HomeMy WebLinkAboutR-2016-027 Authorizes overlaying & milling on streets impacted by B.C. Water & Wastewater Projects in west Dania Beach in FY 2016, in an amount not to exceed $72,000 from Ric-Man Construction. RESOLUTION NO. 2016-027
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO
PURCHASE AND PROVIDE FOR OVERLAYING AND MILLING ON THE
STREETS IMPACTED BY THE BROWARD COUNTY WATER AND
WASTEWATER PROJECTS IN THE WESTERN PORTION OF DANIA
BEACH IN FISCAL YEAR 2016, IN AN AMOUNT NOT TO EXCEED
SEVENTY TWO THOUSAND DOLLARS ($72,000.00), FROM RIC-MAN
CONSTRUCTION FLORIDA, INC. WITHOUT COMPETITIVE BIDDING
AND WITHOUT ADVERTISEMENTS FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission, and if such purchases are made
pursuant to a competitive bid obtained within the last eighteen (18) months by other government
agencies such as the federal government, State of Florida or a Florida municipality or county;
and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), sets the monetary threshold or limitation at$25,000.00; and
WHEREAS, the Public Services Director has determined that it is necessary to purchase
overlaying and milling pavement services on the streets that were affected by Broward County
Water and Wastewater project work; and
WHEREAS, Broward County is repairing one half of the road and the City is agreeing to
pave the other half of the road for consistency; and
WHEREAS, it is in the best interest of the City to use Ric-Man Construction, Inc. which
is currently re-paving the other side of the road and will honor pricing in accordance with its
existing contract with Broward County based upon Bid No. Y1200707C1, a copy of which is
attached as Exhibit "A", which is made a part of and is incorporated into this Resolution by this
reference; and
WHEREAS, the aforementioned contract was competitively bid and awarded in March
2014, placing this bid outside the City's requirement that utilization of another government
agency contract requires the contract to be competitively bid within eighteen(18)months; and
WHEREAS, the Public Services Director is seeking approval to waive this eighteen (18)
month requirement;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being
true and correct and they are made a specific part of and incorporated into this Resolution by this
reference.
Section 2. That the City Manager is authorized to enter into an agreement and pay
Ric-Man Construction an amount not to exceed Seventy Two Thousand Dollars ($72,000.00) for
Fiscal Year 2016, for overlaying and milling of roadways affected by the Broward County Water
and Wastewater service projects in the western portion of the City(a copy of the map identifying
the roadway is attached as Exhibit `B"), in accordance with Broward County's Bid No.
Y 1200707C L
Section 3. That the proper City officials are authorized to execute an associated
agreement, if necessary; provided, however, that no agreement will become effective unless and
until City officials complete their execution of it.
Section 4. That funding for the purchase is available in the General Fund, Streets
Division, Streets Maintenance Account, Account No. 001-39-06-541-46-60 in the amount of
Seventy Two Thousand Dollars ($72,000.00).
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION#2016-027
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on April 12, 2016.
ATTEST: �A�15 FrRsTo���-
LOUISE STILSON, CMC CidA. SALVINO, SR.
CITY CLERK AYOR
AS'6� 1
APPROVED AS TO F �i AND CORRECTNESS:
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THOM S J. "ISBRO
CITY ATT RNEY
3 RESOLUTION#2016-027
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B1 ,c�:'WA ID
i COUNTY
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BROWARD COUNTY WATER AND WASTEWATER SERVICES
i
CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF THE
i
' UAZ 314,UAZ 316 AND UAZ 318 WATER AND SEWER IMPROVEMENTS
BCWWS PROJECT NUMBERS:9115/9068/9069
iBID NO.:V1200707C1
' MARCH 2O14
' VOLUME I
iVolume I: Bid and Contract Documents
' Volume II: Technical Specifications
Volume III: General Drawings and Standard Details
1
CHORE
1
&ASSOCIAITS
i500 Cypress Creek Road,Suite 630
Fort Lauderdale FL 33309
' Phone:(954)730-0707
Bid No.Y1200707C1
t
' CONSTRUCTION CONTRACT DOCUMENTS
FOR THE FOLLOWING PROJECT(S):
UAZ 314.UAZ 316 AND UAZ 318 WATER AND SEWER IMPR-GVEMENTS
' BROWARD COUNTY
through Its
' BOARD OF COUNTY COMMISSIONERS
Of
' BROWARD COUNTY,FLORIDA
BID/CONTRACT NO.:Y1200707C1
VOLUME I - BID AND CONTRACT DOCUMENTS
1
1
Solicitation No.Y1200707CI
Addendum No. 1
BIGWA RD
Finance and Administration Services Department
PURCHASING DIVISION
115 S.Andrews Avenue,Room 212,Fort Lauderdale.Florida 33301 1954-357-6066 1 FAX 954-357-8535 1 ftgard.oralPurehasino
Hours of Ope ration:Monday through Friday 8:30 a.m.to 5:00 p.m.
' ADDENDUM NO. 1
Solicitation No.: Y1200707C1
Solicitation Title: UAZ 314, UAZ 316 and UAZ 318 Water and Sewer Improvements
Date Of Addendum:January 8, 2014
Attention all potential bidders:
® Must Addendum: Read carefully and follow all instructions. Information included in this Addendum will
' have a material impact on the submittal for this solicitation.All"MUST"addenda and revised Bid Sheets
are considered a matter of responsiveness. "MUST"addenda must be returned with your Bid submittal
or acknowledged on the Bid Tender Form. All revised Bid Sheets must be returned with your Bid,
submittal. Failure of a Submitter to or acknowledge the addenda and return the revised Bid Sheets shall
be cause for rejection of the bid.
®Return Addendum with Bid Submittal or Acknowledge on the Bid Sheet
To all prospective bidders,Rlease note the following changes and clarifications:
Words in Wilkethfough type are deletions from existing text. Wards in bold underlined,type are additions to
existing text.
1. The Bid Opening Date has been revised as follows: January 22, 2014 at 2:00 p.m. Location remains
' the same.
2. A subsequent Addendum will be issued to clarify additional requirements, revise the electronic
bid pricing sheet and revise the drawings.Please continue to monitor the Purchasing Division's
website at www.broward-ora/oumhasino for further information.
3. Refer to CONSTRUCTION CONTRACT DOCUMENTS:
3.1 SECTION 002100: INSTRUCTION TO BIDDERS: Paragraph 21, Local Preference,Sub-
paragraph 21 A is revised as follows:
21.4 Form U 00456-10 and a copy a business's local business tax receipt (or if exempt,
documentation establishing physical presence at location for one year prior to bid submission)
should be submitted in order to be considered for Local Preference. If not submitted with the
bid, it must be submitted within three business days of notification from the County. Failure to
timely submit may render the business ineligible for application of the Local Preference. The
County may request verification of any information required to confirm certification.'
Addendum Form 3(rev 08l2012) Page 1 of 5
' A Service of Ow Bmwwd Counly Board of County Commissioners
EXCONOMo in 60usrnmant PA.NW wtmt-Ou►Be&.Nothing Less.
Solicitation No.Y1200707CI
Addendum No. 1
3.2 Form 004546-10, Local Business or Locally-Headquartered Business Certification is
hereby ADDED and attached.
3.3 SECTION 002100: INSTRUCTION TO BIDDERS: Paragraph 42.,Self-Certification Owner
' Ethnicity/Gender(Optional), is hereby ADDED as follows:
42. Self-Certification Owner Ethnicity/Gender(Optional): Vendor Is requested to fill out and
submit Self-Certificadon: Owner Ethnicity/Gendn (Form 004546-9). The Information
requested is voluntary and not a reauirsment to respond to a Broward County
solicitation. However, in the event that your comoanv becomes the recommended
vendor for award,this information will be reauired prior to award. Recommended vendor
1 for award must submit within three 131 business days of County's reauest'
3.2 Form 004546-9, Self-Certification Owner Ethnicity/Gender(Optional)is hereby ADDED and
attached.
4. Refer to TECHNICAL SPECIFICATIONS:
' 3.1 Refer to Section 01025: MEASUREMENT AND PAYMENT, Paragraph 1.43 FURNISH AND
PLACE ASPHALT CONCRETE(ITEM#75,76) is hereby REVISED as follows:
"1.43 FURNISH AND PLACE ASPHALT CONCRETE (ITEM#75, 76, 76A.768)
A. Measurement for payment of asphalt concrete pavement and friction course(FC 9.5 far
Griffin Road) will be based upon the number of square yards of such asphalt concrete
' pavement actually constructed for streets with newly compacted subgrades and limerock bases,
as detailed in the drawings,all in accordance with the requirements of the Contract Documents.
' B. Payment for placement of asphalt concrete pavement at the thickness indicated will be made at
the unit price per square yard for such placement as named and at the thickness indicated in
the Bid Schedule which price will constitute full compensation for applying a tack coat,and
I furnishing, placing and compacting all asphalt surface,complete in place to the cross section
and thicknesses shown on the drawings;including replacing brass valve tabs,adjusting valve
box and MAS rim elevations, milling and saw cutting of all pavement,temporary striping and all
cleanup of the area disturbed by this construction.
C. Measurement for payment of SuperPave course(SP 12.5 for Griffin Road)will be based
upon the number of cubic yards of such asphalt concrete pavement actually constructed
for Griffin Road restoration, as detailed in the drawings, all in accordance with the
reauirements of the Contract Documents.
D. Payment for placement of SuperPave pavement at thickness re uired to match existing
thickness will be made at the unit price per cubic yard for such placement as named in
the Bid Schedule and at the thickness actually installed which Price will constitute full
compensation for applying a tack coat, and 1ga9is n-g. Placing and compacting al
asphalt surface, complete in place in accordance with FDOT standards: including
replacing brass valve tabs.adjusting valve box and M8 rim elevations. milling and saw
cutting of all Pavement, temporary striping and all cleanup of the area disturbed by this
construction.
Addendum Form 3(rev 0812012) Page 2 of 5
A Service of go 8fmord`County Eoerd of coWKy Commissioners
' Excellence!»•AOwrnmentlhdime-eanr—OW Best.Nothing Less.
Solicitation No. Y1200707C1
Addendum No, t
3.2 Refer to Section 01025: MEASUREMENT AND PAYMENT, Paragraph 1.43A MILL AND
' RESURFACE EXISTING ASPHALT PAVEMENT(ITEM 76C) is hereby ADDED as follows:
1.43A MILL AND RESURFACE EXISTING ASPHALT PAVEMENT(Item#76C)
A. Measurement and payment for Mill and Resurface asphalt Pavement will be based on
the number of sauare yards for such Pavement actually milled and resurfaced. all in
accordance with the requirements of the Contract Documents.
Payment for milling and resurfacing asphalt pavement will be made at the unit Price
Per square yard of such as named in the Bid Schedule which price shall constitute full
compensation for milling, removal and disposal of asphalt, removal of reflective
pavement markers.any temporary stripina necessary between milling and resurfacing,
and restoration. Any dam ae by the CONTRACTOR to existing curbs that are to
remain,are to be.repaired by the CONTRACTOR at no cost to the CLIENT."
' 5. The following is a response to a question received regarding this solicitation and is provided for
informational purposes only. Questions should be emailed to both the Purchasing Agent and the
Project Manager as indicated in the solicitation.
Question: What is the engineer's estimate for this project?
Response: The engineer's estimate for this project is $11,910,000.
All other terms, conditions and specifications remain unchanged for this bid.
NAME OF COMPANY: Ric-Man Construction Florida,Inc.
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Addendum Form 3(rev 0812012) Page 3 of 5 I
' A Service of the Browsrd County Board of County Commissioners
ExceNence in Governmen!Procurement—Our Beal.Nothing Less.
Solicitation No.Y1200707C1
Addendum No. 1
FORM 004546-9: SELF-CERTIFICATION:OWNER ETHNICITYIGENDER(OPTIONAL)
The information requested is voluntary and not a requirement to respond to a Broward County solicitation.
However, in the event that your company becomes the recommend vendor for award, this information will,be
' required prior to award. Recommended vendor for award must submit within three business days of County's
request.
In order for the County to ensure that all prospective vendors have an equal opportunity to participate in
County procurements, the following information is requested regarding each prospective vendor. Please read
the following and determine which is applicable.
1 The following gender applies to the primary owner of firm:
❑ Female ❑ Male Equally—Owned(Female and Male)
' The following ethnicity applies to the primary owner of firm:
❑African American/Black/Afro-Caribbean ❑ Native American
❑Asian Pacific ❑Subcontinent Asian
❑Caucasian/White ❑Other
❑Hispanic/Latino
Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated
In it are true.
' (Vendor signature) (Print Vendor Name)
' STATE OF
COUNTY OF
The foregoing Instrument was acknowledged before me this day of ,20 , by
as of
(Name of person who's signature is being notarized) (Title)
known to me to be the person described herein,or who produced
' (Name of Corporation/Company)
as identification,and who did/did not take an oath.
1 (Type of Identification)
NOTARY PUBLIC:
' My commission expires:
(Signature}
' (Print Name)
Addendum Form 3(rev 082012) Page 4 of 5
A service or Use Swwd Ofthly Board of Co"Commissioners
' Ezrcallencs is GovernmentPr*NNO~—Ow Most.Nothing Less.
Solicitation No.Y1200707C1
Addendum No. 1
FORM 004546-10: LOCAL BUSINESS OR LOCALLY-HEADQUARTERED BUSINESS CERTIFICATION
This form is used to determine applicability of Local Preference,in accordance with Section 1-74,et.seq.,Code of
Ordinances.A local business or locally-headquartered business in Broward County or Miami-Dade County,meeting the
below requirements is eligible for Local Preference,in accordance with the Broward County Local Preference Ordinance
and Broward County's Interlocal Reciprocity Agreement with Miami-Dade County.
This form and a copy of the business's local business tax receipt(or if exempt,documentation establishing physical
presence at location for one year prior to bid or proposal submission)should be submitted with bid in order to be
considered for the Local Preference. If not submitted with the bid,it must be submitted within three business days of
notification from the County.Failure to timely submit may be render the business ineligible for application of the Local
i Preference.The County may request verification of any information required to confirm certification.
A Local Business is a business which:
A. possesses a valid local business tax receipt(or if exempt documentation establishing physical presence
at location)issued at least one year prior to bid or proposal submission;
B. has a physical business address located within the limits of the County from which the business operates
or performs business;
C. is in an area zoned for the conduct of the business;and
' D. provides a substantial component of goods and/or services being offered from that location.
A Locally-Headquartered Business is a business which has its principal place of business within the County, A principle
place of business is defined as the nerve center of overall direction,control,and coordination of activities of the
business. If a business only has one location,the location shall be considered the principle place of business.
Vendor shall check all that apply. Vendor hereby certifies it is a:
❑ Local Business ❑ Locally-Headquartered Business
Local or Locally-Headquartered Business Address:
' 0 Vendor is not a Local Business or Locally-Headquartered Business in Broward County or Miami Dade County.
STATE OF
(Vendor Signature)
COUNTY OF
(Print Vendor Name/Tltle)
The foregoing instrument was acknowledged before me this day of ,20 by
as of
(Name of person who's signature is being notarized) (Title)
' known to me to be the person described herein,or who produced
(Name of Corporation/Company)
' as identification,and who did/did not take an oath.
(Type of Identification)
NOTARY PUBLIC: My commission expires:
(Signature)
Addendum Form 3(rev 08/2012) Page 5 of 5
A Service of the BrrJllvBfd Canty Bostd of County Commissioners
Eircefler►ca in Gownavent 11va"Vommn!-MW Bost Nothing Less.
Solicitation No.Y1200707C1
Addendum No. 2
BIK;crWAR
COUNTY
Finance and Administration Services Department
PURCHASING DIVISION
115 S.Andrews Avenue,Room 212.Fort Lauderdale,Florida 33301 1954-357-6066 i FAX 954-357-8535 i browerd.orc/Purchasing
Hours of Operation:Monday through Friday 8:30 a.m.to 5:00 p.m.
ADDENDUM N0. 2
Solicitation No.: Y1200707C1
Solicitation Title: UAZ 314, UAZ 316 and UAZ 318 Water and Sewer Improvements
Date Of Addendum:January 13, 2014
' Attention all potential bidders;
® Must Addendum: Read carefully and follow all instructions. Information included in this Addendum will
have a material impact on the submittal for this solicitation.All "MUST"addenda and revised Bid Sheets
are considered a matter of responsiveness. "MUST" addenda must be returned with your Bid submittal
or acknowledged on the Bid Tender Form. All revised Bid Sheets must be returned with your Bid,
submittal. Failure of a Submitterto or acknowledge the addenda and return the revised Bid Sheets shall
be cause for rejection of the bid.
®Return Addendum with Bid Submittal or Acknowledge on the Bid Sheet
®Return Completed Revised Price Sheet with Bid Submittal
To all prospective bidders,please note the following changes and clarifications:
Words in stFikethpaugh type are deletions from existing text. Words in bold underlined type are additions to
existing text.
1. The Bid Opening Date remains as January 22, 2014 at 2 p.m.
2. The Electronic Bid Pricing Sheets have been revised and must be completed and returned with your bid
submission_ Download the revised Electronic Bid Pricing Sheets(Revised E-bid sheet per Addendum
No. 2)from the Purchasing Division's website at:
http://www.braward.cm/PurchasioWPages/CufrentSolicitationList.asi2x.
The revised electronic bid pricing sheets per Addendum No. 2 "MUST" be completed and returned with
your Bid submittal.
2.1 The estimated quantity for Line Item(Item#72)for"Stabilization of Subgrade"
is revised from 71,526 square yards to 75,000 square yards.
2.2 The estimated quantity for Line Item(Item 073)for"Furnish and Compact Lime Rock Base
Material"is revised from OZ,58A square yards to 68,000 square yards.
2.3 The estimated quantity for Line Item(Item#75)for"Furnish and Place 1 114"Asphalt Concrete
Pavement—Type S-1 I`Lift is revised from J553,11 98 square yards to 54,350 square yards.
' Addendum Form 3(rev 0612012) Page 1 of 4
A Service of ff .9rovWd County Bcard cd County Commissioners
Excellence in Government went—Our Best.Nothing Less.
' Solicitation No. Y1200707C1
Addendum No. 2
2.4 The estimated quantity for Line Item(Item#76)for"Furnish and Place%"Asphalt Concrete
Pavement—Type S-I II 2nd Lift is revised from 53-190 square yards to 64,350 square yards.
2.5 A New Line Item(Item#76A)for"Furnish and Install Super Pave(SP 12.5y'with a quantity of
480 cubic yards(CY)is added to the contract schedule of prices bid.
2.6 A New Line Item (Item#76B)for"Furnish and Install 1" Friction Course(FC 9.5)"with a
quantity of 1,220 square yards(SY) is added to the contract schedule of prices bid.
1 2.7 A New Line Item (Item#76C)for"Mill and Resurface Asphalt Pavement(Griffin Road)"with a
quantity of 1,220 square yards(SY)is added to the contract schedule of prices bid.
Revised items 2.5 thru 2.7 are added to compensate for restoration of roadway on Griffin Road as
' shown in the plans on Sheet 39 of 205,Sheet 40 of 205 and Sheets 192-194 of 205. The drawings are
revised to show addendum revisions and additlons.
2.8 The estimated quantity for Line Item(Item#82)for"Miscellaneous Concrete Restoration'is
revised from 47-6 square yards to 575 square yards.
2.9 The estimated quantity for Line Item(Item#86)for"Furnish and Place 6"Thermoplastic(solid
line)is revised from 24,600 linear feet to 25,540 linear feet.
2.10 The estimated quantity for Line Item (Item#99)for"Furnish and Install Speed Humps"is
revised from 4 each to 5 each.
2.11 The estimated quantity for Line Item(Item#100)for"Furnish and Install Type F Curb" is
revised from NO linear feet to 600 linear feet.
2.12 A New Line Item(Item 106A)for"Performance and Maintenance Required Security(Work
within Broward County R.O.W.)"is added to the contract schedule of prices bid.
2.13 A formatting error is corrected and text that was cut off is now legible.
This affects line items#37, 38 and 70.
3_ Refer to CONSTRUCTION CONTRACT DOCUMENTS:
3.1 SECTION 010000: GENERAL REQUIREMENTSITECHNICAL SPECIFICATIONS is deleted in
1 its entirety and replaced with a revised Section 010000. GENERAL
REQUIREMENTS/TECHNICAL SPECIFICATIONS attached herewith.
Addendum Form 3(rev 0812012) Page 2 of 4
A Service Ot thb B1nMma 10otptty!&>prd Of County Commissioners
Excellence In ADrerrrmentftt=606nt—OW Best.Nothing Less.
' Solicitation No. Y1200707C1
Addendum No. 2
1 4. Refer to TECHNICAL SPECIFICATIONS:
4.1 Referto Section 01025: MEASUREMENT AND PAYMENT. Paragraph 1.64A PERFORMANCE
AND MAINTENANCE SECURITY(Item 106A)is hereby ADDED as follows:
1.64A PERFORMANCE AND MAINTENANCE SECURITY[Item 106A1
A. Measure for payment for performance and maintenance security may be posted in the
form of cash, certified checks. or letters of credit to provide 100% coverage for the
restoration costs of BrowardCountv's rights-of way for a period of one (1) year after
' the permitted work and all required documentation has been completed, approved
and accepted by the Hiahway Construction and Ennineerina Division.This shall be in
accordance with Section 4-3.5 of the "Minimum Standards ARplicable to Public
' Riahts-of-Way under Broward County Jurisdiction".The allowance amount shown on
the Bid Sheet is an estimate of the required performance and maintenance security
fcayved at 3% annually). not the amount of the required security for which the
CONTRACTOR will be responsible. This cost is a "Pass-Thru" item. The
CONTRACTOR shall produce documentation upon request verifying the actual cost
Only the security costs substantiated and approved by the COUNTY will be paid as
part of this bid item. No markup will be permitted for these pass-thru costs."
4.2 Section 02724"Pipe Bursting" is hereby added and attached herewith.
5. Refer to Volume 3-DRAWINGS
The drawings are DELETED in their entirety and REPLACED by REVISED DRAWINGS.The drawings
have been reformatted to allow for full sized printing and some sheets, as identified below,are revised.
Download the revised drawings labeled as"Revised Drawings per Addendum No.2"from the
Purchasing Division's website at:
1 htto:/twww.broward.oralPurchasing/Pages/CurrentSolicitationList.asex.
5.1 UAZ 314 RESTORATION KEY SHEET RES-1 Is revised.
5.2 UAZ 314 RESTORATION SHEET RES-1 is revised.
1 5.3 UAZ 314 RESTORATION SHEET RES-2 is revised.
5.4 UAZ 314 RESTORATION SHEET RES-3 is revised.
5.5 UAZ 314 RESTORATION SHEET RES-4 is revised.
' 5.6 UAZ 314 RESTORATION SHEET RES-5 is revised.
5.7 UAZ 316 RESTORATION KEY SHEET is revised.
5.8 UAZ 316 RESTORATION SHEET RES-1 is revised.
5.9 UAZ 316 RESTORATION SHEET RES-2 is revised.
5.10 UAZ 316 RESTORATION SHEET RES-3 is revised.
5.11 UAZ 316 RESTORATION SHEET RES-4 is revised.
5.12 UAZ 316 RESTORATION SHEET RES-5 is revised.
1 5.13 UAZ 316 RESTORATION SHEET RES-6 is revised.
5.14 UAZ 316 RESTORATION SHEET RES-7 Is revised.
5.15 UAZ 316 RESTORATION SHEET RES-8 is revised.
' 5.16 UAZ 316 RESTORATION SHEET RES-9 is revised.
i
Addendum Form 3(rev 0812012) Page 3 of 4
A Service of the&ovwd•Cotntty Board of County Commissioners
Eroeftanos M 6VFWw"9"1P @W0ffW*-OWDest.Nothing Less
Solicitation No. Y1200707C1
eAddendum No.2
5.17 UAZ 316 RESTORATION SHEET RES-10 is revised.
5.18 UAZ 316 RESTORATION SHEET RES-11 is revised.
5.19 UAZ 316 RESTORATION SHEET RES-12 is revised.
5.20 UAZ 316 RESTORATION SHEET RES-13 is revised.
5.21 UAZ 316 RESTORATION SHEET RES-14 is revised.
5.22 UAZ 318 RESTORATION KEY SHEET is revised.
5.23 UAZ 318 RESTORATION SHEET RES-1 is revised.
5.24 UAZ 318 RESTORATION SHEET RES-2 is revised.
' 5.25 UAZ 318 RESTORATION SHEET RES-3 is revised.
5.26 UAZ 318 RESTORATION SHEET RES-4 is revised.
5.27 UAZ 318 RESTORATION SHEET RES-5 is revised.
5.28 UAZ 318 RESTORATION SHEET RES-6 is revised.
5.29 UAZ 318 RESTORATION SHEET RES-7 is revised.
5.30 PROJECT DETAILS SHEET D-1 is revised.
5.31 PROJECT DETAILS SHEET D-2 is revised.
' 5.32 PROJECT DETAILS SHEET 0-3 is revised.
5.33 PROJECT DETAILS SHEET D-4 is revised.
5.34 PROJECT DETAILS SHEET D-5 is revised.
I 5.35 PROJECT DETAILS SHEET D-6 is revised.
5.36 PROJECT DETAILS SHEET D-7 is revised.
5.37 PROJECT DETAILS SHEET D-7A is revised.
5.38 PROJECT DETAILS SHEET 113-713 is added.
5.39 PROJECT DETAILS SHEET D-7C is added.
All other terms,conditions and specifications remain unchanged for this bid.
NAME OF COMPANY. Ric-Man Construction Florida.Inc.
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Addendum Form 3(rev 0812012) Page 4 of 4
A Service of the Broward County Board of County Commissioners
Excellent*in Government Procurement—Our Beat Nothing Less.
Addendum No.2
BID NO.Y1200707C1
' SECTION 02724
PIPE BURSTING
PART 1 —GENERAL
1.01 RELATED DOCUMENTS
' A. All applicable provisions of the Bidding and Contract Requirements,and Division 1 -General
Requirements shall govern the work under this Section.
1.02 RELATED WORK
A. Section 02610 Piping,General
B. Section 02722 Sanitary Sewer System
C. Section 2723 Sewer Line Cleaning and Internal Television Inspection
' 1.03 GENERAL
A. This specification shall cover the rehabilitation of existing sanitary sewers using the pipe
bursting method.Pipe bursting is a system by which the pneumatic bursting tool fractures the
existing pipe while simultaneously installing a new Polyethylene Pipe of the same size or
' larger size pipe where the old pipe existed, then reconnects existing sewer service house
connections, television inspection of the Polyethylene Pipe and completes the installation in
accordance with the contract documents. Only pneumatically operated equipment with either
' front or rear expanders for the proper connection to the Polyethylene Pipe will be allowed for
use. The pneumatic tool must be used in conjunction with a constant tension/variable speed
winch.The winch shall have twin cable pulling capstans with twin hydraulic drive motors and
' twin gear boxes for independent operation of 20, 10 or 5 tons. The size of the winch will
depend on the diameter of the pipe to be replaced.
1.04 QUALIFICATIONS
A_ The CONTRACTOR shall provide proof of training by the particular Pipe Bursting System
Manufacturer that such a company is fully trained in the use of the pipe bursting system.
iB. Polyethylene pipe joining shall be performed by personnel trained in the use of butt-fusion
equipment and recommended methods for new pipe connections. Personnel directly
involved with installing the new pipe shall receive training in the proper methods for handling
and installing the polyethylene pipe. Training shall be performed by a qualified
representative.
1.06 SUBMITTALS
A. CONTRACTOR shall submit the following drawings:
1. Shop drawings, catalog data, and manufacturer's technical data showing complete
information on material composition, physical properties, and dimensions of new pipe and
UAZ 314, UAZ 316&UAZ 318 Water and Sewer Improvements
W.W.E.D.Project No.9115/9068/9069
CMA Project No. 021.015
02724- 1
Addendum N0.2
BID NO.Y1200707CI
SECTION 02724
PIPE BURSTING
fittings. Include manufacturer's recommendations for handling, storage, and repair of pipe
and fittings damaged.
2. Method of construction and restoration of existing sewer service connections. This shall
' include: Detail drawings and written descriptions of the entire construction procedure to
install pipe, bypass sewage flow and reconnection of sewer service connections.
3.Proof of training for installing pipe.
4.Television inspection reports and videotapes shall be made prior to pipe bursting and after
new pipe installation.
PART 2 MATERIALS AND EQUIPMENT
2.01 DELIVERY, STORAGE,AND HANDLING
A. Transport, handle,and store pipe and fittings as recommended by manufacturer.
B. If new pipe and fittings become damaged before or during installation, it shall be replaced as
required by the ENGINEER at the CONTRACTOR's expense, before proceeding further.
C. Deliver,store and handle other materials as required to prevent damage.
2.02 MATERIALS
' A. Polyethylene Plastic Pipe shall be high density polyethylene pipe and meet the applicable
requirements of ASTM F714 Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside
Diameter,ASTM D1248,ASTM D3350.
1. Sizes of the insertions to be used shall be such to renew the sewer to its original or
greater than flow capacity.
2. All pipe shall be made of virgin material. No rework except that obtained from the
manufacturer's own production of the same formulation shall be used.
3. The pipe shall be homogenous throughout and shall be free of visible cracks, holes,
foreign material,blisters,or other deleterious faults.
4. High Density Polyethylene Pipe (HDPE) manufacturers recommend minimum wall
thickness of SDR 17 for pipe bursting installations.
5. Material color shall be white or black with a green stripe for sewer, or green pipe or as
specified by the ENGINEER.
