PRE-BID MEETING February 2:00 p.m. DAYTONA STATE COLLEGE Daytona Beach Campus Hosseini Center Building 1200 Lobby

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1 ********************** INVITATION TO BID *********************** BID #: ITB ISSUE DATE: 02/15/2017 BID TITLE: B1200-Hospitality & Beverage Science Lab Remodel BID OPENING DATE & TIME: 2:00 pm CONTACT: Steve Selig seligs@daytonastate.edu PHONE NUMBER: Daytona State College Building 1200 Hospitality and Beverage Science Lab Remodel This solicitation additionally includes but is not limited to the Daytona State College Terms and General Conditions, and Instruction to Bidders located on the College s web site: PRE-BID MEETING February 2:00 p.m. DAYTONA STATE COLLEGE Daytona Beach Campus Hosseini Center Building 1200 Lobby This Bid is ONLY open to Daytona State College Pre-Qualified Contractors. A listing of Contractors currently Pre-Qualified with Daytona State College is located on the College s website at Each supplier desiring to be maintained in the College s computerized bidders list for future solicitations is requested to return this single form (only) when submitting a No Bid. No Bid Reason for submitting No Bid : Signature: Title: Company Name: Address: City: State: Zip Code: Phone:

2 SECTION I INVITATION TO BID Notice is hereby given that signed, sealed, and delivered bids for the B1200 Hospitality & Beverage Science Lab Remodel Project shall be received from qualified Florida Licensed Contractors by the Board of Trustees of Daytona State College (Owner), 1200 West International Speedway Boulevard, Daytona Beach, Florida 32114, no later than March 7, 2017 at 2:00pm, local time, for the work described in the plans and specifications for the project. (All bid proposals must be submitted to: Purchasing Department, Daytona State College, Building 1100, Room 123, 1100 Willis Avenue, Daytona Beach, Florida 32214, in duplicate (original and one (1) copy) and must be signed, sealed (corporate seal), and securely sealed in an envelope or suitable conveyance, and clearly marked on the outside to show the date and time, and must be designated as Bid for Daytona State College B1200 Hospitality & Beverage Science Lab Remodel Project : ITB # Bid proposals will be publicly opened and read aloud on March 7, 2017 at 2:00pm, local time, in Daytona State College Purchasing Department, Building 1100, Room 123, at 1100 Willis Avenue, Daytona Beach, Florida 32114, by officials of the College. The Owner reserves the right to accept or reject any or all bids, or parts thereof, or to waive informalities therein, accept or reject any bid /proposal or portion of a bid/proposal, or solicit best and final proposals, or issue request(s) for clarification/information, or to waive any informalities, or reject all proposals without further action, or re-advertise/re-solicit for bids/proposals, or reject all bids/proposals, as deemed in the Colleges best interests to accept other than the lowest bid when considered to be in the best interest of the Owner. Proposals received after the published time and date and incomplete proposals will not be accepted. Bidders may receive a set of bid documents and contract drawings with specifications from the project website: An must be sent to seligs@daytonastate.edu to request the password to view the documents. Only Pre-Qualified contractors will be given the password A pre bid conference will be held on February 17, 2017 at 2:00 p.m. local time, at the Daytona State College Daytona Beach Campus, Hosseini Center Building 1200 Lobby. END OF SECTION I

3 SECTION II INFORMATION TO BIDDERS 1. DEFINITIONS: A. The Bidding Documents include the Bid Scope Documents, the Construction Drawings and Specifications, including any Addenda issued prior to the receipt of Bids. B. The Bid Scope includes the Invitation to Bid, Information to Bidders, Description of the Work, Schedule of Drawings, Bid Form, and sample bidding, bond, and contract forms. C. The Contract Documents consist of the Agreement, the Conditions of the Contract (General Conditions of the Contract for Construction to the Standard Form of Agreement Between Owner and Contractor), the Construction Drawings and Specifications, all Addenda, and all modifications thereto. D. Addenda are written and graphic instruments issued by the Architect prior to the time of receipt of Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. E. A Bid is complete and properly signed, sealed, and notarized proposal to do the work for the sums stipulated, supported by data called the Bidding Documents. F. Base Bid is the sum for which the Bidder offers to perform the work described in the Bidding Documents as the Base. G. An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to, or deleted from, the amount of the Base Bid if the corresponding change in the project scope or materials or methods of construction is described in the Bidding Documents. H. A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials or services as described in the Bidding Documents or the Contract Documents. I. Where reference is made to the Architect, it shall mean the designated representative of Architect/Engineer: DLR Group, Inc., J. Where reference is made to the Owner, it shall mean the designated representative of Daytona State College. K. Wherever in the Specifications (or on the Drawings) there is a reference to the General Contractor or G.C. such reference shall be interpreted to mean the General Trades Contractor.

