GENERAL AND TECHNICAL SPECIFICATIONS

Transcription

1 GENERAL AND TECHNICAL SPECIFICATIONS Project No. DCF Phillips Rd Office - Complete Duct Work Project Title 2383 Phillips Rd, Tallahassee, FL Project Location STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES OFFICE OF GENERAL SERVICES, DESIGN & CONSTRUCTION 1317 WINEWOOD BOULEVARD, BUILDING 3, ROOM 205 TALLAHASSEE, FL N/A ARCHITECT/ENGINEER s Name Street Address City/State/Zip Telephone Number Set No. Date Issued

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3 TABLE OF CONTENTS SECTION PAGE BIDDING CONDITIONS PART A REQUEST FOR PROPOSALS... 1 A-1 INVITATION TO BID... 1 A-2 MINORITY BUSINESS ENTERPRISES (MBEs)... 1 PART B INSTRUCTIONS TO BIDDERS... 2 B-1 BIDDING TERMINOLOGY... 2 B-2 BIDDER'S QUALIFICATION REQUIREMENTS AND PROCEDURES... 2 B-3 FAMILIARITY WITH LAWS... 3 B-4 FLORIDA PRODUCTS AND LABOR... 3 B-5 TAXES... 3 B-6 ALTERNATES... 3 B-7 ADDENDA... 3 B-8 INTERPRETATION OF BIDDING DOCUMENTS... 3 B-9 EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK... 4 B-10 BASIS FOR BIDDING-TRADE NAMES... 4 B-11 BID GUARANTEE... 4 B-12 SURETY COMPANIES ACCEPTABLE TO STATE... 5 B-13 PREPARATION AND SUBMISSION OF BIDS... 5 B-14 LISTING OF SUBCONTRACTORS... 6 B-15 SUBCONTRACTOR DATA... 6 B-16 WITHDRAWAL OF BIDS... 6 B-17 DISQUALIFICATION OF BIDDERS... 6 B-18 RECEIPT AND OPENING OF BIDS... 6 B-19 DISQUALIFICATION OF BIDS... 6 B-20 REJECTION OF BIDS... 6 B-21 NOTICE AND PROTEST PROCEDURES... 7 B-22 DETERMINATION OF SUCCESSFUL BIDDER... 7 Rev. January 2004 TABLE OF CONTENTS i

4 TABLE OF CONTENTS SECTION PAGE B-23 NOTICE TO SECURE PERMITS (AND PAY FOR UTILITY CONNECTIONS)... 8 B-24 NOTICE TO PROCEED (TO MOBILIZE ON SITE AND TO PROCEED WITH CONSTRUCTION); TIME OF COMPLETION AND LIQUIDATED DAMAGES... 8 B-25 APPRENTICES... 9 B-26 PERMITS AND SPECIAL REQUIREMENTS CONTRACTUAL CONDITIONS PART C GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT C-1 DEFINITIONS C-2 PRELIMINARY MATTERS C-3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE C-4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS C-5 BONDS AND INSURANCE C-6 CONTRACTOR S RESPONSIBILITIES C-7 OTHER WORK C-8 OWNER S RESPONSIBILITIES C-9 ARCHITECT/ENGINEER S STATUS DURING CONSTRUCTION C-10 CHANGES IN THE WORK C-11 CHANGE OF CONTRACT PRICE C-12 CHANGE OF CONTRACT TIME C-13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK; WARRANTY AND GUARANTEE C-14 PAYMENTS TO CONTRACTOR; SUBSTANTIAL AND FINAL COMPLETION C-15 SUSPENSION OF WORK AND TERMINATION C-16 CLAIMS AND DISPUTES C-17 MISCELLANEOUS PROVISIONS PART SC SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS SC-1 INTRODUCTION ii TABLE OF CONTENTS Rev. January 2004

