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					UNF Hall Phase 3, Jacksonville, Florida

                             SECTION 00200 - INSTRUCTIONS TO BIDDERS

Please be certain that you have seen and understand all pages of these instructions to bidders as you will be
responsible for doing so. To ensure the acceptance of your bid, please read and follow these directions:

        NOTE: All terms subject to clarification shall have the same definitions as found in the sample
        "Master Trade Agreement" contained in these bid documents. All of the conditions applicable to the
        bid shall be read so as to give meaning to all of such provisions. However, when there is a conflict in
        the interpretation between a condition in the Instructions to Bidders and a Contract Document
        provision, the Contract Document shall control.

The University of North Florida, JSA Architects and Danis Building Construction Company have created the
following bid procedure to ensure an equal opportunity for all bidders, to ensure that bids received are
responsive to the specifications, and to minimize any misunderstandings in advance of bid openings.

         Particular attention of all bidders is drawn to the provisions of this solicitation and the resulting
contract dealing with pre-bid inquiries, pre-bid and pre-award conferences and the duty of the bidders to
disclose any significant fact or question which will adversely affect the cost or time of completion of this
project. Bidders are cautioned that they disregard these provisions at their own peril.

         Bidders are directed to study and follow these instructions as to the method and form for submitting
bids so there will be no reason to reject a bid.

Description of work
The work consists of the interior build-out of approximately 23,000 SF to include the providing all labor,
materials, services, equipment and supervision complete as shown for the UNF Hall (the former AOL
building), Jacksonville, Florida. The scope of work is identified below and as shown within the bid

Invitation to Bid
Bidding shall be by invitation only to pre-qualified bidders. Any request for drawings and specifications
shall be handled through Danis Building Construction. Danis will provide one (1) set of bidding
documents to invited contractors only. Contractors are responsible for returning documents to Danis after
bid if not the successful bidder.

Receipt of Bids
Bid Proposals are due at 2:00 p.m. on Thursday, December 10, 2008. Proposals must be submitted in
duplicate and hand delivered in a sealed envelope using the enclosed bid form and labeled as:

                          Danis Building Construction
                          10748 Deerwood Park Boulevard South
                          Jacksonville, FL 32256

                          Attention: Christine Brown

                          UNF Hall Phase 3

                          BID PACKAGE: _________________________________
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UNF Hall Phase 3, Jacksonville, Florida

         All bids, including any amendment or withdrawal, must be received at Danis Building Construction by
no later than the time of opening the bids. Any bid, amendment or withdrawal which has not been actually
received by the person opening bids prior to the time of the scheduled bid opening will not be considered.
Conditional or qualified bids may be considered non-responsive.

        The submitted bid envelope must be directed to Danis, and endorsed on the outside of the envelope
with the project name and full name and address of the bidder.
        1)       Bidders must use the Bid Proposal Form furnished by Danis or a copy thereof.
        2)       Bidders must use a sealed envelope properly identified as stated above to assure proper
        3)       Submitted bid documents having any erasures or corrections thereon may be rejected unless
                 explained or noted over the signature of the bidder.
        4)       Fill in all spaces on the Bid Proposal Form. If a particular space in the Bid Proposal Form is
                 not applicable to your bid, indicate "Not Applicable," "n/a" or some other similar designation.
                  Leaving blank spaces may cause Danis to determine, in its discretion, that the bid is non-

Official Clock
The official clock to determine whether bids are submitted before the time at which all bids are due shall be the
clock located in the office where the bids are received.

Bid Security
A Bid Bond equal to 10% of contractors bid will be required for all bids in excess of $75,000.
Use the attached Danis Bid Bond Form.

Processing of Bids
Danis and/or the University of North Florida may, in its sole discretion, do any or all of the following where, in
the sole judgment of Danis and/or the University of North Florida or its agents, it is in the best interest of the
University of North Florida to do so:
         1)     Accept any Bid
         2)     Reject defective or non-responsive bids;
         3)     Waive any irregularity or clerical error in any and all bids;
         4)     Accept a part or parts of a bid unless otherwise restricted in the bid documents;
         5)     Reject any or all bids; or
         6)     Re-bid the project or any part of the project.

Bid Evaluation
All bids received shall be evaluated using the following three (3) procedures:
In determining lowest responsive and responsible bidder, both separate bids and combined bids will be
considered. Also, all or any combination of Alternates may be accepted in determining the lowest and best bid.
Selection will be based on total Project costs. Combined bids for the whole or for two or more kinds of work
that are lower than the separate bids in aggregate may be selected.

