidder have executed the

Agreement and the Performance Bond and Labor and Material Paymen t

Bond have been approved by Owner. If the required Agreement and

Bonds have not been executed within sixty (60) calendar days af ter th e date of the opening of the bids, then the Bid Bond or check of any

Bidder will be returned upon its request, provided it has not been notified of the acceptance of its 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:

1. The Surety Company shall have a currently valid Certificate of

Authority, issued by the State of Florida, Office of Insurance

Regulation, authorizing it to write surety bonds in the state.

2. 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.

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

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

5. If the Contract Award Amount exceeds $500,000, the Surety

Company shall have at least the following minimum ratings in th e latest issue of Best's Key Rating Guide:

Policy Required

Contract Amount ($) Holder's Rating Financial Rating

0 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

Further, the Surety Company shall not expose itself to loss o n an y o n e 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. The 10% maximum exposure requirement shall not apply to the reinsuring carrier provided authorization by the Florida Office of Insurance Regulation to do business in this state has been obtained.

(b) 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 also be deducted in determining the limitation of the risk.

B-13 PREPARATION AND SUBMISSION OF BIDS

Each Bidder shall submit its Proposal on Bidder’s letterhead u sin g th e proposal form supplied by Architect/Engineer and indicating its bid prices for the Base Bid and any alternates on which he bids. Any erasure or other correction in the proposal may be explained or noted o ver th e signature of the Bidder.

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

Each bid must show the full business address of the Bidder and state whether it is an individual, corporation or partnership. The bid should be submitted in triplicate in a sealed envelope. The envelo pe must be clearly marked on its face as follows:

"SEALED BID – STATE PROJECT NO. __________________"

Each Bidder must fill in the State Project Number and submit the bid prior to the time and the place specified in the Bidding Documents.

Sealed bid envelopes submitted by mail or by delivery service m u st b e delivered within a separate mail or delivery envelope, also marked

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"SEALED BID". Bids not delivered in sealed envelopes may be returned to the bidder.

B-14 LISTING OF SUBCONTRACTORS

In order that Owner may be assured that only qualified and co m peten t subcontractors will be employed on the Project, each Bidder shall submit in triplicate with its Proposal a list of the subcontractors who will perform the work for each Division of the Specifications utilizing the form supplied by Architect/Engineer. The Bidder shall have determined to its own complete satisfaction that a listed subcontractor has been successfully engaged in this particular type of business for a reasonab le length of time, has successfully completed installations co m parable to that which is required by this Agreement and is qualified both technically and financially to perform that pertinent phase of th is wo rk for which the subcontractor is listed. Only one subcontracto r s h all b e listed for each phase of the work.

Any Bidder who lists a subcontractor not certified and/or regis ter ed b y the State to perform the work of its 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 th e award of a contract, unless agreed to in writing by Owner.

B-15 SUBCONTRACTOR DATA

Within two (2) working days after bid opening, the apparent low bid d er shall submit to Owner's Project Manager the following for each subcontractor.

1. Complete name, address and phone number.

2. Corporate Charter Number. (If applicable)

3. License Number.

4. Name of record license holder.

B-16 WITHDRAWAL OF BIDS

Bids may be withdrawn by written request received from Bidders p r ior 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 af ter it h as been opened.

B-17 DISQUALIFICATION OF BIDDERS

More than one bid from an individual, firm, partnership, corporatio n o r association under the same or different names will not b e co n sid ered .

Reasonable grounds for believing that a Bidder is interested in more than one proposal for the same work will cause the rejection of all prop o sals in which such Bidders are believed to be interested.

B-18 RECEIPT AND OPENING OF BIDS

Bids will be opened publicly at the time and place stated in the Bid d in g

Documents. The officer whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. 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 out loud.

B-19 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. Falsificatio n of any entry made on the Proposal will be deemed a material bid deviation and will be grounds for rejection.

B-20 REJECTION OF BIDS

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

Code, or if the low qualified bid exceeds the Project construction budget.

If all bids are rejected, Owner may rebid the Project or pro ceed in an y other manner to commence work on the Project as authorized by law.

B-21 DETERMINATION OF SUCCESSFUL BIDDER

Award of contract will be made to the responsive bidder, determin ed to be qualified in accordance with the provisions herein an d m eetin g th e 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 Bidder th at h as submitted the lowest price for the base bid or the base bid plus the additive alternates or less the deductive alternates chosen by Owner to be included in or excluded from the proposed contract, taken in numer ical order listed in the bid documents. The order of the altern ates m ay b e selected by Owner in any sequence so long as such accep tance o u t o f order does not alter the designation of the low bidder.

2. On Projects where Bidding Documents provide for evaluation of the bids based on first cost and life cycle cost and performance criteria , th e 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 fo r th in the Bidding Documents.