5 TABLE OF CONTENTS SECTION PAGE SC-2 DELETION OF BOND REQUIREMENTS SC-3 OWNER S OPTION TO ADJUST RETAINAGE REQUIREMENT SC-4 INSPECTION REQUIREMENTS FOR THRESHOLD BUILDINGS SC-5 DUTIES OF THE RESIDENT PROJECT REPRESENTATIVE EXHIBITS EXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 EXHIBIT 6 EXHIBIT 7 EXHIBIT 8 EXHIBIT 9 EXHIBIT 10 EXHIBIT 11 EXHIBIT 12 EXHIBIT 13 EXHIBIT 14 BID PROPOSAL FORM... INCLUDED LIST OF SUBCONTRACTORS FORM... INCLUDED AGREEMENT FORM... INCLUDED PUBLIC CONSTRUCTION BOND FORM... INCLUDED NOT USED (Exhibit 4 supersedes Performance Bond AND Labor & Material Payment Bond) SAMPLE CERTIFICATE OF INSURANCE FORM... INCLUDED PUBLIC ENTITY CRIMES FORM... INCLUDED ASSIGNMENT OF ANTITRUST ACTION FORM... INCLUDED EXPERIENCE QUESTIONNAIRE AND CONTRACTOR'S FINANCIAL STATEMENT FORM... INCLUDED INDEMNIFICATION RIDER INVOICE FORM... INCLUDED PAY REQUEST FORM... INCLUDED SCHEDULE OF CONTRACT VALUES FORM... INCLUDED CONTRACTOR'S AFFIDAVIT OF CONTRACT COMPLETION FORM... INCLUDED PERCENTAGE FACTOR USED IN COMPUTING DELAY DAMAGES (PER SECTION C-16)... INCLUDED Rev. January 2004 TABLE OF CONTENTS iii

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7 TABLE OF CONTENTS TECHNICAL SPECIFICATIONS Division 1 General Requirements: Summary of Work Contractor's Use of the Premises Preconstruction Conference Cleaning Divisions 2-8 NOT USED Division 9 - Finishes: Gypsum Wallboard System Divisions NOT USED Division 15 Mechanical Ductwork and Dampers Testing and Balancing Division 16 NOT USED

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9 SECTION A REQUEST FOR PROPOSALS A-1 INVITATION TO BID Proposals are requested from QUALIFIED CONTRACTORS by the State of Florida, Department of Children and Families, hereinafter referred to as OWNER, for the construction of: PROJECT NO: DCF TITLE: Phillips Rd Office - Complete Duct Work SITE: DCF Circuit 2 Office Building 2383 Phillips Rd, Tallahassee, FL PREQUALIFICATION: Each Bidder shall be state-certified in accordance with Chapter 489, Florida Statutes, as a Mechanical (CM) or a Class A Air Conditioning (CAC) Contractor. Bids from firms not able to furnish proof of the required certification are subject to disqualification. PROPOSAL: Bids must be submitted in full accordance with the requirements of the Drawings and the General and Technical Specifications, which may be may be downloaded from the State of Florida s Vendor Bid System at: search_r2.criteria_form BID DOCUMENTS: Drawings and Specifications may be downloaded from the State of Florida s Vendor Bid System at: search_r2.criteria_form PRE-BID MEETING: A (non-mandatory) pre-bid meeting will be held at the site on October 20, 2015 at 10:00 P.M. BONDING REQUIREMENTS: See Section B-11 for bid guarantee requirements. See Section C-5 for bond requirements. (The performance bond and payment bond are superseded by a single Public Construction Bond. See Appendix 4.) publicly opened and read aloud at: DATE: October 27, 2015 TIME: 2:00 P.M. EDT LOCATION: Conference Room, DCF Circuit 2 Office Building, 2383 Phillips Rd, Tallahassee, FL CONTRACT AWARD: The Bid Tabulation and Notice of Award Recommendation will be posted by 4:00 P.M. at the location where the bids were opened. If no protest is filed per Section B-21, "Notice and Protest Procedures, the OWNER will award a contract to the qualified, responsive low Bidder in accordance with established departmental contracting procedures (CFOP 70-7). In the event that the Bid Tabulation and Notice of Award Recommendation cannot be posted in this manner, then all Bidders will be duly notified. A-2 MINORITY BUSINESS ENTERPRISES (MBEs) In accordance with Section (4)(n)1, Florida Statutes, the Department of Children and Family Services is encouraged to target certified minority business enterprises (MBEs) for 21 percent of total awarded construction contract dollar value (4% for African-American, 6% for Hispanic-American, and 11% for womenowned). To ensure that maximum distribution is afforded to certified minority business enterprises, the Department of Children and Family Services encourages certified MBEs to participate in the bidding process, and further encourages prime Bidders to utilize certified MBEs as subcontractors whenever possible. For information and assistance in locating certified MBEs, contact the Office of Supplier Diversity, Florida Department Management Services, 4050 Esplanade Way, Suite 360, Tallahassee, Florida , Telephone: (850) , Fax: (850) All prime bidders are encouraged to search Florida's Online Directory of Certified MBEs, at for construction-related products and services being offered in counties surrounding the jobsite. BID OPENING: Sealed bids will be received, Rev. January 2004 BIDDING CONDITIONS 1