Responsible Bidders
The University of North Florida and Danis reserve the right to consider all elements entering into the question
of determining the responsiveness and responsibility of any individual bidder.

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UNF Hall Phase 3, Jacksonville, Florida

The bidder is specifically advised that any person, firm or other party to whom it is proposed to award a
subcontract under his contract must be acceptable to The University of North Florida, JSA Architects and
Danis Building Construction.

Qualification of Bidder
Danis may make such investigation as they deem necessary to determine the ability of the bidder to
perform the work, and the bidder shall furnish to Danis all such information and date for the purpose as
Danis may request. Danis reserves the right to reject any bid if the evidence submitted by, or investigation
of, such bidder fails to satisfy Danis that such bidder is properly qualified to carry out the obligations of the
Contract and to complete the work contemplated therein. Conditional bids will not be accepted. Danis
reserves the right to accept, reject, or waive any informalities in any Proposal made for the Project at any
time within sixty (60) days following the date established for the receipt of bids.

Each bidder shall, upon request of Danis, submit on the form supplied by Danis, a statement of the bidder's
qualifications, its construction experience, full details of work presently under contract, and full details on the
last five (5) completed construction contracts, its organization and equipment available for the Work included
in this Project; and, when specifically requested by Danis, a detailed financial statement.

By submitting a bid and providing information regarding past projects, the bidder is waiving any claims it may
have against the owner or any person responding to requests for information. Even in the absence of such a
provision, such persons are protected by a "qualified privilege."

Examination of Site
Prior to submittal of proposals, all bidders shall make, and will be deemed to have made, a thorough
examination of the site and have familiarized themselves with the work and all conditions existing thereof.
The bidder shall make its own investigation to determine all underground structures and utility lines.

The submission of a proposal will be construed as an acknowledgment that the bidder has conducted its
own investigation and fully understands the conditions and difficulties of the Work, Plans, Specifications,
Contract Documents, and all matters relating to the Project.

Examination of Contract Documents
Before submitting proposals, bidders shall carefully examine the complete Contract Documents, including
the Drawings and Specifications, and shall bring any discrepancies to the attention of Danis Building
Construction. The failure or omission of any bidder to receive or examine any form, instrument or
document shall in no way relieve any bidder from any obligation with respect to its bid

Conditions of the Work
Each bidder shall inform himself fully of the conditions relating to construction of the project and the
employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to
furnish all material and labor necessary to carry out the provisions of the Contract.

Laws and Regulations
The bidders attention is directed to the fact that all applicable State laws, City and Municipal ordinances
and the rules and regulations of all authorities having jurisdiction over the construction of the project shall
Section 00200 – Instruction to Bidders                                                           Page 3 of 9
UNF Hall Phase 3, Jacksonville, Florida

apply to the Contract throughout and they will be deemed to be included in the Contract the same as if
written therein in full.

Award of Contract
The Contract will be awarded to the lowest and/or best qualified responsible bidder. Danis and the
University of North Florida reserve the right to accept any of the proposals submitted or to reject all
proposals and to waive any irregularities or informalities in any proposal as their interests are best served.
Danis will issue a letter of intent of the successful bidder with instructions to proceed. Contract
Documents will be prepared by Danis as soon as possible for signatures of awarded contractor and Danis.

Performance Labor Material Bonds:
A Performance Bond and Payment Bond are both required for all contracts greater than $75,000 in value.
Sample copies of Danis’ standard forms for Performance Bond and Payment Bond are attached. Costs for
this bond shall be included in your proposal price and indicated on the provided bid form.

Interpretation of Contract Documents:
Bidders requiring further information or interpretation of the Contract documents of any inconsistency
discovered within these Contract documents shall be brought to the attention of Danis for clarification
using the enclosed RFI Form. Clarification shall be made to all bidders by Danis in the form of a written

Clarification or Questions related to Contract Documents shall be directed as follows:

        Danis Building Construction
        Christine Brown – Estimating Coordinator
        FAX: 904-721-2496

Questions About Bidding

All bidders are requested to submit to Danis written requests for explanation, interpretation or other inquiry, at
least 72 hours prior to the time set for the opening of bids. All such inquiries shall be issued to all bidders in
the form of an addendum. Questions submitted later than 72 hours prior to bidding will not be addressed.

        CAUTION: Only official, written addenda shall create a binding contractual commitment upon the
        Owner in response to any request for explanation, interpretation or other inquiries. Any other
        response shall be for information only and shall not have contractual significance unless set forth in an
        official, written addenda.

