********************** INVITATION TO BID ***********************

BID #: 15-010 ISSUE DATE: 04/03/2015 BID TITLE: Palm Coast Bldg. 2 Renovation BID OPENING DATE & TIME: 05/08/2015 @ 2:00 pm CONTACT: Bret Nielsen PHONE NUMBER: 386.506.3125

Daytona State College _______Palm Coast Bldg. 2 Renovation________________________. 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:

http://www.daytonastate.edu/fp/proposals.html

PRE-BID MEETING April 17th @ 2:00 p.m.

DAYTONA STATE COLLEGE – Palm Coast Campus Building 2

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 http://www.daytonastate.edu/fp/contractor.html

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: _______________

SECTION I INVITATION TO BID Notice is hereby given that signed, sealed, and delivered bids for the Palm Coast Bldg. 2 Renovation 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 May 8, 2015 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 – Palm Coast Bldg. 2 Renovation ITB #15-010. Bid proposals will be publicly opened and read aloud on May 8, 2015 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: http://www.daytonastate.edu/fp/proposals.html An email must be sent to nielseb@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 April 17, 2015 at 2:00pm local time, at the Daytona State College Palm Coast Campus between Bldg. 2 & Bldg. 3 courtyard.

END OF SECTION I

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: Shenkel Shultz Architects. 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”.

2. GENERAL INFORMATION TO BIDDERS:

A. Plans and specifications will be available on the website. To receive the password to open the file, please send an email to nielseb@daytonastate.edu requesting access. Password will only be given to Pre-Qualified contractors.

B. Addenda will also be posted at www.daytonastate.edu/fp/proposals.html.

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 the Bret Nielsen at 386-506-3125

email nielseb@daytonastate.edu regarding the intent of the Bidding Documents no later than April 28, 2015 @ 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.

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 April 17, 2015 at 2:00pm local time, at the Daytona State College Palm Coast Campus between Bldg. 2 & Bldg. 3 courtyard.

B. Bidders shall submit to the Owner a list of questions and requests for clarification on or

before April 28, 2015. 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 Architect 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 nielseb@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 email to all

bidders who signed in at the Pre-Bid..

D. All calls must go through Bret Nielsen. 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. All blanks on the Bid Proposal Form shall be filled in by typewriter or manually in ink.

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, telephone, or telegraph 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”)

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

http://www.daytonastate.edu/fp/proposals.html. 10. 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.

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

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.

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 email. 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. 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 255.05, 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 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 7, 2015. 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) $500.00 per calendar day from the contract date of substantial completion until the date the Architect issues the Certificate of Substantial Completion; plus (ii) $250.00 per calendar day, during the punch list period, until the Final Completion Certificate is issued by the Architect.

(The damage calculation for the punch list period shall be done as follows: thirty-first (31st)

day and thereafter, times $250.00 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”)

Attachment “A” BID PROPOSAL FORM

ITB# 15-010 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 Palm Coast Bldg. 2 Renovation

Palm Coast 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 by August 7, 2015. Bidder further agrees to reimburse the Owners the Sum of $500.00 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.

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 ____________________ The Bidder shall also submit with this Bid Proposal, fully executed copies of the following: Minority Outreach Efforts Statement (Attachment “B”) Trench Safety Act Form (Attachment “D”) Public Entity Crimes (Attachment “E”) Non-Collusion Affidavit of Prime Bidder (Attachment “F”) List of Designated Subcontractors Form (Attachment “G”) Bid Bond (Attachment “I”) 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:

Shenkel Shultz Architects 200 E Robinson Suite 300

Orlando, FL 32801

Bearing their Project No. 1420209 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: use epoxy painted floor in lieu of sheet vinyl in the science labs (deductive)

______________________________________________ Dollars ($_______________)

ALTERNATE 2: update existing BAS controls

______________________________________________ Dollars ($_______________) ALTERNATE 3: provide new chilled water pump in the CEP

______________________________________________ Dollars ($_______________)

ALTERNATE 4: keep existing electrical panel at the restrooms in lieu of moving to opposite wall (deductive)

______________________________________________ Dollars ($_______________)

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.)

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).

(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 Name

Address

Trade

Minority 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

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 $5000.00 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 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 386-506-4473 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. 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

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 1926.650 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, 1990. 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:

Attachment "E"

SWORN STATEMENT UNDER SECTION 287.133 (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 287.133(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 287.133 (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 287.133(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 287.133(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 “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.