4 2. GENERAL INFORMATION TO BIDDERS: A. Plans and specifications will be available on the website. B. Addenda will also be posted at C. Those Bidders not following the above instructions may cause delay in securing Bidding Documents, and shall not hold the Architect or the Owner responsible for such delays. D. Submit a written request for clarification and questions to Steve Selig at , seligs@daytonastate.edu regarding the intent of the Bidding Documents no later than February 24, 2:00pm. Requests for clarifications shall be responded to by addendum. Any request received after this date may not be answered. E. Bid Proposals shall be on forms included in the Bid Scope Documents (Attachment I ). Bid security in the form of a Bid Bond or Cashier s Check, payable to the Board of Trustees of Daytona State College, in the amount of five (5) percent of the maximum Bid amount must accompany each Bid, and shall be submitted with the understanding that if the Bid is accepted, the Bidder will enter into a formal Contract with the Board of Trustees in accordance with the Agreement and the other required documents will be provided. Bidders shall agree not to withdraw their Bid proposal for a period of ninety (90) days after the date for receipt of Bids. Certificates of Insurance will be required of the successful Bidder in the amounts stated in the Supplement to General Conditions as well as a Performance and Payment Bond in the amount of 100% of the Contract Price. Each Bidder shall include in his Bid amount the cost of Bonds and Insurance. 3. METHOD OF BIDDING: A. The work of an individual Specification Section described in these documents is the sole responsibility of the General Contractor known herein as Contractor. The work of each is described in the Description of Work of each Specification and as noted on the drawings. B. Bids will only be accepted on the general contract for construction and not separate Specification Sections of the Work.

5 4. EXAMINE BIDDING DOCUMENTS AND SITE VISIT: A. The Bidder shall be held to have examined the premises and site so as to compare them with the Drawing and Specifications, and to have satisfied himself as to the condition of the premises, and obstructions, the actual levels, and all other work, necessary for carrying out the project before delivery of his proposal. The Bidder shall also acquaint himself with the character and extent of the Owner s and other Contractor s operations in the area of the work, so that he may make his construction plans accordingly. No allowances or extra payment will be made to a Contractor for, or on account of, costs or expenses occasioned by his failure to comply with the provisions of this paragraph, or by reason of error or oversight on the part of the Contractor, or on account of interference by the Owner or a Subcontractor s activities. B. Complete sets of Bidding Documents shall be used in preparing Bids. Neither the Owner, nor the Architect assumes any responsibility for errors, omissions, or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. The Owner or the Architect, in making copies of the Bidding Documents, Bid Scope Documents, and Contract Documents, does so only for the purpose of obtaining Bids on, or construction of, the Work and does not confer a license or grant for any other use. 5. PRE BID CONFERENCE: A. For the dissemination of information and clarification of intent of the Bidding Documents, a Pre Bid Conference will be held on February 17, 2017 at 2:00pm local time, at the Daytona State College Daytona Beach Campus, Hosseini Center, Building 1200 Lobby. B. Bidders shall submit to the Owner a list of questions and requests for clarification on or before February 24, 2017, at 2:00 p.m.. Requests will be responded to by Addendum. Verbal responses will not be considered binding on the College. 6. DISCREPANCIES, OMISSIONS OR INTERPRETATIONS: A. Bidders shall promptly notify the Owner of any ambiguity, inconsistency, or error which they may discover upon examination of the Bidding Documents or Contract Documents or of site and local conditions. Bidders requiring clarification or interpretation of Bidding Documents or Contract Documents shall make a written request to seligs@daytonastate.edu. Interpretations will not be made orally. B. Any interpretations, corrections, or change of Bidding Documents will be made by Addendum and issued to plan holders of record and posted on the website for the College. Interpretations, corrections, or changes of Documents made in any other manner will not be binding, and bidders shall not rely upon such interpretations, corrections, and changes. C. Addenda will be posted to the above mentioned project website and sent via to all bidders who signed in at the Pre-Bid.