2.03 TESTS
A. Tests for compliance with this specification shall be made as specific herein and in
accordance with the applicable ASTM Specification. A certificate with this specification shall
' be furnished, upon request, by the manufacturer for all material furnished under this
UAZ 314,UAZ 316&UAZ 318 Water and Sewer improvements
W.W.E.D.Project No.9115/9068/9069
' CMA Project No,021.015
02724-2
Addendum No.2
BID NO.V1200707CI
SECTION 02724
PIPE BURSTING
specification. Polyethylene plastic pipe and fittings must meet the requirements of this
specification.
2.04 EQUIPMENT
' A. The pipe bursting tool shall be designed and manufactured to force its way through existing
pipe materials by fragmenting the pipe and compressing the old pipe sections into the
surrounding soil as it progresses. The bursting unit shall be pneumatic and shall generate
sufficient force to burst and compact the existing pipe line.
B. See manufacturer's specifications for what size tool should be used in what diameter of pipe,
' as well as parameters of what size tool for percentage of upsize allowed.
C. The pipe bursting tool shall be pulled through the sewer by a winch located at the either
upstream or downstream maintenance access structure. The bursting unit shall pull the
polyethylene pipe with it as it moves forward. The bursting head shall incorporate a
shield/expander to prevent collapse of the hole ahead of the PE pipe insertion. The pipe
bursting unit shall be remotely controlled.
D. The pipe bursting tool shall be pneumatic. The bursting action of the tool shall increase the
external dimensions sufficiently, causing breakage of the pipe at the same time expanding
' the surrounding ground.This action shall not only break the pipe but also create a temporary
void into which the bursting tool can be winched and enables forward progress to be made.
At the same time the polyethylene pipe, directly attached to the sleeve on the rear of the
' bursting tool,shall also move forward.
E. The bursting tool shall have its own forward momentum while being assisted by winching. A
' hydraulic winch shall give the bursting tool a force of constant tension so that it can be
moved forward. To form a complete operating system, the bursting tool must be matched to
a constant tension hydraulic winching system.
' F. The winch, cable and cable drum must be provided with safety cage and supports so that it
may be operated safely without injury to persons or property.
G. The CONTRACTOR shall provide a system of guide pulleys and bracing at the exit pit to
minimize cable contact with the existing line between launch and exit pits.
' H. The supports to the trench shoring in the insertion pit shall remain completely separate from
the winch boom support system and shall be so designed that neither the pipe nor the winch
cable shall be in contact with them.
PART 3 EXECUTION
3.01 SEWER SERVICE CONNECTIONS
' A. All sewer service connections shall be identified and located prior to the pipe insertion to
expedite reconnection. Upon commencement, pipe insertion shall be continuous and without
UAZ 314,UAZ 316&UAZ 318 Water and Sewer Improvements
W.W.E•D.Project No.9115/9068/9069
CMA Project No.021.015
02724-3
Addendum No.2
' BID NO.V1200707C1
SECTION 02724
PIPE BURSTING
interruption from one maintenance access structure to another, except as approved by the
ENGINEER and/or the representative. Upon completion of insertion of the new pipe, the
CONTRACTOR shall expedite the reconnection of services so as to minimize any
inconvenience to the customers.
B. Sewer service connections shall be connected to the new pipe by various methods. The
saddles should be made of a material compatible with that of the pipe. Fusion of saddle
' connection to the main is the only means of assuring complete leak free joint is obtained.
C. Electrofusion saddles shall be installed in accordance with the manufactures recommended
procedures.
D. Conventional Fusion saddles shall be installed in accordance with the manufacturer's
recommended procedures.
E. Connection of the new service lateral*to the mainline shall be accomplished by means of a
compression fit service connection. The service connection shall be specifically designed for
' connection to the sewer main being installed. Install using procedures and equipment as
referenced in manufacturer's written installation instructions.
' "TYPES AVAILABLE FOR ALL MAINLINES:
GASKETTED BELL_ GASKETTED BELL
TYPES SDR 35 IPSJSCH 40
tPVC Hub ASTM D3034 SDR 35 ASTM D3034 SDR 26
Rubber Boot ASTM C443 ASTM C443
' Band 301 SS 301 SS
Screw 305 SS 305 SS
Housing 301 SS 301 SS
Gasket ASTM F477 ASTM F477
3,02 BYPASSING SEWAGE
A. By-Pass Pumping:The CONTRACTOR,when and where required, shall provide diversion or
bypassing for the pipe bursting/replacement process.The pumps and by-pass lines shall be
' of adequate capacity and size to handle all flows. All costs for by-pass pumping, required
during installation of the pipe shall be subsidiary to the pipe reconstruction item.
' B. The CONTRACTOR shall be responsible for continuity of sanitary sewer service to each
facility connected to the section of sewer during the execution of the work.
C. If sewage backup occurs and enters buildings, the CONTRACTOR shall be responsible for
clean-up, repair, property damage cost and claims.
3.03 TELEVISION INSPECTION I
UAZ 314,UAZ 316&UAZ 318 Water and Sewer Improvements
W.W.E.D. Project No.9115/9068/9069
CMA Project No.021.015
02724-4
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Addendum No.2
BID NO.Y1200707CI
SECTION 02724
PIPE BURSTING
A. Television inspection of pipelines shall be performed by experienced personnel trained in
' locating breaks, obstacles and service connections by dosed circuit color television.
Television inspection shall include the following:
B. Pre-pipe bursting videos by CONTRACTOR.
C. Post Videotapes to be submitted to the COUNTY before final invoice. Normal pipe bursting
' practice includes videotaping and evaluation of the existing pipe during the design phase of
the project or prior to commencement of pipe bursting operations.
D. Videotapes to remain property of the COUNTY.
E. All flows tributary to reach of sewer being inspected are to be completely by-passed around
the reach during inspection if necessary and required by the COUNTY.
F. Post construction videotape upon completion of reconstruction of each reach of sewer with
the voice description, as appropriate with coordinates of services indicated. Data and
coordinates to be on video.
G. Should any portion of the inspection tapes be of inadequate quality or coverage, as
determined by the COUNTY the CONTRACTOR will have the portion reinspected and video
' taped at no additional expense to the COUNTY.
3.04 INSTALLATION
' A. The CONTRACTOR shall install all pulleys, rollers, bumpers, alignment control devices and
other equipment required to protect existing maintenance access structures, and to protect
the pipe from damage during installation. Lubrication may be used as recommended by the
manufacturer. Under no circumstances will the pipe be stressed beyond its elastic limit.
Winch line is to be centered in pipe to be burst with adjustable boom.
1 B, The installed pipe shall be allowed the manufacturer's recommended amount of time, but not
less than four (4) hours, for cooling and relaxation due to tensile stressing prior to any
reconnection of service tines, sealing of the annulus or backfilling of the insertion pit.
Sufficient excess length of new pipe, but not less than four (4) inches, shall be allowed to
protrude into the maintenance access structure to provide for occurrence. Restraint of pipe
ends shall be achieved by means of electrofusion couplings. The electrofusion couplings
shall be slipped over pipe ends against maintenance access structure wall and fused in
place. Installation of electrofusion couplings shall be done In accordance with the
manufacturers recommended procedures.
' C. Launch pits need to be long enough to properly align the bursting tool with the existing pipe
and to allow the HDPE pipe enough space to begin a graceful "S " Bend out of the pit and
transition to a "tail ditch"at the street above.A good rule of thumb to use for the"tam ditch" is
' to multiply the depth of the existing pipe by a factor of 4. The product is an approximate
minimum launch pit length plus"tail ditch".
' UAZ 314,UAZ 316&UAZ 318 Water and Sewer Improvements
W.W.E.D.Project No.9115/9068/9069
CIv1A Project No.021.015
' 02724-5
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Addentlum No.2
BID NO.Y1200707CI
SECTION 02724
PIPE BURSTING
Tail Ditch Example: Existing pipe is 8'deep;8'depth x 4=32'graduating tail ditch.
Note:The tail ditch only needs to accommodate the outside diameter of new pipe.
' The receiving pits shall be long enough to easily remove the bursting tool/expander
combination leaving a couple of feet of the HDPE pipe to work with.
D. Service Connections: Excavations for laterals should be to depth of 1 foot below the lateral.
This will help to prevent uneven expansion of the soil by the bursting tool. This will minimize
the potential of creating a hump in the new pipe at lateral connections. In some soil
conditions, it will be important to only dig the lateral to the invert of the host pipe. This will
help minimize the potential of creating sags at lateral connections. These are usually lateral
connections where leakage has been occurring for some time causing the soil to be softer
' than the rest of the pipeline.
3.05 FIELD TESTING
' A. After the existing sewer is completely replaced, internally inspect with television camera and
videotape as required. The finished tape shall be continuous over the entire length of the
sewer between two maintenance access structures to be free from visual defects,
' B. Defects which may affect the integrity or strength of the pipe in the opinion of the ENGINEER
shall be repaired or the pipe replaced at the CONTRACTOR's expense.
3.06 PIPE JOINING
A. The polyethylene pipe shall be assembled and joined at the site using the butt-fusion method
to provide a leak proof joint. Threaded or solvent-cement joints and connections are not
permitted. All equipment and procedures used shall be used in strict compliance with the
manufacturer's recommendations. Fusing shall be accomplished by personnel certified as
' fusion technicians by a manufacturer of polyethylene pipe and/or fusing equipment.
B. The butt-fused joint shall be true alignment and shall have uniform roll-back beads resulting
from the use of proper temperature and pressure. The joint shall be allowed adequate
' cooling time before removal of pressure. The fused joint shall be watertight and shall have
tensile strength equal to that of the pipe. All joints shall be subject to acceptance by the
ENGINEER and/or the representative prior to insertion.
' C. Terminal sections of pipe that are joined within the insertion pit shall be connected with
electrofusion couplings or connectors with tensile strength equivalent to that of the pipe
' being joined.
3.07 MEASUREMENT AND PAYMENT
A. Measurement and payment will be based upon the actual quantities installed as more
specifically discussed in Section 01025 for measurement and payment. The work performed
as prescribed will be paid at the unit price per linear foot of sanitary sewer by pipe
' UAZ 314,UAZ 316&UAZ 318 Water and Sewer improvements
W.W.E.D.Project No. 9115/9068/9069
CMA Project No.021.015
02'724-6
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Addendum No.2
BID NO.Y1200707C1
SECTION 02724
PIPE BURSTING
bursting/replacement for the specified pipe, which price shall be full compensation for
bedding, backfill material,annulus sealing material, launching pits, the installation of the new
pipe, locating and reconstruction of services, furnishing and placing of all materials, labor,
tools, equipment, cleaning, and preparation of the existing pipe to receive the new finer,
' video inspection and any necessary by-pass pumping.
END OF SECTION 02724
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' UAZ 314,UAZ 316&UAZ 318 Water and Sewer Improvements
W.W.E.D.Project No.9115/9068/9069
CMA Project No.021.015
' 02724-7
1
' Bid No.Y1200707C1
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Name F4 ft*=&w r•M r=
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' Dear vendor_
Thwk you for your nferP s m doing busax-A rrrCr Broward County We look forward to
a Very SUCceAShtl procurement process
' Please take nobee of the response subrrvM requirements cubned in On salwAst n.
Read and foNow the rtaftebons very cwekdly. as aoy nusirderpreM n or falkre to
tangly wAh trs M'm r I I could lead to your subn 00 being reocled. Any clrarrge(s)to
1110 SONCdallon w!be aorweyed though the m Poe. addenda goose Nobpcabons of
addenda are sent ekcbanicary In vendors repsloW un0ee the appbcaM conwrioddy
codes at Elie tuft the oriplrtal soac+altlon was cmded. In addMon. aq addenda are
posted on the Purchas"Dwtston's , I srle. which can
be accessed by selecting Currant Solratabons. Please read ca+elutty and Mow ai
butructtons padded on tilt addendrm+, as wen as the inslruclons provided in the
OWN sokcitaaon. It is tM response"of an PoOMM venders to tnan"r tilt
rwebw rg Divist0011.webstn ftc any ct ngpno h porrrr-00 prior to subnowe
www lr".
n is the intent of the Peuetiaerng Divam to provide quabty services. 9 you have any
quesflons. please visit our websde w view the nlonruMon provided on 'How to Do
' Bu5mess WMh Broward Cotnty-A Vendors Cwft.-or feel bee to coniacl the agent of
concern. Agars, thank you for your corrtnrred mierest in domg Wi mess wibr Broward
County_
Slrrassy.
Brenda J Bdngsiey.Director
Broward CAiinty Purciw"Divaion
A swvw d rn.6�r<OId�Mrrlla�Gosh Conw�s
t„��w A�MNAwrww�wr�01r�A rw+lwy lam.
DIRECTOR OF PURCHASING LETTER
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IBid No.Y1200707C1
Table of Contents
' DIRECTOR OF PURCHASING LETTER .....................................................................................2
SECTION 001100-1: NOTICE OF INVITATION TO BID..............................................................5
' SECTION 001100-2:SCOPE OF WORK.....................................................................................6
SECTION 002000: DEFINITIONS................................................................................................7
SECTION 002100: INSTRUCTIONS TO BIDDERS...................................................................10
SECTION 002200: INSTRUCTIONS TO BIDDERS SUPPLEMENT..........................................20
SECTION 002201: OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT
REQUIREMENTS.......................................................................................................................21
SECTION 002202:CERTIFICATION, LICENSING AND REGISTRATION REQUIREMENTS..22
SECTION 002203-1:INSURANCE REQUIREMENTS (NON-OCIP).........................................23
SECTION 002203-2:INSURANCE REQUIREMENTS OCIP ..25
SECTION 002204:PUBLIC BID DISCLOSURE ACT................................................................26
SECTION 002205:WAGE REQUIREMENTS............................................................................26
SECTION 002205-1:WAGE RATE TABLES .............................................................................27
SECTION 003100:AVAILABLE PROJECT INFORMATION(if applicable)...............................36
FORM 004113-1: BID TENDER ................................................................................................37
' FORM 004113-2: SCHEDULE OF PRICES BID........................................................................40
FORM 004300: DOMESTIC PARTNERSHIP CERTIFICATION FORM.....................................41
FORM 004313:UNCONDITIONAL LETTER OF CREDIT..........................................................43
FORM 004339-1: LETTER OF INTENT............................ .......45
FORM 04339-2:APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT....................46
FORM 004513: BIDDER QUALIFICATIONS QUESTIONNAIRE...............................................47
' FORM 004513-1: LITIGATION HISTORY..................................................................................53
FORM 004520: INSURANCE REQUIREMENTS/SAMPLE CERTIFICATE..............................54
FORM 004546-1: DRUG FREE WORKPLACE CERTIFICATION..............................................55
FORM 004546-2: NON-COLLUSION CERTIFICATE.................................................................57
FORM 004546-3: VENDORS LIST(NON-CERTIFIED SUBCONTRACTORS AND SUPPLIERS)
I ...............................................................................................
..-.........
............
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FORM 004546-4: LOBBYIST REGISTRATION.........................................................................59
FORM 004546-5: SCRUTINIZED COMPANIES CERTIFICATION............................................60
FORM 004546-6:TRENCH SAFETY ACT CERTIFICATION (if applicable)..............................61
FORM 004546-7: OWNER CONTROLLED INSURANCE PROGRAM CERTIFICATION (not
applicabfe)...................................................................................................................................62
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FORM 004546-8: EMPLOYMENT ELIGIBILITY VERIFICATION PROGRAM CONTRACTOR
CERTIFICATION ........................................................................................................................62
FORM 004546-8: RECYCLED CONTENT INFORMATION......................................................63
' SECTIONS 005200 THROUGH 007300: CONTRACT SECTIONS OF CONSTRUCTION
CONTRACT DOCUMENTS........................................................................................................64
PROJECT FORM 007500-1: PERFORMANCE BOND..............................................................65
PROJECT FORM 007500-2: PAYMENT BOND.........................................................................68
PROJECT FORM 007500-3:CERTIFICATE AS TO CORPORATE PRINCIPAL......................71
PROJECT FORM 007500-4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS
$500,000,00 OR LESS........................................................................................ ................72
' PROJECT FORM 007500-5: UNCONDITIONAL LETTER OF CREDIT(PERFORMANCE AND
PAYMENT GUARANTY) FORM.................................................................................................74
' PROJECT FORM 007500-6: MONTHLY UTILIZATION REPORT.............................................76
PROJECT FORM 007500-7: FINAL UTILIZATION REPORT....................................................76
PROJECT FORM 007500-8:STATEMENT OF COMPLIANCE(PREVAILING WAGE RATE).77
PROJECT FORM 007500-9: CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS.._.78
CLOSEOUT FORM 007600-1: CERTIFICATE OF SUBSTANTIAL COMPLETION...................80
CLOSEOUT FORM 007600-2: FINAL CERTIFICATE OF PAYMENT.......................................82
CLOSEOUT FORM 007600-3: FORM OF FINAL RECEIPT......................................................83
CLOSEOUT FORM 007600-4: FINAL.LIST OF NON-CERTIFIED SUBCONTRACTORS AND
SUPPLIERS................................................................................................................................84
' SECTION 009500: DRAWINGS INDEX.....................................................................................85
SECTION 010000: GENERAL REQUIREMENTS/TECHNICAL SPECIFICATIONS..................86
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SECTION 001100-1: NOTICE OF INVITATION TO BID
Refer to website:www.broward.ora/purchasing
Sealed bids for selling and delivering all necessary labor, materials, equipment,and services for
the completion of the work, including installation of materials, supplies and equipment sold and
delivered to Broward County for the construction of UAZ 314, UAZ 316 and UAZ 318 Water
' and Sewer Improvements for the Broward County Water and Wastewater Services.
Bid No. Y1200707C1, will be received by the Board of County Commissioners, Purchasing
Division of Broward County, Governmental Center, Room 212, 115 South Andrews Avenue,
Fort Lauderdale, Florida 33301 until 2:00 p.m. on Wednesday, January 15, 2014, at which
time bids will be publicly opened and read thereafter.
Bid opening can be viewed through a live webcast; visit www.broward.ora and select Video
Central.
' There will be a Pre-bid Conference,on December 20,2013,at 2 p.m. at the following location:
Broward County Water and Wastewater Services—Training Room'
2555 W Copans Road
Pompano Beach, FI.33069
Attendance at the Pre-bid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
A Pre-bid job site visit will not be conducted. '
The Contract Documents are open to public inspection at the offices of the Purchasing Division
of Broward County, Government Center, Room 212, 115 South Andrews Avenue, Fort
Lauderdale, Florida 33301.
The Contract Documents may be downloaded from the Purchasing Division's website at
www.broward.om/purohasina.
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' SECTION 001100-2: SCOPE OF WORK
The Work set forth within these bid documents includes the furnishing of all labor, materials,
equipment, services and incidentals for the construction of:
The work of this Contract comprises the construction of the infrastructure site work. The work
will include but not be limited to site preparation, earthwork, roadway and walkway replacement
and construction, sanitary sewer system installation, water systems installation, landscape
1 restoration, restoring existing irrigation systems, pavement marking restoration and site
furnishings.
Location of Work:
UAZ 314 is bordered on the north by S.W. 45 Street, on the east by SW 29 Terrace, on the
south by Griffin Road and on the west by SW 31 Avenue.
UAZ 316 is bordered on the north S.W. 52 Street, on the east by Woodland Lane (S.W. 37
Terrace),on the south by Stirling Road and on the west by State Road 7,also it runs along S.W.
40 Avenue north to S.W.49 Court.
UAZ 318 is bordered on the north by Griffin Road,on the east by S.W.40 Avenue, on the south
by S.W. 50 Street and on the west by State Road T
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Bid No.Y1200707C1
SECTION 002000: DEFINITIONS
Definitions: Whenever the following terms or pronouns in place of them appear in the Contract
Documents,the intent and meaning shall be interpreted as follows:
1. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or
through a duly authorized representative.
2. Board: The Board of County Commissioners of Broward County, Florida, its successors and
assigns.
3. Change Order: A written document ordering a change in the Contract Price or Contract Time or
a material change in the Work.
4. CONSULTANT:Architect or Engineer who has contracted with COUNTY or who is an employee
of COUNTY,to provide professional services for this Project.
5. Contract: The part or section of the Contract Documents addressing some of the rights and
duties of the parties hereto, including but not limited to contract time and liquidated damages.
6. Contract Administrator: The ranking managerial employee of the agency of COUNTY
government which requested the Project, or some other employee expressly designated as
Contract Administrator in writing by said ranking managerial employee.
7. Contract Documents: The official documents setting forth bidding information, requirements and
contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of
Work, Instruction to Bidders, Supplements, Technical Specifications, Exhibits, Certificates,
Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda,
General Requirements, Project Forms, Certifications, Bid Forms, Bid Tender Form, Record of
Award by Board, Bonds, Notice of Award, Notices(s) to Proceed, Purchase Order(s), Change
Order(s), Field Order(s), Supplemental Instructions and any additional documents the
' submission of which is required by this Project.
8. Contract Price: The original amount established in the bid submittal and award by the Board,as
may be amended by Change Order.
' g. Contract Time: The original time between commencement and completion, including any
milestone dates thereof, established in Article 3 of the Contract, as may be amended as
Iprovided herein.
10.CONTRACTOR: The person, firm, or corporation with whom Broward County has contracted
and who is responsible for the acceptable performance of the Work and for the payment of all
legal debts pertaining to the Work. All references in the Contract Documents to third parties
under contract or control of CONTRACTOR shall be deemed to be a reference to
CONTRACTOR.
' 11.COUNTY or Owner: Broward County, Florida,the public body,agency or instrumentality which
is a party hereto and for which this Contract is to be performed. In all respects hereunder,
COUNTY's performance is pursuant to COUNTY's position as the owner of a construction
project. In the event COUNTY exercises its regulatory authority as a governmental body, the
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exercise of such regulatory authority and the enforcement of any rules, regulations, laws and
ordinances shall be deemed to have occurred pursuant to COUNTY's regulatory authority as a
governmental body and shall not be attributable in any manner to COUNTY as a party to this
Contract.
12.Field Order. A written order which orders minor changes in the Work but which does not involve
a change in the Contract Price or Contract Time.
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13. Final Completion: The date certified by the Consultant in the Final Certificate of Payment upon
which all conditions and requirements of any permits and regulatory agencies have been
satisfied; any documents required by the Contract Documents have been received by the
' Consultant; any other documents required to be provided by CONTRACTOR have been
received by the Consultant; and to the best of the Consultant's knowledge, information and
belief the Work defined herein has been fully completed in accordance with the terms and
' conditions of the Contract Documents.
14.Materials: Materials incorporated in this Project,or used or consumed in the performance of the
' Work.
15.Notice(s) to Proceed: Written notice to CONTRACTOR authorizing the commencement of the
activlties identified in the notice or as described in the Contract Documents.
i16. Plans and/or Drawings: The official graphic representations of this Project which are a part of
the Contract Documents.
17. Project: The construction project described in the Contract Documents, including the Work
described therein.
' 18.Project Initiation Date:The date upon which the Contract Time commences.
19.Responsive bidder means a person who has submitted a bid which conforms in all material
respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the
required forms, which contain all required information, signatures, notarizations, insurance,
bonding, security, or other mandated requirements required by the bid documents to be
submitted at the time of bid opening.
20. Responsible bidder: means an offeror who has the capability in all respects to perform fully the
contract requirements,and the integrity and reliability which will assure good faith performance.
t21.Subcontractor: A person, firm or corporation having a direct contract with CONTRACTOR
including one who furnishes material worked to a special design according to the Contract
Documents, but does not include one who merely furnishes Materials not so worked.
22.Substantial Completion: That date, as certified in writing by the Consultant and as finally
determined by CONTRACT ADMINISTRATOR in its sole discretion, the Work, or a portion
thereof, is at a level of completion in substantial compliance with the Contract Documents such
that all conditions of permits and regulatory agencies have been satisfied and the Owner or its
designee can enjoy use or occupancy and can use or operate it in all respects for its intended
purpose. A Certificate of Occupancy (or a Temporary Certificate of Occupancy(TCO) or other
alternate municipallcounty authorization for limited or conditional occupancy acceptable to the
Contract Administrator)must be issued for Substantial Completion to be achieved, however, the
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Bid No.Y1200707C1
issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the
' achievement or date of Substantial Completion.
23_Surety:The surety company or individual which is bound by the performance bond and payment
O bond with and for CONTRACTOR who is primarily liable, and which surety company or
individual is responsible for CONTRACTOR's satisfactory performance of the work under the
contract and for the payment of all debts pertaining thereto in accordance with Section 255.05,
Florida Statutes.
24.Work: The construction and services required by the Contract Documents, whether completed
or partially completed, and includes all other labor, materials, equipment and services provided
or to be provided by CONTRACTOR to fulfill CONTRACTOR's obligations. The Work may
constitute the whole or a part of the Project.
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SECTION 002100: INSTRUCTIONS TO BIDDERS
The following instructions are given for the purpose of guiding Bidders in properly preparing
their bids. Such instructions have equal force and weight with other portions of the Contract
Documents and strict compliance is required with all the provisions contained in the instructions.
1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before
submitting a Bid,to:
1.1. Examine the Contract Documents thoroughly;
1.2. Visit the site or structure to become familiar with conditions that may affect costs,
progress, performance or furnishing of the Work;
1.3. Take into account federal, state and local laws, regulations, ordinances, and the
Broward County Procurement Code that may affect costs, progress, performance,
furnishing of the Work, or award;
1.4. Study and carefully correlate Bidder's observations with the Contract Documents;and
1.5. Carefully review the Contract Documents and notify the COUNTY of all conflicts, errors
or discrepancies in the Contract Documents of which Bidder knows or reasonably should
have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder
has complied with the above requirements and that without exception, the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all terms
' and conditions for performance and furnishing of the Work.
2. Pre-Bid Interpretations: Only questions answered by written addenda will be binding. Oral
' and other Interpretations or clarifications will be without legal effect. All questions about the
meaning or intent of the Contract Documents are to be directed to COUNTY in writing. Bidder
shall submit all questions by e-mail to: -Najla Eishami-Zerroukl, P.E., Project Manager,Water
' and Wastewater Engineering at nelshami(dtbroward.ore and Ilyse S. Valdivia, Purchasing
Agent,Purchasing Division at Ivaldlvla®broward.org.
Interpretations or clarifications considered necessary by the COUNTY in response to such
questions will be issued by COUNTY by means of addenda. Written questions should be
received no less than fourteen (14) calendar days prior to the date of the bid opening. There
shall be no obligation on the part of COUNTY to respond to questions received less than
fourteen(14)calendar days prior to bid opening.
3. Submission of Sealed Bids: All bids must be received at the Purchasing Division of
Broward County, Governmental Center, Room 212, 115 South Andrews Avenue, Fort
' Lauderdale, Florida 33301, before the time and date specified for bid opening. The Bid Tender
Form must be executed and submitted with all bid sheets in a sealed envelope. It is the bidder's
sole and strict responsibility for obtaining and submitting a response on or before the due date
and time. Broward County is not responsible for bidder's delays and untimely submittal caused
by using the United States Postal Service or any other type of delivery method (i.e. courier,
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shipping, or transportation services). Submittals or responses delivered or received at any other
' location than the location specified herein and/or received late shall be deemed non-responsive.
The original Bid Tender Form must be signed, preferably in blue ink, and should include one
' photocopy and one compact disk(CD)of executed scanned bid document in one envelope.The
CD should contain a scanned portable document format (PDF) file of the submitted original
hardcopy. If there are any discrepancies, information contained in the original hard copy will
prevail. The face of the envelope should contain the address,the date and time of bid opening,
' and bid number. Bids not submitted on bid sheets may be rejected. All bids are subject to the
conditions specified herein. Those bids which do not comply with these conditions are subject
to rejection.
' 4. Printed Form of Bid: All bids must be made upon the blank Bid Tender Form included herein
and must give the price in strict accordance with the instructions thereon. The bid must be
signed and acknowledged by the Bidder in accordance with the directions on the bid form.
5. Acceptance or Rejection of Bids: COUNTY reserves the right to reject any or all bids prior to
award. Reasonable efforts will be made to either award the Contract or reject all bids within one
' hundred and twenty(120)calendar days after bid opening date. A Bidder may not withdraw its
bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty
(120) calendar days from the bid opening date. A Bidder may withdraw its bid after the
expiration of one hundred and twenty (120) calendar days from the bid opening date by
delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract
by the Board of County Commissioners or Director of Purchasing.
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' 6. Waiver of Technicalities or Irregularities. The Board of County Commissioners reserves the
right to waive technicalities or irregularities in bids at its discretion or to reject any or all bids.
7. Determination of Award: Except where COUNTY exercises the right reserved herein to reject
' any or all bids and subject to the restrictions stated hereinabove,the Contract shall be awarded
by COUNTY to the responsible Bidder who has submitted either the lowest responsive bid, or
the lowest responsive bid on the base bid including such alternates/optional items as COUNTY
determines to be in its own best interests. In the determination of the lowest bid, the COUNTY
reserves the right to provide for a local preference in accordance with Section 1-74, et. seq.,
Code of Ordinances, as applicable. These Contract Documents may include additional terms
' and conditions required by federal or state grantor agencies. In the event of any discrepancy
between the grantor agency's regulations and COUNTY's regulations, the more stringent
regulations concerning the determination for award shall apply.
' 8. Evaluation: An interim performance evaluation of the successful CONTRACTOR may be
submitted by the Contract Administrator during construction of the Project. A final performance
evaluation shall be submitted when the Request for Final Payment to the construction contractor
is forwarded for approval. In either situation,the completed evaluation(s) shall be forwarded to
' the COUNTY Director of Purchasing who shall provide a copy to the successful
j CONTRACTOR. Said evaluation(s)may be used by the COUNTY as a factor in considering the
responsibility of the successful CONTRACTOR for future bids with the COUNTY.
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9. Contract Price: The Contract Price is to include the furnishing of all labor, materials,
equipment including tools, services, permit fees, applicable taxes, overhead and profit for the
completion of the Work except as may be otherwise expressly provided in the Contract
Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or
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i lump sum price shall be included in the Contract unit price or lump sum price to which the
item(s)is most applicable.