Attachment "F"

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ______________________ County of _____________________ , being first duly sworn, deposes and says that: (1) He is of , the Bidder that has submitted the attached Bid;

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the District Board of Trustees of Daytona State College.

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed Title Subscribed and sworn to before me this ____ day of , in the year . Title My Commission Expires: ATTACH AND INCLUDE THIS PAGE AS PART OF PROPOSAL FORM; FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF YOUR BID.

Attachment "G" LIST OF DESIGNATED SUBCONTRACTORS FORM

TO BE RESPONSIVE THIS FORM (WITH DESIGNATED SUBCONTRACTORS NAMES, AS WELL AS SUBCONTRACT VALUE COMPLETED) SHALL BE SIGNED AND PLACED IN AN INNER ENVELOPE, SEALED AND SUBMITTED WITH YOUR SEALED BID/PROPOSAL. (Sec. 255.0515, Florida Statutes)

Date: ________________________ This list of designated subcontractors is submitted with, and is an integral part of the bid/proposal submitted by: _____________________________________________________ (Name and Address of Contractor) For the construction of: Palm Coast Bldg.2 Renovation The following names are the subcontractors for designated trades who will perform the phases of the work indicated:

SUBCONTRACTORS (Minority & Non-Minority) to be used Required at Bid Opening

(To Be Responsive) Required within 24 hours of Bid Posting

Trades Name of Company

(If self performed, so indicate)

Subcontract Value

Address Minority

Type

Fl Trade License/ Occupational Number

Framing/Drywall

Mechanical

Electrical

Paint

Flooring

Plumbing

Lab Casework

* 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, Service Disabled Veteran and NM Not Minority.

The undersigned on behalf of the Contractor named above declares that he/she has fully investigated each subcontractor listed and has received and has in his/her files evidence that each entity is currently licensed in the State of Florida and maintains a fully equipped, licensed organization capable, technically and financially, capable of performing the pertinent work, and that he has made similar installations in a satisfactory manner. In witness whereof, the Bidder has hereunto set his signature and affixed his seal this_________________ day of_________________ ,20_________. ___________________________(SEAL) By:______________________________ The list of subcontractors will not be allowed to change, except as approved in writing by Daytona State College.

Attachment "H-1" PAYMENT BOND

(For contracts in excess of $200K including alternates)

KNOW ALL MEN BY THESE PRESENTS, that hereinafter called “Principal”, and a corporation organized and existing under the laws of the State of , and duly authorized to conduct and carry on a general surety business in the State of Florida, as “Surety”, are each held and firmly bound unto the Daytona State College, hereinafter called “Owner”, in the penal sum of ($ ) in the lawful money of the United States of America, for the payment of which sum well and truly to be made, bind themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS BOND is that if the Principal performs a certain contract with the Owner, dated the day of , in the year , a copy of which is hereto attached and made a part hereof for accomplishing for the Owner in accordance with the Contract Documents related thereto, for the Owner at the time and in the manner prescribed in the contract; and, The said Principal will save the said Owner harmless on account of all claims and damages to persons, property, or premises arising out of its operations and if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract and any authorized extensions or modifications thereof including all amounts due for services, materials, supplies, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect; and, Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and, Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default or failure to perform by Principal under the contract; and, Performs the guarantee of all work and material furnished under the contact for and at the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond. This bond is in compliance with the provisions and limitations of Section 255.05, Florida Statutes, which are incorporated herein by reference.

PAYMENT BOND (Page 2)

The exclusive jurisdiction and venue for resolving any dispute relating to this bond shall be the Circuit Court of Volusia County, Florida. IN WITNESS WHEREOF, this instrument is executed in two counterparts, each one of which shall be deemed an original, this day of , in the year Signed, Sealed and Delivered in the Presence of: WITNESS (Signature) Principal

BY

:

(Typed or Printed Name) (Signature)

WITNESS BY:

(Signature) (Typed or Printed Name)

(Typed or Printed Name) (Title)

As Surety: (Typed or Printed Name)

BY (AGENT): (Signature)

(Typed or Printed Name)

ADDRESS:

(Title)

NOTE: DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.