10 SECTION B INSTRUCTIONS TO BIDDERS B-1 BIDDING TERMINOLOGY Whenever in these Instructions the following terms (or pronouns meant to replace these terms) are used, their intent and meaning shall be interpreted as follows: OWNER: State of Florida Department of Children and Family Services Office of Design & Construction 1317 Winewood Blvd., Bldg. 3, Room 205 Tallahassee, Florida Phone No. (850) Fax No. (850) ARCHITECT/ENGINEER: The Design Professional (architect-engineer, architect, engineer or other professional consultant) identified within these documents (see Section A-1, Invitation To Bid ), and commissioned by the OWNER, acting directly or through a duly authorized representative. Bidder: Any individual, firm, partnership or corporation submitting a proposal for the work contemplated. Surety: The corporate body which is bound with and for the CONTRACTOR, which is primarily liable, and which guarantees the faithful performance of the Agreement. Proposal: A bid for the work contemplated, which the Bidder shall submit on prescribed forms. (See Exhibit 1, Bid Proposal Form.) Agreement: "Agreement" shall mean the document entitled "Agreement Between OWNER and CONTRACTOR." (See Exhibit 3 for prescribed form of agreement.) Threshold Building: As defined in Section , Florida Statutes, a Threshold Building is any building greater than three stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. Special inspection requirements apply to such buildings under Section (5), Florida Statutes. B-2 BIDDER'S QUALIFICATION REQUIREMENTS AND PROCEDURES Bidder qualification requirements are established herein in accordance with the Owner s established procedures (CFOP 70-7). Failure of the Bidder to strictly meet such requirements may result in bid rejection or disqualification for contract award. For this project, Bidder qualifications shall be as follows: Prime Bidder: Each prime Bidder shall be state-certified in accordance with Chapter 489, Florida Statutes, as a General (CG), Mechanical (CM) or Air Conditioning (CAC) Contractor. Subcontractors: Subcontractors proposed by the prime Bidder for the following trades shall be qualified as follows: (1) Fire Alarm subcontractors shall be statecertified in accordance with Chapter 489, Florida Statutes, as an Alarm I (EF) Contractor or an Electrical Unlimited (EC) Contractor. (2) Fire Sprinkler subcontractors shall be licensed by the State Fire Marshal, in accordance with Chapter 633, Florida Statutes, as a Contractor I or Contractor II. 2 BIDDING CONDITIONS Rev. January 2004

11 General Contractors as Prime: No state-certified General Contractor (CG) shall be precluded from bidding, as prime Bidder, any specialty contract work, provided that the statecertified General Contractor is proposing to use a specialty subcontractor which is: (1) State-certified in accordance with the OWNER s qualification requirement listed for Prime Bidders above; and, (2) Identified in the General Contractor s proposal. B-3 FAMILIARITY WITH LAWS The Bidder is required to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility. B-4 FLORIDA PRODUCTS AND LABOR The Bidder's attention is called to Section , Florida Statutes, which requires that Florida products and labor be used on public building contracts wherever price and quality are equal. B-5 TAXES Sales Tax: Although the OWNER is not subject to the Florida Sales and Use Tax, any Contractor purchasing materials and services for use in the construction of State-owned buildings is not exempt from Florida Sales and Use Tax on these materials and services. (See Section (6), Florida Statutes.) Federal Excise Taxes: The OWNER is not subject to: 1) Federal Excise Taxes on materials or appliances that are incorporated into and become a part of the completed improvement. 2) Federal Tax on Transportation of Property. In every case of a purchase of materials to be incorporated in the work which are subject to Federal Excise Tax, the OWNER will furnish to the CONTRACTOR the necessary Federal Excise Tax Exemption Certificate upon receipt of a copy of the supplier's invoice showing the item or items, the net price, and Federal Excise Tax separately. Inclusion of Tax in Bids: The Bidder shall take these factors into consideration in preparing his proposal, including therein the cost of the State Sales Tax and Use Tax on materials, but excluding the cost of those taxes not applicable. B-6 ALTERNATES If the OWNER wishes to learn the relative or additional construction cost of an alternative method of construction, an alternative use or type of material or an increase or decrease in scope of the project, these items will be defined as alternates and will be specifically described by the Contract Documents. Alternates will be listed in the Proposal form in such a manner that the Bidder shall be able to clearly indicate what sums he will add to (or deduct from) his Base Bid. B-7 ADDENDA In case the ARCHITECT/ENGINEER finds it expedient to supplement, modify or interpret any portion of the Bidding Documents during the bidding period, such procedure will be accomplished by the issuance of written Addenda to the Bidding Documents which will be delivered or mailed to all prospective Bidders. All Addenda must be duly acknowledged by Bidders on their proposals (see Exhibit 1). 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 Rev. January 2004 BIDDING CONDITIONS 3