10. Postponement of Date for Opening of Bids: COUNTY reserves the right to postpone the
' date for receipt and opening of bids and will make a reasonable effort to give at least seven (7)
calendar days written notice of any such postponement to each prospective Bidder.
11.Qualifications of Bidders: Bids shall be considered only from firms normally engaged in
performing the type of work specified within the Contract Documents. Bidder must have
adequate organization, facilities, equipment, and personnel to ensure prompt and efficient
service to COUNTY. Refer to Section 002200: Instructions to Bidders Supplement for additional
irequirements of Bidder's qualifications(if applicable).
In determining a Bidder's responsibility and ability to perform the Contract, COUNTY has the
' right to investigate and request information concerning the financial condition, experience
record, personnel, equipment, facilities, principal business location and organization of the
Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of
i the Bidder.
12.Addenda and Modifications: Bidders are responsible for checking the COUNTY's website
(www.broward.org/purchasing) for additional information and addenda. COUNTY shall make
i reasonable efforts to issue addenda within seven(7)calendar days prior to bid opening date,or
less as stated in addenda. All addenda and other modifications made prior to the time and date
of bid opening shall be issued as separate documents identified as changes to the Contract
i Documents. Bidders shall be responsible for obtaining, reviewing and executing each
addendum. Bidders shall be responsible for notifying COUNTY of any issues in each
addendum within seven(7)business days of issuance and prior to submittal of bid response.
13.Commonly Asked Questions (CAQs) — general questions submitted by bidders requesting
clarifications or non-material information may be answered by"Commonly Asked Questions." A
separate document link will be posted on the Purchasing Division's website in conjunction with
i the bid solicitation. A CAQ is for informational purposes only and does not have to be
acknowledged with the bid submittal. If CAQ is issued, Bidders should check Commonly Asked
Questions frequently for arty updates(document will be regularly updated as needed).
' 14. Prevailing Wage Rates:
Prevailing Wage Rates: On November 17, 1983, the Broward County Board of County
Commissioners enacted Ordinance No. 83-72 providing that, in all non-federally funded
construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00) or
more, the rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of work in
i like industries as determined by the Secretary of Labor and as published in the Federal Register
(refer to Instructions to Bidders Supplement, Section 002205-1).
15.Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of
this bid must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained
from the manufacturer. The MSDS must include the following information:
' 15.1. The chemical name and the common name of the toxic substance.
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15.2. The hazards or other risks in the use of the toxic substance, including:
' 15.2.1.The potential forfire, explosion, corrosion,and reaction;
' 15.2.2.The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by
exposure to the toxic substance; and
15.2.3.The primary routes of entry and symptoms of overexposure.
15.3. The proper precautions, handling practices, necessary personal protective equipment,
' and other safety precautions in the use of or exposure to the toxic substances,
including appropriate emergency treatment in case of overexposure.
' 15.4. The emergency rg cy procedure for spills,fire,disposal, and first aid.
15.5. A description in lay terms of the known specific potential health risks posed by the
toxic substance intended to alert any person reading this information.
15.6. The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
' preparing the information.
16.Asbestos Containing Material in County Buildings. In accordance with OSHA Regulation 29
CFR f 926.1101(k) (2), bidders are notified of the presence of asbestos containing material
and/or presumed asbestos containing material at some Broward County locations.
17.Environmental Regulations: Pursuant to the Broward County Procurement Code, COUNTY
' reserves the right to consider a Bidder's history of citations and violations of environmental
regulations in investigating a Bidder's responsibility, and further reserves the right to declare a
Bidder not responsible if the history of violations warrant such determination in the opinion of
1 COUNTY. Bidder shall submit with its Bid, a complete history of all citations and/or violations,
notices and dispositions thereof. The non-submission of any such documentation shall be
deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall
notify COUNTY immediately of notice of any citation or violation which Bidder may receive after
' the Bid opening date and during the time of performance of any contract awarded to it.
18."Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the
1 Contract Documents including plans and specifications by reference to manufacturers' or
vendors' names, trade names, catalog numbers, or otherwise, COUNTY, through Consultant(if
applicable),will have made its best efforts to name additional references. Any such reference is
intended merely to establish a standard; and, unless it is followed by the words"no substitution
is permitted" because of form, fit, function and quality, any material, article, or equipment of
other manufacturers and vendors which will perform or serve the requirements of the general
design will be considered equally acceptable provided the materials, article or equipment so
proposed is, in the sole opinion of the Consultant, equal in substance,quality,and function. The
decision of the equivalent shall be determined in a reasonable manner and at the sole discretion
of the Consultant.
19.Protested Solicitation and Award: Any protest over solicitation or award of this contract must
be in accordance with the Broward County Procurement Code provisions relating to Pre-
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Litigation Resolution of Controversies. In accordance with Sections 21.118 and 21.119 of the
Broward County Procurement Code, if a vendor intends to protest a solicitation or proposed
award of a contract the following apply:
19.1. Any protest concerning the bid or other solicitation specifications, or requirements
must be made and received by the COUNTY within seven (7) business days from the
posting of the solicitation or addendum on the Purchasing Division's website. Such
' protest must be made in writing to the Director of Purchasing. Failure to timely protest
bid specifications or requirements is a waiver of the ability to protest the specifications
or requirements.
19.2. Any protest concerning a solicitation or proposed award above the authority of the
Director of Purchasing, after the bid opening,shall be submitted in writing and received
by the COUNTY within five(5) business days from the posting of the recommendation
for award on the Purchasing Division's website.
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19.3. Any actual or prospective bidder or offeror who has a substantial interest in and is
aggrieved in connection with proposed award of a contract which does not exceed the
amount of the award authority of the Director of Purchasing, may protest to the
Director of Purchasing. The protest shall be submitted in writing and received within
three (3) business days from the posting of the recommendation of award on the
Purchasing Division's website.
19.4. For purposes of this section a business day is defined as Monday through Friday
between 8:30am and 5:00pm. Failure to timely file a protest within the time prescribed
for a solicitation or proposed contract award shall be a waiver of the vendor's right to
protest. (e) As a condition of initiating any bid protest, the protestor shall present the
Director of Purchasing a nonrefundable filing fee. The filing fee shall be based upon
' the estimated contract amount. For purposes of the protest, the estimated contract
amount shall be the contract bid amount submitted by the protestor. If no contract bid
amount was submitted, the estimated contract amount shall be the COUNTY's
' estimated contract price for the project. The COUNTY may accept cash, money order,
certified check, or cashier's check, payable to Broward County Board of
Commissioners.The filing fees are as follows:
' Estimated Contract Amount Filing Fee
$30,000-$250,000 $500
$250,001 -$500,000 $1,000
$600,001 -$5 million $3,000
Over$5 million $5,000
The estimated contract amount shall be based upon the contract bid amount submitted by the
' protestor. if no contract bid amount was submitted, the estimated contract amount shall be the
COUNTY's estimated contract price for the project. The COUNTY may accept cash, money
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order, certified check, or cashier's check, payable to Broward County Board of County
1 Commissioners.
20.False Claims: In accordance with the COUNTY's False Claims Ordinance, Sections 1-276—1-
2B7, Broward County Code of Ordinances, the successful bidder must maintain, as a condition
precedent to submitting a claim against the COUNTY, a final bid takeoff. The final bid takeoff
shall contain a line item for allocation of overhead costs and must be prepared
contemporaneously with the bid, in anticipation of the bid submitted for this project. "Claim"
means any invoice, statement, request, demand, lawsuit, or action under contract or otherwise,
for money, property, or services made to any employee,officer,or agent of the county,or to any
contractor, grantee, or other recipient if any portion of the money, property, or services
requested or demanded was issued from, or was provided by, the COUNTY. "Bid Takeoff'
means the final estimate, tabulation, or worksheet prepared by the contractor in anticipation of
the bid submitted, and which shall reflect the final bid price. IT IS EXPRESSLY AND
SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS SHALL BE WAIVED IF NOT
SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION
AND THE BROWARD COUNTY FALSE CLAIMS ORDINANCE.
' 21. Local Preference: In accordance with Section 1-74, et. seq., Code of Ordinances, Broward
County provides a Local Preference to local and locally headquartered businesses in the
County. The Local Preference is extended to Miami-Dade County local and locally
headquartered businesses, based upon an Interlocal Agreement of Reciprocity between the
counties. This preference does not apply for any solicitation with funding source restrictions,
included federal, state,or other grant funding.The Ordinance provides the following:
21.1. If the low responsive and responsible bidder is not a local business or a locally-
headquartered business, any and all qualifying local businesses submitting a
price within ten percent (10%) of the non-local low responsive and responsible
bidder, and any and all qualifying locally-headquartered businesses submitting a
price within fifteen percent(15%)of the non-local low responsive and responsible
bidder,then all qualifying bidders shall have an opportunity to submit a best and
final bid,equal to or lower than the low bid.
' 21.2. If the low responsive and responsible bidder is a local business, but not a
locally-headquartered business, then any and all locally-headquartered
businesses submitting a bid price within five percent(5%)of the local low bidder
shall have an opportunity to submit a best and final bid equal to or lower than the
low bid.
21.3. All qualifying bidders must be determined responsive and responsible prior to
submitting a best and final bid. Award, if any, shall be made to the responsive
and responsible bidder offering the lowest best and final bid regardless of
location,
21.4. Form 16 and a copy a business's local business tax receipt (or if exempt,
documentation establishing physical presence at location for one year prior to bid
' submission) should be submitted in order to be considered for Local Preference.
If not submitted with the bid, it must be submitted within three business days of
notification from the County. Failure to timely submit may render the business
' ineligible for application of the Local Preference. The County may request
verification of any information required to confirm certification.
1 22.Battery Disposal: In accordance with Florida 1993 Solid Waste Act, the manufacturer of heavy
metal batteries or the manufacturers of products powered by such batteries are solely
responsible for the reclamation and disposal of such used batteries purchased by the COUNTY.
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The COUNTY shall not be liable for any cost associated with the reclamation and disposal of
such batteries.
23.Dun & Bradstreet Report Requirement: The COUNTY may review the bidder's rating and
e payment performance to assist in determining a bidder's responsibility when being evaluated for
a contract award.
24.Cone of Silence Ordinance: In accordance with Section 1-266, of the Broward County Code
of Ordinance, as amended, provides that after the advertisement of the bid solicitation, potential
vendors and their representatives are substantially restricted from communicating regarding the
Bid with the County Administrator, Deputy County Administrator, Assistant County
Administrator, Assistants to the County Administrator, their respective support staff, or any or
any staff person that is to evaluate or recommend selection in this bid process. The Cone of
Silence Ordinance further provides that after the bid opening for this solicitation, potential
' vendors and their representatives are substantially restricted from communicating regarding this
Bid with the County Commissioners and their staff.
24.1. For Invitations for Bids the Cone of Silence shall be in effect for staff involved in
the award decision process at the time of the solicitation advertisement. The
Cone of Silence shall be in effect for the Board of County Commissioners upon
bid opening for the solicitation.
' 24.2. The Cone of Silence terminates when the County Commission or other awarding
authority takes action which ends the solicitation.
' 24.3. Any violations of this ordinance by any members) of the responding firm or joint
venture may be reported to the COUNTY's Office of Professional Standards. If
there is a determination of violation, a fine shall be imposed against the vendor
as provided in the County Code of Ordinances. Additionally, a determination of
violation shall render any award to a vendor who is found to have violated the
Ordinance voidable, at the sole discretion of the Board of County
Commissioners.
25.Tie Bids: If two or more bidders are tied, the tie will be broken and the successful vendor
selected by criteria in accordance with the Broward County Procurement Code, Section 21.31.c.
26.Public Bid Disclosure Act:Pursuant to the Public Bid Disclosure Act,the COUNTY is required
to provide notice of each license, permit and fee a Contractor will have to pay the COUNTY
1 before or during construction or the percentage method or unit method of all licenses, permits
and fees required by the COUNTY and payable to the COUNTY by virtue of this construction
are identified in Section 2204: Public Bid Disclosure Act. Licenses, permits and fees which may
be required by the State of Florida, state agencies or other local government entities are not
' included.
27.Certification, License and Registration Requirements: The certification, license and
registration requirements for this project are identified in Section 002202.
28.Office of Economic and Small Business Development (OESBD) Requirements: as
provided for in Section 002201, OESBD will review bidder's submission for compliance to the
participation goal established for this Contract or demonstrates that the bidder made a good
faith effort to meet the participation goal and submit the required information with its bid. Where
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the determination the bidders is non-compliance to participation goals, the Director of
1 Purchasing will determine responsiveness.
29. Bid Guaranty Requirement: All bids shall be accompanied by either an original bid bond
executed by a surety company meeting the qualifications for surety companies as specified in
Section 7200, General Conditions,Section 5, or by cash, money order,certified check,cashier's
check, Bid Guaranty Form, Unconditional Letter of Credit (Form 004313), treasurer's check or
bank draft of any national or state bank(United States), in an amount equal to five percent(5%)
' of the total base bid amount, payable to the Broward County Board of County Commissioners
and conditioned upon the successful Bidder executing the Contract and providing the required
Performance Bond/Guaranty and Payment BondlGuaranty and evidence of required insurance
(or enrollment into OCIP) within fifteen (15) calendar days after notification of award of the
Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE
DEEMED A VALID BID GUARANTY. The guaranty of the successful Bidder shall be forfeited to
the Board of County Commissioners as liquidated damages, not as a penalty, for the cost and
expense incurred should said Bidder fail to execute the Contract, provide the required
Performance Bond/Guaranty. Payment Bond/Guaranty and Certificate(s) of Insurance (or
enrollment into OCIP), within fifteen (15) calendar days after notification of the award of the
Contract, or failure to comply with any other requirements set forth herein. The time for
execution of the Contract and provision of the Performance Bond, Payment Bond and
Certificate(s) of Insurance may be extended by COUNTY's Director of Purchasing for good
cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of
Contract.
30.Domestic Partnership Act Requirements: Effective November 15, 2011, the Domestic
' Partnership Act — Ordinance No. 2011-26 has been amended to require all Contractors
contracting with Broward County in an amount over $100,000 provide benefits to Domestic
Partners of its employees on the same basis as it provides benefits to employees spouses,with
' certain exceptions as provided by the Ordinance. The Domestic Partnership Certification (Form
004300) should be completed and submitted at the time of bid submittal, but must be provided
within five(5)business days after County's request.
31.State of Florida Division of Corporations Requirements: It is the vendor's responsibility to
comply with all state and local business requirements. Ali vendors located within Broward
County and/or providing a service within the County must have a current Broward County Local
' Business Tax Receipt. All corporations and partnerships must have the authority to transact
business in the State of Florida and be in good standing with the Florida Secretary of State. For
further information, contact Broward County Records, Taxes and Treasury Division and the
' Florida Department of State, Division of Corporations. The COUNTY will review the vendor's
business status based on the information provided in response to this solicitation. If the vendor
is an out-of-state or foreign corporation or partnership, the vendor must obtain the authority to
conduct business in the State of Florida. Corporations or partnerships that are not in good
standing with the Florida Secretary of State at the time of a submission to this solicitation may
be deemed non-responsible. If successful in obtaining a contract award under this solicitation,
the vendor must remain in good standing throughout the contractual period of performance.
32.Local Business Tax Receipt Requirements: All vendors maintaining a business address
within Broward County must have and provide a copy of a current Broward County Local
Business Tax Receipt prior to contract award. The Contractor should provide a copy of its Local
Business Tax Receipt within five (5) business days after request by the Purchasing Agent but
prior to award by the Director of Purchasing or recommendation of award to the Board of
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County Commissioners, whichever is applicable. Failure to do so may result in your bid being
deemed non-responsive. Local Business Tax Receipts will be required pursuant to Chapter
205,005, Florida Statutes. For further information on obtaining or renewing your firm's Local
Business Tax Receipt, contact the Records, Taxes and Treasury Division at(954)357-6200.
' 33,Security Requirements: Not applicable to this solicitation. '
' 34. Drug-Free Workplace Certification: Broward County Procurement Code Chapter 21.31.a.
requires awards of competitive sealed bids and sealed proposals requiring Board Award be
made only to firms certifying the establishment of a drug free workplace. The Drug Free
Workplace Certification(Form 004546-1)should be furnished within five(5) business days after
request by the Purchasing Agent but prior to recommendation of award to the Board of County
Commissioners. Failure to provide this certification will render your firm unqualified and
ineligible for award.
35. Non-Collusion: By submission of this bid, Bidder certifies that this bid is made independently
and free from collusion. Bidder shall disclose,to the best of its knowledge, any Broward County
' officer or employee,or any spouse, son,daughter, stepson, stepdaughter, or parent of any such
officer or employee, who is an officer or director of. or has a material interest in, the Bidder's
business who is in a position to influence this procurement. Failure of a vendor to disclose any
relationship described herein shall be reason for debarment in accordance with the provisions of
the Broward County Procurement Code. The Bidder should complete and submit the Non-
Collusion Certification Form (004546-2) with the bid submittal, but must submit within five (5)
business days of COUNTY's request.
' 36. Non-Certified Subcontractors and Suppliers: CONTRACTOR shall within five (5) calendar
days of the COUNTY's request, or prior to award of the Contract, whichever occurs first, notify
' COUNTY and CONSULTANT in writing of the non-certified subcontractors proposed for the
Work by submitting the"Vendors List(Non-Certified Subcontractors and Suppliers Information)"
(Form 004546-3) properly filled Gut with each subcontractor's information. Each subcontractor
must possess certificates of competency and licenses required by law and as set forth in the
' Contract. CONTRACTOR shall have a continuing obligation to notify COUNTY and
CONSULTANT of any change in subcontractors. This includes all major material suppliers that
provide materials in the amount of$50,000 or more. CONTRACTOR shall provide the COUNTY
with the Final List of Non-Certified Subcontractors and Suppliers Form (Closeout Form 007600-
4)as part of CONTRACTOR's Final Payment package.
37.Lobbyist Registration Certification: A vendor who has retained a lobbyist(s) to lobby in
' connection with a competitive solicitation shall certify that each lobbyist retained has timely filed
the registration or amended registration required under Section 1-262, Broward County Code of
Ordinances. If, after awarding a contract in connection with the solicitation, the County learns
' that the certification was erroneous, and upon investigation determines that the error was willful
or intentional on the part of the vendor, the County may, on the basis, exercise any contractual
right to terminate the contract for convenience. The Bidder should complete and submit the
Lobbyist Registration Certification Form (004546-4) with the bid submittal, but must submit
within five(5)business days of COUNTY's request.
38.Scrutinized Companies List: (if applicable) Any company, principals, or owners on the
Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal
or response to a Broward County solicitation for goods or services in an amount equal to or
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Bid No.Y1200707C1
greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal or
response to a solicitation must certify to the COUNTY that it is not on either list at the time of
submitting a bid, proposal or response. The Bidder should complete and submit the Scrutinized
Companies Certification Form (004546-5) with the bid submittal, but must submit within five (5)
business days of COUNTY's request.
39.Trench Safety Act: If the Bid Tender Form is marked, the Bidder should complete and submit
the Trench Safety Act(Form 004546.6), with the bid submittal, but must submit within five (5)
business days of COUNTY's request.
40.Irmurance Requirements: The insurance requirements for this project are identified in the
Instructions to Bidders Supplement,Section 002203-1 or 002203-2.
40.1. OCIP Certification: Not applicable for this solicitation.
40.2. OCIP Enrollment: Not applicable for this solicitation.,
41.E-Verify Program Certification: Not applicable for this solicitation.,'
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SECTION 002200: INSTRUCTIONS TO BIDDERS SUPPLEMENT
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SECTION 002201: OFFICE OF ECONOMIC AND SMALL BUSINESS
' DEVELOPMENT REQUIREMENTS
1. In accordance with Ordinance No. 2012-33, Broward County Business Opportunity Act of 2012,
' the County Business Enterprise (CBE) Program is applicable to this contract. All bidders
responding to this solicitation should utilize, or attempt to utilize, CBE firms to perform at least
the assigned participation goal for this contract. The assigned CBE participation goal for this
contract is 20%.
1.1.Compliance with CBE p participation goal requirements is a matter of responsibility;
required information should be submitted with bid submittal. If not provided with bid
submittal,the bidder must supply information within three business days of the Office of
Economic and Small Business Development's (OESBD) request. Bidder may be
deemed non-responsible for failure to fully comply within stated timeframes.
1.2. CBE Program Requirements for Submitting Bids: a bidder should include in its bid a
Letter of Intent(Form 004339-1)for each certified CBE firm the bidder intends to use to
achieve the assigned CBE participation goal.
1.3.CBE Program Requirements for Submitting Good Faith Effort: If a bidder is unable
to attain the CBE participation goal, the bidder should include in its bid submittal,
Application for Evaluation of Good Faith Effort(Form 004339-2) and all of the required
supporting information.
1.4. The bidder shall only address the base bid for CBE goal participation. No
altemate/optional bid item(s) shall be addressed. If the County chooses to exercise the
' right to award alternate/optional bid item(s), the CBE participation goal for this bid shall
apply to the alternate/optional bid item(s) recommended to be awarded. The County
shall issue a notice to the apparent successful bidder requiring the bidder to comply
with the CBE participation goal for the alternate/optional bid item(s); bidder shall submit
all required forms prior to award. Failure to submit the required forms may result in
rejection of the bid.
1.5. The Office of Economic and Small Business Development maintains an on-line
' directory of CBE firms. The on-line directory is available for use by bidders at
https:Uhcegov3.broward.2r_g/S ma liBusiness/SBDirectorv.asox
' 1.6. For detailed information regarding the County Business Enterprise Program contact the
Office of Economic and Small Business Development at (954) 357-6400 or visit the
website at: http://www.broward.oro/EconDev/Smalfl3usiness/Panes/Default.aspx
1
' 5-1-2013 Page 21 of 87
Bid No. Y1200707C1
SECTION 002202: CERTIFICATION, LICENSING AND REGISTRATION
REQUIREMENTS
' In order to be considered a responsible and responsive bidder for the scope of work set forth in
these bid documents, the bidder shall possess one of the following licenses (including any
specified State registration, if applicable) at the time of bid submittal. Proof of licensing should
' be furnished within five (5) business days after request by the Purchasing Agent but prior to
award by the Director of Purchasing or recommendation cf award to the Board of County
Commissioners, whichever is applicable. Any certificate of competency that meets or exceeds
' those specified or can legally perform the scope of work specified will be considered responsible
and responsive to the bid.
STATE: CERTIFIED GENERAL CONTRACTOR; OR
' CERTIFIED UNDERGROUND CONTRACTOR;OR
' CERTIFIED PLUMBING CONTRACTOR; OR
BROWARD
COUNTY: GENERAL BUILDING CONTRACTOR—CLASS "A";OR
' (Must be registered with the State)
MASTER PLUMBER; OR
(Must be registered with the State)
GENERAL ENGINEERED CONSTRUCTION BUILDER; OR
PRIMARY PIPELINES (WATER,SEWER, DRAINAGE)—CLASS"A"
Any work performed not within the scope of the above contract must be performed by a licensed
contractor.
Special Exception From the Above Requirements For a Non-Florida Domiciled Contractor
Bids for construction, improvement, remodeling, or repair of COUNTY buildings only (if
' applicable): ff Bidder is a Non-Florida Domiciled Contractor, Bidder may, in lieu of complying
with requirements set forth above, submit evidence to COUNTY of having applied for a limited
Non-Renewable Registration from the Department of Professional Regulation as provided for in
' Section 489.117(3) F.S. A copy of the application form stamped date received by the
Construction Industry Licensing Board will constitute sufficient evidence under this paragraph.
BIDDER must provide COUNTY with proof of having obtained the Non-Renewable Registration
prior to award of the Project.
5-1-2013 Page 22 of 87
' Bid No.Y12007D7C1
SECTION 002203-1: INSURANCE REQUIREMENTS (NON-OCIP)
Without limiting any of the other obligations or liabilities of Vendor, Vendor shall provide, pay for,
and maintain in force until all of its work to be performed under this Contract has been
completed and accepted by County (or for such duration specified), at least the minimum
insurance coverage and limits set forth in the Form 004520: Insurance Requirements/Sample
Certificate, under the following conditions listed below. If a limit or policy is not indicated on
Insurance Requirements/Sample Certificate by a checkbox, it is not required as a
condition of this contract.
1. Comprehensive Liability with minimum Limits per occurrence, combined single limit for bodily
injury and property damage, and when indicated a minimum limit per aggregate. County is
to be expressly included as an Additional Insured in the name of Broward County arising out
of operations performed for the County, by or on behalf of Vendor, or acts or omissions of
Vendor in connection with general supervision of such operation. If Vendor uses a
subcontractor, then Vendor shall ensure that subcontractor names County as an Additional
Insured.
' 2. Business Automobile Liability with minimum limits per occurrence, combined single limit for
bodily injury and property damage. Scheduled autos shall be listed on Vendor's certificate of
insurance.
' 3. Workers' Compensation insurance to apply for all employees in compliance with Chapter
440, the "Workers' Compensation Law" of the State of Florida and all applicable federal
laws. The policy must include Employers' Liability with minimum limits each accident. If any
operations are to be undertaken on or about navigable waters, coverage must be included
for the U.S. Longshoremen & Harbor Workers Act and Jones Act.
4. Excess Liability/Umbrella Insurance may be used to satisfy the minimum liability limits
required; however, the annual aggregate limit shall not be less than the highest "each
occurrence" limit for the underlying liability policy. Vendor shall endorse County as an
Additional Insured unless the policy provides coverage on a pure/true"Follow-form"basis.
5. Builder's Risk or Equivalent Coverage(such as Property Insurance or Installation Floater)as
applicable to the scope of work, is required as a condition precedent to the issuance of the
Second Notice to Proceed. Vendor shall provide "All Risk" Completed Value form coverage
with a deductible not to exceed Ten Thousand Dollars($10,000.00)each claim for all perils,
except wind and flood.
6. For the peril of wind, the Vendor shall maintain a deductible that is commercially feasible
which does not exceed five percent (5%) of the value of the Contract Price, Such Policy
shall reflect Broward County as an additional loss payee.
7. For the peril of flood, coverage must be afforded for the lesser of the total insurable value of
such buildings or structures, and the maximum amount of flood insurance coverage
available under the National Flood Program. Vendor shall maintain a deductible that is
commercially feasible and does not exceed five percent (5%) of the value of the Contract
Price. Such Policy shall reflect Broward County as an additional loss payee.
54-2013 Page 23 of 87
Bid No. Y1200707C1
8. The County reserves the right to provide Property Insurance covering the Project, materials,
equipment and supplies intended for specific installation in the Project while such materials,
equipment and supplies are located at the Project site, in transit,or while temporarily located
away from the Project site. This coverage will not cover any of the Vendor's or
subcontractor' tools, equipment, machinery or provide any business interruption or time
element coverage to the contractor(s).
' S. If the County decides to purchase Property Insurance or provide for coverage under its
existing insurance policy for this Project, then the insurance required to be carried by the
Vendor may be modified to account for the insurance being provided by the County. Such
modification may also include execution of Waiver of Subrogation documentation.
i0.In the event that a claim occurs for this Project and is made upon the County's insurance
policy, for other than a windstorm, Vendor will pay at least Ten Thousand Dollars
($10,000.00) of the deductible amount for such claim.
' 11.Waiver of Occupancy Clause or Warranty-Policy must be specifically endorsed to eliminate
any "Occupancy Clause" or similar warranty or representation that the building(s),
' addition(s)or structure(s)in the course of construction shall not be occupied without specific
endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk
coverage will continue to apply until final acceptance by County.
12.Pollution Liability or Environmental Impairment Liability: including clean-up costs, with
minimum limits per claim, subject to a maximum deductible per claim. Such policy shall
' remain in force for the minimum length of time indicated, include an annual policy aggregate
and name Broward County as an Additional Insured. Vendor shall be responsible for all
deductibles in the event of a claim.
' 13.Professional Liability Insurance with minimum limits for each claim, subject to a maximum
deductible per claim. Such policy shall remain in force for the minimum length of time
indicated. Vendor shall notify County in writing within thirty (30) days of any claim filed or
' made against its Professional Liability Insurance policy. Vendor shall be responsible for all
deductibles in the event of a claim. The deductible shall be indicated on the Vendor's
Certificate of Insurance.
14.Coverage must be afforded on a form no more restrictive than the latest edition of the
respective policy form as filed by the Insurance Services Office. If the initial insurance
expires prior to the completion and acceptance of the Work, renewal certificates shall be
' furnished upon expiration, County reserves the right to obtain a certified copy of any
insurance policy required by this Section within fifteen (15) calendar days of a written
request by County.
15.Notice of Cancellation and/or Restriction -The policy(ies) must be endorsed to provide
Broward County with at least thirty(30)days' notice of cancellation and/or restriction.
16.The official title of the Certificate Holder is Broward County. This official title shall be used in
' all insurance documentation.
' 17.Right to revise or reject. The County reserves the right, but not the obligation, to review and
revise the insurance requirements at any time, not limited to deductibles, limits, coverage
and endorsements.
6-1-2013 Page 24 of 87
i
Bid No.Y1200707C1
SECTION 002203-2: INSURANCE REQUIREMENTS (OCIP)
' Not applicable to this solicitation.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
1
5-1-2013 Page 25 of 87
' Bid No. Y1200707C1
' SECTION 002204: PUBLIC BID DISCLOSURE ACT
Pursuant to the Public Bid Disclosure Act, the COUNTY is required to provide notice of each
license, permit and fees a Contractor will have to pay the COUNTY before or during
construction or the percentage method or unit method of all licenses, permits and fees required
by the COUNTY and payable to the COUNTY by virtue of this construction. The COUNTY
identifies the following as applicable:
tBroward County Water and Wastewater Services will pay for all permits and fees
required by Broward County.