Attachment "H-2" Form 313 Reissued 9/95

PERFORMANCE BOND

Modified American Institute of Architects AIA Document No. A312 (December 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): OWNER (Name and Address): Daytona State College District Board of Trustees 1200 W. Int’l. Speedway Blvd., Bldg.540, Rm.112 Daytona Beach, Florida 32114 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business) Date: Amount: Description (Name and Location):

BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond: ___None ___See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature:______________________________________ Signature:___________________________________ Name and Title: Name and Title: (Any additional signatures appear on page 2)

(FOR INFORMATION ONLY – Name, Address and Telephone) AGENT or BROKER: OWNER’S REPRESENTATIVE (Architect, Engineer or Other Party):

1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 The Surety’s obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is

considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held no later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; and

3.2 The Owner has declared a Contractor Default an formally terminated the Contractor’s right to complete the contract. Such Contractor Default shall not be declared earlier

than twenty days after the contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract price to the Surety in accordance with the terms of the contract with the Owner.

4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

4.1 Arrange for the Contractor, with consent of the Owner, to Perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.2 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor’s default.

5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond within fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner, paying to the Owner, in addition to the bond coverage, all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of default by Principal under the contract. 6 After the Owner has terminated the Contractor’s right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of he Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for:

6.1 The responsibilities of the Contractor for correction of Defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions

conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS

12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal)

Signature:________________________________________________

Name and Title: Name and Title:

Address: Address:

Attachment "I"

BID BOND KNOW ALL MEN BY THESE PRESENTS, that we (hereinafter called Principal) and (hereinafter called the Surety) a corporation chartered and existing under the laws of the State of Florida with its principal offices in the City of and authorized to do business in the State of Florida, in the full and just sum of Dollars ($ ) good and lawful money of the United States of America to be paid upon demand of the Daytona State College (hereinafter called Owner), to which payment will and truly to be made, bind ourselves, our heirs, executors, administrators and assigns, jointly and severally and firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted to the Owner a bid for the construction of in and for the said Owner. (name of project) WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified or cashier’s check otherwise required to accompany this bid. NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted the Principal shall within ten (10) days after the receipt of notification of the acceptance thereof execute a contract in accordance with the Bid and upon the terms, conditions, and unit or lump sum prices set forth therein, in the form and manner required by the Owner, in an amount not less than the total contract price as indicated by the approximate quantities shown in the Bid, in form and with security satisfactory to the said Owner then this obligation to be void; otherwise to be and remain in full force and virtue in law, and the Surety shall upon the failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner upon demand the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. The exclusive jurisdiction and venue for resolving any dispute relating to this bond shall be the Circuit Court of Volusia County, Florida.

BID BOND

(Page 2) IN TESTIMONY WHEREOF, the said Principal and the said Surety have caused these presents to be duly signed and sealed this day of , in the year . WITNESS (Signature) AS

: Principal

BY:

(Typed or Printed Name) (Signature)

WITNESS (Signature) (Typed or Printed Name)

(Typed or Printed Name) (Title) AS

: Surety

BY:

(Signature)

(Typed or Printed Name)

(Title)

Attachment "J"

CERTIFICATE OF ENTITLEMENT

The undersigned authorized representative of _____________________________ (hereinafter

"Governmental Entity"), Florida Consumer's Certificate of Exemption Number ,

affirms that the tangible personal property purchased pursuant to Purchase Order Number __________

from ___________________________ (Vendor) on or after _____________ (date) will

be incorporated into or become a part of a public facility as part of a public works contract pursuant to

contract # ___________________ with ___________________________________________ (Name

of Contractor) for the construction of ____________________________________________________.

Governmental Entity affirms that the purchase of the tangible personal property contained in

the attached Purchase Order meets the following exemption requirements contained in Section

212.08(6), F.S., and Rule 12A-1.094, F.A.C.:

You must initial each of the following requirements.

____ 1. The attached Purchase Order is issued directly to the vendor supplying the tangible personal

property the Contractor will use in the identified public works.

____ 2. The vendor’s invoice will be issued directly to Governmental Entity.

____ 3. Payment of the vendor's invoice will be made directly by Governmental Entity to the vendor

from public funds.

____ 4. Governmental Entity will take title to the tangible personal property from the vendor at the

time of purchase or of delivery by the vendor.