12 ambiguity, inconsistency or error therein will be made to any Bidder orally. Every request for such interpretation or correction shall be in writing, and addressed to the ARCHITECT/ENGINEER. All such interpretations and supplemental instruction will be in the form of written Addenda to the Bidding Documents. Only the interpretation or correction so given by the ARCHITECT/ENGINEER in writing shall be binding, and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret, the Bidding Documents. B-9 EXAMINATION OF BIDDING DOCUMENTS AND SITE OF WORK Bidders are required, before submitting their proposals, to visit the site of the proposed work and completely familiarize themselves with the nature and extent of the work and any local conditions that may in any manner affect the work to be performed and the equipment, materials and labor required. They are also required to examine carefully any Drawings, Specifications and other Bidding Documents to inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect the work. B-10 BASIS FOR BIDDING - TRADE NAMES For clarity of description and as a standard of comparison, certain equipment, materials, etc., may be specified by trade names or manufacturers. To ensure a uniform basis for bidding, the Bidder shall base his Proposal on the particular system, equipment or material specified. After the contract is let, other equipment materials, etc., as manufactured by other manufacturers may be accepted only if, in the opinion of the ARCHITECT/ENGINEER, the proposed substitution is equivalent in quality and workmanship and will perform its intended purpose satisfactorily. B-11 BID GUARANTEE On projects where the base bid and sum of all additive alternates exceeds $100,000, bids shall be accompanied by a bid guarantee of not less than five (5) percent of the amount of the bid, which may be a certified check, a cashier's check, treasurer's check, bank draft or Bid Bond made payable to the OWNER. If a bid bond is submitted, it must be signed by a Florida Licensed Resident Agent who holds a current Power of Attorney from the Surety Company issuing the Bond and the Power of Attorney must be attached to the Bid Bond. Such check or Bid Bond shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid for a period of forty (40) days after the scheduled closing time for the receipt of bids; that if his bid is accepted, he will enter into a written contract with the OWNER in accordance with the Form of Agreement included as Exhibit 3 herein, and that the required Performance Bond and Labor and Material Payment Bond will be given; and that in the event of the withdrawal of said bond within said period, or failure to enter into said Agreement and give said bonds within ten (10) calendar days after he has received notice of acceptance of his bid, the Bidder shall be liable to the OWNER for the full amount of the bid guarantee as representing the damage to the OWNER on account of the default of the Bidder in any particular hereof. The Bid Bonds or checks shall be returned to all except the apparent lowest two qualified Bidders after the formal opening of bids. The remaining Bid Bonds or checks will be returned to the two lowest Bidders after the OWNER and the accepted Bidder have executed the Agreement and the Performance Bond and Labor and Material Payment Bond have been approved by the OWNER. If the required Agreement and Bonds have not been executed within forty (40) calendar days after the date of the opening of the bids, then the Bid Bond or check of any Bidder will be returned upon his request, provided he has not been notified of the acceptance of his bid prior to the date of such request. 4 BIDDING CONDITIONS Rev. January 2004

13 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, Department of Insurance, authorizing it to write surety bonds in the State of Florida. 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 time the invitation to bid is issued. If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following provisions: 1. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. POLICY REQUIRED CONTRACT HOLDER S FINANCIAL AMOUNT RATING RATING UP TO 1,000,000 A CLASS I 1,000,000-2,000,000 A CLASS II 2,000,000-5,000,000 A CLASS III 5,000,000-10,000,000 A CLASS IV 10,000,000-25,000,000 A CLASS V 25,000,000-50,000,000 A CLASS VI 50,000, ,000,000 A CLASS VII 2. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. B-13 PREPARATION AND SUBMISSION OF BIDS Each Bidder shall copy the proposal form enclosed as Exhibit 1 on his own letterhead, indicate his bid prices thereon in proper spaces, for the Base Bid and for alternates on which he bids. Any erasure or other correction in the proposal may be explained or noted over the signature of the Bidder. Proposals containing any conditions, omissions, unexplained erasures, alterations, items not called for, or irregularities of any kind, may be rejected by the OWNER. Each bid must give the full business address of the Bidder and state whether it is an individual, corporation or partnership. The bid must be submitted in triplicate in a sealed envelope, clearly marked on its face "SEALED BID- PROJECT No. DCF- ". The bid shall be submitted only prior to the time and the place specified in Section A-1, Invitation To Bid (or in accordance with any Addendum subsequently issued). Sealed bid envelopes submitted by mail or by delivery service must be delivered within a separate mail or delivery envelope, also marked "SEALED BID". Bids not delivered in sealed envelopes may be returned to the Bidder. Rev. January 2004 BIDDING CONDITIONS 5