6 D. All calls must go through Steve Selig ( ). This routing of calls is only to ensure orderly dissemination of information. All changes to the documents will be issued by addendum through Daytona State College. 7. BID PROPOSAL FORM: A. The Bidder, by submitting a Bid, represents that the Bidder has read and understands the Bidding Documents and the Bid is made in accordance therewith. B. Each Bid shall be submitted on the Bid Proposal Form (Attachment A ) with all blank spaces filled in. C. All interlineations, alterations, or erasures shall be initialed by the signer of the Bid. D. Fill in all spaces for Bid prices in both words and figures. In case of discrepancies, the amount shown in words will govern. Submit the Bid, the Bid security, and any other documents required to be submitted with the Bid, in a sealed opaque envelope. Indicate on the outside of the envelope the name of the Bidder, their address, the name of the project, and the Bid number. If forwarded by mail, enclose the sealed envelope containing the Bid in another envelope addressed as indicated with the added notation Sealed Bid Enclosed on the envelope face. E. All requested Alternates and Unit Prices shall be Bid. If no change in the Base Bid is required, enter No Change. Failure to comply with this requirement may result in rejection of the Bid. F. Make the Bid in the name of the principal, and if a partnership, give the names of the parties. Give the complete address. If Bids are submitted by an agency, provide satisfactory evidence of the agency authority. G. The Bid Proposal shall be signed, sealed and notarized by the person or persons authorized to bind the Bidder to the contract. H. The Bidder, by submitting his Bid, represents that he has read and acknowledges that the construction time frame is acceptable. The Bidder further acknowledges that his Bid is based upon the materials, system, and equipment required by the Bidding Documents without exception. I. Bids must be received at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by the Addendum. J. Oral, faxed, or telephone Bids are invalid and will not receive consideration. No Bids received after the time fixed for receiving them will be considered. Late Bids will be returned to the sender unopened. K. Provide a list of Subcontractors with their respective responsibilities with the Bid Proposal for the following items of work: (Attachment G )

7 8. BID SECURITY: A. The Bid Security shall pledge that the Bidder will enter into a contract with the Board of Trustees of Daytona State College for the amount stated in his Bid and will furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising hereunder. The Agent who signs the surety bond must file with the bond, a certified and effectively dated copy of his power of attorney in the State of Florida. B. Any bonding company submitting a Bid Bond and Performance and Payment Bond to the District Board of Trustees must be licensed in the State of Florida and must be countersigned by a resident Florida agent. C. Bid Security will be returned to successful Bidder after the contract agreement has been executed, and to each unsuccessful Bidder after the award is made. D. The Bid Security shall be made in favor of the Board of Trustees of Daytona State College and shall become their property in the event that the Bidder fails, within ten (10) days of notice of award, to execute the Contract Agreement, deliver the Performance and Payment Bond (for Bids $200,000 and above), and submit the required certificate of insurance and Post-Bid Information. The amount of the Bid Security may be retained by the Owner as liquidated damages, not as a penalty. E. Bond Forms approved for use on this project are included in the Bid Scope Documents. Forms required: Bid Bond and Performance and Payment Bond. 9. ADDENDA: A. All addenda issued during the time of bidding shall become part of the Bidding Documents, and receipt thereof shall be acknowledged on the Bid proposal. B. Each Bidder shall ascertain prior to submitting the Bid that the Bidder has received all Addenda issued. C. Addenda (if any ) will be posted to the website ALTERNATES: A. Each Bidder shall Bid on all Alternates listed in the Bid Proposal. They will be fully considered in awarding the Contract. B. Bids will be considered irregular, and may be rejected, if Alternates contained in the Bid Proposal are obviously unbalanced, in excess of, or below reasonable cost analysis values.

8 11. SALES TAX/DISCOUNTS: A. The Bidder shall include in his Bid Proposal all sales and use taxes on materials and equipment included in his Proposal which may be required by law. B. To enable the Owner to save tax dollars on the materials to be supplied by the Contractor (in excess of $5,000), the Contractor, upon request of the College, shall supply a complete listing of materials (including quantities, colors, a description of each item, and the cost of each item) to the Owner, and then the Owner may purchase the materials directly. A Change Order will be issued to release the appropriate dollars from the Contractor s Contract for the materials needed. See Certificate of Entitlement (Attachment J ) and Change Order Form (Attachment K ). When the materials or equipment are delivered, the Contractor will verify that the proper equipment or materials have been received and are in proper working condition (see Contractor s Certification of Receipt of Building Materials and Authorization to Pay Invoice form included in the Bid Scope Documents). When the Contractor approves the invoices for the materials, the Owner will pay the invoice. C. All discounts for prompt payment shall accrue to Owner to the extent the cost of the product is paid directly by Owner. The Contractor will be responsible for approving invoices for direct purchase materials in a timely manner. The failure to do so may result in Owner taking the discount and deducting the discount amount from the Contractor s Contract. The Contractor will pay all penalties incurred due to fault of the Contractor for late payment of cost of the project. 12. INSURANCE: The Contractor/Vendor shall purchase all necessary Workers Compensation Insurance, General Liability Insurance, Automobile Liability Insurance, and where applicable, Products Liability Insurance with the College being included as an additional named insured on the liability insurance policies including the Liability or Umbrella Policy. Certificates of Insurance on all such insurance coverage carried by the Contractor/Vendor shall be furnished to the College. Minimum limits for insurance to be provided shall be as follows: a. Public Liability and Property Damage Insurance: The Contractor shall purchase and shall require each of the sub-contractors to secure and maintain during the life of the sub-contract, insurance of the type specified herein or insure the activities of his/her subcontractors in his/her policy as specified. Commercial General Liability This policy must be on an occurrence basis, claims made forms are not acceptable. $1,000,000 Each Occurrence $ 100,000 Fire Damage (Any One Fire) $ 5,000 Medical Payments (Any One Person) $1,000,000 Personal & ADV Injury $2,000,000 General Aggregate $2,000,000 Products-Comp/OP Aggregate