____ 5. Governmental Entity assumes the risk of damage or loss at the time of purchase or delivery by

the vendor.

Governmental Entity affirms that if the tangible personal property identified in the attached

Purchase Order does not qualify for the exemption provided in Section 212.08(6), F.S., and Rule 12A-

1.094, F.A.C., Governmental Entity will be subject to the tax, interest, and penalties due on the

tangible personal property purchased. If the Florida Department of Revenue determines that the

tangible personal property purchased tax-exempt by issuing this Certificate does not qualify for the

exemption, Governmental Entity will be liable for any tax, penalty, and interest determined to be due.

I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will

be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to

conviction of a third degree felony.

Under the penalties of perjury, I declare that I have read the foregoing Certificate of

Entitlement and the facts stated in it are true.

______________________________ _____________________ _

Signature of Authorized Representative Title

________________________________ ______________________

Purchaser’s Name (Print or Type) Date

Federal Employer Identification Number: ___________________

Telephone Number:

You must attach a copy of the Purchase Order to this Certificate of Entitlement.

Do not send to the Florida Department of Revenue. This Certificate of Entitlement must be retained in

the vendor’s and the contractor’s books and records.

Attachment "K" DAYTONA STATE COLLEGE DEPARTMENT OF FACILITIES PLANNING

C H A N G E O R D E R

INSTRUCTIONS: When a change to construction project contract is necessary, this form shall be used. Submit five signed and sealed copies of each Change Order as it occurs to the Facilities Planning Department.

Daytona State College USE ONLY

TO: FACILITIES PLANNING DEPARTMENT ATTENTION: DAYTONA STATE COLLEGE 1200 W. INTERNATIONAL SPEEDWAY BLVD. DAYTONA BEACH, FL 32114

(FOR USE ON PROJECTS COSTING OVER $200,000)

RE: CHANGE ORDER NUMBER: OEFIS Assigned Project Number

Daytona State College ( Community College)

( Campus)

827531 ( College Code Number)

Description of Project

OWNER: ( BOARD OF TRUSTEES) OF: Daytona State College Address: Post Office Box 2811 Daytona Beach Florida 32120-2811 Street/P.O. Box City State Zip

( ARCHITECT ENGINEER) FIRM NAME: Address: Street/P.O. Box City State Zip

CONTRACTOR FIRM NAME: Address: Street/P.O. Box City State Zip

THE OWNER AUTHORIZED THE CONTRACTOR TO MAKE THE FOLLOWING CHANGE(S) IN THE CONTRACT DATED:

ORIGINAL CONTRACT AMOUNT: $

REVISED CONTRACT AMOUNT BY PREVIOUS CHANGE ORDER(S): $

PROVIDE A GENERAL DESCRIPTION OF THE CHANGE(S) AND REASON(S) FOR THIS CHANGE ORDER HERE:

ADDITIONAL TIME NEEDED FOR THIS CHANGE ORDER IS CALENDAR DAYS.

FOR THESE CHANGES: ( ADD TO DEDUCT FROM) THE CONTRACT, IN ACCORDANCE WITH THE CONDITIONS OF THE CONTRACT, THE SUM

OF: $

CURRENT CONTRACT AMOUNT: $

STATUS OF ADDITION TO CONTRACT: $

THE ACCOUNT DEDUCTIONS TO CONTRACT: $

REVISED CONTRACT AMOUNT: $

( ARCHITECT ENGINEER) CERTIFICATION: In my considered professional opinion as project ( architect engineer), the prices quoted in this Change Order are both fair and reasonable and in the proper ratio to the cost of the original work contract under benefit of competitive bidding. Signature: Date: ( ARCHITECT ENGINEER) ACCEPTED: Signature: Date: (CONTRACTOR) APPROVED: Owner: Date: ( SUPERINTENDENT PRESIDENT); FOR THE BOARD

USE THIS SPACE TO PROVIDE A DESCRIPTION OF EACH ITEM OF THE CHANGE ORDER: (Note: Please summarize each item in the Change Order consecutively and list the dollar amounts on the right in a column.).