14 B-14 LISTING OF SUBCONTRACTORS In order that the OWNER may be assured that only qualified and competent subcontractors will be employed on the project, each Bidder shall submit in triplicate with his proposal a list of the subcontractors who will perform the work for each Division of the Specifications utilizing the "List of Subcontractors" form enclosed as Exhibit 2. The Bidder shall have determined to his own complete satisfaction that a listed subcontractor has been successfully engaged in this particular type of business for a reasonable length of time, has successfully completed installations comparable to that which is required by this Agreement and is qualified both technically and financially to perform that pertinent phase of this work for which he is listed. Only one subcontractor shall be listed for each phase of the work. Any Bidder who lists a subcontractor not certified or registered by the State to perform the work of his trade, and if such certification or registration is required for the trade under Section B-14 or by Florida statute, will be rejected as non-responsive. No change shall be made in the list of subcontractors, before or after the award of a contract, unless agreed to in writing by the OWNER. B-15 SUBCONTRACTOR DATA Within 2 working days after bid opening, the apparent low Bidder shall submit to the OWNER's Project Manager the following for each subcontractor. 1. Corporate Charter Number (if applicable). 2. License Number. 3. Name of record license holder. 4. Complete name, address and phone number for listed subcontractors. B-16 WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for withdrawal of the bid after it has been opened. B-17 DISQUALIFICATION OF BIDDERS More than one bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested. B-18 RECEIPT AND OPENING OF BIDS Bids will be opened publicly at the time and place stated in the Bidding 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. Falsification of any entry made on the Bidder's bid proposal will be deemed a material bid deviation and will be grounds for rejection. B-20 REJECTION OF BIDS The OWNER reserves the right to reject any and all bids under any of the circumstances 6 BIDDING CONDITIONS Rev. January 2004

15 prescribed in CFOP 70-7, and to negotiate the contract in accordance with said document if the low qualified bid exceeds the project construction budget. B-21 NOTICE AND PROTEST PROCEDURES Notice of Bid Solicitation: The OWNER hereby provides notice, by advertising for bids and by distributing these bid documents, of its intent to award a contract through bid solicitation. Notice of Contract Award: The notice of a decision or intended decision on contract award or bid rejection shall be given by posting the bid tabulation at the location where the bids were opened. Protest Procedure: Any person who is affected adversely by the OWNER's decision or intended decision shall file with the OWNER a notice of protest in writing within 72 hours, excluding Saturday, Sunday and State legal holidays, after receipt of the bidding documents if the protest is directed toward the bidding documents or after the notice of the OWNER's decision or intended decision on contract award or bid rejection if the protest is directed toward contract award or bid rejection. Thereafter a formal written protest by petition in compliance with Section , Florida Statutes and Chapter , Florida Administrative Code must be filed with the OWNER within ten (10) days after the date the notice of protest was filed. Submission of a bid protest bond with the formal written protest may be required in accordance with F.A.C Failure to file a timely notice of protest or failure to file a timely formal written protest petition shall constitute a waiver of protest proceedings. OWNER Response: (a) Upon receipt of a notice of protest that has been timely filed, the OWNER shall delay the contract award process until the subject of the protest is resolved by mutual agreement between the parties or by final OWNER action, unless the OWNER sets forth in writing particular facts and circumstances which require the continuation of the bid solicitation process or the contract award process without delay to avoid an immediate and serious danger to public health, safety, or welfare; provided, however, that if the petition is not filed within the time stated above, the contract award process may continue as if the notice of protest had not been filed. (b) Upon receipt of the formal written protest petition which has been timely filed, the OWNER shall attempt to resolve the protest by mutual agreement between the parties within 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, the OWNER may designate a Hearing Officer who shall conduct an informal proceeding pursuant to Section (2), Florida Statutes. The qualifications of such designated Hearing Officer shall be: (1) a member in good standing of The Florida Bar; or, (2) a person knowledgeable by virtue of practical experience of the procedures relating to soliciting and evaluating bids for state contracts. Notice of informal proceedings shall be given no less than three days prior to the proceeding. The proceeding may be held before the OWNER. (d) If there is a disputed issue of material fact, the protest shall be referred to the Division of Administrative Hearings of Department of Administration, State of Florida, for proceedings under section (1). B-22 DETERMINATION OF SUCCESSFUL BIDDER All projects except where competitive bidding is waived under the provisions of CFOP 70-7, will be publicly bid in accordance with the provisions herein. Award of contract will be made to the responsive Bidder, determined to be qualified in accordance with the provisions herein and Rev. January 2004 BIDDING CONDITIONS 7