Answers to all questions, inquiries or requests for additional information will be issued in the form of
Addenda, and copies of each Addendum will be issued to all prospective bidders. The University of North
Florida, Danis and JSA Architects will not be responsible for the authenticity or correctness of oral
interpretations of the Contract Documents or for information obtained in any other manner than through
the media of Addenda. Receipt of such Addendum shall be acknowledged by bidders in their proposals
and each Addendum shall be considered a part of the Contract Document.

Section 00200 – Instruction to Bidders                                                          Page 4 of 9
UNF Hall Phase 3, Jacksonville, Florida

Failure to acknowledge receipt of any Addenda issued may invalidate a proposal as incomplete.
Addendums will be faxed to bidding contractors and receipt shall be so noted on bid proposal.

Every effort will be made by Danis to ensure that contractors receive all official, written addenda when issued.
Addenda, both by mail and wire facsimile, will be sent to the address or telephone number provided when
contract documents were requested. It is unusual for there to be no addenda issued. It is sometimes possible
that notwithstanding Danis’ good faith best efforts to avoid the possibility that a particular bidder or bidders
may be overlooked in transmitting of addenda or that a particular mailing is lost or not delivered to all
identified bidders. To protect its interests all bidders are cautioned to inquire in a timely fashion to assure that
all addenda have been received and that the cost consequence thereof have been included in the bid submitted.

Bidder's Signature
Each Bid Proposal Form and Certification must be signed by each and every person or entity
who is making the bid or by each and every bidder's duly authorized agent, using the full and
usual signature of the bidding person or entity wherever the bidder's name is requested in the
bid documents.

All documents requiring signature must have original signatures. No facsimiles or photocopies of signatures
will be accepted.

Building Code
The successful bidder shall comply in every respect with the latest edition of the Florida Building Code and the
Code's subsequent approved amendments, as well as any other codes identified in the Contract Documents.
The successful bidder shall be solely responsible for any damage, or injury, or delay caused to the Owner, or
others, through any failure or negligence to observe said laws or regulations.

Pre-bid Conference
A.       A pre-bid conference is scheduled to provide for identification and discussion of potential problems
which might arise during the administration of any subsequent contract. All potential bidders are requested to
attend this conference. The meeting will be held at:

        University of North Florida
        UNF Hall Phase 3 Project Site
        Monday, November 17, 2008, 2:00 p.m .

        For directions call Christine Brown, (904) 724-6045 or

B.       Each bidder is aware that bidders who attend the pre-bid meeting without having fully developed
an integrated plan for accomplishment of the specifications and their integration into the total design will
be at a procedural pre-bid disadvantage to those who do and may possibly assume risks of failure on the
project should they become the lowest and best bidder. Each bidder is aware that it is the purpose of the
pre-bid conference to assist bidders in achieving quality performance on this Project by a full and complete
understanding of the design interrelationship of the specifications. Bidders shall treat this matter as if final
bids were required on the date of the pre-bid conference. By being so prepared, each bidder is able to raise
questions concerning any matter which was unclear in the bidding process or which had to be evaluated on
the basis of subjective judgment of the bidder. (All bidders are cautioned to raise these questions.)

C.      Each bidder recognizes that the purpose of the pre-bid conference is to resolve ambiguities,
inconsistencies, errors or omissions in the Contract Documents and to fully understand the sequence of
Section 00200 – Instruction to Bidders                                                            Page 5 of 9
UNF Hall Phase 3, Jacksonville, Florida

construction and existing work environment and work restrictions.

D.      At the conclusion of the pre-bid conference, all inquiries shall be reduced to writing and shall be
        published as an addendum to this bid solicitation, so that all bidders may bid on an equal basis,
        free from error and with a clear understanding of the requirement of this contract.

Conflict of Interest
Prospective bidders shall not contact any employee of the University of North Florida by any means or
method, including by telephone, regarding this specification and the procurement it represents except in the
manner indicated above. Failure to comply with this requirement may result in the disqualification of the

The intent of the bid documents and the agreement stemming there from is to include all items necessary for
the proper execution and completion of the Work by the successful bidder. The bid documents and the
agreement stemming there from are complementary, and what is required by one shall be as binding as if
required by all. Performance by the successful bidder shall be required only to the extent consistent with the
bid documents and the agreement stemming there from and reasonably inferable from them all as being
necessary to produce the intended results.