Licenses, permits and fees which may be required by the State of Florida, state agencies or
other local government entities are not included.
' SECTION 002205. WAGE REQUIREMENTS
' Broward County Ordinance No. 83-72 providing for payment of prevailing wage rates and fringe
benefits is applicable to this Project and must be complied with if this bid is Two Hundred Fifty
Thousand Dollars($250,000.00)or more. Refer to Section 002205-1 for wage rate tables.
I 1
I
1
' 5-1-2013 Page 26 of 87
1
Bid No, Y1200707G1
SECTION 002205-1: WAGE RATE TABLES
General Decision Number: FL130150 09/27/2013 FL150
' Superseded General Decision Number: FL•20120150
State: Flcrida
' Construction Type: Heavy
County: Brcward County in Florida.
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)
Modification Numher Publication Date
0 01/04/2013
1 04/05/2013
2 08/3C/2013
3 09/06/2313
4 09/27!2313
ELEC0728-006 09/01/2013
' Rates Fringes
ELECTRICIAN. .. . . . . . . . ... . . . . .. ...$ 27.96 10.56
ENG10487-014 07/01/2013
Rates Fringes
' OPERATOR: Crane
All Tower Cranes Mobile,
Rail, Climbers, Static-
Mount; All Cranes with
Boom Length 150 Feet &
Over (N.ith or without jia)
Friction, Hydraulic,
Electric or Otherwise;
Cranes 150 Tons & Over;
Cranes with 3 Drums (When
3rd drum is rigged for
work) ; Gantry & Overhead
Cranes; Hydraulic Cranes
Over 25 Tons but not more
`han 50 Tons;
Hydraulic/Fz1ction Cranes;
& All types of Flying
Canes; 3oom Truck. . . . . . . . . .$ 29.05 8.80
' Cranes w:th Boom Length
I:ess -char 150 7eet (With
or without jib); Hydraulic
Cranes 25 'tons & Under, &
Cver 50 Tons (With oiler);
Boom Truck. . . .$ 28.32 8.80
' 5-1-2013 Page 27 of 87
Bid No.Y1200707C1
OPERATOR: Drill.... .. .... . . ... . .$ 25.80 9.80
OPERATOR: Oiler. .. . . . .... .------ 80
$ 22.99 ------------8_
* IRON0272-005 04/01/2013
' Rates Fringes
IRONWORKER, STRUCTURAL. . .. . . ... . .$ 23.59 5.93
----------------------------------------------------------------
LAAO,652-004 05/01/2011
Rates Fringes
' LABORER: Grade Checker.... . .....$ 14.50 4.67
----------------------------------------------------------------
PAN0365-007 09/01/2011
Rates Fringes
PAINTER: Brush, Roller and
Spray.. . .. . . . . .... . ..... . . . ... ...$ 19.50 7.93
----------------------------------------------------------------
SUFL2009-146 06/24/2009
' Rates Fringes
CARPENTER, Includes Form Work. . ..S 17.00 2.51
' CEMENT MASON/CONCRETE FINISHER...$ 15.00 8.64
TABORER: Common or General. .. . . .$ 9.87 3.24
' TABORER: Landscape... . . . . ..... . .$ 7.25 0.00
LABORER: Pipelayer. .... . . .... . . .$ 14.00 2.42
' LABORER: Power Tool Operator
(Hand Held Drills/Saws,
Jackhammer and Power Saws
Only) . . . . . . .. .. . . . .... . . . . .... . . .$ 10.63 2.20
OPERATOR: Asphalt Paver..... . . . .$ 11.59 0.00
' OPERATOR: Backhoe Loader
Como. . .. . ..... . . .... . . .. . ... . . ..$ 16.10 2.44
OPERATOR: Backhoe/Excavator.. . ...$ 18.77 _.87
OPERATOR: Bulldozer. . .. . . . . . . .. .$ 14.95 0.81
' OPERATOR: Grader/B_ade. .. . . . . ...$ 15.00 2.84
OPERATOR: Loader. .. . . . . . . . . .. . . .$ 14.00 2.42
OPERATOR: Mechanic. . . . . . . . . .. .. .$ =4.32 0.00
OPERATOR: Roller. . .. ... . . . .. .. . .$ 10.95 0.00
5-1-2013 Page 28 of 87
Bid No.Y1200707C1
' OPERATOR: Scraper. . . . .. . . . . . . . ..$ 11.00 1.74
OPERATOR: Trackhoe...... . . .. . ...$ 20.92 5.5C
OPERATOR: Tractor. . . . .. . . . .... ..$ 10.54 0.00
TRUCK DRIVER, =ncludes Dump
Truck... . . . . . . ...... . ..... . ..... .$ 9.60 0.00
' TRUCK DRIVER: Lowboy Truck. . .. . .$ 12.73 0.00
TRUCK DRIVER: Off the Road
' Truck... . .. . . . . . . . ... . ... . . . 512.21 --1
----- - ----------
WELDERS - Receive rate prescribed for craft performing
operation to Maich welding is incidental.
----------------------...as....a arsa rs3
.)nlisted classifications needed for work not included within
the scope of zhe classifications 11sted may be added after
' award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
' ----------------------------------------------------------------
the body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
deLermina:ion. The classifications are listed in alphabetical
order of "identifiers" that. indicate whe_her the particular
rate -s union or non-union.
' Jnion Identifiers
An _dentifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
' ciassification and rate have found to be prevailing for that
ciassification. Example: PLUM019B-005 01/01/2011. The first
four letters , PLUM, indicate the international union and the
four-digit number, 0198, =hat follows indicates the local union
' number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 1710111011, following these characters is the
effective date of the most current negotiated rate/collective
bargaining_ agreement which would be ,Taly 1, 2011 in the above
example.
' Union prevailing wage rates wi.31 be updated to reflect any
changes in the collective bargaining agreements governing the
' 5-1-2013 Page 29 of 87
Bid No.Y1200707CI
rates.
0000/9999: weighted union wage rates will be pub-ished annually
each January.
Non-Union Identifiers
Classifications listed under an ^SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
' include both union a.d non-union data. Example: SULA2004-007
5/13/20110. S17 indicates the rates are not Union ma,ority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 -s an internal number used in producing the
wage deterninat-on. A 1993 or later date, 5/13/2010, indicates
the classifications and ra_es under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
----------------------------------------------------------------
WAGE DETFRMINATION APPEALS PROCESS
1.) Has there been an _nitial decision in --he matter? This can
be:
' * ar existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage deterrtina-ion ^latter
' * a conformance iadditional ciassification and rate; ruling
On survey related matters, initial contact, including requests
for summaries of surveys, shoi:ld be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsib'_ity for the
Davis-Bacon survey program_ If the response from this initial
contact is no,: satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any otter matter not yet ripe for the formal
' process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Detern.inations
' Wage and Hour Division
U.S_ Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
' 2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
1 5-1-2013 Page 30 of 87
i
Bid No. Y1200707CI
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
O 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a lull statement of the
interested party's pcsitirn and by any information (wage
payment data, project description, area practice material,
etc,) that the requestor cons'_ders relevant to the issue.
' 3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
j Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
C.S. Department of labor
200 Constitution Avenue, N.W.
Washington, DC 202.10
4.) All decisions by the Administrative Review Board are finai.
--------------------------------------
END OF GENERAL DECISION
General Decision Number:FL130150 09106/2013 FL150
Superseded General Decision Number: FL20120150
State: Florida
Construction Type:Heavy
County: Rroward County in Florida.
HEAVY CONSTRUCTION PROJECTS(Including Sewer and Water Lines)
Modification Number Publication Date
0 01/04/2013
1 04/06/2013
2 08/30/2013
1 3 09/06/2013
*ELEC0728-006 09/01/2013
Rages Fringes
ELECTRICIAN...................... $27.96 10.56
ENG10487-014 07/01/2013
Rates Fringes
OPERATOR:Crane
All Tower Cranes Mobile,
Flail,Climbers,Static-
r5-1-2013 Page 31 of 87
I
i
Bid No.Y1200707C1
Mount;AJI Cranes with
Boom Length 150 Feet&
Over(With or without jib)
Friction, Hydraulic,
Electric or Otherwise;
Cranes 150 Tons&Over;
Cranes with 3 Drums(When
3rd drum is rigged for
' work);Gantry&Overhead
Cranes; Hydraulic Cranes
Over 25 Tons but not more
than 50 Tons;
Hydrauiic/Friction Cranes;
&Ail Types of Flying
Cranes; Boom Truck......... $29.05 8.80
' Cranes with Boom Length
Less than 160 Feet(With
or without jib):Hydraulic
Cranes 25 Tons&Under,&
Over 50 Tons(With Oiler);
Boom Truck.................. $28.32 8.80
OPERATOR:Drill................. $25.80 8.80
OPERATOR:Oiler................. $22.99 8.80
IRON0272-005 10/0112011
Rates Fringes
IRONWORKER,STRUCTURAL...........$23.94 5.93
i
' LABO1 652-004 05101/201 1
Rates Fringes
1
LABORER: Grade Checker.......... $14.50 4.67
PAIN0365-007 09101=1 1
Rates Fringes
PAINTER: Brush,Roller and
Spray............................ $ 19.50 7.93
ISUFL2009-146 06/24/2009
Rates Fringes
' CARPENTER, Includes Form Work.... $17.00 2.51
CEMENT MASOWCONCRETE FINISHER...$15.00 8.64
LABORER:Common or General...... $9.87 3.24
LABORER:Landscape.............. $7.25 0.00
LABORER.Pipelayer.............. $ 14.00 2,42
LABORER:Power Tool Operator
(Hand Held Drills/Saws,
Jackhammer and Power Saws
Only)............................ $10.63 2.20
OPERATOR:Asphalt Paver......... $ 11.59 0.00
5-1-2013 Page 32 of 87
Bid No.Y1200707C1
OPERATOR: Backhoe Loader
Combo............................ $16.10 2.44
OPERATOR:Backhoe/Excavator..... $18.77 1.87
OPERATOR: Bulldozer............. $14.95 0,81
OPERATOR:Grader/Blade.......... $ 16.00 2.84
1 OPERATOR:Loader................ $14.00 2.42
OPERATOR:Mechanic.............. $14.32 0.00
OPERATOR: Roller................ $ 10.95 0.00
OPERATOR:Scraper............... $ 11.00 1.74
OPERATOR:Trackhoe.............. $20.92 5.50
OPERATOR:Tractor............... $10.54 0.00
TRUCK DRIVER, Includes Dump
1 Truck............................ $9.60 0.00
TRUCK DRIVER:Lowboy Truck...... $12.73 0.00
TRUCK DRIVER:Off the Road
Truck............................ $12.21 1.97
WELDERS-Receive rate prescribed for craft performing
' operation to which welding is incidental.
Unlisted classifications needed for work not included within
j the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
1,129CFR 5.5(a)(1)(ii)).
i 1
The body of each wage determination lists the classification
' and wage rates that have been found to be prevailing for the
cited type(s)of construction in the area covered by the wage
determination.The classifications are listed in alphabetical
order of"identifiers"that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU"denotes that the union
classification and rate have found to be prevailing for that
classification.Example: PLUM0198-005 07/0112011.The first
four letters,PLUM, indicate the international union and the
four-digit number,0198,that follows indicates the local union
number or district council number where applicable,i.e.,
Plumbers Local 0198.The next number,005 in the example,is
an internal number used in processing the wage determination.
The date,07/011201 f,following these characters is the
effective date of the most current negotiated ratelcollective
bargaining agreement which would be July 1,2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
' rates.
i
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5-1-2013 Page 33 of 87
� r
Bid No.Y1200707C1
000019999:weighted union wage rates will be published annually
each January.
Non-Union Identifiers
Classifications listed under an"SU"identifier were derived
from survey data by computing average rates and are not union
rates; however,the data used in computing these rates may
include both union and non-union data.Example,SULA2004-007
5/13/2010.SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana;2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination.A 1993 or later date,5/1 312 0 1 0, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
1.)Has there been an initial decision in the matter?This can
be:
'an existing published wage determination
'a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
"a conformance(additional classification and rate)ruling
On survey related matters, initial contact,including requests
for summaries of surveys,should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory,then the process described in 2.)
and 3.)should be followed.
' With regard to any other matter not yet ripe for the formal
process described here,initial contact should be with the
Branch of Construction Wage Determinations.Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue,N.W.
Washington,DC 20210
2.)If the answer to the question in 1.)is yes,then an
interested party(those affected by the action)can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7).Write to:
5-1-2013 Page 34 of 87
Bid No.Y1200707C1
' Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue,N.W.
Washington,DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information(wage
' payment data,project description,area practice material,
etc.)that the requestor oonsiders relevant to the issue.
3.)If the decision of the Administrator is not favorable,an
interested party may appeal directly to the Administrative
Review Board(formerly the Wage Appeals Board).Write to:
Administrative Review Board
' U.S. Department of Labor
200 Constitution Avenue,N.W.
Washington, DC 20210
4.)All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
r5-1-2013 Page 35 of 87
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Bid No. Y1200707C1
SECTION 003100: AVAILABLE PROJECT INFORMATION (if applicable)
THIS PAGE IS INTENTIONALLY LEFT BLANK.
i
5-1-2013 Page 36 of 87
Bid No.Y1200707C1
' FORM 004113-1: BID TENDER
Print Name of Bidder: Ric-Man Construction Florida,Inc._
Date Submitted: 1/22/2014
' The Board of County Commissioners
Broward County Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
' The undersigned, as Bidder, hereby declares that the only persons interested in this bid as
principal are named herein and that no person other than herein mentioned has any interest in
this bid or in the Contract to be entered into; that this bid is made without connection with any
other person,firm,or parties making a bid; and that it is, in all respects, made fairly and in good
Ifaith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of
all conditions pertaining to the place where the Work is to be done; that it has examined the
Contract Documents and all addenda thereto furnished before the opening of the bids, as
acknowledged below; and that it has satisfied itself about the Work to be performed; and that it
has submitted the required Bid Guaranty; and all other required information with the bid; and
that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with Broward County, a political
subdivision of the State of Florlda, pursuant to the terms and conditions of the Contract
Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus,
means of transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security permitted by COUNTY Procurement Code,each for not less than the
total bid price plus alternates, if any, and to furnish the required Certificate(s) of
Insurance/enrollment into OCIP.
The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if
Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and
Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15)
calendar days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by COUNTY. In the event of a discrepancy between the price bid in figures and the
price bid in words,the price in words shall govern. Bidder agrees that any unit price listed in the
bid is to be multiplied by the stated quantity requirements in order to arrive at the total.
5-1-2013 Page 37 of 87
1
Bid No. Y1200707C1
The Bidder certifies that no principals or corporate officers of the firm were principals or
corporate officers in another firm at the time such other firm has the bidder, its principals,
j officers or predecessor organization(s) been debarred or suspended from bidding by any
government during the last three(3)years? If yes, provide details:
No Not Applicable
I
Acknowledgment is hereby made of the following addenda(identified by number) received since
issuance of the bid solicitation:
Addenda No. 1 &2
Attached is [check section that applies] a Bid Bond( X ), G0e4 } MOMey QFder{ );
m""TvoWWOREII l=8#GF OfGFBdi4( 48"6WFIBO9 Gheek t Bank ID }-fv6ehieO8-Ghoek( T
Of GefEilfed QhAA E ( }; Ale, Bank of
Western Surety Company _ ____ _____ for the sum of
Five Percent Della s-f$, (5 ).
The Bidder shall acknowledge this bid by signing and completing the spaces provided below.
' Name of Bidder: Ric-Man Constntction Fiorida,Inc.
City/State/Zip: 3100 SW 15th Street
Deerfield Beach,FL 33442
Telephone/Fax No.: (954)426-1221 /(954)426-1226
Email Address: Frozon@iic-man.com
' Federal Dun and
I.D.No.:20-1309732 Bradstreet No.: 963434373
(if applicable)
1
If a partnership, names and addresses of partners:
' Not Applicable
6-1-2013 Page 38 of 87
' Bid No.Y1200707C1
PAnt Name SigRed Mew)
(Sign below if incorporated)
Ric-Man Construction Florida,Inc.
' A EST- (Type or Print Name of Corporation)
Secretary President
Catalina Mancini (Signature'and Title)
(CORPORATE SEAL)
Daniel Mancini
(Type or Print Name Signed Above)
Incorporated under the laws of the State of Florida
1
5-1-2013 Page 39 of 87
i
Bid No.Y1200707C1
' FORM 004113-2: SCHEDULE OF PRICES BID
in accordance with the General Conditions, Special Instructions to Bidders, Technical
Specifications and Requirements, the undersigned bidder offers pricing and services as per
the Electronic Bid Pricing Sheet(s);
Instructions for completing the Electronic Bid Pricing Sheet(s):
1. Download the Electronic Bid Pricing Sheet(s), in Microsoft Excel format, from the
Purchasing Division website at
htto:Itwww.broward.oralPurchasino/Paoes/CurrentSolidtationList.asnx. Respond to this
bid by inputting the company's information and unit pricing into the formatted Excel
' spreadsheet.Only the highlighted cells will be available for entering information.
2. Once the Electronic Bid Pricing Sheet(s) are completed, bidder should save the Excel
file to a CD or DVD in a read-only format. Do not password protect the file and do
not save it as a .PDF. Label the front of the disk with the bidder's name and bid
number.
3. Print the completed Electronic Bid Pricing Sheet(s);sign and date where Indicated.
4. Bidder must submit, in one envelope,the printed, signed Electronic Bid Pricing Sheet(s)
with the bidder's complete, original bid submission as per the General Conditions and
Special Instructions to Bidders and should include the CD/DVD (with the saved Excel
file).
5. If bidder is unable to electronically fill out and submit Electronic Bid Pricing Sheet(s)with
Its bid submittal, bidder must submit a hardcopy of the Electronic Bid Pricing Sheet(s)
with handwritten unit prices and extensions.
' 6. If the hardcopy of the Electronic Bid Pricing Sheet(s) does not match the Electronic Bid
Pricing Sheet(s) submitted on the CD/DVD, the hardcopy prices shall prevail for any
discrepancies in pricing. If hand-written bid Sheet(s) and electronic bid Sheet(s) are
submitted, handwritten unit prices will prevail for any discrepancies in pricing.
7. it is the Bidder's responsibility to monitor the Purchasing Division's website for any
issued addenda. Addenda may include revised Electronic Bid Pricing Sheet(s)that will
' need to be downloaded, properly filled out,and submitted by the Bidder.
8, The CD/DVD submitted with the bid will become County property; as such, it is
submitted at no cost to the County.
If the Bidder believes there is an error in the Electronic Bid Pricing Sheet(s), Bidder must
immediately notify the Purchasing Agent prior to the bid opening.
Ric-Man Construction Florida,Inc.
Print Name of Bidder: �
5-1-2013 Page 40 of 87
' Revised Electronic Bid Pricing Sheet(s)per Addendum 2 ARD
Bid No.;Y1200707C1 COUNTY
UAZ 314,UAZ 318 and UAZ 318 Water and Sewer Improvements Purchasing Division
' Using Agency:Water and Wastewater Services www.breward.org*wn assln0
Purchasing Agent; Ilyse S.Valdivia
Note:Complete ALL of the highlighted cells;unit prices entered will automatically calculate the total prices and total bid price.Refer to the Special Instructions to
Bidders,Bid Sheet for further Instructions.Unit prices provided are to be no more than two(2)decimal places.
Name of Bidder: Ric-Man Construction Florida,Inc.
Address of Bidder: 310D SW 151h Street
' Address of Bidder; Deerfield Beach FL 33442
Item Commodity Code(s)91356 Section Estimated Unit of
No. Description 01025 REF, quantity Measure Unit Price Total Price
' EX Widgets 14 EA $1.00 $ 14.00
(ENERAL
1 Bonds and Insurance Limited to3%ofTotal Bid 1.02 1 LS ES240,163.00
$ 233,410.09
' 2 Mobiltmlion Limited to 3.0%of Total Bid 1.03 1 LS $ 283,163.60
3 Maintenance of Traffic 1.04 1 LS E $ 240,163.00
4 Furnish and Instal Tern ore F-me en Access Ws 1.05 15,185 LF $ 17,614.60
5 Additional Com ensation for Excavation in Hard Rock 1.06 1,000 LF $ 31,740.00
(isnera(t'asfolceat $ OWMAS
' DEMOLITION... _
6 Remove and Dispose of F)dsling Concrete 1.07 925 SY $9.54 $ 8,824.50
7• Remove end Dispose of Existing Asphalt Pavement 1.07 69.000 SY $2.50 $ 172,500.0D
' 8 Remove and ExWlng Umerock Base Material 1.08 65,940 SY $2AS $ 141.771.00
9 Remove and RelooetelRe lace Existing Fencing 1.09 180 LF $9.73 $ 1,751.40
10 Remove and Relocate Existing Mailboxes 1.10 25 EA $94.68 $ 2,367.00
' 11 Remove and Relocate Existing Slone 1.11 80 EA 1 $47.34 S 3.787.20
12 Relocation of Existing Minor Trees 1.12 120 EA $135.2e $ 16,231.20
13 Relocation of Existing Major Trees 1.12 50 EA $286.00 $ 14,30D.00
14 Remove and Dispose of Existing Sanitary Sewer Pipe 1.13 550 LF $20.10 $ 11,055.00
15 Remove and Dispose of Existing Sanitary Sewer MAS 1.14 3 EA $1,410.60 $ 4,258.50
16 Grout and Abandon ExistingSan Sewer Pi 1.15 2,500 LF $4.95 $ 12,375.00
17 Grout and Abandon Exists Sanl Sewer MAS 1.161 7 Fro $2,200.00 $ 15,400.00
18 I Remove and Dispose of speed Hum 1-171 5 1 EA 1 $809.35 $ 4,046.75
DEMOLITION:$ubtWal!
$ 4011667.55
1
1
' Page 1 of 5
RQVV
6RD
Revised Electronic Bid Pricing Sheets)per Addendum 2 U
Bid No.:Y1200707C1 COUNTY
UAZ 314,UAZ 316 and UAZ 348 Water and Sewer Improvements Purchasing Division
Using Agency.Water and Wastewater Services www.browardAralpurdwasmag
Purchasing Agent:Ilyse S.Valdivia
Nye:Complete ALL of the highlighted cells;unit prices entered will automatically calculate the total prices and total bid price.Refer to the Special Instructions to
Bidders,Old Sheet for further Instructions.Unit prices provided are to be no more then two(2)decimal places.
Name of Bidder: Rlo-Man Construction Florida Inc,
' Address of Bidder: 31DO SW 15th Street
Address of Bidder: Deerfield Beach FL 33442
Item Commodity Code(s)91356 Section Estimated Unit of Unit Price Total Price
No. Description 01025 REF. Quantity Manure
8EW9R
19 Furnish and Install 8"PVC Sanitary Sevrer Pi 0'to 6'depth) 1.18 4,5D0 LF $6724 $ 302,580.00
20 Furnish and Install 8"PVC Sanitary Sewer Pi F to 8'de th 1.18 5,070 LF $70.25 $ 356,167.50
21 Furnish and Instal V PVC Sanitary Sewer Pi V to 10'depth) 1.18 2,50D LF $73 8B $ 164,650.D0
22 Furnish and Instal 8'PVC Sanitary Sewer Pipe(ID'to 12'de th 1.18 735 LF $83.77 $ 61,570.95
23 Furnish and Install 8" 0 Sanity Sewer Pi (IV to 12'd th 1.16 580 LF $94.35 $ 54,723.00
MO
' 1.250 LF $ 129.750.00
24 Furnish and Install 8"C900 Sancta Sewer Pie 17 to 14' th 1.18 $103.80
25 Furnish and Instal W 090D Sar0tary Sewer Pie 14'to 16'de 1.18 550 LF $133.93 $ 73,661.50
26 Furnish and Instal Sanitary Sewer MAS 0'to 4'de i.19 5 EA $3,770.25 $ 18,851.25
I ' 27 Furnish and Install Sanitary Sewer MAS 4'to 6'depth 1.191 13 EA $2,825.1t6 $ 38,796.18
28 Furnish and Install Sanity Sewer MAS 6'to V depth) 1.1 14 EA $3.163.35 $ 44,286.90
29 Fumish and Install Sanity Saver MAS 8'to 10'de h 1.1 3 EA $4,79 ..81 $ 14.396.43
' W Furnsh and Instal Sanity Sewer MAS(1 IT to 12'de h 1.19 1 EA $5,452.45 $ 5,452.45
31 Furnish and Install DropSanity Sewer MAS 10'to 12'de 1.20 3 EA $6,355.83 $ 19,067.49
4 EA $ 33,321.04
32 Furnish and Install Sanity Sewer MAS 1�to 14'de th 1.19 $8,330.26
33 lFurnish and Install Drop Sanitary Sewer MAS 12'to 14'de th 1.20 5 EA $9,307.37 $ 46,536.85
' 34 IFurnish and Install Sanitary Sewer MAS W to 16'de th 1.19 2 EA $9,435.32 $ 18,870.64
35 Furnish and Install Double Sanitary Sewer Laterals 1.21 40 EA $1 163.37 $ 46,534.80
36 1 Furnish and Install Single Sanity Sewer Laterals 1.21 197 EA $951.58 $ 187,461.26
Furnish and instal Double Sanitary Sewer Letera s on Existing 7 EA $1,511.76 $ 10,582.32
37 Sanitary Sewer Main 1.22
Furnish and Instal Single Sanitary Sewer Laterals on Existing 5 EA $ 5,204.70
38 Sancta Sewer Main 1.22 $1,040.94
Fumis rtstall and coonect Sanitary Sewer Lateral on Private
60 EA $ 77,287.80
39 Property 1.23 $1288.13
40 Core Existing Sanitary Sewer MAS 1.24 6 EA $847.77 $ 5,086.62
41 Fumish and Install External Drop MAS Connection 1.25 1 EA $4.537.56 $ 4,637.56
' 42 1 Provide Cleaning and Video Inspection of Sanitary Sewer 1.26 18,768 LF $13B $ 25,524.48
SEWER Bub1oM1 $ 1,762,841.72
i
1
1
' Page 2 of 5
Revised Electronic Bid Pricing Sheet(s)per Addendum 2 sd0
Bid No.:Y1200707C1 COUNTY
UAZ 314,UAZ 316 and UAZ 316 Water and Sewer Improvements Purchasing D(Vf8)On
Using Agency.Water and Wastewater Services
Purchasing Agent:Ilyse S.Valdivia www•hrowerd.orplpun:hasinp
Note:Complete ALL of the highlighted eels;unit prices entered will automatically calculate the total prices and total bid price.Refer to the Special Instructions to
Bidders,Bid Sheet for further instructions.Unit prices provided are to be no more than two(2)decimal places.
Name of Bidder: Ric-Man Construction Florida,Inc.
Address of Bidder: 3100 SW 15th Street
1 Address of Sldder., Deerfield Beach,FL 33442
Item Commodity Codes)91356 Section Estimated unit oT
No. Description 01025 REF. Auandty Measure Unit Prise Total Price
' WATER. -
43 IFumish and Install Manual Biowoff 1.27 14 EA $931.90 $ 13,046.60
44 Furnish and Install e"DIP Water Main Pipe 1.28 4,760 LF $33.75 $ 100.312.50
45 Furnish and Install 8'DIP Water Main Pipe 1.28 28,350 LF $39.08 $ 1,030,021.50
46 Furnish and Install 12"DIP Water Mein Pipe 1.28 7,550 LF $57.18 $ 431,709.00
47 Furnish and Install Pressure Main Fittings 1.29 27 TONS $3.446.58 $ 93,057.12
48 Furnish and Install Fire Hydrant Assembly 1.301 108 EA $3,442.391$ 371,778.12
' 49 Remove and Salvage Existing Fire Hydrant Assemb 1.31 32 EA $523.06 $ 16,738.66
50 Furnish and Instal Tapping T2ppIng Sleeve and Valve 1,32 21 EA $3 201.31 $ 67.227.51
51 Cut and Connect to UstIng Water Main
1.33 14 EA $496.36 $ 6,949.04
52 Furnish and Instal Insertion Valves 1.34 3 EA $5842.38 $ 17,527,14
53 Furnish and Instal 8"Gate Valves 1.35 145 EA $739.97 $ 107.295.65
54 Fumish and Install 8'Gate Valves 1.35 89 EA $1 043.19 3 92,843.91
55 IFurnish and Instal 12'Butterfly Valves 1.35 30 EA $1,580.81 $ 47,424.30
56 Abandon ExlsUn Water Mains smaler than 4' 1.36 90 LF $1.2B $ 113.40
A andon an rout sting 4 star Main(includes out and cap 1.36 4,650 LF
57 ex) $3.45 $ 16,042.50
' Abandon and Grout Existing 6"Water Main(includea cut and cap 1.36 15,500 LF $ 64,945.00
58 ex $4.19
Abandon and Grout Existing Water Main u cut and cap
59 ex 1.36 11.000 LF $5.09 $ 55,990.00
I Fumiah and Instal 1'Single Water Service in Casing,Meter Box
80 and Relocate Meter 1.37 110 EA $1,021.42 $ 112,356.20
Furnish and Install 1'Double Water Service In Casing,Meter Box 135 EA $ 184,928.40
61 land Relocate Meter 1.37 $1,369.84
' Furnish and Install 1'Single Water Service,Meter Box and 76 EA $ 83,612.16
62 Relocate Meter 1.37 $1,100.16
Furnish and Install V Double Water Service,Meter Box and 110 EA $ 141,241.10
63 Relocate Meter 1.37 $1.284.01
Famish and Install 2'Single Water Service in Casing,Meter Box 9 EA $ 19,311.39
64 and Relocate Meter 1.37 $2,145.71
Furnish and Install 2'Double Water Service in Casing,Meter Box 10 EA $ 21,547.00
65 land Relocate Meter 1.37 $2,164.70
Furnsh and Install 2'Single Water govice.KCter Box and 3 EA $ 6,496.80
' 66 Relocate Meter 1,37 $1,832.20
Furnish and Install 2'Double Water Service,Meter Box and t EA $ 1.798 90
67 Relocate Meter 1.37 $1 798.90
Furnish and Instal 4'Double Water Service,Meter Box and 1 EA $ 4,193.20
' 68 Relocate Meter 1.37 $4 193.20
Furnish and Install New Single Meter Box(without new water
69 service installation 1.38 3 EA $499.94 $ 1,499.82
Furnish and Instal New Double Meter Box(without new water 1.38 18 EA $ 12,934.44
70 1 service installation) $718,58
71 Furnish and Instal Sample Points to EA $1,005.32 $ 60,319.20
WATER Sub6o4)
S 3,242 360.26
Page 3 of 5
Revised Electronic Bid Pricing Sheet(s)per Addendum 2 B CRD
NTY
Bid No.,Y12OD707C1
UAZ 314,UAZ 316 and UAZ 318 Water and Sewer Improvements Purchasing Division
Using Agency,Water and Wastewater Services +rwrr.bmaart.or0rpurcha5rn0
Purchasing Agent:Ilyse S,Valdivia
Note:Complete ALL of the highlighted cells;unit prices entered will automatically calculate the total prices and total bid price.Refer to the Special Instructions to
Bidders,Bid Sheet for further instructions.Unit prices provided are to be no more than two(2)decimal places.