16 meeting the requirements of the bidding documents, that submits the lowest valid bid for the work. The lowest bid will be determined as follows: 1. The lowest bid will be that total of base bid plus/minus all additive/deductive alternates accepted by the OWNER, which is determined to be lowest among all valid and qualified responses. Alternates accepted by the OWNER shall be taken in numerical order unless the OWNER is able to show that acceptance out of sequence order does not alter the designation of the low Bidder which would occur had alternates been accepted in sequence. 2. On projects whose bidding documents provide for evaluation of the bids based on first cost and life cycle cost and performance criteria, the lowest bid will be the bid by the firm whose bid products are determined to yield the lowest total cost in accordance with the criteria set forth in the bidding documents. B-23 NOTICE TO SECURE PERMITS (AND PAY FOR UTILITY CONNECTIONS) A Notice To Secure Permits (NTSP) will be issued to the CONTRACTOR only after the following documents are returned to the OWNER: 1. Four (4) copies of the Agreement Between Owner and Contractor (Exhibit 3), signed by the CONTRACTOR. 2. Two (2) copies of the Sworn Statement on Public Entity Crimes (Exhibit 7), signed by the CONTRACTOR. 3. An Invoice for Indemnification Rider (Exhibit 10). 4. An Assignment of Antitrust Action (Exhibit 8), signed by the CONTRACTOR. 5. A Certificate of Insurance (Exhibit 6). 6. (if required) A fully-executed Performance Bond (Exhibit 4). 7. (if required) A fully-executed Labor and Material Payment Bond (Exhibit 5). A Notice To Secure Permits (NTSP) will be issued to the CONTRACTOR with one fully-executed copy of the Agreement Between Owner and Contractor. The CONTRACTOR is allowed thirty (30) calendar days from the time of this notice to secure a building permit and all other necessary permits, and to pay all required connection fees for all new utility services required for the project, if such connection fees are required before construction can start. Special permits such as tree removal, Water Management District, Dept. of Environmental Regulation, septic tank, etc., may be necessary before construction can start. If additional time is required, the CONTRACTOR shall request approval of a time extension for good cause for the purpose of obtaining any permit required prior to commencing construction on the site. The CONTRACTOR shall not pay for or secure any other permits except as provided herein. B-24 NOTICE TO PROCEED (TO MOBILIZE ON SITE AND TO PROCEED WITH CONSTRUCTION); TIME OF COMPLETION AND LIQUIDATED DAMAGES Notice To Proceed: Upon paying for all required connections and securing the building permit, the CONTRACTOR shall notify the ARCHITECT/ENGINEER and the OWNER. The Notice to Proceed to mobilize on site and to proceed with construction will then be issued by the OWNER. Time of Completion: The work to be performed under this contract shall be commenced within ten (10) calendar days after date of Notice to Proceed to Mobilize on Site and to Proceed With Construction, shall be substantially completed within 21 calendar days after the date of this Notice to Proceed, and shall be finally completed within 7 calendar days after the date of substantial completion. The Notice To Proceed (NTP) shall specify the effective date of the NTP (the date upon which the construction period commences), and the required substantial and final completion dates. 8 BIDDING CONDITIONS Rev. January 2004

17 Liquidated Damages: Inasmuch as failure to complete the project within the time fixed above will result in substantial injury to the OWNER, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the project is not substantially completed, according to the definition of "Substantial Completion" in Section C-1 herein, or within such further time, if any, as in accordance with the provisions of the Contract Documents shall be allowed for such substantial completion, the CONTRACTOR shall pay to OWNER as liquidated damages for such delay, and not as a penalty, One Hundred dollars ($100.00) for each and every calendar day elapsing between the date fixed for substantial completion above and the date such substantial completion shall have been fully accomplished. It is also hereby agreed that if this project is not finally completed, in accordance with the requirements of the Contract Documents, the CONTRACTOR shall pay to the OWNER as liquidated damages for such delay, and not as a penalty, one-fourth of the rate indicated above. Said liquidated damages shall be payable in addition to any excess expenses or costs payable by the CONTRACTOR to the OWNER under the provisions of Section C-15 of the General Conditions, and shall not exclude the recovery of damages by the OWNER under other provisions of the Contract Documents, except for CONTRACTOR's delay. This provision of liquidated damages for delay shall in no manner affect the OWNER's right to terminate the contract as provided in Section C-15 of the General Conditions or elsewhere in the Contract Documents. The OWNER's exercise of the right to terminate shall not release the CONTRACTOR from his obligation to pay said liquidated damages in the amounts set out above. The OWNER is entitled to completion of the project within the time fixed above or within such further time, if any, as may be allowed in accordance with the provisions of the contract. In the event of termination of the contract by the OWNER prior to completion as provided in Section C-15 of the General Conditions or elsewhere in the Contract Documents, the CONTRACTOR shall be liable to the OWNER for the expenses for additional managerial and administrative services provided in said Section C-15 and also for the per diem liquidated damages agreed above: 1. For each day he is in arrears in his work at the time of said termination as determined by the ARCHITECT/ENGINEER, and 2. For each day of thirty (30) additional calendar days hereby stipulated and agreed to be the time it will require the OWNER to effect another contract for completion of the project and for resumption of work thereon; Provided, however, that the sum of 1 and 2 above shall not exceed the number of days beyond the original agreed completion date, or any extension thereof as herein provided, reasonably required for completion of the project. It is further agreed that the OWNER may deduct from the balance retained by the OWNER, under the provisions above, the liquidated damages stipulated therein for delay or termination, as the case may be, or such portions thereof as the said retained balance will cover. B-25 APPRENTICES If the CONTRACTOR employs apprentices on the project, the behavior of the CONTRACTOR and the OWNER shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security. The CONTRACTOR will include a provision similar to the foregoing sentence in each subcontract. The CONTRACTOR shall have the option of listing all available job vacancies with the local Job Service Florida office in order to take advantage of local pools of unemployed qualified construction personnel. Rev. January 2004 BIDDING CONDITIONS 9