9 Comprehensive Automobile Liability Insurance (including hired and non-owned vehicles, if any) in limits of One Million Dollars ($1,000,000) Combined Single Limit each accident. Excess Liability or Umbrella - $2,000,000 b. Worker Compensation Insurance: The Contractor/Vendor shall maintain during the life of this agreement, Workers Compensation Insurance for all employees connected with the work of this project. If any work is being sublet, the Contractor/Vendor shall require the subcontractor to provide Workers Compensation Insurance for all subcontractor employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers Compensation Statue, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the purchaser, for protection of his employees not otherwise protected. Workers Compensation Insurance in compliance with statutory limits, (F.S. 440): Employer s Liability Five Hundred Thousand ($500,000) each accident, Five Hundred Thousand ($500,000) Disease, each employee, Five Hundred Thousand ($500,000) Disease, policy limit. Waiver of Subrogation Endorsement Include Waiver of Subrogation applies. Certificates clearly evidencing that all of the above insurance coverage and limits are in force will be furnished to the College before any services are performed, at all renewal times, and will require written notification to the College at least thirty (30) days prior to any cancellation, termination, non-renewal, or modification. The words endeavor to and but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative should be omitted or lined out on the Certificate. All insurance will be with insurers authorized to do business in Florida. *All policies should be Occurrence Form only. *The policy number will be provided on all certificates. 13. RETAINAGE: Refer to General Conditions of the Contract for Construction Article 9 and Standard Form of Agreement Between Owner and Contractor Article 5, for a summary of retainage. Ten percent (10%) retainage will be withheld from all Progress Payments.

10 14. SUBSTITUTIONS: A. General Contractors (Bidders) wishing to obtain approval of an article, device, product, material, fixture, form, or type of construction other than specified or shown by name, make, or catalog number, shall make written request to the Architect timed so as to reach the Architect at least seven (7) days prior to the date of receipt of Bids. Such requests shall be accompanied by data supporting the claim to equality or equivalence, including a comparison of warranties. It is mandatory that the General Contractor submit a complete description of the proposed substitute, the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data, and any other data, samples or information necessary for a complete evaluation. Insufficient data will not be considered. 1. No substitutions from manufacturers will be accepted. 2. Warranty information is necessary for comparison. B. Approval by the Architect, if given, will be made by Addendum. Said approval will indicate that the additional article, device, product material, fixture, for or type of construction is approved for use insofar as the requirements of this Project are concerned. C. The General Contractor shall submit drawings and other descriptive data of any modification, or items of assemblies, necessary to provide approved compliance with requirements and compatibility with adjacent components. D. Bids shall not be based on assumed acceptance of any item which has not been approved by Addendum or specified herein. E. Under no circumstance will the Architect be required to prove that a product proposed for substitution is, or is not, equal or equivalent quality to the product specified. 15. WITHDRAWAL OR REVISION OF BID PROPOSALS: A. Any Bid Proposal may be withdrawn or revised in writing prior to the scheduled time for opening of Bid Proposals. B. A Bid may not be modified, withdrawn, or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and the Bidder so agrees in submitting his Bid. C. Prior to the time and date designated for receipt of Bids, Bids submitted early may be modified or withdrawn only by notice to the party receiving Bids at the place, and prior to the time, designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by . If by written confirmation over the signature, the notice must have been received on or before the date and time set for receipt of Bids. It shall be so worded as not to reveal the amount of the original Bid. D. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with this section, Information to Bidders.