B-22 QUALIFICATIONS FOR AWARD OF CONTRACT

Prior to being awarded a contract, a low Bidder will be required to satisfy the qualification requirements established in Rule 60D-5, Florida

Administrative Code. Failure to strictly meet and follow all such requirements may result in disqualification for contract award.

Generally, a low responsive Bidder must provide to Owner the following:

1. Within two (2) working days after the notice of the bid decision, evidence of Bidder’s ability to provide the necessary perfo rman ce an d payment bonds for the project by providing a letter of intent from a surety company meeting the requirements of Section B-11 above.

2. Within seven (7) working days after the notice of the bid d ecisio n, the bidder must provide, if requested: (a)a list of projects of similar size and complexity and their status for a period of thirty-six months prior to solicitation, (b)and a copy of the Bidder’s current financial s ta tem ent.

Owner shall have wide discretion to determine whether the Bidder’s experience and financial condition are adequate for the Project.

3. Prior to entering the Agreement, evidence of insurance in effect, equal to or exceeding the limits required in Section C-3 or other Contract

Documents.

Owner will have fourteen (14) days from receipt of each d ocu m en t to determine whether the Bidder is qualified for the contract award. Should the Bidder be disqualified, its bid will be rejected and the Bidder submitting the next low responsive bid will be given seven (7) wo rk in g days to submit its qualification data.

Other prequalification requirements may be set forth in the Special

Terms and Conditions.

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B-23 NOTICE AND PROTEST PROCEDURES

1. Notification.

(a) Bid Solicitation: Owner shall provide notice of its decision or intended decision concerning a bid solicitation by advertisin g fo r b id s and distribution of Bidding Documents.

(b) Contract Award: On contracts in excess of $35,000, notice of a decision or intended decision on contract award or bid rejection s hall be given by posting at the location where the bids were opened, by electronic posting or by direct communication to Bidders.

2. Protest.

(a) Any person who is affected adversely by Owner's decision o r intended decision shall file with Owner a notice of protest in writing within 72 hours, excluding Saturday, Sunday and State legal h o lid ay s , after (i) receipt of the Bidding Documents if the protest is directed toward the Bidding Documents, or (ii) notice of 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 Section 120.57, Florida Statutes, and Rule 28-110, Florida

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

(c) Failure to file a timely notice of protest or a timely formal written protest petition shall constitute a waiver of protest proceedin gs .

Any protest filed prior to posting of the bid tabulation or receip t o f th e notice of the agency decision or intended decision will be considered abandoned unless renewed within the time limit provided for protests.

3. Owner Action.

(a) Upon receipt of a notice of protest that has been timely filed , Owner shall delay the contract award process until the subject of the protest is resolved by mutual agreement between the parties or b y f in al

Owner action, unless 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 s ta ted 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 h as been timely filed, Owner shall attempt to resolve the protest b y m u tual agreement between the parties within 7 days, excluding Saturday, Sunday and legal 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, Owner may designate a Hearing Officer who shall conduct an in form al proceeding pursuant to Section 120.57, Florida Statutes. The qualifications of such designated Hearing Officer shall be: (i) a memb er in good standing of The Florida Bar; or (ii). a person knowledgeable b y virtue of practical experience of the procedures relating to soliciting an d 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 Owner.

(d) If there is a disputed issue of material fact, the protest shall be referred to the Division of Administrative Hearings of

Department of Management Services, State of Florida, for proceedings under Section 120.57, Florida Statutes.

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SECTION C -- CONTRACT CONDITIONS

C-1 PERFORMANCE BOND AND LABOR AND MATERIAL

PAYMENT BOND

On projects where the Contract Sum exceeds $100,000, Contractor shall furnish Owner with a 100% Performance Bond and 100% Labor and

Material Payment Bond written by a Surety Company acceptable to

Owner and authorized to do business in the State of Florida and s ign ed by a Florida Licensed Resident Agent. Contractor is required to furnish replacement bonds in the event of cancellation of the original

Performance Bond and Labor and Material Payment Bond. The Bo n d s shall be substantially in the form shown in Exhibits 2 and 3.

The cost of all Performance Bonds and Labor and Material Payment

Bonds shall be borne by Contractor. The Bonds shall be acco m pan ied by a duly authenticated or certified document, in duplicate, ev iden cing 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, conferrin g of that authority has occurred prior to the date of the Bond, and the document showing the date of appointment and enumeration of p o wers of the person executing the Bond is accompanied by a certificatio n th at 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 Bo n d s and the Bonds shall be dated the same date as the Agreement.

C-2 EXECUTION OF AGREEMENT AND BONDS

Contractor shall execute all required forms of the Agreement and retu rn…