       9.1       General Requirements. Throughout the performance of the Subcontract Work on a Project
                 or longer as may be described below, the Subcontractor must obtain, pay for, and keep in
                 force, the minimum insurance coverage described in this Section 18. Before starting the
                 Subcontract Work on a Project, upon renewal of any policy, and upon a change of any
                 insurance carrier, the Subcontractor must deliver to Danis certificates evidencing that the
                 required insurance is in force. This Section 18 shall not be construed to eliminate or any way
                 reduce any other rights which Danis or the Owner have by law or through the Subcontract
                 Documents. For all policies required under this Section 18:
                 (A)      Subcontractor must place the insurance with companies that (1) are satisfactory to
                          Danis, (2) hold an A.M. Best Rating of A-, VII, or higher, and (3) are authorized to
                          conduct business in the state where the Project is located.

                 (B)      All policies and the certificate(s) of insurance must provide that coverage will not be
                          cancelled or not renewed until at least 30-days’ prior written notice has been given to

                 (C)      Within 30 days of Danis’ request, the Subcontractor must provide insurance-
                          company certified copies of the policies and all policy endorsements.

                 (D)      If Subcontractor fails to obtain and keep in full force and effect any of the insurance
                          required of it under the Subcontract, Danis may purchase the coverage and
                          Subcontractor shall repay any sums so advanced by Danis upon demand.

        9.2      Workers Compensation and Employers Liability Insurance. The Subcontractor shall
                 maintain workers compensation and employers liability coverage meeting all applicable
                 statutory requirements.
Section 00200 – Instruction to Bidders                                                         Page 6 of 9
UNF Hall Phase 3, Jacksonville, Florida

                 (A)      The insurance shall be written on policy form WC 00 00 01 A (current edition).

                 (B)      The employers liability coverage shall have limits of not less than $1,000,000 each
                          accident for bodily injury by accident, $1,000,000 each employee for bodily injury by
                          disease, and $1,000,000 policy limit for injury by disease. The Subcontractor may
                          rely on the Excess policy to achieve the required minimum limits.

                 (C)      The Subcontractor shall include Danis as an alternate employer using endorsement
                          WC 00 03 01 A.

                 (D)      The Subcontractor shall waive its WC insurer’s right of subrogation against Danis
                          using endorsement WC 00 03 13.

        9.3      Commercial General Liability. The Subcontractor shall maintain commercial general
                 liability (“CGL”) coverage with a limit of not less than $1,000,000 each occurrence.
                 (A)       The CGL insurance shall be written on ISO occurrence form CG 00 01 10 01 or a
                           substitute form providing at least equivalent coverage for liability arising from
                           premises, operations, independent contractors, products/completed operations,
                           personal and advertising injury, and liability assumed under an insured contract.

                  (B)     Subcontractor shall include Danis, the Owner, and their respective officers,
                          employees, and agents as additional insureds under the CGL policy using ISO
                          endorsement CG 20 10 11 85 or a substitute form providing equivalent coverage.

                 (C)      The CGL policy shall be endorsed using ISO endorsement CG 25 03 or a substitute
                          form providing equivalent coverage to provide that the general aggregate limit
                          applies separately to each Project.

                 (D)      The CGL insurance shall apply as primary insurance with respect to any other
                          insurance or self-insurance programs which cover the additional insureds.

                 (E)      The CGL policy shall not be endorsed or modified to make it excess over other
                          available insurance. If the policy states that it is excess or pro rata, the policy shall be
                          endorsed to be primary with respect to the additional insureds.

                 (F)      The CGL policy shall not exclude coverage to the additional insureds for bodily
                          injury or property damage arising out of the products-completed operations hazard.

                 (G)      The Subcontractor shall maintain the CGL insurance in effect for no less than the
                          shorter of (A) the period of the applicable statute of repose (if any) or (B) ten years
                          after final payment to the Subcontractor.

        9.4      Business Auto. The Subcontractor shall maintain business automobile coverage (“Auto”)
                 with a limit of not less than $1,000,000.00 each accident.
                 (A)      The Auto policy shall be written on ISO form CA 00 01 10 01 or a substitute form
                          providing at least equivalent coverage.

                 (B)      The Auto insurance shall extend to any auto (including owned and non-owned).

Section 00200 – Instruction to Bidders                                                             Page 7 of 9
UNF Hall Phase 3, Jacksonville, Florida

                 (C)      Subcontractor shall include Danis, the Owner, and their respective officers,
                          employees, and agents as additional insureds under the Auto policy using ISO
                          endorsement CA 20 48 or a substitute form providing equivalent coverage.