Name of Bidder: RicMan Construction Florida Inc.
Address of Bidder: 31DO SIN 15th Street
Address of Bidder: Deerfield Beach,FL 33442
Item Commodity Codels)91356 Section Estimated Unit of Unit Price Total Price
No. Description D1025 REF. CWantity Measure
RESTORATION ..
T2 Stablizatton of Su rode 1A0 7�5 00000 $2.28 $ 169,500.00
73 Furnish and Compact Lime Rock Base Material 1.41 68,00D SY $13 77 $ 936,360.00
1 74 Furnish and Place As 4,0
It Concrete.Pavement Patch 1.42 400 SY $6.66 $ 293,040.00
umrs an lace a ancrete avament- ype -
75 1st lift
406,538.00
lt 1.43 S4 350 SY $7.48 $
urns and Place Asphalt Concrete Pavement-Type
76 2nd lift1.43 54'350 SY $4.68 $ 254,356.00
76A Furnish and Install SMgX Pave(SP 12.51 1.43 CY $53 82 $ 25,833.80
6B Furnish and Install 1'Friction Course FC 143 1 ,§X $18,65 $ 22,753.00
' 76 Mill and RsauAs ohalt Pavement(Griffin Road 1.4 1.F20 SY $21 18 $ 25,839.80
77 Asphalt D evoy Aron Restoration 1.44 13,640 SY $24.53 $ 334,589.20
78 Concrete Driveway Aron Restoration 1.45 5,600 SY $4895 S 274,120.00
79 Specialty Driveway Aron Restoration 1.46 1,005 SY $55.02 $ 55,295.10
j 80 As hall Sidewalk Restoration 1 A7 450 SY $43 02 $ 19,359.00
81 Concrete Sidewalk Restoration 1.48 1,D00 I SY $55.09 $ 65,090.00
82 Miscellaneous Concrete Restoration 1.45 575 SY $60.40 $ 34,730.00
83 1 Furnish and Instal ADA Ramps 1.49 25 EA $688.68 $ 17,217.00
a4l Clear and Grade Swales 1.50 87,000 SY $1.28 $ 111,360.00
' 85 Furnish and Install Sod 1.51 67,0D0 SY $3.58 $ 311,460.00
86 Furnish and Piece 6"Thermoplastic solid line 1.52 LF $1.92 $ 49.036.80
87 Furnish and Place V-10'Sklp Thermoplastic 1.52 1,00D IF $1.791 $ 1,79D.00
88 Furnish and Place 10'-3D'Skip Thermo ante 1.52 31100 LF $2.02 S 6,262.00
' 89 Furnish and Place 12"Thermoplastic crosswalks 1.52 1200 LF $3.97 $ 4,764.00
90 Furnish and Place 18"Thernioplastic 1.52 650 IF $4.80 $ 3,120.00
91 Furnish and Place 24"Therm antic sto bars 1.52 1,000 LF $6.72 $ 6,720.00
92 Furnish and Place Pavement Symbols 1.53 35 EA $264.00 $ 9,240.00
' 93 Furnish and Place Reflective Pavement Markers 1.54 1,23D EA $5.281 $ 6,494.40
94 Fumish and Install Traffic Signs 1.55 20 EA $313.50 $ 6,270.00
95 Replace Traffic Loops 1.56 9 EA $2 75D.00 $ 24,750.00
' 96 Existing Irrigation System Restoration 1.57 730 LOT $137.50 $ 100,375.00
97Repair exist drainage 1.50 15 LS $3.653.56 $ 54,803.40
98 Furnish and Install Major Tree Live Oak Tree or Sabel Palm TreeL 1.59 150 EA $569.13 S 86,389.50
' 99 Fumish and Install Speed HLxnpa 1.60 5 EA $2 420 00 $ 12,100.00
100 Furnish and Install Type F Curb 1.61 6N0 LF $25.75 S 15.450.00
' 101 Furnish and Install Type D Curb 1.511 275 LF $26.59 $ 7,312.26
102 Furnish and Install Drop Curb 1.61 350 LF $32.35 $ 11,322.50
RESTORATION Subtotal 1 $ 3,752,622.351
Page 4 of 5
Revised Electronic Bid Pricing Sheet(s)per Addendum 2 BROW
ARCS
Bid No.:Y12O07o7C1 COUNTY
UAZ 314,UAZ 315 and UAZ 318 Water and Sewer Improvements affilimm
Purchasing Division
Using Agency:Water and Wastewater Services www.brumnl orWpurchssing
Purchasing Agent;Ilyse S.Valdivia
Note:Complete ALL of the highlighted cells:unit prices entered wife aullometically calculate the total prices and total bid price.Refer to the Special Instructions to
Bidders,Bid Sheet for further instructions.Unit prices provided are to be no more than k o(2)decimal places.
Name of Bidder: Rlc-Man Construction Florida,Inc.
Address of Bidder: 3100 SW 151h Street
Address of Bidder: Deerfield Beach FL 33442
Item Commodity Cods(s)91356 Section Estimsted Unit of Unit Price Total Price
No. Description 01025 REF. Quantity Measure
' MISCELLANEOUS
E104
Unforeseen Utllit Locates or Break Re Ir 1.63 50 HR $991.75 $ 49,587.50
Permit fees-Browerd County HCED 1.64 1 ALLOWANCE $ 32,460.5
' 105 Permit fees-City of Dania Beach Building Department 1.64 1 ALLOWANCE $ 316,251.76
108 Permit fees-NPDES-Notice of Intend 1.64 1 ALLOWANCE $ 1,200.OD
PeArmance and Maintenance Reaeired Securift(Work within 1 ALLOWANCE 60 60.00
1 Biowar Con R.O.W. 1.ti4A
MISCELLANEOUSSublobrl :.. $ 459,499.78
' TOTAL WE BID PRICE(Items 1 thru 10t3A.inclusive) S 10,432,062.83
HID,ADD ALTERNATE
1 107 Fumish and Instal PI SW 58th Street UAZ 316 1 62 550 LF $220.00 : 121.000.00
TOTAL COST BID ADD.ALTERNATE $ 121,000.00
TOTAL HID PRICE Items 1 thru 107,Inclusive) $ 10,553,082.83
1 Abbreviations:SY=Square Yard EA=Each LF=Linear Foot TN=Ton CF=Cubic Foot HR=Hour LS=Lump Sum
Trench Safety Act applies to this bid solicitation. The Bidder should complete and submit the Trench Safety Act Certification
(Form 004546-2)with the bid but must complete and submit within five(5)calendar days of request by COUNTY and prior to
' award to be considered responsive.
"The Performance and Payment Guaranty,Insurance,and Moblllzatlon(Pay Items 1 and 2)are not to exceed 3%of the total
amount. The 3%railing for Pay Items 1 and 2 is not a reflectlon of responsiveness;it is only the instruction on the maximum
amount the COUNTY will pay for these Items. Any amount In excess of 3%for Pay items 1 and 2 will be moved into Pay Item
3;however,the total bid amount will not change.Overage placed In Pay Item 3_will be paid In accordance with the Table
located in Technical Specifications,Section 01025. Include allowable percentage with your monthly pay request.
' Insurance Certificate must be project specific. Documentation of actual cost for bonding and insurance for this project from
your carrier must be supplied with first request for payment for reimbursement by COUNTY.
BASIS OF AWARD:IT IS THE INTENT OF THE COUNTY TO AWARD BY TOTAL BASE BID PRICE OR TOTAL BASE BID
PRICE PLUS ALTERNATE,WHICHEVER METHOD IS DEEMED IN THE COUNTY'S BEST INTEREST.UNBALANCED
' PRICES MAY BE GROUNDS TO DEEM BIDDER NON-RESPONSIVE.
DATE PREPARED: 1/22/2014
PREPARED BY(NAME OF PREPARER): Fausto Rozon
NAME OF COMPANY: Rio-Man Construction Florida Inc,
AUTHORIZED SIGNATURE: .--,. -
By signing this bid pricing sheet,your firm Is agreeing
to the terms and conditions of this bid.
Page 5 of 5
Bid No.Y1200707C1
FORM 004300: DOMESTIC PARTNERSHIP CERTIFICATION FORM
' THIS FORM SHOULD BE SUBMITTED WITH THE BID BUT MUST BE COMPLETED AND
SUBMITTED WITHIN FIVE BUSINESS DAYS OF COUNTY'S REQUEST
The Vendor, by virtue of the signature below, certifies that it is aware of the requirements of
Broward County's Domestic Partnership Act, (Section 16-1/2 -157 of the Broward County Code
of Ordinances,as amended);and certifies the following: (Please check only one below).
® 1. The Vendor currently complies with the requirements of the County's Domestic Partnership
Act and provides benefits to Domestic Partners of Its employees on the same basis as it
provides benefits to employees' spouses.
❑ 2. The Vendor will comply with the requirements of the County's Domestic Partnership Act at
time of contract award and provide benefits to Domestic Partners of its employees on the some
basis as it provides benefits to employees'spouses.
' ❑ 3. The Vendor will not comply with the requirements of the County's Domestic Partnership Act
at time of award.
❑ 4. The Vendor does not need to comply with the requirements of the County's Domestic
Partnership Act at time of award because the following exceptions) applies: (Please check
only one below).
❑The vendor's price bid for the initial contract term is$100,000 or less.
❑The Vendor employs less than five (5)employees.
❑ The Vendor is a governmental entity, not-for-profit corporation, or charitable
organization.
❑The Vendor is a religious organization, association, society, or non-profit charitable
or educational institution.
❑The Vendor does not provide benefits to employees' spouses.
❑ The Vendor provides an employee the cash equivalent of benefits. (Attach an
affidavit in compliance with the Act stating the efforts taken to provide such benefits and
the amount of the cash equivalent.)
' ❑ The Vendor cannot comply with the provisions of the Domestic Partnership Act
because It would violate the laws, rules or regulations of federal or state law or would
violate or be inconsistent with the terms or conditions of a grant or contract with the
United States or State of Florida. Indicate the law, statute or regulation. (State the law,
statute or regulation and attach explanation of its applicability.)
5-1-2013 Page 41 of 87
1
Bid No.Y1200707C1
FORM 004300: DOMESTIC PARTNERSHIP CERTIFICATION FORM
r
I, Daniel Mancini President of
(Name) (Title)
Ric-Man Construction Florida,Inc. hereby attest that I have the authority to sign
(Vendor)
this notarized certification and certify that the above-referenced information is true, complete
I
and correct.
r
Signature
' Daniel Mancini
Print Name
SWORN TO AND SUBSCRIBED BEFORE ME this22ndday of January .2014
' STATE OF FLORIDA COUNTY OF BROWARD
4' W Esther Zoblin
Notary P lic (Print,type or stamp commissioned name of Notary Public)
r
My commission expires: 9/28/2017 (SEAL)
rNofary Puboo 3bxs or Fb"s
. Esher Zoblin
Personally Known X or Produced Identificatlon � �"E;�,,.°OW Mnian;;°`�07
' Type of Identification Produced:
i
r
r
r5-1-2013 Page 42 of 87
r
Bid No. Y1200707C1
FORM 004313: UNCONDITIONAL LETTER OF CREDIT
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
' Broward County through its
Board of County Commissioners Amount:
County Administrator in United States Funds
Governmental Center Expiry:
115 South Andrews Avenue
Fort Lauderdale, FL 33301 (Date):
Bid/Contract Number-
We hereby authorize you to draw on
Vorder
uer name)
at of and for the account
(Branch address) .0
of
(Contractor,Applicant, s m )
up to an aggregate amount, in Unit s Funds,of available
by your drafts at sight,acca Hied
A signed statement fro C ty Administrator of Broward County, or the Administrator's
authorized representk ,th the drawing is due to default in performance of obligations on the
part of
(Contractor, Appi MIZ, ustomer) agreed upon by and between Broward County and
(Contractor, Applicant, Customer) pursuant
to the Bid/Contract No. for
(Name of Project)
1
Drafts must be drawn and negotiated not later than
(Expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No. of
dated
(Bank name)
' 5-1-2013 Page 43 of 87
1
Bid No.Y1200707C1
1 FORM 004313: UNCONDITIONAL LETTER OF CREDIT(continued)
This Letter of Credit sets forth in full terms of our undertaking,and such undertaking shall not in
any way be modified, amended, or amplified by reference to any documents, instrument, or
agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument,or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this Letter of Credit that such drafts will be duly honored
upon presentation to the drawee.
The execution of the Contact and the submission of the required Performance and Payment
Guaranty and Insurance Certificate by the 10
' (Contractor,Appli ustomer)
shall be a release of all obligations.
This Letter of Credit is subject to the"Uniform Customs a ce for Documentary Credits,"
International Chamber of Commerce (2007 revision), li t!on No. 600 and to the provisions
of Florida law_ If a conflict between the Uniform C t s d Practice for Documentary Credits
and Florida law should arise, Florida law shall re a conflict between the law of another
state or country and Florida law should arise a w shall prevail.
1
1 �-
r
Authorized Signature
i
1
1
r
5-1-2013 Page 44 of 87
i
Bid No.Y1200707CI
' FORM 004339-1: LETTER OF INTENT
1 BPOWIMRD
COUNTY
PINK
' OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT
LETTER OF INTENT BETWEEN BIDDERIOFFEROR
AND COUNTY BUSINESS ENTERPRISE(CBE)SUBCONTRACTOWSUPPLIER
' (Form to be completed and signed for each CBE firm)
Solicitation Number: Project Title:
Y1200707C1 I UAZ 314 UAZ 316 and UAZ 318 Water and Sewer Im Tovemeats
BidderfMfor Name: Ric-Man Construction Florida,Inc.
Address: 3100 SW 15th Street City:Deerfield Beach State;FL zip;33442
Authorized Representative: Daniel Mancini Phone:(954)14 h-1221
' CBE Subcorrtractorilftplier Name:B&M Lawn Service&Landscaping
Address: 2060 SW 60th Ave City: Plantation Stete:FL rip:33317
' Authorized Representative: Berlin Ellersoa Phone:(25097-32H
A. This is a letter of intent between the bidder/offeror on this project and a CBE firm for the CBE to perform
subcontracting wort on this protect,
B. By signing below,the biddedofferor is committing to utilize the a bove-named CBE to perform the work described
' below.
C. By signing below,the above-named CBE is committing to perform the work described below.
D. By signing below,the bidder/offeror and CBE affirm that if the CBE subcontracts any of the wort described below,it
' may only subcontract that work to another CBE.
Work to be pedomted by CBE Firm
Description NAICS CBE Contract CBE Percentage of
Amount!
Total Project Value
Furnish and Install Sod 561730
Furnish and Install Major Tree 561730
' AFFIRMATION:I hereby strirm that the Information above is true and correct.
2Subcontracto u r Authorized Representative
#.,L- President 1/20/2014
Y (Signature) (Title) (Date)
Bhdde !r orz�senhtive
President 1/22/2014
(Signature) (Title) (Date)
'Visit htt2;#Nww,0Mus.n9v/e wArmyfiaicsf to search. Match type of work with NA1CS code as closely as possible.
t To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer.
In fha avenl the IrnrJdantsRa nr does nd reoehe award cf the perm contract,any and ad repas&tMans ar this LmW of lnranr and Afromadorr shag be
nO and void.
CBE tanerarMeN J*2012
r
5-1-2013 Page 46 of 87
OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT
LETTER OF INTENT BETWEEN IBIDDERIOFFEROR
AND COUNTY BUSINESS ENTERPRISE(CBE)SU13CONTRACTORISUPPLIER
' (Form to be completed and signed for each CBE firm)
Solicitation Number: Project Title:
' Y1200707C1 UAZ 314,UAZ 316, &UAZ 318 WATER&SEWER IMPROVEMENTS
Bidder/Offeror Name: Ric-Man Construction Florida,Inc.
Address: 3100 SW 15th Street City: Deerfield Beach State: FL Zip: 33442
Authorized Representative:Daniel Mancini Phone: (9S4)426-1221
CBE SubcontractorlSupplier Name: COMPASS PIOINT SURVEYORS
Address: 2101 NW 33RD ST SUITE 100 City.Pompano Beach State: FL Zip: 33069
Authorized Representative:Benjamin Wiser ,Phone: 954 332-8181
A. This is a letter of intent between the bidder/offerot on this project and a CBE firm toy the CBE to perform
subcontracting work on this project.
B. By signing below,the bidder/offeror is committing to utilize the above-named CBE to perform the work described
below.
C. By signing below,the above-named CBE is committing to perform the work described below.
D. By signing below,the biddedofferor and CBE affirm that if the CBE subcontracts any of the work described below, it
may only subcontract that work to another CBE.
' Work to be performed by CBE Firm
Description tJA1CS CBE Contract CBE Percentage of
Amountt Total Project Value
' Survey Layout&As-builts 641370 $199,635.01) i
AFFIRMATION: I r by affirm t�tthherr(iation above is true and correct.
1CBE Suboont ter ARepresentative
PM/Principal 1121/2014
( rgn (Title) (Date)
' Did ntative
President 1/22/2014
(Signature) (Title) (Date)
Visit htte://www.census.upyleos/wuvw/naies)to search. Match type of work with NAICS code as closely as possible.
' t To be provided only when the solicitation requires that bidder/offer include a dollar amount in its bid-offer-
In the event the bidderlofferor does not receive award of the prime wrrbad,any and aU representations in this Letter of Intent and AAlrmallon shell be
ndl and void.
CBE Letter of Intent July 2012
Bid No.Y1200707CI
FORM 004339-1: LETTER OF INTENT
1 BR;X}:WARD
COUNTY
OFFICE OF ECONOMIC AN SMALL BUSINESS DEVELOPMENT
LETTER OF INTENT BETWEEN BIDDERIOFFEROR
AND COUNTY BUSINESS ENTERPRISE(CBE)SIIBCONTRACTORISUPPLIER
(Form to be completed and signed for each CBE firm)
Sollcltation Number ProJeci TM :
Y 1200707C 1 UAZ 314,UAZ 316 and UAZ 318 W atcr aild Sewer ln)lxovements
Bldderrofleror Name: Ric-Man Construction Florida,Inc.
Address: 3100 SW ISth Street city;Deerfield Beach state:rL zip:33442
Authorized Representative: Daniel Mar3cini Phone:(454)426-1221
1 CBE SubcotlfactorlSuppllar Name:J30N's)3aricades
Address: 1913 NW 40th Ct. City.Pompano Beach state:FL zip: 33064
' Authorized Representative:,Fliseo Lara Phone;f254)968-1261
A This is a letter of intent between the biddedofferor on this project and a CBE firm for the CBE to perform
suboonlrecbrg work on ttxs project,
' B. By signing below,the bidderlafferor is commidIng to utilize the above-named CBE to perform the work described
below.
C. By signing below,the above-named CBE is committing to perform the work described below,
D. By signing below,the bidder/offeror and CBE afrum that if the CBE subcontracts any of the work described below,it
' may only subcon"cl:that work to another CBE.
Work to be performed by CBE Firm
CBE Contred CBE Percentage of
Description NAICS Amount' -a Total Project Value
Fur nish and Install MOT 561990
LAFFIRMAT I 1 affirm that the iMormation above is true anal correct.
u ter A 4bgnsentatlre
—1C_R - 1121/2014
' nature) (Title) (Date)
Bldde ed 36itialive
President 1122/2014
' ftnalure) (Title) (Date)
1Vtst llwww: _can .00vleoslwwwlnaicef to searoh. Match type of work with NA!CS code as ollsely as poeaible.
To be provided only when the solicitation requires that biddedaffer Include a dollar amount in Its bid-offer.
' toMsevent the bbderkftvdoesnWmomweaardormeprt aoo lwl,any and arnwasmftban Ma,LOW dir"WandA►A"Mumabetae
rm and yoke
CBE lenwoffwaniJOV2012
5-1-2013 Page 45 of 87
r
i
Bid No. Y1200707C1
FORM 004339-1: LETTER OF INTENT
i BK"ARD
UN
OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT
LETTER OF INTENT BETWEEN 61DDERIOFFE1111OR
AND COUNTY BUSINESS ENTERPRISE(CBE)SUBCONTRACTORISUPPLIER
(Form to be completed erld signed for each CBE fan)
SoilcUllon Number. Project Tate:
Y1200707C1 UAZ 314,UAZ 316 and UAZ 319 Water and Sewer Improvements
Biddedofferor Name: Ric Man Construction Florida,Inc. ~
Address: 3100 SW 15th Street City:Deerfield Beach state:FI.Tip:33442
AAhodeed Reprowntative: Tfaniel Mancini Phone:(9541426-1221
CBE SubaontraelortSuppller Name:H&N Construction.Inc. _
Addreas: 220n NW 16th Street City.P_ OmnBno Beach State:FI.Zp:33069
' Authariaed Representativs:EstrellaMaligan Phone:(754)777-8078
A This Is a letter of inters between the bidder/offeror on this project and a CBE firm for the CBE to perform
subcontracting work on this project
B, By signing below,ffa bidder/offeror is canmitting to Li ibze the obwve-named CBE to perform the work described
below.
C By signing below,the above-named CBE Is oommt"to perform the work described below.
D. By signing below,fife bidder/offeror and CBE alarm that ff the CBE subcontracts any of the work described below,it
may only wArontraot that work to another CBE.
Work to be pehbrnted by CBE Firm
CBE Contract CBE Percei'>tage of
Description NAtGS Amount' Total Pro' et Value
Remove&Dispose Existing As halt Paving 324121
&l Co act Asphalt Patch
8 l 1.25"&.75"PaveiueA Asphalt Drivewa s
iAFFIRMATION:I hereby fvn that the irffomtatlon above is rite and wmaot.
CBE Subs clot! p er ottud Representative
' rature) (Tile) :G (Date) C�
Blddelrl0
President 1/22/2014
(Slgratun) (Tflle) (bate)
Visit h1w:1Arww.eensus.00ykasAyww to searoh. Match type of work with NAICS code as closely as possible.
To be prmAded only when the solicitation rogt*es that biddedoifer inctude a dollar emourd in its bid-offer.
N fro eyemf the btkhrrh&w doas rot make award d the prima creator ay cud of mptanwaffmoi char l.artwaftrAmtsnd A/hm lkn shah be
""Fend tired.
CBE Leftareflatenl J*2012
i5-1-2013 Page 46 of 87
Bid No.Y1200707C1
FORM 04339.2: APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
BFQN
ARD
CoU
e APPLICATION FOR EVALUATION OF GOOD FAITH EFFORT
PURSUANT TO
BUSINESS OPPORTUNITY ACT OF 2012,Sec. 1 8 fie)
RLI 1810 NO.: PROJECT NAME:
PRIME CONTRACTOR
ADDRESS TELEPHONE
The undersigned representative of the pri contrd>ttcr represents that hider firm has
corrected County Business Enterebeen
ed firms in a good faith effort to meet
' the CBE goal for this solicitation able to meet the goal.Consistent with
the requirements of the BUsine y Act of 2012(the Act),the prime contractor
hereby submits documentation this form) of good faith efforts made and
requests to be evaluated .5(e)of the Act.
The prime contra &:,
ta s that a determination of good faith effort to meet the
CBE contract p oal is contingent on both the information provided by the
prime contract aschment to this application and the other factors listed in
Section 1-8 of a CBE Act, as those factors are applicable with respect to this
solicdati prime oontractor acknowledges that the determination of good faith
effort is de y the Director of the Office of Economic and Small Business
Deveiopme ,and is not subject to appeal.
SIGNATURE:
PRINT NAME 1 TITLE:
DATE:
Good Wth EHolt EvNuation Oec�rn6e*7a1]
' 5-1-2013
Page 46 of 87
Bid No.Y1200707CI
FORM 004513: BIDDER QUALIFICATIONS
QUESTIONNAIRE
INFORMATION CONTAINED IN THIS DOCUMENT WILL BE USED BY THE COUNTY IN
DETERMINING THE RESPONSIBILITY OF A RESPONDENT. THERE MUST BE A
RESPONSE TO ALL QUESTIONS IN THIS DOCUMENT.
' INFORMATION MUST EITHER BE PROVIDED OR AN INDICATION OF "NONE" (IF
APPROPRIATE). DO NOT USE "N/A"AS A RESPONSE TO ANY QUESTION.
THIS COMPLETED FORM, INCLUDING A RESPONSE TO ALL QUESTIONS, SHOULD BE
SUBMITTED WITH THE SOLICITATION; HOWEVER, IT MUST BE SUBMITTED WITHIN FIVE
(5) WORKING DAYS OF THE COUNTY'S REQUEST. FAILURE TO PROVIDE THE
COMPLETED FORM MAY RESULT IN THE SOLICITATION BEING DEEMED NOW
RESPONSIVE.
' The undersigned authorized representative of the Bidder certifies the truth and accuracy of all
statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of the licenses,
certifications or registrations requested?
i
LicenselCertification Registration #Years
CGC 1514965 46
' 1.1. What business are you in? Heavy Civil Municipal General Contractor
2. What is the last project of this nature that you have completed?
Bid Package No. 12,Bid Package No. 13
3. Have you ever failed to complete any work awarded to you? If so,where and why?
' Never
' 3.1. Give owner names,addresses and telephone numbers,and surety and project names,for
all projects for which you have performed work,where your surety has intervened to assist
' in completion of the project,whether or not a claim was made.
Not Applicable
' PRINT NAME OF BIDDER: Ric-Man Construction Florida,Inc.
' 5-1-2013 Page 47 of 87
Bid No.Y1200707C1
4. Give names, addresses and telephone numbers of three individuals, corporations,agencies, or
institutions for which you have performed work:
4.1 Please See All References on the Following Page.
(Organization/Company) (Project Name)
(Contact Name) (Address) (Phone No.)
' (Contract Number) (Project Value) (Date Services Provided)
Scope of Project:
4.2
(Organization/Company) (Project Name)
(Contact Name) (Address) (Phone No.)
' (Contract Number) (Project Value) (Date Services Provided)
1 Scope of Project:
' 4.3
(Organization/Company) (Project Name)
(Contact Name) (Address) (Phone No.)
(Contract Number) (Project Value) (Date Services Provided)
Scope of Project:
' PRINT NAME OF BIDDER: laic-Man Construction Florida:Inc.
5-1-2013 Page 48 of 87
4.0 Clive nam addresses and tole ne mnmbera ofthree individuals do a envies or institutions for which on have rbrmed work: REFERENCES
4.1 Hermes Diaa,P.E. Contract Name:Sunset Harbor Pump Station No.I&2
HermesDia @vda=be1cht14Pv Project Value:$359,230.63
Miami Beach—Public Works/Engineering Division Date Services Provided:2012-2013
17W Convention Center Drive,4th Floor
Miami Beach FL 33139 Scope of PtWcct:This project consists of drilling four(4)new wells,redevelopment of two(2)installation
Office:(305)673-7080 of six(6)structures,four being for new wells and two for additional drainage.
Fax:(786)394-157f
Installation of 475 line,feet of high pressure C•965 I forceroaio and 200 linear feet of A2000 Pipe
connecting 2 drainage structures.Resurfacing and mad restoration
42 Pedro Virgil,GEC Contract Name:Furnish and Install 2.72"Butterfly Valves
Construction Project Supervisor I Contract Value;S744,539.32
vigiip®miamidade.gov Date Services Provided:2013
Direct Lint(30S)205-5152
1 Miami Dade Water and Sewer Department Scope ofNtet:Furnish and install two(2)72 inch butem*valves in 72"PCCP outside of the alexamder
Ctmstmafms Management Division orr water treattneat phttt RIC-MAN Comtrttaiar to apply floe d,ewderhrg parr*IkOW ptmk and FDOT
3575 S.I.e Jets Road ROW permit.
Miami,Florida 33146
4.3 Mark Gabriel,P.E Coreract Name:UAZ207—LIGMOUSE POINT 12"WATERMAIN AND 16"FORCEMAIN
MGebriel@bmword.org Contract Value:51,I56,817.D0
Btoward County Water and Wastewater Services Date Service Provided:2012
2555 West Copan Road
Pompano Besc u FL 33069 Scope of Project:This project was within a residential neighborhood with a heavy traf ric flow.irugtletioa
' Office:(954)831.0982 of in 4,50D linear feet of 16"fmcemain,two(2)conflict air release strucones,while tapping three(3)plug
Fax:(954)831-0925 valves into a live deteriorated f 6mcniain.Also,installation of4,400 linear feet of watermein,including 10"
sraialme excel custom fabrication bridge creasing water nisim.