18 B-26 PERMITS AND SPECIAL REQUIREMENTS Permits Generally: Other Possible Permits: The CONTRACTOR shall include, as part of the base bid proposal, the cost of any additional permits and/or fees specifically listed below: A building permit is always required for any contract. Work started without a building permit is ILLEGAL and all costs associated with such action shall be borne by the CONTRACTOR. Payment of the building permit fee shall be made by the CONTRACTOR. The building permit fee may not cover other permits and fees required by other entities such as the State Fire Marshal. The CONTRACTOR is responsible for payment of all permit fees. Building Permit: A building permit shall be secured from the Building Official having jurisdiction in the city or county where the job site is located. SPECIAL CASE: On any project located on property subleased from the Fla. Dept. of Corrections, the Building Official having jurisdiction shall be the permitting office operated by the Fla. Dept. of Corrections. SPECIAL CASE: On any project located on property subleased from the Fla. Dept. of Juvenile Justice, the Building Official having jurisdiction shall be the permitting office operated by the Fla. Dept. of Juvenile Justice. Permit Inspections: SEE: SECTION C-13: TESTS AND INSPECTIONS Threshold Building Inspections: See Section SC-4 for special requirements for Threshold Buildings (including inspections and shoring drawing requirements). If Section SC-4 is NOT INCLUDED, then threshold building inspections are not required for this project. 10 BIDDING CONDITIONS Rev. January 2004

19 SECTION C GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT C-1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement--The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are referenced within the Agreement, and made a part thereof as provided therein. Application for Payment--The form accepted by ARCHITECT/ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. (See Exhibit 11.) Bid--The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds--Bid, performance and payment bonds and other instruments of security. Change Order--A document recommended by ARCHITECT/ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents--The Contract Documents are defined as those listed in the Agreement and together, comprise the entire Agreement between OWNER and CONTRACTOR. Contract Price--The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph C in the case of Unit Price Work). Contract Time--The number of days (computed as provided in paragraphs C-17.2 and C-17.3) or the date stated in the Agreement for the completion of the Work. CONTRACTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. Defective--An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ARCHITECT/ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph C or C ). Drawings--The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ARCHITECT/ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement signed by the CONTRACTOR is executed and transmitted by the OWNER. ARCHITECT/ENGINEER--The person, firm or corporation named as such in Section A-1, Invitation To Bid. Field Order--A written order issued by ARCHITECT/ENGINEER which orders minor changes in the work in accordance with paragraph C-9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements--Sections of Division 1 of the Specifications. Rev. January 2004 CONTRACTUAL CONDITIONS 11

20 Laws and Regulations; Laws or Regulations-- Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award--The written notice by OWNER to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will execute an Agreement. Notice to Proceed--A written notice given by OWNER to CONTRACTOR (with a copy to ARCHITECT/ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents. OWNER--The State of Florida, Department of Children and Family Services, with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization--Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. (See Section C ) Project--The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative--The authorized representative of ARCHITECT/ENGINEER who may be assigned to the site or any part thereof. Shop Drawings--All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications--Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in the opinion of ARCHITECT/ENGINEER as evidenced by ARCHITECT/ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph C The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions--The part of the Contract Documents which amends or supplements these General Conditions. Supplier--A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities--All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work--Work to be paid for on the basis of unit prices. Work--The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the 12 CONTRACTUAL CONDITIONS Rev. January 2004