                 (D)      The Auto insurance shall apply as primary insurance with respect to any other
                          insurance or self-insurance programs which cover the additional insureds.

                 (E)      The Auto policy shall not be endorsed or modified to make it excess over other
                          available insurance. If the policy states that it is excess or pro rata, the policy shall be
                          endorsed to be primary with respect to the additional insureds.

        9.5      Excess/Umbrella Liability. The Subcontractor shall maintain excess/umbrella liability
                 (“Excess”) coverage with a limit of not less than $2,000,000 Combined Single Limit, except
                 when the Subcontract Price exceeds $1,000,000, in which event the policy(ies) shall be
                 written with a limit of not less than $5,000,000 Combined Single Limit. The policy(ies) shall
                 be endorsed in the same form and manner as the CGL, Auto, and the Employer's Liability

        9.6      Other Insurance. Subcontractor shall provide any other insurance Danis or the Subcontract
                 Documents require to cover the Subcontract Work including, but not limited to, design and
                 architectural professional services insurance.

        9.7      Mutual Waiver of Subrogation. Danis and Subcontractor waive all rights against (A) each
                 other and their officers, employees and agents, and (B) Owner, Architect/Engineer,
                 Architect’s/Engineer’s consultants and their officers, employees and agents for damages
                 caused by fire or other perils to the extent waived between Danis and the Owner and to the
                 extent covered by property insurance provided under the Subcontract Documents or other
                 property insurance applicable to the work, except such rights they may have to proceeds of
                 insurance. Subcontractor shall require of its lower tier subcontractors, agents and employees,
                 by appropriate agreements, written where legally required for validity, similar waivers in favor
                 of the parties listed in this Section 18.8. The policies shall provide such waivers of
                 subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a
                 person or entity even though that person or entity would otherwise have a duty of
                 indemnification, contractual or otherwise, did not pay the insurance premium directly or
                 indirectly, and whether or not the person or entity had an insurable interest in the property

Times of Completion
Time is of the essence to the Contract Documents and all obligations there under. In determining the lowest
responsive and responsible bidder, Danis will take into consideration the time required for completion fixed by
the bidder in its proposal. The preliminary schedule (attached) indicates the scheduled times and dates for
completion of the scopes of this bid package. The schedule will be the controlling factor regarding timely
performance of this contract.

Since time is of the essence, the successful bidder will agree and acknowledge that (1) The University of North
Florida is entitled to full and beneficial occupancy and use of the completed Work upon expiration of the
Contract Time of construction and (2) The University of North Florida has or will enter into contracts,

Section 00200 – Instruction to Bidders                                                             Page 8 of 9
UNF Hall Phase 3, Jacksonville, Florida

agreements and commitments based upon the successful bidder achieving Substantial Completion of the Work
within the Contract Time. The successful bidder will further agree that if it fails to cause substantial
Completion of the Work or any portion of the Work within the Contract Time, the Owner will sustain
extensive damages and loss as a result of such failure, the exact amount of which will be extremely difficult to

Sample Contract
Contained in these bid documents is a sample contract document entitled "Master Trade Agreement." Such
contract document is an example of the contract document that the successful bidder will be required to sign to
evidence the Agreement between that successful bidder and Danis stemming from this solicitation. All blanks
contained in the sample shall be filled in by Danis before such document is presented to the successful bidder

Offer to Contract
Execution of the contract document presented by Danis for execution by the successful bidder shall constitute
an offer by the successful bidder to contract with Danis to perform the Work subject to the Contract
Documents. Such executed Contract shall be neither accepted nor binding until (1) returned to Danis within
five (5) days of receipt for signature (unless such time is otherwise extended in writing by Danis or its duly
authorized agent), (2) Contractor’s Performance and Payment Bonds are received within ten (10) days of
receipt and (3) signed by Danis. Such offer to contract shall not be revocable by the bidder, except as provided
by law.

Direct Purchase by Owner:
The University of North Florida (Owner) is tax exempt and may wish to exercise its right to purchase directly
various construction materials, suppliers and equipment that may be part of this contract. This contractor will
utilize the University’s Direct Purchase Program.

Bid Proposal Duration
By submitting your bid you agree to leave your bid proposal firm for sixty (60) days after the bid opening date
unless otherwise stated therein.

Liability for Bid Preparation
The Owner, and any officers, employees, successors, administrators or agents of same, assumes no
responsibility nor liability for costs incurred in the preparation and/or submission of any bid.

                                 END OF INSTRUCTIONS TO BIDDERS

Section 00200 – Instruction to Bidders                                                        Page 9 of 9

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