This project was a complain restoration of a neighborhood with all utilities and roadway cost tit tion,
sidewallts amid driveway connections. All required permits were obtained using RIC-MAN Constmctiort's
seas
4.4 Alessandro Delfioo,P.E. Contract Name:NC 2.1 Drainage Project
Alessandmi Detfia"copb1com Contract Valve:1,1118,475.00
City ofPcimpsno Beach Date Services Provided:2012
1190 ME Ind Avenue
Pompano Beach,FL 33060 Scope of Project:This Projax was within a residential neighborhood with installation of 110 Drainage
Office:(954)7864144 Structures and 4,500 linear feet of 18"Reinforced Concrete Pipe and 2,00D linear he of ductile iron
Fax:(954)809-4914 weter=in
1 Pedro Vmgrl,GEC Co~Name:Furnish and Install 2-72"Butterfly Valves
Construction Project Supervisor L Contract Value;$744,53932
vfgilp@srdamidade.gov Date Services Provided:2013
Direct line:(305)205-5152
' Miami Dade Water and Sewer Department Scope of Project:burnish and install two(2)72 incb butterfly valves in 7I"PCCP outside of the:alexamder
Construction Management Division art waxer treatment plum.PIC-MAN Comtructioa to apply for dewatering permit,ROW permit and FOOT
3575 S.Le leurm Road ROW permit.
Miami,Florida 33146
i
1
1
1
Bid No.Y1200707C1
1
5. list the following information concerning all contracts in progress as of the date of submission of
this Solicitation. (in case of co-venture, list the information for all co-venturers.)
TOTAL %OF
OWNER OF CONTRACT DATE OF COMPLETION COMPLETION
NAME OF PROJECT PHONE NO. VALUE PER CONTRACT TO DATE
All Contracts in progress as of the date of submission of this solicitation are attached on the
following page.
(Continue list on insert sheet, if necessary.)
' 6. Has a representative of the Respondent completely inspected the proposed project site and
does the Respondent have a complete plan for its performance?
Yes,Ric-Man Construction Florida,Inc.has established a phase plan for the UAZ 314,316 and
318 Project
7. What equipment do you own that is available for the work?
All available equipment is attached to the following page.
8. What equipment will you purchase for the proposed work?
No equipment will be purchased unless necessary
' 9. What equipment will you rent for the proposed work?
No equipment will be rented unless necessary
' PRINT NAME OF BIDDER: Construction Fluida.Inc,
5-1-2013 Page 49 of 87
■r rr s �r r� r ■r r� rr ■r rr r� ■r r �r �r sr r� rr
Bid No.Y1200707C1
Ric-Man Construction Florida,Inc.
3100 SW 15°i Street Doerfield Beach,FL 33442
Office:(954)426.1221 Fax:(954)426.1226
Diane Corridor Septit to Sewer City of Hollywood 3,962,214.00 February 2015 15010
Conversion Engineering and Construction Services Division
P.0 Box 229045
Hollywood FL 33022
CI@ce Aurdlus,P.E.
Senior Project Manager
Department of Public Utilities-ECSD
Office:954-921-3930
Fax:954-921.3258
Mobile:954-805-3691
caurelu Il fl.
Boynton Beach Raw Water Main— City of Boynton Beach 3,112,000.00 July 2014 <1%
Section B 124 E.Woolbright Rd.
Boynton Beach,Florida 33435
Christopher Roschek,P.E.
Engineering Division Manager
Utilities,Engineering
Office:561-742-6413
Fsx:561-742-6298
roach bbfLus
Bid No.Y1200707C1
Ric-Man Construction Florida,Inc.
3e00 sw et 9"we ocasda Balk FL nag
onm asare2Ger2e Fi":c93eH2be46
Equipment List(Page No. 1)
' A-110 Air Com essor Gas Compressor Rol-Air 2HK28
A-111 Air C sor Gas Compressor of Road P130DWJD 1992
A-112 Air Compressor Gas Compressor Honda 8422HK30 2010
A-113 Air Cam attar Diesel Compressor SuF7air 185DP Cat 2005
B-115 John Deere 310SG Backhoc John Deere 310SG 2005
B-303 H rostaticBroorn Broom La -Mor SHC 2006
B-510 Trench Box Trench Box Speed Sbore TS0824DW 2006
0-513 Preach Box Trmeh Box Efficiency HDHT6-624-22 2011
C-207 Concrete Mixer Concrete Mixer Mul' ui MC64SH8 2011
C-208 Portable Silo Portable silo Mobile Tech MT-20OLP 2011
D-117 CAT D6 Dozer CAT D6M 1999
D-118 John Deere 650J Dozer Jobn Deere 65W 2006
E-110 CAT 345BL Excavator Excavator CAT 345BL 1999
E-112 CAT 315 BL Excavator Excavator CAT 315BL i 999
E-113 CAT325BLExcavator Excavator CAT 325BL 2000
E-119 CAT 303.5C CR Excavator Excavator CAT 303.5C CR 2006
' E-120 CAT 330DL Track Excavator Excavator CAT 33ODL 2007
E-908 CAT le for CAT 319 Accessory CAT Attachment NIA
G-193 CATGrader Grader CAT 1650-H
G-538 ISUZU 25000W Generator Generator ]sow Multi quip 2007
' G-640 Cham 'on Generator Generator Cbampjoe 40023 2009
G-542 Chem 'oa Generator Generat
or Cham ion 375672 2010
G544 Multi u' Generator Generator multi quip DCA25SSIU2C 2010
G-545 John Dare Generator/Generator Trailer Generator/Trailer John DeemiDual Axle R75UC 2006
H502 Jack Hammers Jack Hammers sullair Sullair N/A
H 503 Jack Hammers Jack Hammes Sullair Sullair NIA
U-504 Jack Hammers Jack Hammers Sullair Sullair N/A
L-118 CAT 95OF LOADER Le3ader CAT 950FIl 1997
L-121 CAT 9500 Loader Loader CAT 950G 2001
1-135 CAT 950H Wheel Loader Loader CAT 950H 2O08
1.1152 CAT289C Skit-Steer Loader Loader CAT 299C 2009
L-201 Jahn Deere544J Loader Loader John Deere 5443 2005
1,262 CAT Skid-Steer loader Loader CAT 252E 2007
1-293 Jolm Deere 5441 Loader Loader John Dare: 5443 2007
Lr310 Mitzabisbi Fork Lift Fork Lift Mitzubishi FGC25 2003
L-315 Mitsubishi Forklift Fork Lift Mitsubishi F015
' L-116 Scissor Lift Lift JLG 26
L-319 Clark Forklift Fork Litt Clark CY300
L-502 Cat PC206 Cold Planner Cold Parer CAT PC206 2007
M-122 Retrieval System Safty Equip. Miller 5YH37 2006
M-923 John Deere 6"Hydraulic Pump H tie PunV John Deere 4039D
M-974 Yamaha 4 Wheeler 4 Wheeler wBed Yamaha YJGP1000ASL 2005
M-927 Pressure Washer Pressure Washer Honda 2005
M-928 Asphalt Z'pqmr&Trailer halt Mill John Deere BT0011 2006
Ma129 Truchne Paint S Paint Sprayer Truelme T2000 2009
' M-932 Push Beat Vessel Marlin Bmge 2011
M-934 Contender Bent 32'6" Vessel Contender JDJ 2005
M-935 I42bt Tower(Towable) Liffit Towers Magoum MLT3060 2011
M-936 Light Tower Towable Light Towers Magam MLT3060 2011
' M-937 U&Tower(Towable) Li t Towers MAVMIM MLT3060 2011
M-938 Open Fiat— 42 Vessel Invincible 2013
P-102 Cam attar co-Factor Wacker WP1550A 2006
P-103 Compactor Compactor D LF9015.5HP ENO. 2007
' P-165 compactor Compactor Wacker WP1550
P-301 3"Subme mole Electric Pump Submersible Pump Mody M 304 T 2006
P-302 3"Submersible Electric Pump Submersible P Mody M 304 T 2006
P-303 3"Submersible Electric Pump Submersible Pump Tsmumi
' P-304 3"Submersible Electric Pump Submersible Pump, M94Y M 304 T 2010
P-305 3"Submersible Electric Pump Submersible Pimp Mody M 304 T 2010
P-606 12"Thompson Pump wellpoint Pump Thompson 12R-DJDS-4-4045 2006
P-607 12"Ihopson wellpoint b 2006o �
P-608 Hydrostatic Test Pump PRPRO UAG1050HU 2007
P509 6"HYD Power Unit Submersible Pump_ Mersiao F41914156TC 2006
r
Bid No.Y1200707C1
Equipment List(Page No.2)
P-610 H drosted Test Pump Rice H ro DPH-3B 2009
P-612 6"Ductile Pump Pnm Hydra Tech S6TC 2013
R-130 Hypec C850B 84"Roller Roller HYPN C850B 19"
R-112 Dynapac Compactor D c LH300 2005
R-114 Ingram Roller Roller Inv= 12 Too 1993
R-115 Inim Roller Roller Imam roller,3 wheel 1989
' R-116 DynapaDRoller Roller DyaaW CC122 2007
6 302 Broom Tractaa Tractor Massey Ferguson 461 2005
9-304 Hydrostatic Broom Broom La-Mor BHC 2006
S-700 Gas Cut-Off Cutguik Saw Gas Saw 3tr'hl TS 400 14' 2006
5.701 Gas Cut-Off cutguik Sew ON Saw SQI TS 40014" 2006
S-702 Gas Cut-Off Cut uik Saw Gas Saw Uhl TS 400 14' 2007
S-704 Gas Cut-Off Cutquik Saw Gas Saw Sti hl TS 42014" 2008
S-707 Gas Cut-Off Cutguik Saw Gas Saw Makita DPC7311 N/A
S-708 Gas Cut-Off Cytg2kSsw Gas Saw Makita DPC7301 N/A
T-124 Water Truck Wow Truck Volvo Autocar 1997
T-I30 Ford L9000 Dump Truck Dump Truck Ford L9000 1991
T-131 Tractor TracwTrailer Peterbik 379 2007
' T-132 Fiat Bad Truck Intereationai lateanatioaal 1991
T433 Mack Dump Truck DumpTruck Mack CV713 2007
T-343 Fuel Tank Fuel Tank L&J Portable Reflreler 2006
T-344 Car Hauler Trailer/70009apacky Trailer 64 x 16" Emerson Hombre carhmrler 2005
' T 345 Low Boy Trailer Trail Ki!& TK110HDG 2007
T-355 Trailer Trailer Kaufman 7000 Axlen 2008
T-358 Forest River Trailer Trailer Foress River WP728LK 2008
T-363 Ahimiwmu Trailer Trailer All American P45-3H 2013'
T366 GV WR Air Pintle Trailer Kautmao 2014
T-505 Siena Towable Trailer Sierra Ser301BHD 34%
T-507 Ford F-700 Fuel Truck Ford F700 1992
T-804 Ford F-250 Diesel tj!Lh!L Pickup Ford Darryl 2004
T-B46 GMC 2500 Sierra Pickup PM&W GMC Dam 2004
T-847 Otevy 3500 Meehank Truck Flat Bed Mechanic Chevy 3500 1999
T-850 Ford F•150 Pickup White Pidalp Ford Albert 2005
T-851 Ford F-450 lAikity Truck Flat Bed Meeheuic Ford F-450 2006
T-856 GMC Sierra Picimp PLCk2 Sierra Erik 2007
T-859 Chevy Silverado Pickup Chm Brian 2009
T-862 GMC Sierra Pickup Sierra Jassy 2009
T4166 GMC Siam Pkkup Pocup Sierra Jeff 2011
T-867 GMC Sierra Pickup 2500 Pickup Sierra Clyde 2012
T-922 Pontiac Bonneville Car Ponitao Don 2005
T-975 Ford PI50 Truck Ford C kle 2010
T-991 Ford F350 Truck Ford Danay 2013
Z-124 Pipe Laser Laser Spam Fie DG711 2005
Z-823 Gas Detector Gas Detector Indus.Scientific MG140 2006
Z-824 Gas Detector Kit Gas Detector Kit Indus,Sciandfie MG140 2W6
Z425 Gas Detector MG140 Gas Detector Kit Indus.Scientific MG140 2009
Z-326 Gas Detector MG 140 Gas Detector Kit Indus.Scientific M0140 20M
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Bid No. Y1200707CI
10.State the name of your proposed project manager and superintendent and give details of his or
her qualifications and experience in managing similar work.
Daniel LaCross,Project Manager
Fausto Rozon,Assistant Project Manager
Jeff Phillips,General Superintendent
' 11. State the true, exact, correct and complete name of the partnership,corporation or trade name
under which you do business and the address of the place of business.(if a corporation,state
the name of the president and secretary. If a partnership, state the names of all partners. If a
trade name,state the names of the individuals who do business under the trade name).
11.1 The correct name of the Respondent is:
Ric-Man Construction Florida,Inc.
11.2 The business is a(Sole Proprietorship)(Partnership) orporation
Corporation
11.3 The address of principal place of business is:
3100 SW 15th Street
Deerfield Beach FL 33442
11.4 The names of the corporate officers,or partners,or individuals doing business under a
trade name,are as follows:
Daniel Mancini,President
Steven Mancini,Vice President
Edward Mancini,Vice PresidentlFinancial Officer
Catalina Mancini_Secretary
11.5 List all organizations which were predecessors to Respondent or in which the principals
or officers of the Respondent were principals or officers
Not Applicable
PRINT NAME OF BIDDER: Ric-Man Construction Florida,Inc.
5-1-2013 Page 60 of 87
' DANIEL J. LACROSS
PROJECT MANAGER
3100 SW 15`b Street, Deerfield Beach, FL 33442 - 954.426.1221 • 954.426.1226 • DLaCrossQric-rnan.com
WORK EXPERIENCE
RIC-MAN Construction,Inc.,Florida 2006-Present
Project Manager
Complete Management of all ongoing projects,
RIC-MAN Construction,Inc.,Florida 2004-2005
General Superintendent
' Installation of underground utilities pipe work,road work and site work.
Eastwood Excavating,Michigan 2001-2004
' General Superintendent
Installation of underground utilities,storm sewer,sanitary sewer and water main.
Rasmussen Excavating,Michigan 1999-2001
General Superintendent
Installation of underground utilities,complete site work to include gas transmission mains and site restoration.
United States Army 1991-1995
Guyer on MlAl Main Battle Tank
' Ball Underground Coatractors,Michigan 1985-1991
' General Superintendent
Installation of underground utilities and site restoration,Duties:Daily on site,direct supervision of foreman and
labor forces. Schedule equipment and responsible for maintaining project schedule,quality control and working
relationships with owner's representatives and the public in general. Responsible for project schedules
estimating and all paperwork associated.
EDUCATION
B.S.in Accounting
Ferris State University,Big Rapids,Michigan
1
FAUSTO A. ROZON, EIT
ASSISTANT PROJECT MANAGER
3100 SW 15"' Street, Deerfield Beach, FL 33442 - 954,426.1221 • 954.426,1226 • frozori(@.ric-man.com
WORK EXPERIENCE
RIC-MAN Construction,Inc.,Florida 2011-Present
Assistant Project Manager/Estimating
Complete management of all upcoming projects bids and any associates documentation. Responsible for
maintaining project schedule,quality control and working relationships with owner's representatives and general
public.
' M.Vila&Associates,Inc.,Florida 2009-2011
Assistant Project Manager/Project Engineer
Proactively coordinate project information with all stakeholders. Facilitate PO's, CO's, PCO's, RFI's, pay
requisition's,permits,locates,calculations,as-built's and schedules.
' Haiti Earthquake Relief,Port au Prince,Haiti 2010
Volunteer/Engineer Intern
Six weeks of Haiti Earthquake Infrastructure Relief in coordination with EWB and ASCE.
FIGG Engineering Group,Florida 2009
Engineer Intern
Assist engineers and engineering technicians with design, development, integration, and testing. Monitor
construction activities;including earthwork, foundation installations,and paving. Inspect test borings,test pits
and monitoring wells.
GI.F Construction Corp.,Florida 2008-2009
' Engineer Intern
Assist Project Engineer,Engineering Technician III,and staffed in construction project observation.
EDUCATION
B.S.Civil Engineering
Florida State University,Tallahassee,Florida
CERTIFICATION
Intermediate MOT,ATSSA
t JEFFERY S. PHILLIPS
GENERAL SUPERINTENDENT
' 3100 SW 151h Street, Deerfield Beach, FL 33442 • 954.426.1221 - 954.426.1226
WORK EXPERIENCE
RIC•MAN Construction,Inc.,Florida � 2006-Present
General Superintendent
Installation of underground utilities,storm sewer,sanitary sewer and water main.
George Odien Underground Construction 2005-2006
' General Superintendent
Installation of underground utilities,storm sewer,sanitary sewer and water main.
Star Contracting Plymouth,Michigan 1995-2005
General Superintendent
Installation of underground utilities,complete site work to include dredging and site restoration
' John Carlo,Inc,Michigan 1977-1995
Superintendent
Assist engineers and engineering technicians with design,development,integration,and testing.Monitor
construction activities;including earthwork,foundation installations,and paving.Inspect test borings,test
pits and monitoring wells.
EXPERIENCE
33 Years of Field Experience
CERTIFICATIONS —
10 Hour OSHA Compliance
CPR/Medical First Aid
Confined Space Entry
t
CLYDE E. HARDING
PROJECT SUPERINTENDENT
3100 SW 15t' Street, Deerfield Beach, FL 33442 • 954.426.1221 • 954.426.1226
WORK EXPERIENCE
RIC-MAN Construction,Inc.,Florida 2008-Present
Project Superintendent
Oversee project foremen with daily activity coordinates with subcontractors,maintains project schedule.
CMTS,Florida 2004-2008
Construction Manager
eOversaw water works project for City of Ft.Lauderdale,also safety improvements for FDOT District 2
KCCS Inc.,Florida 2003—2004
Senior Inspector
All aspects of earthwork construction including underground utilities and drilled shafts
' Metric Engineering,Florida 2001-2003
Senior Inspector
Oversee construction of one new bridge with steel girder construction, widening of two bridges with new
' pile,Also assisted project engineer with supervision of personnel and preparing quantities for payment of the
contract.
' EDUCATION
FDOTProject Engineer's School
CERTIFICATIONS
1 Asphalt Paving Technician Level I&2 Storm water Management Inspector
10 Hour OSHA Compliance MSEW/.RSS Construction Inspector
CPRI Medical First Aid Concrete Field Inspector
ACI Concrete Inspector Work zone Traffic Control
1
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Bid No. Y1200707CII
' 11.6 List and describe all bankruptcy petitions(voluntary or involuntary)which have been filed
by or against the Respondent, its parent or subsidiaries or predecessor organizations
during the past three(3)years. Include in the description the disposition of each such
petition.
' Not Applicable
12. List and describe all successful Performance or Payment Bond claims made to your surety(ies)
' during the last three(3)years. The list and descriptions should Include claims against the bond
of the Respondent and its predecessor organization(s).
' Not Applicable
' 12.1 Has the Respondent, its principals,officers or predecessor organization(s)been
debarred or suspended from bidding by any government during the last three(3)years?
If yes, provide details.
' Not Applicable
1
12.2 Under what conditions does the Respondent request Change Orders.
A Change in Contracted Scoge of Work.
1
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' PRINT NAME OF BIDDER: Ric-Man Construction Florida,Inc.
5-1-2(}13 Page 51 of 87
Bid No.Y1200707C1
' 13. LITIGATION HISTORY REQUIREMENT: The COUNTY will consider a vendor's litigation
history information in its review and determination of responsibility. All vendors are required to
disclose to the COUNT!'all "material"cases filed or resolved in the three(3) year period ending
with the solicitation response due date, whether such cases were brought by or against the
vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is
1 a joint venture, the information provided should encompass the joint venture (if it is not newly-
formed for purposes of responding to the solicitation) and each of the entities forming the joint
venture. For purpose of this disclosure requirement, a "case" includes lawsuits, administrative
' hearings and arbitrations.A case is considered to be"material'if it relates, in whole or in part,to
any of the following:
13.1. A similar type of work that the vendor is seeking to perform for the COUNTY under the
current solicitation;
13.2. An allegation of negligence, error or omissions, or malpractice against the vendor or any
of its principals or agents who would be performing work under the current solicitation:
' 13.3. A vendor's default, termination, suspension,failure to perform, or improper performance
in connection with any contract;
13.4. The financial condition of the vendor, including any bankruptcy petition (voluntary and
' Involuntary);or
13.5. A criminal proceeding or hearing conceming business-related offenses in which the
vendor or its principals(including officers)were/are defendants.
' Notwithstanding the descriptions listed in paragraphs 13.1-1.35 above,a case is not considered
to be "material" If the claims raised in the case involve only garnishment, auto negligence,
personal injury, or a proof of claim filed by the vendor.
' For each material case, the vendor is required to provide all information identified in the form
attached as Form 004513-1: Litigation History.
' A Vendor is also required to disclose to the COUNTY any and all case(s)that exist between the
COUNTY and any of the vendor's subcontractors/subconsultants proposed to work on this
' project.
Failure to disclose any material case, or to provide all requested information in
connection with each such case, may result in the vendor being deemed non-responsive.
Prior to making such determination, the vendor will have the ability to clarify the submittal
and to explain why an undisclosed case is not material.
' PRINT NAME OF BIDDER: Ric-Man Construction Florida,Inc.
1
1
' 5-1-2013 Page 52 of 87
Sid No.Y1200707C1
' FORM 004513-1: LITIGATION HISTORY
Party Vendor is Plaintiff❑ Vendor is Defendant❑
Case Name
Case Number
Date Filed Ric Man Construction Florida, Inc.
Name of Court or other has no litigation history.
tribunal
Civil ❑ Administrative/Regulatory❑
Type of Case
Criminal❑ Bankruptcy❑
' Claim or Cause of Action
and Brief description of
each Count
Brief description of the
Subject Matter and
Project Involved
' Disposition of Case Pending ❑ Settled❑ Dismissed❑
(Attach copy of any
applicable Judgment, Judgment Vendor's Favor❑
' Settlement Agreement
and Satisfaction of
Judgment.) Judgment Against Vendor❑
' If Judgment Against,is Judgment Satisfied?Yes❑No❑
' Name:
Opposing Counsel
' Email: Phone number:
NAME OF BIDDER: R'c-M8n Construction Florida,Inc.
' 5-1-2013 Page 53 of 87
' ---"M*i RICMA-, OP ID:DH
`4�R�� CERTIFICATE OF LIABILITY INSURANCE °"'012114
' 03/2,/,4
THIS CERTFIGATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTPICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREP431 AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED,the POIICOSs)must be endorsed. IF SUBROGATION IS WAIVED,subject to
the terms and conditions of the polity,certain policies may require an andorsemeni. A statement on this cerilecar does not confer rights to the
certificate holder In lieu of such end s
PRODUCER 596-97741=1 .TMACT
' Brown 6 Brown of Detroit
P.O.Box 8020 586-977-6780 PH" ,l+dx. ..
35735 Mound Road
SWAIMights.M148311.80Z9
Al'Pis�d Orion la INSURE1gS)AFFORDINGCOVERAQE_ _, Id1I1Gf
' _.. INUMA;Illlnols National Insurance Cc _ 123817
IKSURED Ric-Man Construction INGUR 01 Commerce and Industry Ins. - 10410
Florida Inc wama A1G Pro Casua Com - 10402
3100 SW 15th St Perms_ Ilj► PP!ry ------._
Deerfield Beach,FL 33442 sounatD.Great American Insurance CO..
leiDBiR E: (
IMF:
COVERACIES CERT0=ICILTE NUMBER: REVISION NUMBER:
' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANMNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIARENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR16E0 HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION OF SUCH POLICIES,LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
................pOLICy M{wMBt..__.._._....._ LIeITI
TYPE OF e11URAMCE
' a &VALLIAaB1TY EACH OCCURRENCE E— ... 1,000,00
UriNT
A X'COMMERCIAL GENERAL LIABILITY X 16370.106 Q6101115 p_ 8g1H D71IKt;EY MM--
4 p Sl, � s 30040
CLANS-Monk L i OCCURMW E1IP(My a+e prwn} a .. 1s,o0
X Contractua'"CU _
I �- . PtR$ONALiAOV INJURY is 1,000
x Par l ovation _
GENERAL AGGREGATE a 2"0,
GEN'LAGGREGATELIMITAPPLESPER: PRODUCTS-COMPOPAGG I f 2,000,
POLICY X LOC -- -
' AUTOMOBILE coonafto Mom UWT 1,000,
l6p-aepm!y1--...........
__
A X ANY AUTO _ ISM60 0 MIM3 0=1114 BODILY INJURY(Par e
ALL
SCHEDULED AUTOSeODLY INJURY(Preotlept){i
NO
i'XI
HseED AUTO. XT PRiSPEIt14 iSAi1PiC�E - E 3 —__._
X.UMBRELLA IJAII I X I OCCUR EACH OCCURRENCE i 10,000.
t3 occEasLlAe cLArlf.a�noE BE13461612 0111MR3 06/01M4 AGGREGATE t_ 10,000,
1 CEO i x I _-
NIORI®!e COBPENVATNJN
(AND ErPLOYERIr LIABILITY X(TpRT LItK[S I (.FR.F
YIN C ANY PROPRIETORIPARTNERIEXECUTIVE CO25MBO6 0O101M3 08/0'IM4 El EACH ACCIpENT I i 1,000_
OFFCERAKIM"EXCLUDED? MIA --
IN+ v+n Ienl E.L DI.EASE-EAEMPLOYEEI S 1,0a0
NM Rla F7I p�ndn. TIONShslmr EL OIDEASE-POLICY LMT 4
I) 8ulionUab FCE391512601
E301512BOI 06101M3 ON01M4 Limit 10A00.00D Irrohsslorsl Liab OB/01M3 06l01M4 Lint 6,000.00
DIISCI R!I PTION OF OPERATIONS I LOCATIONS I VBBCLIB(Asrm AGORD 101,Add OmM Rwaft BahWYk.If mom apes a r4ldmdl
Broward County La included as an additional insured for general liabiity in
respects to project known as UAZ314-316-318 Natter and sever rMprovesent
project-INS per 61712 12/06 attached.
FRANCISCO VASQUEZ
2014.03.21 14:58:10
-04'0(Y
' CERTIFICATE H=ER CA TION
BROWARC
SHOULD ANV OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
BrOWard COunq ACCORDANCE WITH THE POLICY PROVISIONS.
AM:Na)IB ZerrcK*I,W WS AUTNORWM RePRES TAMM
115 S.Andnvmo Ave RmA-100 Brian Pilareki
Ft.Lauderdale„FL 33301-1895
ID 188i-2010 ACORD CORPORATION. AO rights reserved.
ACORD 25(2010106) The ACORD same and logo are registered marks of ACORD
' ENDORSEMENT
This endorsement, effective 12:01 A.M. 06l01/2013 forms a part of
policy No.GL 637-63-06 issued to R1C-MAN CONSTRUCTION, INC.
1 byILLINOIS NATIONAL INSURANCE CO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1
SECTION 11 - WHO IS AN INSURED, is amended to include as an additional insured:
Any person or organization to whom you become obligated to include as an additional
insured under this pollcy, as a result of any contract or agreement you enter into which
requires you to furnish insurance to that person or organization of the type provided by
' this policy, but only with respect to liabillty arising out of your operations or premises
awned by or rented to you.
However,the insurance provided will not exceed the lesser of:
The Coverage andlor limits of this policy, or
The coverage and/or limits required by said contract or agreement.
' A oriz epr tali or
Countersi Appl'i ggnature fin States Where
cablvl
61712 (12/06) Page 1 of 1
Bid No. Y1200707C1
FORM 004546-1: DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE COMPLETED AND SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
' The undersigned Bidder hereby certifies that it will provide a drug-free workplace program by:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the offerors workplace,
and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a continuing drug-free awareness program to inform its employees about:
i
(i) The dangers of drug abuse in the workplace;
' (ii) The Bidder's policy of maintaining a drug 4ree workplace;
(iii)Any available drug counseling,rehabilitation, and employee assistance programs; and
(iv)The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
1 3. Giving all employees engaged in performance of the Contract a copy of the statement required
by subparagraph(1);
4. Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract,the employee shall:
(1) Abide by the terms of the statement;and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute
for a violation occurring In the workplace no later than five (5) calendar days after such
conviction;
5. Notifying Broward County government in writing within ten (10) calendar days after receiving
notice under subdivision (4) (ii)above,from an employee or otherwise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
6. Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction,
taking one of the following actions with respect to an employee who is convicted of a drug
abuse violation occurring In the workplace:
(1) Taking appropriate personnel action against such employee, up to and including
termination;or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation.program approved for such purposes by a federal, state, or local health,
law enforcement,or other appropriate agency;and
r7. Making a good faith effort to maintain a drug-free workplace program through implementation of
subparagraphs(1)through(6).
5-1-2013 Page 55 of 87
Bid No. Y1200707C1
FORM 004546-1: DRUG FREE WORKPLACE CERTIFICATION c ued( onttn )
(Bidder Signature) ��
' Daniel Mancini
(Print Vendor Name)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 22nd day of January
20 14 , by Daniel Mancini (name of person whose signature is being
notarized) as President (title) of
Ric-Man Construction Florida,Ind. (name of corporation/company),
' known to me to be the person described herein, or who produced as
identification, and who jW
did not take an oath.