11 E. Bid Security shall be in an amount sufficient for the Bid as modified or resubmitted. 16. ACCEPTANCE OF BID PROPOSALS: B. It is the intent of the Owner to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. 17. BONDS: The Contractor shall furnish the Owner and keep in force during the term of the Contract in compliance with Section , Florida Statutes, Performance and Payment Bond, guaranteeing that the Contractor will perform its obligations under the Contract and will pay for all labor and materials furnished for the Work. Such bonds shall be: (i) issued in a form and by a surety reasonably acceptable to Owner with a minimum rating by the most recent Best s Rating Classification of Class IV for Contract Sums more than $1,000,000 and less than $2,000,000 and Class VII for Contract Sums in excess of $2,000,000; (ii) submitted in a form as included in the Bid Scope Documents; (iii) name the Owner as obligee; (vi) shall be in an amount equal to at least 100% of the Contract Sum (as the same may be adjusted from time to time pursuant to the Contract); and, (v) contain a specific provision holding the surety liable for any consequential delay damages, liquidated or un-liquidated, caused by the Contractor s breach under the Contract. The Contractor shall file the bonds with the Facilities Planning Department of Daytona State College. The Contractor shall deliver the executed, approved bonds to the Owner simultaneously with the execution of the Agreement. Notwithstanding any provision of Florida Statutes or language of the bond, the statute of limitation for actions against the surety due to the alleged nonperformance (other than the delivery of labor and materials) of the Contractor shall be the same length of period as the statute of limitation for action against the Contractor. Any contract which is for $200,000 or less (including any such Alternates) may be exempted from executing the payment and performance bond 18. CONTRACT AGREEMENT FORM: The form that will be used for this contract agreement shall be the Standard Form of Agreement Between Owner and Contractor, where The Basis Of Payment Is A Stipulated Sum, DSC Edition, published herein for examination (Attachment R ). 19. POST BID INFORMATION: A. After the Bids are received, tabulated and evaluated by the Owner and the Architect, the apparent low Bidder shall meet with the Architect and the Owner for the purpose of determining any contract concerns. The Contractor shall provide the following information within five (5) days after the Bid opening: 1. Designation of Work to be performed by the Bidder with his own forces. 2. Complete detailed cost breakdown. This breakdown shall include separate line items for all mechanical work, all electrical work, and further a line item cost for

12 each section of the Specifications. Also, provide a Schedule of Values with unit costs for each major item. 3. The subcontractor s State of Florida license numbers, and the suppliers of principal items or systems of materials and equipment proposed for all trades. 4. Note: This information shall not be allowed to change during the course of the Work unless approved by the College. B. Within fifteen (15) working days after award of Contract, submit to the Architect a complete list of all items, products, and layouts for which shop drawings, brochures, or samples are required, and names of each Subcontractor or supplier. C. The Bidder will be required to establish, to the satisfaction of the Architect and the Owner, the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. D. Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. E. If the Owner or the Architect has reasonable objection to any such proposed person or entity, the Bidder shall submit an acceptable substitute person or entity with an adjustment in his Bid price, if any to cover the difference in cost occasioned by such substitution. F. The Owner may, at his discretion, accept the adjusted Bid price or he may disqualify the Bidder. In the event of either withdrawal or disqualification of the Bidder pursuant to this paragraph, Bid Security will not be forfeited. 20. SCHEDULING AND COMPLETION: A. Work shall be commenced on the date established in the Notice to Proceed and shall proceed in accordance with a schedule to be developed by the Contractor and presented to the Architect and the Owner. B. All work on the project shall commence no later than seven (7) days from the date of the Notice to Proceed, and be substantially complete on or before August 4, Final completion is to be achieved on or before 30 days from Substantial Completion. C. Time is of the essence for this Contract. D. LIQUIDATED DELAY DAMAGES: If the Contractor shall neglect, fail or refuse to complete the work within the time specified, then the Contractor shall pay to the Owner as liquidated damages for the delay of final completion, not as penalty, the amount of: (i) $ per calendar day from the contract date of substantial completion until the date the Architect issues the Certificate of Substantial Completion; plus (ii) $ per calendar day, during the punch list period, until the Final Completion Certificate is issued by the Architect.