21 construction, all as required by the Contract Documents. Work Directive Change--A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ARCHITECT/ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph C-4.3 or to emergencies under paragraph C A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph C Written Amendment--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. C-2 PRELIMINARY MATTERS Agreement Between OWNER and CONTRACTOR: C-2.1 The CONTRACTOR shall execute forms of the agreement and all other documents listed in Section B-23, and return within ten (10) calendar days of their receipt. Failure to return all forms correctly executed within ten (10) calendar days of receipt, without written extension by the OWNER otherwise, shall constitute an irregularity and deemed grounds, at the OWNER's option, for rejection and forfeiture of the Bid Deposit or at the OWNER's option, for the deduction on a day-for-day basis from the time allotted for completion of the work under Section B-24. If the CONTRACTOR is a firm or Company owned by an individual, the agreement shall be executed in the name of the firm or company by the manual signature of the individual or sole proprietor. If the CONTRACTOR is a Partnership, the agreement shall be executed in the name of the partnership by the manual signature of partner or partners. If the CONTRACTOR is a corporation, the agreement shall be executed in the name of the Corporation and shall bear the corporate seal. It may be signed for the corporation by the President and attested by the Secretary; if signed for the Corporation by any other officer than the President, the signature of such officer signing shall be attested by the Secretary, and the executed agreement shall be accompanied by a duly authenticated document bearing the seal of the corporation, quoting the section of the by-laws of the corporation authorizing the Board of Directors to designate such officer and copy of the resolution designating and authorizing him to execute on behalf of the corporation. That document must contain a statement that the authority is in effect on the date of the execution of the contract, and may not be dated earlier than the date of the execution of the Agreement. The same officer may not execute the Agreement and authenticate the document of authority. Performance Bond and Labor and Material Payment Bond: C-2.2 These bonds shall be executed on behalf of the CONTRACTOR in the same manner and by the same person who executed the Agreement. Delivery of Bonds: C-2.3 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph C-5.1. Certificate of Insurance: C-2.4 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ARCHITECT/ENGINEER, certificates (and other evidence of insurance requested by Rev. January 2004 CONTRACTUAL CONDITIONS 13

22 OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs C-5.3 through C Copies of Documents: C-2.5 Upon contract award, the ARCHITECT/ENGINEER shall furnish up to ten copies of the Contract Documents (or as otherwise specified in the Supplementary Conditions) to CONTRACTOR. If additional sets are necessary for the execution of the Work, such additional copies will be furnished to the CONTRACTOR, upon request, for the cost of printing and handling. Commencement of Contract Time; Notice to Proceed: C-2.6 The Contract Time will commence to run on the effective date of the Notice to Proceed. The Notice To Proceed is not issued until issuance of a Building Permit is confirmed by the OWNER. Immediately following receipt of notice to proceed to mobilize on site and to proceed with construction as prescribed in Section B-24 herein above, the CONTRACTOR shall post a notice in the following form in a conspicuous place on the project site: "Notice is hereby made to all those concerned and affected that (Contractor's Name) is performing (Project Number, Name and Location). All parties furnishing labor, materials and/or equipment to said project are to provide notice of such in writing by certified mail to the OWNER at the Owner's Address (per Section B-1), within twenty (20) calendar days of first providing such labor, materials and/or equipment." In addition to posting the above notice on site, the CONTRACTOR shall also place the above notice in a local newspaper on three separate occasions, with the first appearance in a local newspaper occurring within thirty (30) calendar days following receipt of the above mentioned notice to proceed. Preconstruction Conference: C-2.7 At any time before any Work at the site is started, the CONTRACTOR, ARCHITECT/ENGINEER and/or OWNER may request a preconstruction conference to discuss the construction schedule, procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and any other topics intended to establish a working understanding among the parties. Starting the Project: C-2.8 CONTRACTOR shall start to perform the Work on or after the effective date of the Notice To Proceed, and shall perform no Work at the site prior to that date. Before Starting Construction: C-2.9 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ARCHITECT/ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ARCHITECT/ENGINEER before proceeding with any Work affected thereby. Commencement by the CONTRACTOR of any Work shall be held as an acceptance of the survey data pertaining to such Work, and the CONTRACTOR shall then have no claim against the OWNER resulting from alleged errors, omissions or inaccuracies of the said survey data. However, CONTRACTOR shall not then be made liable either to OWNER or ARCHITECT/ENGINEER for hidden conditions no CONTRACTOR could be reasonably expected to discover or to anticipate. C-2.10 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ARCHITECT/ENGINEER for review: (1) An estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 14 CONTRACTUAL CONDITIONS Rev. January 2004