NOTARY PUBLIC: } '
&i�ll
(Signature)
Esther Zoblin My commission expires: 9/28/2017
(Print Name)
State of FLORIDA at Large (SEAL) qe "j* �7 Pww same d Fw�ida
EWhtr zblinUVGWWiaiMFF042W
a �xpkn0912e12ot7
5-1-2013 Page 56 of 87
Bid No.Y1200707C1
FORM 004546-2: NON-COLLUSION CERTIFICATE
STHIS FORM MUST BE COMPLETED SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE
DEEMED RESPONSIBLE,
By submission of this bid, Bidder certifies that this bid is made independently and free from
collusion. Bidder shall disclose below, to the best of its knowledge, any Broward County officer
or employee, or any spouse, son, daughter, stepson,stepdaughter,or parent of any such officer
' or employee, who is an officer or director of, or has a material interest in,the Bidder's business
who is in a position to influence this procurement. Any Broward County officer or employee who
has any input into the writing of specifications or requirements, solicitation of offers, decision to
award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for
purposes hereof, to be in a position to influence this procurement. For purposes hereof, a
person has a material interest if he or she directly or indirectly owns more than five percent(5%)
of the total assets or capital stock of any business entity, or if he or she otherwise stands to
personally gain if the Contract is awarded to this vendor. Failure of a vendor to disclose any
relationship described herein shall be reason for debarment in accordance with the provisions of
the Broward County Procurement Code.
NAME RELATIONSHIPS
INo Such Relationships exist as described herein
STATE OF FLORIDA )
SS.
COUNTY OF BROWARD)
' The foregoing instrument was acknowledged before me this 22nd day of
January , 20 14 , by Daniel Mancini whom oersonalk 6nown to me
or who has produced as identification and who did/did not
take an oath.
' WITNESS my hand and official seal, this 22nd day of jmnujfv , 20 14 .
t (NOTARY SEAL) (Signature of person taking acknowledgment)
_ y =1 PWft Smm rx FW Wo Daniel Mancini
Eslher ir► (Name of officer taking acknowledgment-Typed,printed,or stamped)
MY commWmie�bA FF 042e07
�aw �+09dZ8�077
President
(Title or rank)
FP 042607 �
EstherZoblin, tary Public (Serial number, if any)
5-1-2013 Page 57 of 87
Bid No. Y1200707CI
FORM 004546-3: VENDORS LIST NON-CERTIFIED SUBCONTRACTORS AND
SUPPLIERS)
THIS FORM SHOULD BE SUBMITTED WITH THE BID; OR IF NOT SUBMITTED WITH BID,
t IT MUST BE SUBMITTED WITHIN 5 CALENDAR DAYS OF REQUEST FROM THE COUNTY
Provide this information for any sub vendor(s)who will provide a service to the COUNTY for this solicitation.
This Includes major suppliers as well.
1 1. Firm's Name: US Pipe&Foundry.LLC
2. Firm's Address: 14580 Saint Georges Hill Drive
3. Firm's Telephone Number: _(407)592-1175 Firm Email Address: tlewisausoioe.com
' 4. Contact Name and Position: Todd Lewis
5. Alternate Contact Name and Position: Dennis Parsons
6. Alternate Contact Telephone Number: (205)417-8429 Email Address: Dparsons@uspipe.com
7. Bid/Proposal Number: Contracted Amount:
8. Type of Work/Supplies Bid: Award Date:
1. Firm's Name: HD Supply
2. Firm's Address: 4310 NW loth Ave.,Oakland Park,FL 33309
3. Firm's Telephone Number: (954)772-7343 Firm Email Address. Steve.Shay@HDsupply.com
4. Contact Name and Position: Steve Shay,Sales Manager
5. Altemate Contact Name and Position: Ryan Shay,Sales Manager
6. Alternate Contact Telephone Number: (954)658-8641 Email Address:Ryan.Shav@HDsupply.com
7. Bid/Proposal Number: Contracted Amount:
B. Type of Work/Supplies Bid: Award Date:
' I certify that the information submitted in this report is in fact true and correct to the best
of my knowledge. j
President
Ric-Man Cgustruction_Florida,Inc. 1/22/2014
Signature Title / Firm Name Date
rNote: the information provided herein is subject to verification by the Purchasing
Division. Use additional shoots for more subcontractors or suppliers as necessary.
5-1-2013 Page 58 of 87
Bid No. Y1200707C1
FORM 004546-4: LOBBYIST REGISTRATION
This certification form should be completed and submitted with your bid but must be completed
and submitted prior to award_
The Vendor, by virtue of the signature below, certifies that:
a. It understands if it has retained a lobbyist(s) to lobby in connection with a competitive
solicitation, it shall be deemed non-responsive unless the firm, in responding to the
competitive solicitation, certifies that each lobbyist retained has timely filed the
registration or amended registration required under Section 1-262, Broward County
Code of Ordinances;and
b. It understands that if, after awarding a contract in connection with the solicitation, the
County learns that the certification was erroneous, and upon investigation determines
that the error was willful or intentional on the part of the vendor,the County may, on that
basis, exercise any contractual right to terminate the contract for convenience.
Based upon these understandings,the vendor further certifies that: (Check One)
' 1. X It has not retained a lobbyist(s)to lobby in connection with this competitive solicitation.
2. It has retained a lobbyist(s)to lobby in connection with this competitive solicitation and
' certified that each lobbyist retained has timely filed the registration or amended
registration required under Section 1-262, Broward County Code of Ordinances.
STATE OF FLORIDA (Vendor Signature)
Ric-Man Construction Florida,Inc.
1 (Print Vendor Name)
COUNTY OF f3ROWARD
The foregoing instrument was acknowledged before me this 22nd day of January ,2014 ,by
Daniel Mancini as President of
' (Name of person who's signature is being notarized) (Title)
Ric-Man Construction Florida,Inc. known to me to be the person described herein, or
(Name of Corporation/Company)
who produced as identification,and,wh id/did not take an oath.
' (Type of Identification)
NOTARY PUBLIC:
--� My commission expires: 9128/2017
(S' nature)
,►�� Nolary Pubft State 01 Fbrida
Father Zoblin :� EettterZablln
J My Commiubn PF 042607
(Print Name) aw�` �P �0B12aQ017
5-1-2013 Page 59 of 87
Bid No.Y1200707C1
' FORM 004546-5: SCRUTINIZED COMPANIES CERTIFICATION
THIS FORM MUST BE COMPLETED AND SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
The Vendor, by virtue of the signature below,certifies that:
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135,
' Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in
Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List; and
b. The Vendor, owners, or principals, are eligible to participate in this solicitation and not
listed on either the Scrutinized Companies with Activities in Sudan List or on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;and
c. If awarded the Contract, the Vendor, owners, or principals will immediately notify the
COUNTY in writing if any of its principals are placed on the Scrutinized Companies with
Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List.
' (Authorized Signature)
Daniel Mancini,President
(Print Name and Title)
' Ric-Man Constmcdon Florida,Inc.
(Name of Firm)
STATE OF Fl.OR1DA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 22nd day of January ,2014,
' by Daniel Mancini
(Name of person who's signature is being notarized)
' as President of Rio-Men Construction Florida,Inc.
(Title) (Name of Corporation/Company)
known to me to be the person described herein,or who produced
' (Type of Identification)
as identification,and who-did/did not take an oath.
NOTARY PUB C:
(Slgnatur )
Esther Zoblin My commission expires: 9/29/2017
(Print name)
NWry Public$%a or FWida
' Molder zamnIssib
My GonMtbtsbn rf 042e07
5-1-2013 e.V EXP-n oenaaorr Page 60 of 87
Bid No. Y1200707C1
FORM 004546-6: TRENCH SAFETY ACT CERTIFICATION (if applicable)
THIS FORM MUST BE COMPLETED AND SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
' On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration(OSHA)revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
' The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
' all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify
the anticipated method and cost of compliance with the applicable trench safety standards.
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. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY, THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
' COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS, i.e., DESCRIPTION, UNIT, QUANTITY, UNIT PRICE, EXTENDED, AND
METHOD.
' The Bidder further identified the costs and methods summarized below:
Description Unit Quantity Unit Price Extended Method
Sheeting and Shoring LS 1 360,000.00 360,000.00 Per CFR 1926.E
' Total $360,000.00
' Ric-Man Construction Florida,Inc.
Name of Bidder
Authorized Signature of Bidder
5-1-2013 Page 61 of 87
Bid No.Y1200707C1
' FORM 004646-7: OWNER'CONTROLLED INSURANCE PROGRAM CERTIFICATION
(not applicable)
FORM 004646-8: EMPLOYMENT ELIGIBILITY VERIFICATION PROGRAM
CONTRACTOR CERTIFICATION
(not applicable)
' THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
1
1
1
6-1-2013 Page 62 of 87
Bid No.Y1200707C1
FORM 004546-6: RECYCLED CONTENT INFORMATION
' In support of the Florida Waste Management Law, Bidders are encouraged to supply with their
bid, any information available regarding recycled material content in the products bid. The
COUNTY is particularly interested in the type of recycled material used (such as paper, plastic,
glass, metal, etc.); and the percentage of recycled material contained in the product. The
' COUNTY also requests information regarding any known or potential material content in the
product that may be extracted and recycled after the product has served its intended purpose.
RECYCLED CONTENT INFORMATION:
e
' 1. IS THE MATERIAL IN THE ABOVE: VIRGIN X OR RECYCLED (CHECK
THE APPLICABLE BLANK). IF RECYCLED,WHAT PERCENTAGE
' PRODUCT DESCRIPTION:
1
2. IS YOUR PRODUCT PACKAGED ANDIOR SHIPPED IN MATERIAL CONTAINING
RECYCLED CONTENT? YES X NO
' SPECIFY: packages are shipped with recycled card bored boxes.
i3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END
USE?
YES X NO
SPECIFY. Ductile Iron can be scraped.
' THE ABOVE IS NOT APPLICABLE IF THERE IS ONLY A PERSONAL SERVICE INVOLVED
WITH NO PRODUCT INVOLVEMENT.
1
' 5-1-2013 Page 63 of 87
1 Western Surety Company
BID BOND
KNOW BY ALL MEN THAT THESE PRESENTS: That we RIC-MAN CONSTRUCTION FLORIDA INC
of 3100 SW 15th Street. Deerfield Beach, FL 33442, hereinafter referred to as Principal, and Western
Surety Comflany as Surety, are held and firmly bound unto Broward County Board Of Commissioners
of 115 South Andrews Ave . Fort Lauderdale, FL 33301. hereinafter referred to as Obligee, in the sum
' of FIVE AND 00/100 PERCENT Dollars (5.00%)for the payment of which we bind ourselves, our legal
representatives, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,Principal has submitted or is about to submit a proposal to Obligee on a contract for
Bid No. Y1200707C1
' UAZ 314, UAZ 316. UAZ 318 Water and Sewer Improvements
' NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall,within such
time as may be specified, enter into the contract in writing and give such bond or bonds as may be
specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail
to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding
the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect.
1 Signed and sealed this January 21, 2014.
' RIC-MAN CONSTRUCTION FLORIDA, INC
(Principal)
' by (Seal)
Western Surety Company
(Surety)
' by (Sea,)
Veronda D. Gordon,ATTORNEY-IN-FACT
- V\Iest n Surety Company
POWER OF ATTORNEY APPOINTING INDMDUAL ATTORNEY-IN-FACT
Know AU Men By Them P..b,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal of=in the City of Sioux Falls,and State of South Dakota and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Verenda D Gordon,Angelo G Zervos,Gus E Zervos,Donald W Burden,Indvidually
of Southfield,Ml,its true and lawful Attorncy{s}in-Fact with Hall power and authority hereby conferred to sign,seal and execute for and on its behalf bands,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind it thereby as filly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts ofsaid
Attorney,pursuant to due authority hereby given,are hereby ratified and confirmed.
' This Power of Attorney is made and executed pwsua it to and by authority of the By-Law printed on the reverse hereof,duly adapted,as indicated,by
the shareholders of the corporation.
L Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 19th day of December,2013.
t WESTERN SURETY COMPANY
aul T.Bmflat,Vice President
State of Sordh Dakota 1 ss
County of Mimehaba f
On Ibis 19th day of December,2013,before me personally came Paul T.Bruflat,to me known,who,being by meduly sworn,did depose and say; that
' he resides in the City of Sioux Falls,State of South Dakota;that be is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instnment;that be knows the seal of said corporation;that the seal affixed to the said instrument is such corprnate seal;that it was so
mixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and
acknowledges same to be die act and deed of said corporation.
My commission expires
' ' J.MOHR j
June 23,2015 Wit„DJ=AQd'4-mp *
I Mohr,Notary Public
CERTIFICATE
1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Powcr of Attorney hereinabove set forth is stiller
' force,and futtlrer certify that the By-Law of the corporation printed on the reverse hereof is still-in force. Ion testimony whereof 1 have hereunto subscribed
my mane ad afford chic seal of the said corporation this 21 s t day of January 2014 .
WESTERN SURETY COMPANY
Form F42904.2012 L.Nelson,Assistant Secretary
Solicitation No.Y1200707C1
1 Addendum No. 1
FORM 004546-9: SELF-CERTIFICATION: OWNER ETHNICITY/GENDER(OPTIONAL)
The information requested is voluntary and not a requirement to respond to a Broward County solicitation.
However, in the event that your company becomes the recommend vendor for award, this information will be
' required prior to award. Recommended vendor for award must submit within three business days of County's
request.
' In order for the County to ensure that all prospective vendors have an equal opportunity to participate in
County procurements, the following Information is requested regarding each prospective vendor. Please read
the following and determine which is applicable.
The following gender applies to the primary owner of firm:
❑ Female MR Male ❑ Equally--Owned (Female and Male)
' The following ethnicity applies to the primary owner of firm:
❑African Amedcan/Black/Afro-Caribbean ❑ Native American
❑Asian Pacific ❑Subcontinent Asian
IN Caucasian/White ❑ Other
❑ HispanictLatino
Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated
in it are true.
Daniel Mancini, President
Ric-Man Construction Florida, Inc.
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 25th day of March,2014 by Daniel Mancini as
President of Ric-Man Construction Florida_Inc_, known to to be the person described herein, and who did take
an oath.
NOTARY PUPLIG:r;
N"J Pw is Som d Rwiaa
EstherZoblin, Public M z�FFo6asar '
Comission Ending:9/28/2017 EwWftW2N2017
Addendum Form 3(rev 0812012)' Page 4 of 5 A Service of the Broward County Board of County Commies wws
ErcaNence in Government procumment—Our Best.Nothing Less.
Solicitation No. Y1200707C1
Addendum No. 1
FORM 004546.10: LOCAL BUSINESS OR LOCALLY-HEADQUARTERED BUSINESS CERTIFICATION
' This form is used to determine applicability of Local Preference,in accordance with Section 1-74, et.seq.,Code of
Ordinances.A local business or locally-headquartered business in Broward County or Miami-Dade County,meeting the
below requirements is eligible for Local Preference,in accordance with the Broward County Local Preference Ordinance
and Broward County's Intedocal Reciprocity Agreement with Miami-Dade County.
This form and a copy of the business's local business tax receipt(or if exempt,documentation establishing physical
' presence at location for one year prior to bid or proposal submission)should be submitted with bid in order to be
considered for the Local Preference. If not submitted with the bid,it must be submitted within three business days of
notification from the County.Failure to timely submit may be render the business ineligible for application of the Local
Preference.The County may request verification of any information required to confirm certification.
1 A Local Business is a business which:
A. possesses a valid local business tax receipt(or if exempt documentation establishing physical presence
1 at location)issued at least one year prior to bid or proposal submission;
B. has a physical business address located within the limits of the County from which the business operates
or performs business;
C. is in an area zoned for the conduct of the business;and
D. provides a substantial component of goods and/or services being offered from that location.
A Locally-Headquartered Business is a business which has its principal place of business within the County.A principle
place of business is defined as the nerve center of overall direction,control,and coordination of activities of the
' business. If a business only has one location,the location shall be considered the principle place of business.
Vendor shall check all that apply. Vendor hereby certifies it is a:
❑ Local Business K) Locally-Headquartered Business
Local or Locally-Headquartered Business Address: 3100 SW 15th Street,Deerfield Beach,FL 33442
' ❑Vendor is not a Local Business or Locally-Headquartered Business in Broward County or Miami Dade County,
STATE OF FLORIDA
' (Vendor Signature)
COUNTY OF BROWARD Daniel Mancini
(Print Vendor Name/Title)
' The foregoing instrument was acknowledged before me this 22nd day of January 2014 by
Daniel Mancini as President of
1 (Name of person who's signature is being notarized) (Title)
Ric-Mau Construction Floiida.Inc. Down to me to be the person described herein,or who produced
(Name of Corporation/Company)
1 as identification,and who o did/did not take an oath.
(Type of Identificatio )
NOTARY PUBLIC: My commission expires: 9/28/2017
' (Signature)
Y Wary Puft,6db a Flailtli
MY CWMO-i
Nr CannY.ion Ff 047e67
Addendum Form 3(rev 08f2012) 'iO°a17201 age 5 of 5
' A Service of the Broward County Board of County Commissioners
F.xceNence in Ob"rnment Proewsmwrt-Our Best.Nothing Less.
1
BROW BU39NE-- 'f-- -REC�(P - T
116 S.Andrews Ave.,Rm.A-10O.Ft.Lauderdale,FL 33301-1895—954-531-4000
VALID OCTOBER 1,2023 THROUGH SEPTEMBER 30,2014
DBA.RIC MN CONSTRUCTICN FLORMh INC Business R Ty O:
Business Name. �rnAL CONTRACICn la
p.:�cm)
I owner Name:DAN101 rweDIRS Business Opened:07/21/2DO9
Business LotaU0n:31n0 SP 15 ST S1at9iCountyrCwVReg:CGC1514595 1
DaSRPIMM BBhCH Exempdan Code:
I BDslnew Phone:
Nooms Sash Rmpigraas YMebirra ProNsalaule y
' 20 11
rwvanaaa ewrnas 0*
Numaa Ot lMseM'rw: YaMln T
Ta1Am4014 TWOWFN MW Fat F-sty PeW yw. owdoesm Owl Teaw Paid
' 61.OD 0.00 0.00 D.00 0.00 0.00 B].00
THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS
THIS BECOMES A TAX RECEIPT Thistax is levied for the pftmge of doing business within Bmward County and Is
I non-favialary in nalme.You m:sl meet am County and/or Mork4moly plan"
WHEN YACRIATED dw business Is bushum name We cha ch**emevft Tth Business Tax anged or you have Roved In
mod be tmmWW vOwn I
' btsLDeme lomd0n.This renipt does see Indkese that the business Is legal a IWI
Itis in aomplienre with State or Inral laws and rapulallons.
Mrlling Address •
DANIEL RANCINI Aseetpt fOSA-11-00019111
3100 SW 15 ST Paid 00/20/2011 61.00
1 DZURnELD BrACH. FL 33449
IS I
i
s qu5trseatTaxofQa6 .
! isq nI Ave.; Bt, reei8 ak Receipt
• 4parfiekT.li�eph,E439,�t41
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D8PI1R 'rll;`•BbS 9�A>110xYAOFHS9BOb1A 1..WgLAT SEOfIL190a2603379
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8RN L71IP8on
O:QVl�IOiO DISPLAY ASREOU IRE 0BYLAW SECRETARY ,
l
I
r
I
i
' Bid No.Y1200707C1
1 SECTIONS 005200 THROUGH 007300: CONTRACT SECTIONS OF
CONSTRUCTION CONTRACT DOCUMENTS
' The Contract Standard Terms and Conditions(005200), Contract Supplemental Conditions(as
applicable-005400),Contract General Conditions(007200),and Contract Supplemental
General Conditions(as applicable-007300)are issued as a separate document titled.UAZ 314,
UAZ 316 and UAZ 318 Water and Sewer Improvements..
i
1
1
1
1
I
1
1
1
5-1-2013 Page 64 of 87
1
Bid No.Y1200707C1
1 PROJECT FORM 007500-1: PERFORMANCE BOND
BY THIS BOND, We Ric-Man Construction Florida, Inc., as Principal, hereinafter called
CONTRACTOR, located at:
Business Address: 3100 SW 15th Street,Deerfield Beach, Florida 33442
Phone: (954)426-1221
and Westem Surety Company as Surety, under the assigned Bond
1 Number 929585582 , are bound to the Board of County Commissioners of
Broward County, Florida, as Obligee, hereinafter called COUNTY, in the amount of
Ten Million Five Hundred Fifty Three Thousand and Eighty Three Dollars ($ 10,563,083) for
the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns,jointly and severally.
1 WHEREAS, CONTRACTOR has b written agreement entered in
Y 9 to a Contract,
Bid/Contract No.: Y1200707C1, awarded the 131h day of March, 2014, with COUNTY
which Contract Documents are by reference incorporated herein and made a part hereof,
and specifically include provision for liquidated damages, and other damages identified,
and for the purposes of this Bond are hereafter referred to as the "Contract";
' INSTR At 112179135
OR BK 50643 Pages 40-46
RECORDED 03+25fr409:53:09 AM
DROWARD COUNTY COMMISSION
DEPUTY CLERK 3330
I THE CONDITi ON OF THIS BOND is that if CONTRACTOR: Nl,7 NOW
' 1) Performs the Contract between CONTRACTOR and COUNTY for construction of
UAZ314, UAZ316 and UAZ 318 Water and Sewer Improvements, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed in the
Contract;and
' 5-1-2013 Page 65 of 87
1
81d No. Y1200707C1
PROJECT FORM 407500-1: PERFORMANCE BOND (continued)
2) Pays COUNTY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that COUNTY sustains as a result of default by
CONTRACTOR under the Contract;and
3) Performs the guarantee of all work and materials famished under the Contract for the
time specified in the Contract;then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by COUNTY to be, in default under
the Contract, COUNTY having performed COUNTY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
a) Complete the Project in accordance with the terms and conditions of the Contract
Documents; or
b) Obtain a bid or bids for completing the Project In accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the
lowest responsible Bidder, or, if COUNTY elects, upon determination by
COUNTY and Surety jointly of the lowest responsible Bidder, arrange for a
contract between such Bidder and COUNTY, and make available as work
progresses (even though there should be a default or a succession of defaults
under the Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Contract
Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder,the amount set forth in the first paragraph hereof. The
term "balance of the Contract Price;' as used in this paragraph, shall mean the
total amount payable by COUNTY to CONTRACTOR under the Contract and any
amendments thereto, less the amount property paid by COUNTY to
CONTRACTOR.
' No right of action shalt accrue on this bond to or for the use of an e y person or corporation
other than COUNTY named herein.
The Surety hereby waives notice of and agrees that 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_
' Signed and sealed this 17th day of March,2014.
5.1-2013
Page 65 of.87
PROJECT FORM 007500-1: PERFORMANCE BOND
(continued) Bid No. Y1200747C1
Ric-Man Construction Florida, Inc.
;?i• � tA na Ma�cint, Secretary
! '�', •yIS''• • ••���,.'` y Daniel Mancini, President
C.DAP GATE SEAL)
I HE PRESE INSURANCE COMPANY:vlesterr-i5
By A e and Att
9 ey-in-Fact.' 6beJp c.•
Address: ReidSi-Ste. 300-' :,,,. ...
(Street)
! Sioux Falls, SD 57103
(City/State/Zip Code)
' RISk Monogement pivtsion Telephone No.: (877) 574-2896
Fronk Vasquez
Risk, nsuronce and fContr is
5.1-2013 Page 67 of 87
Bid No. Y1200707C 1
PROJECT FORM 007500-2: PAYMENT BOND
BY THIS BOND, We Ric-Man Construction Florida, Inc., as Principal, hereinafter called
CONTRACTOR, located at:
Business Address: 3100 SW 15th Street, Deerfield Beach, Florida 33442
Phone: (954)426-1221
and Western Surety Company as Surety, under the assigned Bond Number
1 929685582 , are bound to the Board of County Commissioners of Broward
' County, Florida, as Obligee, hereinafter called COUNTY, in the amount
of Ten Million Five Hundred Fifty Three Thousand and Eighty Three Dollars ($10,553,083)
' For the payment whereof CONTRACTOR and Surety bind themselves, their heirs,
executors, administrators, successors and assigns,jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered Into a Contract, Bid/Contract
No.: Y1200707C1, awarded the 13th day of March, 2014, with COUNTY which Contract
Documents are by reference incorporated herein and made a part hereof, and specifically
include provision for liquidated damages, and other damages identified, and for the purposes
' of this Bond are hereafter referred to as the"Contract'
' THE CONDITION OF THIS BOND is that if CONTRACTOR:
1) Pays COUNTY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that COUNTY sustains because of default by
CONTRACTOR under the Contract;and
2) Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all
labor, materials and supplies used directly or indirectly by CONTRACTOR in the
performance of the Contract;
5-1-2013
Page 68 of 87
' Bid No. Y1200707C1
PROJECT FORM 007500-2: PAYMENT BOND (continued)
THEN CONTRACTOR'S OBLIGATION SHALL_ BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
a) A claimant, except a laborer, who is not in privity with CONTRACTOR and who
has not received payment for its labor, materials, or supplies shall, within forty-
five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, serve notice to CONTRACTOR that it intends to look to
the bond for protection.
b) A claimant who is not in privity with CONTRACTOR and who has not received
payment for its labor, materials, or supplies shall no earlier than 45 days, but
within ninety (90) days after performance of the labor or after complete delivery
of the materials or supplies, serve notice to CONTRACTOR and to the Surety,of
the performance of the labor or delivery of the materials or supplies and of the
nonpayment.
c) No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the preceding
conditions a)and b) have been given.
d) Any action under this Bond must be instituted in accordance with the Notice and
' Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the Contract
Ior the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this 17t, day of March,2014.
1
' 5-1-2013 Page 69 of 87
I
. ...........
noizivi(31nSMS90,-IoM)22if1
S9up20V:lnDT�
1 atonitn00 hno gonow.nl A4
' I
Bid No.Y1200707C1
PROJECT FORM 007500-2: PAYMENT BOND (continued)
' •,�r:rrrrrrr
Ric-Man Construction Florida, Inc.
" firilr* Maacinr Secretary J
B
,. ;� Daniel Mancini, President
O�' RATE SEAL_
I THE PRES C OF: INSURANCE COMPANY:westem&.4",00mpisni*"-.'
t':Mcn•ww.•\.�•i.
By �f c ';
Agent and Atto -in-Fe p 6_o�� enrol
CIA
Address: 101 S. Reid St, Ste."368'=
(Street) _
Sioux Falls, SD 57103
' (City/State/Zip Code)
Risk Management Division Telephone No.: (877) 574-2896
Frank Vasquez
Risk Insurance and Co trac s
n
5-1-2013 Page 70 of 87
' Autho hdog By-Isw
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds,policies,undertaWngs,Powers of Atio ny,or other obligation of the corporation shall be executed in the
corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Via President,or by such other
' officers as the Board of Directors may suiborize. The President.any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attomeys in Fact or agents who shall have authority to issue bonds,policies,or undertaidop in the name of the Company.
The corporate seal is not necessary for the validity of any bonds.politic,undertakings,Powers of Attorney or other obtigations of the
corporation. The signature of any*such officer and the oorporate seal may be printed by facsimile.
1
V*stern SureLy Company
' POWER OF ATTORNEY"POINTING INDIVIDUAL ATTORNEY-IN-FACT
' Know All Men By That Presents,That WESTERN SURETY COMPANY.a South DshuU corporation,is a duly oquixed and existing corporation
having its principal office in the City of Siam Pails,and Stale or South Dukuts,and that li does by virtue of the signature:and seal handn alfined bereby
make.ronift-11 Pol-appoiat
' Veronds D Gordon,Angelo G Zervos,Gus E Zervos,Donald W Burden,Iudividu'ily
' of S@NV1eld,ML its huc end lawful Alt mgAs)4n4aee with fall power and authority hereby cortleaed to sign,see and execute forand on its behalf bonds.
undmakings and WWI obligatory iastrnareltb of similorsa btu
' -In Unlimited Amounts-
and to bind it thereby as Aft and to be same extent u if such itwuurneats wets signed by a duly anihoriaed offeer of the empmatim and all the nets of said
Anomey,pursuant to do authority hereby given,are hereby ratified and confirmed.
' This Power of Acomey is IF and eamated ptustsW to and by w0wily of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the ampondow
' In Witness Whereof,WESTERN SURELY COMPANY has carted these Presents to be signed by its Vice?mid=*and its corporate seal to be
hereto oftixed an ft I%day of Demnber,2013.
' WESTERN SURETY COMPANY
aai T.BmGK Via president
Sue of South Dakota ss
' County of Miendwo
On this 19th day of December,2013.before me penonelly carps Paul T.Bmflal,to ate known,who,being by mddy swore,did depose and say: shot
' he resides in the City of Siemer Falls.She of Soudt Dakota;that he is the Via President of WESTERN SURETY COMPANY described in and which
executed the above intstmi ent:that he knows the seal of said cogmation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corposation and dot he signed his asme thereto pursuam to like autbotity.and
' adowwledgts same to be be set and deed of said corporation.
My commission expires •
J.MOrll
Jane23,2019 FlIeuC
atourtt OMleoa►
J.Mohr.Notary Public
CERTIFICATE
1.L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby eertify that the Power of Attorney haminabovo see forth is still in
' form and peahen certify that the By-Law of*c ootponttion printed on tat:reverse hereof is still in fate. In testimony whereof t have bcm to staI 'bed
my mute and affixed dre seal of the acid ca oration ibis 17 th day of— March 2Q 14
WESTERN SURETY COMPANY
' L Nelson,Auislant SeCeeliry
Fenn F8210.7.2e112
Bid No.Y1.200707C 1
PROJECT FORM 007500-3: CERTIFICATE AS TO CORPORATE PRINCIPAL
1, certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond); that , who signed the Bond(s) on
' behalf of the Principal, was then of said corporation; that I know his/her
signature; and his/her signature thereto is genuine; and that said Sond(s) was (were) duly
signed,sealed and attested to on behalf of said corporation by authority of its governing body.