13 (The damage calculation for the punch list period shall be done as follows: thirty-first (31 st ) day and thereafter, times $ per day until the Final Completion Certificate is issued by the Architect.) 22. TRENCH SAFETY ACT: Bid proposals, if needed, shall include written and notarized assurance with a reference to the Trench Safety Act that the Contractor performing trench excavation will comply with the applicable trench safety standards as required by law. (Attachment D ) 23. PUBLIC ENTITY CRIME: Bid proposals shall include written and notarized assurance of conformance with the Public Entity Crime Law. (Attachment E )

14 Attachment A BID PROPOSAL FORM ITB# Place of Business: Date of Bid Proposal Proposal of (herein after called Bidder) Doing Business as a Corporation/Partnership/Individual. (circle one) License No. State of Florida, and issued In the name of (Corporation/Partnership/Individual.) (circle one) TO: DISTRICT BOARD OF TRUSTEES DAYTONA STATE COLLEGE DAYTONA BEACH, FLORIDA The Bidder in compliance with your invitation for bids for construction of: DAYTONA STATE COLLEGE B1200 Hospitality & Beverage Science Lab Remodel Daytona Beach Campus having examined the Drawings, Project Manual, (Specifications), and Related Documents, including visiting the site for the proposed work, and informed (ourselves) (himself) fully and being familiar with all conditions surrounding the required Construction of the proposed Project including availability of materials and labor, hereby propose to furnish all materials, labor, and supplies and to Construct this Project in accordance with all Drawings, Specifications, and Related Documents, within the time limit and methods set forth herein, and at the prices stated below. These prices are to cover all expenses incurred and all of our overhead and profit in performing the work as required by the aforesaid Documents, of which this proposal is part of. Bidder further agrees to commence work under this Contract awarded to him on or before a date specified in written Notice to Proceed of the Owner and to Substantial Completion August 4, Bidder further agrees to reimburse the Owners the Sum of $ for each consecutive calendar day thereafter that the chiller is not substantially complete, not as a penalty, but as liquidated damages for preventing the Owner s right and availability to use the chiller and affected buildings after date stipulated herein.

15 The undersigned acknowledge receipt of the following Addenda. If no Addenda are received, include the word None in the blank spaces provided. Addendum No. Date Addendum No. Date Addendum No. Date The Bidder shall also submit with this Bid Proposal, fully executed copies of the following: Minority Outreach Efforts Statement (Attachment B ) Public Entity Crimes (Attachment E ) Non-Collusion Affidavit of Prime Bidder (Attachment F ) List of Designated Subcontractors Form (Attachment G ) The Bidder understands that the Owner reserves the right to reject any or all Bids, taking one Bid over the other, waive any irregularities or informalities in the Bidding, if it is in the Owner s interest to do so. The Bidder proposes and agrees to Contract with the Owner in the form of Agreement specified and to complete the construction of the above noted Project, in full and complete requirements of all Contract Documents prepared by: DLR Group 100 East Pine Street, Suite 400 Orlando, FL Bearing their Project No to the full and entire satisfaction of the Owner with a definite understanding that no money will be allowed for any extra work, except as set forth in the Contract Documents, including all Allowances as specified in various specification sections, for the sum of as: BASE BID: Dollars ($ ) ALTERNATE 1: Dollars ($ ) ALTERNATE 2: Dollars ($ )

16 The required Bid Deposit in the sum of (5% of Bid) $ is enclosed. (Must be in form of Bid Bond, Bank Draft, Cashier s Check, Certified or Treasurer s Check,) made payable to the DISTRICT BOARD OF TRUSTEES DAYTONA STATE COLLEGE DAYTONA BEACH, FLORIDA The Bid will remain open and in full force for a period of ninety (90) calendar days after the established time for bid opening. The Bid Deposit shall remain in force and shall be forfeited as liquidated damages in the event Bidder fails to provide the required Bonds or execute the Contract Agreement as specified below. If written notice of acceptance of this Bid is delivered or mailed to the undersigned Bidder within the time that the Bid remains in effect, Bidder shall within Ten (10) calendar days after notification, provide the prescribed Performance and Payment Bond and execute the Contract Agreement. In addition Bidder will provide prescribed evidence of insurance prior to start of work. Identification of Bidder: If a Corporation, state name, name of President and Secretary. If Partnership, state names of general partners authorized to sign. If Individual, give legal name of Bidder and full name of person authorized to sign. In witness thereof, the Bidder has hereunto set his signature and affixed his seal this day of, 20 (L.S) (Signature) (L.S.) (Title) Florida Construction Industries Licensing Certification. Name of Holder Certification (Seal, if Bid is by a Corporation (L.S.)