DESCRIPTION OF EACH ITEM:

TOTAL

COST +$ OR -$

Attachment "L" WARRANTY GUARANTEE

DIVISION NO. SECTION NO. TITLE NO. TO: ______________________________ (OWNER) RE: ______________________________ (PROJECT NAME) _____________________________, does hereby certify to all guarantees and warranties taking effect on the date of Substantial Completion and shall remain in force as required by the Contract Documents for the Construction of _____________________________; and further certifies that all labor, materials, equipment, or items necessary to execute said guarantees and warranties shall be furnished at no cost to the Owner for the duration of each guarantee or warranty period. ________________________________________ CONTRACTOR’S NAME _________________________________________ ADDRESS ________________________________________ BY: (Signature)

(Typed name of signee)

TITLE: Sworn to and subscribed before me this day of

, 20 . (NOTARY SEAL) Notary Public, State of Florida My Commission Expires:

Attachment "M" PARTIAL WAIVER AND RELEASE OF LIEN

In consideration of the payment of $ for materials and/or services furnished to on his/her order, and delivered onto and incorporated in the improvement on the real property described as:

Daytona State College,

_____________ Campus

Building # ____, located on __________________

________________________________, Florida, _________

I do hereby waive, release, and quit-claim the right to claim and prosecute a lien under the Mechanic’s Lien Law of the State of Florida for the above amount on said property for the materials and/or services furnished without waiving the right to a lien and to enforce the same for materials and/or services furnished after said date or for any amount in excess of said sum, this being a PARTIAL WAIVER ONLY. I, do hereby warrant that I, have not assigned our rights to claims for payment and have the right to execute this waiver. I further state that all laborers and materialmen have been paid by me.

Dated the day of , 20

(Company)

(Authorized Signature Only)

(Printed Name)

State of Florida, County of I hereby certify that on this day before me, an officer duly authorized to take acknowledgments, personally

appeared (name) of who is

personally known to me or who has produced as identification, and

acknowledged before me that (he/she) executed the same freely and voluntarily for the purpose therein expressed.

Witness my hand and official seal in the County of and State last aforesaid this _____ day of __________, 20___. ______________________________ Notary Public, STATE OF FLORIDA My commission expires __________ (SEAL)

FINAL WAIVER AND RELEASE OF LIEN Know all men by these presents, that _______________________________________________ __________ (Company Name and Address) in consideration of $______________________ and other good and valuable considerations to it in hand paid, receipt of which is hereby acknowledged, does hereby waive, release and relinquish all liens, lien rights, claims and demands of every kind and character which the undersigned now has against the following described property, situated in ______________ county, Florida to-wit:

Daytona State College, _____________ Campus

Building # ____, located on __________________ ________________________________, Florida, _________

The undersigned warrants, that all bills for labor and materials furnished by it in the erection of the improvements on the above described property have been fully paid. This waiver and release shall inure to the benefits of all persons, firms or corporations now having any interest in the above described property.

Dated the ____ day of _______ , 20___ (SEAL)

Authorized Signature Only

(Printed Name)

Witnesses (2 Required)

(Signature) (Signature)

(Printed Name) (Printed Name)

State of Florida, County of ____________ I hereby certify that on this day before me, an officer duly authorized to take acknowledgments, personally appeared of (Name) who is personally known to me or who has produced as identification, and acknowledged before me that (he/she) executed the same freely and voluntarily for the purpose therein expressed. Witness my hand and official seal in the County of and State last aforesaid this day of , 20___. ______________________________ Notary Public, STATE OF FLORIDA My commission expires __________ (SEAL)

Attachment "O" CERTIFICATE OF SUBSTANTIAL COMPLETION AIA DOCUMENT G704 PROJECT: ARCHITECT: ARCHITECT’S PROJECT NO. TO (Owner): CONTRACTOR: CONTRACT FOR: CONTRACT DATE: DATE OF ISSUANCE:

PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The total project as described by the Contract Documents Construction Change Orders and Owner Contractor Agreement.

The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of SubstantialCompletion of the Project or portion thereof designated above is hereby established as: which is also the date of commencement of applicable warranties required by the Contract Document, except as stated below.

DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the Contract Documents. A list of items to be completed or corrected, is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed to in writing. Cost estimate of Work that is incomplete or defective:

ARCHITECT BY: DATE

The Contractor will complete or correct the Work on the list of items attached hereto within days from the above Date of Substantial Completion.