17 Attachment "B" Daytona State College Minority Outreach (W/MBE) Monitoring Program MINORITY OUTREACH EFFORTS STATEMENT NOTE: Bidders are to submit with their bid/proposal a comprehensive completed Minority Outreach Statement that includes W/MBE awards. Date: This statement is submitted with, and is an integral part of the bid submitted by: (Name and Address of Contractor) For construction of: Daytona State College has established a Minority Outreach Monitoring program. This program has a 10% minority solicitation (Invitation to Bid) goal with awards being to low bidder meeting specifications. In support of this outreach program bidders shall complete the following statements and questions which will serve to advise the College of the extensive efforts you have made to solicit and obtain Minority Subcontractor participation. It is important that you respond to each item as requested. This list is not intended to be exclusive or exhaustive and the College will look not only at the different kinds of efforts that the Contractor has made but also the quantity and intensity of these efforts. (1) Identify all areas of work in the contract that will be subcontracted. Specify the approximate dollar volume of each item or category stated. Trades $ (2) Specify the company s efforts to solicit minority subcontractors for each item and/or category to be subcontracted. (Notate the name and addresses of subcontractors solicited and those that are minority or woman owned to monitor percent minority solicited).

18 (3) Attach available documentation evidence (i.e. Newspaper ads, W/MBE meetings held, etc.) of the effort stated in number (2). (4) State where your company sought to obtain minority subcontractors through advertisement with the local media. (5) Identify minority or woman owned subcontractors solicited and notate minority type by the company as potential subcontractors. Attach documentation of written correspondence concerning all solicitations. (Use additional pages as required.) MINORITY WOMAN OWNED SUBCONTRACTOR S SOLICITED Minority Name Address Trade Type * $ Value * Minority Type #M-1 Black American Man, M-2 Hispanic American, M-3 Asian American, M-4 Native American (Eskimo and Aleutian), M-5 Native Hawaiian, M-6 Small Business, M-7 Disabled, M-8 Women, M-9 Black American Woman and NM Not Minority. (6) State whether your company followed up the initial solicitations of interest by contacting minority contractors to determine with certainty whether they were interested in subcontracting on this job. (7) Identify the areas of work which can be performed by minority sub-contractors in order to increase the likelihood of minority sub-contractor participation (consider where appropriate, breaking down the contract into economically feasible units to facilitate minority contractor participation). (8) State whether the company provided interested minority contractors with adequate information about the plans, specifications, and requirements of the contract. Signature

19 Attachment "C" TAX AGREEMENT Agreement BETWEEN, (Herein call the "Contractor" and (Herein called the Subcontractor and Daytona State College an educational institution herein called "Owner" for Daytona State College Project No., titled:. RECITALS 1. Contractor for Daytona State College entered a contract dated / /, for the performance of the Work described therein. A copy of said contract is incorporated by reference as Exhibit 1 (herein called the "Contract") 2. Contractor and Daytona State College desire to enter into an arrangement whereby certain purchase under the Contract can be made through Daytona State College as a means of taking advantage of Daytona State College's status of being exempt from sales and use tax. AGREEMENT 1. Daytona State College does hereby request Contractor to requisition Daytona State College to directly purchase materials greater than $ in value for and in the name of Daytona State College, building materials, supplies and other tangible personal property which Contract requires for performance of this specific contract. The purchase of any materials, supplies or other items which are not required for the performance of this Contract are expressly made outside the authority granted hereunder. 2. Daytona State College will be liable for the payment of all purchases made hereunder. 3. A Purchase Order Requisition Form in a form acceptable to the Owner and Contractor shall be prepared by subcontractors to the contractor for review and approval and then submitted to the Owner prior to requesting the owner to order purchased equipment/materials. The requisition form will provide the vendor s; name, federal ID #, address, telephone number and contact person for the materials supplier; a detailed description of required items; the quantity needed; the price and sales tax saved associated with the materials; and delivery dates established by the subcontractor. A copy of the subcontractor s and suppliers IRS W9 from noting their federal ID# shall be attached to the requisition. 4. The Owner will prepare and issue standard owner (Daytona State College) purchase order forms to the equipment/material suppliers. 5. In conjunction with the execution of the Owners (Daytona State College s) Purchase Orders to the supplier(s), the Subcontractor shall execute and deliver to the Owner through the Contractor, deductive change orders reflecting the full value of all materials directly purchased by the Owner, plus all sales tax savings associated with the materials. 6. Subcontractors will be responsible for all matters relating to the receipt of materials purchased

20 by the Owner, including specifications verifying correct quantities, inspection and acceptance of the goods at the time of delivery. The subcontractor will forward the invoice to the Owner through the Contractor for payment. 7. Title to the Owner purchased materials will vest in the Owner at the time the materials are delivered to the Owner owned construction site (F.O.B. job site). 8. The Owner shall be billed directly by the selling vendor for purchases of building materials referring on the invoice to the owners PO#. 9. Payment for the building materials/equipment will be made directly to the selling vendor by the Owner. 10. It is the Contractors responsibility to report within one business day of the discovery of a claim to the College s Director of Risk Management at This tax exemption does not apply to equipment rentals of the Contractor or by subcontractors that provide construction services for the Project even though the economic burden of the tax, by contract or otherwise, may ultimately be borne by the Owner. The Owner shall: a. Issue College purchase orders directly to tangible materials or personal property vendors for building materials or equipment delivered to the Owners job site with title of materials transferring to the Owner. b. Provide the building materials vendor (with the owner/college PO) as well as a copy of its current State of Florida sales tax exemption certificate. c. Assume all risk of damage or loss for the tangible personal property/building materials from the time of purchase and prior to their installation or incorporation into the project in order for the sale of building materials to be deemed (by the Florida Department of Revenue) as a sale to the tax exempt entity (i.e., Daytona State College) and thus tax exempt. d. Be responsible for delivery, confirmation/inspection upon receipt, acceptance, payment and storage at the job site prior to affixation to real property. e. Bear the economic value of posting a bond or obtaining builders risk insurance covering damage or loss and enjoy the economic benefit of the proceeds of such bond or insurance in the event of a claim. f. Be billed directly by the selling vendor. g. Directly pay by manual check the selling vendor for acceptable quality building materials received against said College purchase order. Construction management contractors shall additionally provide the Owner with copies of: a) all subcontract bid submittals, b) tabulation sheet, c) award letter(s), d) suppliers IRS w-9 form and e) copies of subcontractors licenses.

21 11. Each Owner purchase order is numbered for accountability. Contractor will fax to the Owner completed/signed purchase requisitions for preparation and execution of the purchase orders. Vendors will render invoices/statements for materials purchased to subcontractors for review/approval and to the contractor for review/approval. After reviewing the invoices and approving the invoices, Contractor will forward these invoices with proper back-up to the owner (Daytona State College to the address noted on the PO) for payment. 12. The Contract provides that Contractor/Subcontractor will perform the Work under the Contract sum of $. Said amount due Contractor under the Contract shall be reduced by the sum of all amounts paid by Daytona State College for materials, supplies or other tangible personal property purchased hereunder and plus any savings of sales and use tax on the purchase of such items. 13. Contractor shall maintain separate accounting records for all transactions carried out under the authority granted to it as agent. Such records shall be open to the owner without cost (Daytona State College) and the State of Florida's auditors general office during normal business hours of Contractor. 14. The authority granted to Contractor hereunder may be revoked by the Owner (Daytona State College) at any time upon written notice delivered to Contractor at its office located at during normal business hours. Cost of administration incurred by Contractor in conjunction with this tax agreement shall be included as part of the Base Bid and will not be included as a separate cost to Owner. (Contractor/Subcontractor) Subcontractor OWNER :Daytona State College Signature Signature By: Title Title Title

22 Attachment "D" TRENCH SAFETY ACT FORM [The following form shall be completed, signed and submitted with the Bid Form. Failure to submit this form with the Bid Form at the time of bid will constitute automatic disqualification and non-acceptance of bid proposal.] The undersigned, herein called Bidder, has determined to his own complete satisfaction that all portions of the Florida Trench Safety Act (90-96, Laws of Florida) as the OSHA Excavation Safety Standards 29, CFR part Subpart P. will be fully complied with and executed properly on this project. Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, The Bidder further identifies the costs to be summarized below: TRENCH SAFETY MEASURE (DESCRIPTION) UNITS OF MEASURE (LF, SY) UNIT (QUANTITY) UNIT COST EXTENDED COST A. B. C. D. TOTAL $ In Witness whereof, the Bidder as hereunto set his signature and affixed his seal this day of, in the year. Firm: By: (SEAL) Title:

23 Attachment "E" SWORN STATEMENT UNDER SECTION (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid Proposal or Contract for (Project) 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is. (If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:.) 3. My name is and my relationship to the entity named above is (title) 4. I understand that a public entity crime as defined in Section (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that convicted or conviction as defined in Section (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record, relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an affiliate as defined in Section (1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a person as defined in Section (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term

24 person includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, that statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] Date: [Signature] STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, [name of individual signing] who after first being sworn by me, affixed his/her signature in the space provided above on this day of, in the year. My commission expires: Notary Public Print, Type, or Stamp of Notary Public Personally known to me, or Produced Identification: Type of I.D.