CONTRACTOR BY: DATE

The Owner accepts the Work or Designated portion thereof as substantially complete and will assume full possession thereof at: (time) on (date).

OWNER BY: DATE

The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: The Owner shall assume responsibility for security, maintenance, utilities and damage to the work not incurred by the Contractor. (Note- Owner's and Contractor’s legal and insurance counsel should determine and review insurance requirements and coverage; Contractor shall secure consent of surety company, if any.)

Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER

Attachment "P" Return completed form as needed to: Office of Educational Facilities 325 West Gaines Street, Room 1054 Tallahassee, Florida 32399-0400 (850) 245-0494 Fax (850) 245-9236 or (850) 245-9304

FLORIDA DEPARTMENT OF EDUCATION Office of Educational Facilities

CERTIFICATE OF OCCUPANCY

OEF USE ONLY

INSTRUCTIONS: Submit one copy of the completed form for each project over $300,000. Reproduce this form in sufficient quantity for your use.

RE: _______________________________________________________ (□ School District □ Community College)

______________________________________________________ (□ School Name □ Campus)

______________________________________________________ Description of Project

_______________________________________________________ EFIS Number (if applicable)

In accordance with Section 1013.37(2)(c), Florida Statutes, and upon recommendation of the project architect/engineer and thecertified inspector, as stated below, the subject project is ready for occupancy. Signature: ______________________________________________________ Date: ____________________________ □ Superintendent □ President □ Designee Intended Occupancy Date: _________________________________________

PROJECT ARCHITECT/ENGINEER AND CERTIFIED INSPECTOR I have inspected the subject project and, to the best of my knowledge and ability, I have determined that the safety systems* are working satisfactorily; the facility is in compliance with statutes, rules and codes affecting the health and safety of its occupants; and that no asbestos-containing materials were specified for use in this building, nor to the best of my knowledge were asbestos containing materials used in the construction of this project. Architect or Engineer of Record: __________________________________________________________________________ _____________________ High Performance Green Building Standard Used (S. 255.2575(2), F.S.) Rating Achieved ____________________________________________ ________________________ _____________________ Name (Type or Print) License # Expiration Date Signature: _________________________________________________________________ □ Architect □ Engineer Building Official: _______________________________________________ _____________________________ _____________________ Name (Type or Print) License # Expiration DateSignature: ________________________________________________________

Contractor:

_____________________________________________ ________________________ ____________________ Name (Type or Print) License # Expiration Date Threshold Inspector (if applicable):

_____________________________________________ ________________________ ____________________ Name (Type or Print) License # Expiration Date

Project Information

Code/Edition_____________ Occupancy Type(s)________ Construction Type(s)________ Occupant Load _________

Automatic Sprinkler System Required ____Y ____N District/Community College Permit Number _____________________

Special Permit Stipulations ________________________________________________________________________________ *Safety systems include, but are not limited to: exiting, safety, rescue, fire rating, fire protection, means of egress, master valves, eye wash and dousing shower in science labs; emergency disconnects in shops; fume and dust collection systems; heat and smoke detectors, stage protection including curtain operation, smoke vent, sprinklers, etc.; kitchen hood; fire sprinklers; smoke venting; illumination of means of egress; emergency lighting; emergency power; exit lights; fire alarm systems with required incidental functions; fire extinguishers; fuel fired heaters; electrical illumination; electrical system required ventilation; toilet facilities; kitchen hot water supply; water supply; and sewage disposal as they apply to this project.

OEF 110B Revised August 2009

Attachment "Q" FLORIDA DEPARTMENT OF EDUCATION

Office of Educational Facilities

CERTIFICATE OF FINAL INSPECTION TO Office of Educational Facilities (OEF) 325 West Gaines Street, Room 1054 Tallahassee, Florida 32399-0400 (850) 245-0494, Fax (850) 245-0494 or (850) 245-9304

OEF USE ONLY

INSTRUCTIONS: Submit for OEF files one copy of the completed form for all projects with construction costs exceeding $300,000. Mark the appropriate term within the parentheses. Reproduce this form in sufficient quantity for your use. Section 1013.37(2)(c), F.S.

RE: ______________________________________________________________________________________ OEF Assigned Project Number

______________________________________________________________________________ (□ School District □ Community College)

_________________________________________________________________________________________ (□ School Name □ Campus)

__________________________________________________________________________________ (□ School □ College) Code Number

______________________________________________________________________________________________ Description of Project SECTION A: BOARD’S ACCEPTANCE Upon the recommendation of our Project (□ Architect □ Engineer) in his certification in Section B below, in accordance with Chapter 1013, F.S., THE BOARD ACCEPTED the above-referenced project on _________________________________, _________ Name (Type or Print) _____________________________________________________ Signature: _____________________________________________________________ Date: __________________________, ________ (□ Superintendent □ President)

SECTION B: (□ ARCHITECT □ ENGINEER) CERTIFICATION As PROJECT (□ ARCHITECT □ ENGINEER), I have inspected this project and, in my considered professional opinion, the work required by the contract for this project has been completed in accordance with approved contract documents; Chapter 1013, Florida Statutes, Rule 6A-2.0010, FAC, Chapter 553, FS, and the Florida Building Code. Signature:______________________________________________________ Date: _______________________ Firm Name:__________________________________________________________________________________________________ Address: ________________________________________________________________________________________________________ Street/P.O. Box City State Zip

SECTION C: □ Building Official □ Other (Specify) Certification ______________________________________

I have inspected the project and, in my considered opinion, it is complete and in accordance with applicable statutes, rules, and codes.

Name (Type or Print) ______________________________________________________ Signature:________________________________________________________________ Date: ________________________, _______

□ Building Official □ Certified Inspector SECTION D: FACILITY INFORMATION.

1. TYPE OF PROJECT: □ New Plant

□ Addition □ Remodeling

□ Renovation □ __________

2. CORRECTED “SPACE INVENTORY REPORT” (land, building, room) HAS BEEN FILED WITH THE

OEF: □ Yes □ No □ N/A If “No,” explain: ____________________

_____________________________________________________________________________

3. SOURCE OF FUNDS: 4. ADJUSTED FINAL CONTRACT AMOUNT: $ _________________________________________

□ Local □ State 5. PROJECT GROSS SQUARE FOOTAGE: ____________________________________SQ. FT.

□ Federal □ ___________ 6. COST PER GROSS SQUARE FOOT: $_______________________________________________

7. COST PER STUDENT STATION: $ __________________________________________

OEF 209

DOE Page 1 of 2

Revised August 2009

CERTIFICATE OF FINAL INSPECTION (CFI)

8. BUILDING CONTRACT DATE: _______________________________ COMPLETION DATE: ___________________________________ 9. CHANGE ORDERS - List of each Change Order and amount:

C.O. No. __________________ $ ___________________________ C.O. No. __________________ $ _________________________

C.O. No. __________________ $ ___________________________ C.O. No. __________________ $ _________________________

C.O. No. __________________ $ ___________________________ C.O. No. __________________ $ _________________________

C.O. No. __________________ $ ___________________________ C.O. No. __________________ $ _________________________

10. Date of Occupancy: ______________________________________________________________________________

_______________________________________________________________________________

11. Additional Information:

OEF 209 DOE Page 2 of 2

Attachment "R"

Standard Form of Agreement Between Owner and Contractor

where the basis of payment is a STIPULATED SUM

DSC EDITION

AGREEMENT made as of the day of in the year Two Thousand and BETWEEN the Owner: Daytona State College (Name and address) 1200 West International Speedway Boulevard Daytona Beach, Florida 32114 and the Contractor: (Name and address) The Project is: (Name and location) The Engineer is: (Name and address)

The Owner and Contractor agree as set forth below.

ARTICLE 1 THE CONTRACT DOCUMENTS

The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representation or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT

The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.

Work will commence on the date established in the Notice to Proceed. All work will commence no later than seven (7) days from the date of the Notice to Proceed. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than . (Insert the calendar dates or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.)

Final completion is to be achieved on or before , subject to adjustments of this Contract Time as provided in the Contract Documents.

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, and not as a penalty, the amount of: (i) $500.00 per calendar day until the Architect issues the Certificate of Substantial Completion; plus (ii) $250.00 per calendar day until the Final Completion Certificate is issued by the Architect. The $250.00 per day shall begin on the Thirty-first day after Substantial Completion until the date the final completion certificate is issued by the Architect.

ARTICLE 4

CONTRACT SUM

4.1 The Owner shall pay the Contractor in current funds for the Contractor’s performance of the Contract the Contract Sum of , subject to additions and deductions as provided in the Contract Documents.

4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Base Bid $ (No other Alternates are accepted.) 4.3 Unit prices, if any, are as follows:

ARTICLE 5 PROGRESS PAYMENTS

5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Application for Payment shall be submitted to the Owner for approval. After the Architect has approved the Application for Payment, the Owner will furnish payment within 14 days of approved receipt of Application for Payment from the Architect. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values less retainage of ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent (10%); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances. 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to 100 percent of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts

payable in accordance with Subparagraph 9.10.3 of the General Conditions 5.8 Reduction of limitations of retainage, if any, shall be as follows: Following substantial completion and upon approval by the Architect and the Project Manager the retainage amount may be reduced to five percent (5%) of the contract amount less any amounts stipulated for incomplete work and unsettled claims.

ARTICLE 6 FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor’s responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect’s final Certificate for Payments, or as follows:

ARTICLE 7 MISCELLANEOUS PROVISIONS

7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.)

(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at he Owner’s and Contractor’s principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.)

7.3 Other provisions:

ARTICLE 8 TERMINATION OR SUSPENSION

8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.

ARTICLE 9

ENUMERATION OF CONTRACT DOCUMENTS

9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, DSC Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, DSC Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated ____________, and as follows: Document Title Project Manual Construction Documents, Technical Specifications 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the 2004 Specifications here or refer to an exhibit to this Agreement.)

PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP: Division 00 — Procurement and Contracting Requirements SPECIFICATIONS GROUP General Requirements Subgroup Division 01 — General Requirements Facility Construction Subgroup Division 02 — Existing Conditions Division 03 — Concrete Division 04 — Masonry Division 05 — Metals Division 06 — Wood, Plastics, and Composites Division 07 — Thermal and Moisture Protection Division 08 — Openings Division 09 — Finishes Division 10 — Specialties Division 11 — Equipment Division 12 — Furnishings Division 13 — Special Construction Division 14 — Conveying Equipment Division 15 — RESERVED FOR FUTURE EXPANSION Division 16 — RESERVED FOR FUTURE EXPANSION Division 17 — RESERVED FOR FUTURE EXPANSION Division 18 — RESERVED FOR FUTURE EXPANSION Division 19 — RESERVED FOR FUTURE EXPANSION Facility Services Subgroup: Division 20 — RESERVED FOR FUTURE EXPANSION Division 21 — Fire Suppression Division 22 — Plumbing Division 23 — Heating Ventilating and Air Conditioning Division 24 — RESERVED FOR FUTURE EXPANSION Division 25 — Integrated Automation Division 26 — Electrical Division 27 — Communications Division 28 — Electronic Safety and Security Division 29 — RESERVED FOR FUTURE EXPANSION Site and Infrastructure Subgroup: Division 30 — RESERVED FOR FUTURE EXPANSION Division 31 — Earthwork Division 32 — Exterior Improvements Division 33 — Utilities Division 34 — Transportation Division 35 — Waterway and Marine Division 36 — RESERVED FOR FUTURE EXPANSION Division 37 — RESERVED FOR FUTURE EXPANSION Division 38 — RESERVED FOR FUTURE EXPANSION Division 39 — RESERVED FOR FUTURE EXPANSION Process Equipment Subgroup: Division 40 — Process Integration Division 41 — Material Processing and Handling Equipment Division 42 — Process Heating, Cooling, and Drying Equipment Division 43 — Process Gas and Liquid Handling, Purification and Storage Equipment Division 44 — Pollution Control Equipment Division 45 — Industry-Specific Manufacturing Equipment Division 46 — Water and Wastewater Equipment Division 47 — RESERVED FOR FUTURE EXPANSION Division 48 — Electrical Power Generation Division 49 — RESERVED FOR FUTURE EXPANSION

9.1.5 The Drawings are as follows, and are dated Moth day, YEAR unless a different date is shown below: 9.1.6 The Addenda, if any, are as follows: Number Date Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents, which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor’s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.)

This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONTRACTOR

Daytona State College (Signature) (Signature)

Daytona State College President (Printed name and title) (Printed name and title)

Modified AIA G702 & G703 Application and Certificate for Payment available upon request

END OF SECTION II