' (Seal)as Secretary of
' (Name of Corporation)
(SEAL)
STATE OF FLORIDA )
SS.
COUNTY OF BROWARD )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known,who being by me
' first duly sworn upon oath says that he/she has been authorized to execute the foregoing
Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of
CONTRACTOR named therein in favor of COUNTY.
Subscribed and Sworn to before me this day of ,20
My commission expires:
' Notary Public, State of Florida at Large
' Bonded by
! 5-1-2013 Page 71 of 87
Bid No. Y1200707C1
' PROJECT FORM 007500-4: FORM OF CERTIFICATE AND AFFIDAVIT FOR 13ONDS
$500,000.00 OR LESS
TO: BOARD OF COUNTY COMMISSIONERS OF BROVIIARD COUNTY
RE: BID NUMBER:
BIDDER:
' Name:
Address:
' City/State Zip
' Phone:
AMOUNT OF BOND:
' SURETY BOND COMPANY:
' Name:
Address:
City/State Zip
OPhone:
This is to certify that,in accordance with Chapter 85-104, Laws of Florida(HB 1266),the insurer
1 named above:
Holds a certificate of authority authorizing it to write surety bonds in the state of Florida.
' Has twice the minimum surplus and capital required by the Florida Insurance Code.
Holds a current valid certificate of authority issued by the United States Department of
' Treasury under Sections 9304 through 9308 of Title 31 of the United States Code.
' (Date Signed) Agent and Attorney-in-Fact
' 5-1-2013 Page 72 of 87
Bid No. Y1200707C1
PROJECT FORM 007500-4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS
$500,000.00 OR LESS(continued)
AFFIDAVIT
STATE OF FLORIDA )
)SS.
COUNTY OF }
The foregoing instrument was acknowledged before me this day of ,
1 20_ by Agent and Attomey-in-Fact of
who, is personally known to me or who has produced
' as identification and who did/did not take
an oath.
WITNESS my hand and official seal, this day of , 20_.
(SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(Title or rank)
(Serial number, if any)
IMy commission expires: �
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' 5-1-2013 Page 73 of 87
1
' Bid No. Y1200707C1
PROJECT FORM 007500-5: UNCONDITIONAL LETTER OF CREDIT
(PERFORMANCE AND PAYMENT GUARANTY) FORM
Date of Issue
Issuing Bank's No.
Beneficiary
Apolicant•
Broward County through Amount:
its Broward County in United States Funds
Board of County
Commissioners
County Administrator Expiry:
Governmental Center
115 South Andrews Avenue (Date)
Fort Lauderdale, FL 33301
Bid/Contract Number
' We hereby authorize you to draw on
(Bank, Issuer name)
' at by order
(branch address)
of and for the account of
(contractor,applicant,customer)
1 up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1) A signed statement from the County Administrator of Broward County,or the Administrator's
authorized representative, that the drawing is due to default in performance of certain
obligations on the part agreed upon by and
(Contractor,Applicant, Customer)
between Broward County and pursuant to
(Contractor, Applicant, Customer)
the Bid/Contract No. for
(Name of Project)
and Section 255.05,Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
' 5-1-2013 Page 74 of 87
Bid No. Y9200707C1
PROJECT FORM 007500-5: UNCONDITIONAL LETTER OF CREDIT (PERFORMANCE AND
PAYMENT GUARANTY) FORM (continued)
Drafts must bear the clause: "Drawn under Letter of Credit No. of
' (number) "
dated
(Bank name)
' This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the Broward County Administrator with written notice of our intent to terminate the credit
herein extended, which notice must be provided at least thirty (30) days prior to the expiration
date of the original term hereof or any renewed one (1) year term. Notification to Broward
County that this Letter of Credit will expire prior to performance of the contractor's obligations
will be deemed a default.
' This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall
not in any way be modified, or amplified by reference to any documents, instrument, or
agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit
' relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument,or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under
and in compliance with the terms of this credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion
of the Project by the
(contractor, applicant,customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,
International Chamber of Commerce (2007 revision), Publication No. 600 and to the provisions
of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits
and Florida law should arise, Florida law shall prevail. If a conflict between the law of another
state or country and Florida law should arise, Florida law shall prevail.
' Authorized Signature
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5-1-2013 Page 75 of 87
' Bid No.Y1200707CI
PROJECT FORM 007500-6: MONTHLY UTILIZATION REPORT
The form is available on the County's website at the following link:
htro://www.broward.ora/econdev/Sma liBusiness/Pages/comniiance.asox
PROJECT FORM 007500-7: FINAL UTILIZATION REPORT
The form is available on the County's website at the following link:
rhttoJ/www.bmward.oralecondev/SmallBusiness/Pooestoomuliance.asox
1
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5-1-2013 Page 76 of 87
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' Bid No.Y1200707C1
I
PROJECT FORM 007500-8: STATEMENT OF COMPLIANCE(PREVAILING WAGE
eRATE)
No.
Contract No.
1 Project Title UAZ 314, UAZ 316 and UAZ 318 Water and Sewer Improvements;
The undersigned CONTRACTOR hereby swears under penalty of perjury that,during the period
covered by the application for payment to which this statement is attached, all mechanics,
laborers, and apprentices, employed or working on the site of the Project, have been paid at
wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have
not been less than those required by Broward County Ordinance No. 83-72 and the applicable
' conditions of the Contract.
Dated ,20_
Contractor
By
' (Signature)
ey
(Name and Title)
STATE OF )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20_, by who is
personally known to me or who has produced as identification and
' who did/did not take an oath.
WITNESS my hand and official seal,this day of ,20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Print Name of officer taking acknowledgment)
(Title or rank)
My commission expires: (Serial number, if any)
5-1-2013 Page 77 of 87
Bid No.Y1200707C1
' PROJECT FORM 007500-9: CERTIFICATION OF PAYMENTS TO
SUBCONTRACTORS
' Contract No.
Project Tltle UAZ 314, UAZ 316 and UAZ 318 Water and Sewer Improvements
The undersigned CONTRACTOR hereby swears under penalty of perjury that:
1. CONTRACTOR has paid all subcontractors all undisputed contract obligations for labor,
services, or materials provided on this project within the time period set forth in Section
218.735,Florida Statutes.
' 2. The following subcontractors have not been paid because of disputed contractual
obligations; a copy of the notification sent to each, explaining the good cause why
payment has not been made,is attached to this form:
Subcontractor Date of disputed Amount in
name and address invoice dispute
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Dated ,20_
Contractor
By
(Signature)
BY
(Name and Title)
1
5-1-2013 Page 78 of 87
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Bid No.Y1200707C1
PROJECT FORM 007500-9: CERTIFICATION OF PAYMENTS TO
SUBCONTRACTORS (continued)
r
STATE OF }
SS.
COUNTY OF }
1
The foregoing instrument was acknowledged before me this day of
, 20_, by who is
personally known to me or who has produced as identification and
' who did/did not take an oath.
rWITNESS my hand and official seal,this day of ,20—.
j (NOTARY SEAL)
(Signature of person taking acknowledgment)
(Print Name of officer takingacknowledgment)
9 )
(Title or rank)
' My commission expires: (Serial number, if any)
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r5.1-2013 Page 79 of 87
' Bid No. Y1200707C1
' CLOSEOUT FORM 007600-1: CERTIFICATE OF SUBSTANTIAL COMPLETION
Contract No.
' Project(Name and Address):
To(COUNTY):
Consultant:
Contractor:
Notice to Proceed Date: _
' Consultant:
Date of Issuance:
' Project or Designated Portion Shall Include:
The Work performed under this Contract has been reviewed and found to be substantially
' complete and all documents required to be submitted by CONTRACTOR under the Contract
Documents have been received and accepted. The Date of Substantial Completion of the
Project or portion thereof designated above is recommended as:
DEFINITION-OF DATE OF SUBSTANTIAL COMPLLTION
iSubstantial Completion: That date, as certified in writing by CONSULTANT and as finally
determined by CONTRACT ADMINISTRATOR in its sole discretion, the Work, or a portion
thereof, is at a level of completion in substantial compliance with the Contract Documents such
that all conditions of permits and regulatory agencies have been satisfied and the Owner or its j
designee can enjoy use or occupancy and can use or operate it in all respects for its intended
purpose. A Certificate of Occupancy(or a Temporary Certificate of Occupancy (TCO) or other
alternate municipal/county authorization for limited or conditional occupancy acceptable to the
Contract Administrator)must be issued for Substantial Completion to be achieved, however, the
I issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
5-1-2013
Page 80 of 87
' Bid No. Y1200707C1
CLOSEOUT FORM 007600.1:CERTIFICATE OF SUBSTANTIAL COMPLETION(continued)
' A list of items to be completed or corrected, prepared by CONSULTANT and approved by
COUNTY is attached hereto. The failure to include any items on such list does not alter the
responsibility of CONTRACTOR to complete all work in accordance with the Contract
Documents,
CONSULTANT BY DATE
In accordance with Section 3.2 of the Contract, CONTRACTOR will complete or correct the
' work on the list of items attached hereto within from the above Date
of Substantial Completion.
CONTRACTOR BY DATE
COUNTY, through the Contract Administrator, has determined the Work or portion thereof
designated by COUNTY is substantially complete and will assume full possession thereof at
(time)on (date).
BROWARD COUNTY BOARD
OF COUNTY COMMISSIONERS By Contract Administrator DATE
' The responsibilities of COUNTY and CONTRACTOR for security, maintenance, heat, utilities,
damage to the work and insurance shall be as follows:
1
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5-1-2013 Page 81 of 87
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Bid No.Y1200707C1
CLOSEOUT FORM 007600-2: FINAL CERTIFICATE OF PAYMENT
Contract No.
Project(Name and Address):
To(COUNTY):
Consultant:
' Contractor
Notice to Proceed Date:
Consultant:
Date of Issuance:
All conditions or requirements of any permits or regulatory agencies have been satisfied. The
documents required by Section 3.2 of the Contract, and the final bill of materials, If required,
have been received and accepted. The Work required by the Contract Documents has been
' reviewed and the undersigned certifies that the Work, including minor corrective work, has been
completed in accordance with the provision of the Contract Documents and is accepted under
the terms and conditions thereof.
CONSULTANT BY DATE
' COUNTY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
' (time)
(date)
' BROWARD COUNTY BOARD
OF COUNTY COMMISSIONERS By Contract Administrator DATE
5-1-2013 Page 82 of 87
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' Bid No. Y1200707C1
CLOSEOUT FORM 007600-3: FORM OF FINAL RECEIPT
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of 20 , from Broward
County, the sum of Dollars($ )as full and
final payment to CONTRACTOR for all work and materials for the Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
' CONTRACTOR hereby indemnifies and releases Broward County from all liens and
claims whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials
or supplies for the Project have been paid in full. In lieu of this certification regarding payment
for work, materials and supplies, CONTRACTOR may submit a consent of surety to final
' payment in a form satisfactory to COUNTY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes
(Sales and Use Tax Act), as amended, have been paid and discharged.
[if incorporated sign below.]
' CONTRACTOR
ATTEST:
Name
Secretary
By
Title
(CORPORATE SEAL)
Date:
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name)
1 By
Date:
5-1-2U13 Page 83 of 87
' Bid No. Y1200707C1
' CLOSEOUT FORM 007600-4: FINAL LIST OF NON-CERTIFIED
SUBCONTRACTORS AND SUPPLIERS
' To: CONTRACTOR Name
From: Broward County Purchasing Division
' Subject: Final List of Non-certifled Subcontractors/Sub-vendors
Re: UAZ 314, UAZ 316 and UAZ 318 Water and Sewer Improvements(9115/9068/9069)
For tracking purposes, the attached list of non-certlfed subcontractors/sub-vendors have
performed or provided services to the COUNTY for the referenced contract. Non-certified
' subcontractors/sub-vendors are any subcontractors/sub-vendors whose services under the
contract were not approved to meet the COUNTY's participation goal establshed for this
contract and whose participation was not listed on the prime vendor's "Schedule of
Participation" and/or not aproved as substitutes or additions by the Broward County Office of
' Economic Small Business Development Division toward meeting the established goal.
The Prime Vendor certifies the following:
1 ❑ There were no other non-cerdfled subcontractors/sub-vendors who provided a service to
the COUNTY for the referenced contract. All participants on the contract are listed on the
attached list_
❑ There were other non-certified subcontractors/sub-vendors who provided a service and
are not listed on the attached list. The additional subcontractors/sub-vendors are listed on
' the form attached.
THE UNDERSIGNED VENDOR HEREBY CERTIFIES THAT THE INFORMATION PROVIDED
' HEREIN IS TRUE AND CORRECT.
The foregoing instrument was acknowledged before me this day of 2 ,
By (Print Name)as (Title)
Of (Prime Vendor), known to me to be the
' person described herein, or who produced as identification,
and who did/did not take an oath.
Notary Public:
' (Signature)
(Print Name)
tCommission No: Expires:_I /_
(Seal)
State of at Large
' 5-1-2013
Page 84 of 87
' Bid No.Y1200707C1
SECTION 009500: DRAWINGS INDEX
:SHEET DRAWING DESCRIPTION
1 -- COVER SHEET
2 --- LEGEND, NOTES&INDEX SHEET
UAZ 314
3-16 EC KEY— 13 UAZ 314 EXISTING CONDITIONS
' 17-30A WS KEY—14 UAZ 314 WATER&SEWER
31-35 SS 1-5 UAZ 314 SANITARY SEWER PROFILES
36-40A RES KEY—5 UAZ 314 RESTORATION
UAZ 316
41-79 EC KEY—38 UAZ 316 EXISTING CONDITIONS
80-118 WS KEY—38 UAZ 316 WATER&SEWER
' 119-125 SS 1-7 UAZ 316 SANITARY SEWER PROFILES
126-140 RES KEY—14 UAZ 316 RESTORATION
UAZ 318
141-164 EC KEY—23 UAZ 318 EXISTING CONDITIONS
165-188 WS KEY—23 UAZ 318 WATER&SEWER
189-190 SS 1-2 UAZ 318 SANITARY SEWER PROFILES
1 191-198 RES KEY—7 UAZ 318 RESTORATION
' 199-205A D 1-7A PROJECT DETAILS
' 5-1-2013 Page 85 of 87
Bid No.Y11200707C1
SECTION 010000: GENERAL REQUIREMENT&ITECHNICAL SPECIFICATIONS
SECTION TECHNICAL SPECIFICATIONS (Volume 11) PAGES
DIVISION I -GENERAL REQUIREMENTS
01005 Technical Provisions. .................................. .................................0100&1 -01006-7
010 10 Summary of Work..... .................................. ....
.............01010-1 -01010-13
01012 N.I.C.Items .............. ........ ...................... .... ........ ....... ...............01012-1
01025 Measurement and Payment......................... .......01025-1 -01025-20
01031 Alteration Project Procedures........... ....... . .I............. ..............01031-1 -01031-3
01045 Cutting and Patching. .............................. ......li-........................01045-1 -01045-3
01050 Field Engineering.............. ............................. ................01050-1 -01050-2
01060 Regulatory Requirements&Permits...........................................01060-1 -01050-2
01070 Abbreviations of Institutions.........................................................01070-1 -01070-3
01090 Reference Standards .............................. .... ............................01090-1 -01090-2
01152 Applications for Payment......................... .... .
01200 Project Meetings....... .............................. .... . . ..............01200-1 -01200-4
01311 Schedules and Reports...... ..................... ....... ..............01311-1 -01311-12
01340 Shop Drawings,Product Data and Samples ............01340-1 -01340-5
01360 Construction Photographs.. ...................... ....... .......4............01380-1 -01380-2
01400 Quality Control.......... ........ ...................... ....
.................... . ......................01400-1 -01400-2
01410 Testing Laboratory Services..................... ....... .......... .............01410-1 -01410-3
01505 Mobilization .............. ........ .... ....... '"...........01505-1
01510 Temporary Utilities.... ..... ............01510-1 -01510-3
01520 Construction Aids........... .................01520-1 -01520-2
01530 Protection of Existing Facilities................. .... ........ .. ................01530-1 -01530-5
01550 Site Access and Storage......................w.......... ............1-011550-11 -01550-3
016W TornporaryContmis.. ..-.--,. ,'.,,,-,-..........
,.......... ..0,..........................01560-1 -01560-3
01570 Traffic Regulations.... ......... ........'01670-1 -01570-2
01580 Project Identification and Signs..........:......._. :_ ...........01 5W-1 -01580-3
01590 Field Office and Sheds....... .... ..................01590-1 -01590-4
01600 Material and Equipment..... .... ..................01600-1 -01600-6
01660 Equipment Testing Startup.
......:........:..:......... ..............01660-1
01700 Contract Closeout..... ........ ................................ ...................017DO-1 -01700-3
01710 Cleaning..... .............. ................ ....................0171 0-1 -()1710-2
01720 Project Record Documents ........ .. .......... ..........................-...01720-1 -01720-4
01740 Guarantees and Bonds...... .. ....4.............. ...............................01740-1 -01740-2
DIVISION 2-SITEWORK
02010 Sub-Surface Investigation..................................... .....................02010-1
02050 Demolition.................................... .............;.. .......11. .... -02050-6
02110 Clearing. .................. ....... .......A7...ql—�............. . .....
. ,---02110-1 -02110-2
02140 Dewatering. .............. .................................. ................ ............ 02140-1 -0214()-4
02200 Earthwork................. ........•t.................... ..»02200-11 -02200-18
02210 She Grading.
.......... ....*"**........... ...... ............ 02210-1 -02210-3
02212 Milling of Existing Asphalt........... .............. 02212-1 -02212-3
5-1.2013 page as of 87
' Bid No.Y1200707C1
' SECTION TECHNI CAL.SPECIFICATIONS(Volume II) PAGES
02221 Excavation and Backfilling for Utilities.... ... ................................ 02221.1 -02221-3
02444 Chain Link Fence and Gate.................... ... .................. ............02444-1 -02444-6
02510 Concrete Sidewalk................................. ... .................................02510-1 -02510-2
02513 Asphaltic Concrete Paving-General........ .... ......... ....................-02513-1 -02513-15
02515 Portland Cement Concrete Paving ......... ... ...................................02515-1 -02515-7
02577 Pavement Marking,and Car Stops......... ... ...................................02577-1 -02577-2
02001 Subterranean Structures......................... ... ...................................02601-1 -02601-4
02610 Piping, General......................................... ..................................02610-1 -02610-8
02641 Valves, General........................................ ...................................02641-1 -02641-11
02713 Water Distribution System......................... .................._,...............02713-1—02713-7
02722 Sanitary Sewerage System........................ ...................................02722-1 -027224
' 02723 Sewer Line Cleaning And Internal Television Inspection.................02723-1 -02723-8
02780 Pavers........ .............. ................................ ...................................02780-1—02780-5
02810 Underground Irrigation............................ ... ...................................02810-1 -02810-15
' 02900 Landscape Work....... ................................ ...................................02900-1 -02900-9
02910 Sodding...... .............. ............................. ... .................. ...,.............02910-1 -02910-7
DIVISION 3-CONCRETE
' 03010 Concrete.... ........................................... .....................................03010-1 -03010-5
03100 Concrete Form work. .................,.............. .................. .03100-1 -03100-4
03200 Concrete Reinforcement............................ ...................................03200-1 -03200-2
03300 Cast-In-Place Concrete........::.:. ...............:.:......:........................03300-i 03300-10
03370 Concrete Curing........ ........::..:..............:_.._. ....:...
.............,:.:,..........03370-1 -03370-2
' DIVISION 4-MASONRY
04100 Mortar......... ... .. .... ..... .. . .........04100-1 -04100-2
04110 Cement Stucco............. . ..,.................... ....... . ............ , ........04110-1 -04110-3
04200 Unit Masonry System............. .,..... . .. ._ ...............04200-1 -04200.6
APPENDIX
' EXHIBIT A Project and Community Coordination Division Requirements EXHIBIT A-1 -
EXHIBIT A-14(NOTICES 1-9)
EXHIBIT B Procedure for Water Tie-Ins of New Water Service ................EXHIBIT B-1
EXHIBIT C Geotechnical Boring Logs............... .....EXHIBIT C-1 —... .................. ............
EXHIBIT C-16
EXHIBIT D Approved Permits 1 Conditions........ ... ....................................EXHIBIT D-1 -D-65
5-1-2013 Page 87 of 87
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' CONTRACT SECTIONS 005200 through 007300 OF THE
CONSTRUCTION CONTRACT DOCUMENTS
iFOR THE FOLLOWING PROJECT(S):
UAZ 314, 316 & 318
' BID/CONTRACT NO.: Y1200707C1
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Deviations to CAF#170
For UAZ 314, UAZ 316 and UAZ 318 Water and Sewer Improvements
1
005400 CONTRACT SUPPLEMENT
07300 SUPPLEMENTAL GENERAL CONDITIONS
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UAZ(314-316-318)Water&sewerlmprovements_CAF#170 Deviations
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Deviation to CAF#170
(UAZ 314,316, 318 W&S Improvements) 1 12/9/13
' Contract No. Y1200707C1
' Table of Contents
SECTION 005200: CONTRACT STANDARD TERMS AND CONDITIONS............................... 4
' Article 1: Definitions .............................................................................................................. 4
Article2: Scope of Work........................................................................................................6
Article3: Contract Time.........................................................................................................6
Article4: Contract Sum .........................................................................................................7
' Article 5: Progress Payments.....:.......................................................................................... 8
Article 6: Acceptance and Final Payment.............................................................................10
Article 7: Miscellaneous........................................................................................................10
tSECTION 005400: CONTRACT SUPPLEMENTAL CONDITIONS...........................................16
SECTION 007200: CONTRACT GENERAL CONDITIONS.......................................................17
' Article 1: Contract Documents:.............................................................................................17
Article 2: Intention of COUNTY:.............................................................................................17
Article 3: Preliminary Matters:........................... 17
Article 4: Performance Bond and Payment Bond:.................................................................19
Article 5: Qualification of Surety: ........................................................................................ 19
' Article 6: Indemnification: .....................................................................................................21
Article 7: Insurance Requirements .......................................................... .......................21
' Article 8: Labor and Materials,.................... ...................................................................22
Article 9: Royalties and Patents............................................................................................22
' Article 10: Weather...............................................................................................................22
Article 11: Permits, Licenses and Impact Fees.....................................................................22
Article 12: Resolution of Disputes.........................................................................................22
Article 13: Inspection of Work.......................................... ....................................................23
Article 14: Superintendence and Supervision.......................................................................24
Article 15: COUNTY's Right to Terminate Contract..............................................................25
Article 16: Suspension of Work ............................................................................................27
Article 17: Assignment..........................................................................................................
27
Article 18: Rights of Various Interests...................................................................................27
' Article 19: Explosives...........................................................................................................27
Article 20: Differing Site Conditions.......................................................................................27
Article 21: Plans and Working Drawings................................................................................28
' Article 22: CONTRACTOR to Check Plans, Specifications, and Data..................................28
Article 23: CONTRACTOR's Responsibility for Damages and Accidents..............................28
1 Article 24: Warranty..............................................................................................................29
Article 25: Supplementary Drawings......................................................................................29
Article26: Defective Work.....................................................................................................29
CAF#170 1-1-12 Page 2 of 52
1
' Contract No. Y1200707C1
Article27: Taxes..................................................................................................................30
Article28: Subcontracts........................................................................................................30
Article 29: Separate Contracts............................................................................................. 30
Article 30: Use of Completed Portions...................................................................................31
Article31: Lands for Work.....................................................................................................32
Article 32: Legal Restrictions and Traffic Provisions..............................................................32
' Article 33: Location and Damage to Existing Facilities, Equipment, or Utilities......................32
Article 34. Value Engineering................................................................................................33
Article 35: Continuing the Work............................................................................................33
Article 36: Changes in the Work or Terms of Contract Documents........................................33
Article 37: Field Orders and Supplemental Instructions.........................................................34
Article38: Change Orders.. ...............................................................................................34
Article 39:Value of Change Order Work........................ ...35
' Article 40: Notification and Claim for Change of Contract Time or Contract Price.................38
Article 41: No Damages for Delay.................................. ......................................................39
' Article 42; Excusable Delay; Compensable; Non-Compensable............................................39
Article 43: Substantial Completion.........................................................................................40
Article44: No Interest........................... ................................................................................41
' Article 45: Shop Drawings.....................................................................................................41
Article 46: Field Layout of the Work and Record Drawings....................................................42
' Article 47: Safety and Protection...........................................................................................43
Article 48: Final Bill of Materials ............................................................................................43
' Article 49: Payment by COUNTY for Tests............................................................................44
Article50: Project Sign................................................................ .........................................44
Article 51: Hurricane Precautions..........................................................................................44
Article 52: Cleaning Up; COUNTY's Right to Clean Up.........................................................44
Article 53: Removal of Equipment.........................................................................................44
Article 54: EEO and OESBD Compliance..............................................................................45
Article55. Project Records....................................................................................................49
Article 56: Domestic Partnership Requirement......................................................................49
SECTION 07300: CONTRACT SUPPLEMENTAL GENERAL CONDITIONS ...........................50
SECTION 007343: CONTRACT SUPPLEMENTAL WAGE REQUIREMENTS.........................51
SECTION 007363: CONTRACT SUPPLEMENTAL SECURITY REQUIREMENTS..................52
GAF#170 1-1-12 Page 3 of 52
Contract No.Y1200707C1
' SECTION 005200: CONTRACT STANDARD TERMS AND CONDITIONS
' THIS IS A CONTRACT, by and between Broward County, a political subdivision of the
State of Florida, hereinafter referred to as COUNTY, and
RIC-MAN CONSTRUCTION FLORIDA, INC. hereinafter referred to as
CONTRACTOR, for UAZ 314, UAZ 316 AND 11AZ 318 WATER AND SEWER in the total
' amount of 9 14,E 087_83 W I T N E S S E T H, that CONTRACTOR and
COUNTY,for the considerations hereinafter named, agree as follows:
Article 1: Definitions
' For purposes of this Contract, reference to one gender shall include the other, use of the plural
shall include the singular, and use of the singular shall include the plural. The following
definitions and identifications set forth below apply unless the context in which the word or
phrase is used requires a different definition.Whenever the following terms or pronouns in place
' of them appear in the Contract Documents, the intent and meaning shall be interpreted as
follows:
1.1. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting
directly or through a duly authorized representative.
1.2. Board: The Board of County Commissioners of Broward County, Florida, its successors '
' and assigns.
1.3. Change Order. A written document ordering a change in the Contract Price or Contract
' Time or a material change in the Work.
14. CONSULTANT: Architect or Engineer who has contracted with COUNTY or who is an
employee of COUNTY,to provide professional services for this Project.
I.S. Contract: The part or section of the Contract Documents addressing some of the rights
' and duties of the parties hereto, including but not limited to contract time and liquidated
damages.
1.6. CONTRACT ADMINISTRATOR: The ranking managerial employee of the agency of
' COUNTY government which requested the Project, or some other employee expressly
designated as CONTRACT ADMINISTRATOR in writing by said ranking managerial
employee.
' 1.7. Contract Documents: The official documents setting forth bidding information,
requirements, and contractual obligations for the Project and includes the Contract,
' Scope of Work, General Conditions, Invitation to Bid, Addenda, Instruction to Bidders,
Supplemental Instructions, Plans, Drawings, Exhibits, General Requirements,Technical
Specification, Supplementary Conditions, Bid Forms, Bid Tender Form, Record of
' Award by Board, Bonds, Notice of Award, Notices(s) to Proceed, Supplements,
Representations and Certifications, Certificates, Project Forms, Closeout Forms,
Purchase Order(s), Change Order(s), Field Order(s), and any additional documents the
submission of which is required by this Project.
CAF*170 1-1-12 Page 4 of 52
Contract No. Y1200707C1
' 1.8. Contract Price: The original amount established in the bid submittal and award by the
Board, as may be amended by Change Order.
' 1.9. Contract Time; The original time between commencement and completion, including any
milestone dates thereof, established in Article 3 of the Contract, as may be amended by
Change Order.
1.10. CONTRACTOR: The person, firm, or corporation with whom Broward County has
' contracted and who is responsible for the acceptable performance of the Work and for
the payment of all legal debts pertaining to the Work. All references in the Contract
Documents to third parties under contract or control of CONTRACTOR shall be deemed
to be a reference to CONTRACTOR.
1.11. COUNTY or Owner: Broward County, Florida, the public body, agency or instrumentality
which is a party hereto and for which this Contract is to be performed. In all respects
' hereunder, COUNTY's performance is pursuant to COUNTY's position as the owner of a
construction project. In the event COUNTY exercises its regulatory authority as a
governmental body, the exercise of such regulatory authority and the enforcement of any
' rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to
COUNTY's regulatory authority as a governmental body and shall not be attributable in
any manner to COUNTY as a party to this Contract.
' 1.12. Field Order: A written order which orders minor changes in the Work but which does not
involve a change in the Contract Price or Contract Time.
1.13, Final Completion: The date certified by CONSULTANT in the Final Certificate of
Payment upon which all conditions and requirements of any permits and regulatory
agencies have been satisfied; any documents required by the Contract Documents have
been received by CONSULTANT; any other documents required to be provided by
CONTRACTOR have been received by CONSULTANT; and to the best of
CONSULTANT's knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the Contract Documents.
1.14. Materials: Materials incorporated in this Project, or used or consumed in the
1 performance of the Work_
1.15. Notice(s) to Proceed: Written notice to CONTRACTOR authorizing the commencement
of the activities identified in the notice or as described in the Contract Documents.
1.16. Plans and/or Drawings: The official graphic representations of this Project which are a
part of the Contract Documents.
1.17. Project: The construction project described in the Contract Documents, including the
Work described therein.
' 1.18. Project Initiation Date: The date upon which the Contract Time commences.
1.19. Subcontractor: A person, firm or corporation having a direct contract with
CONTRACTOR including one who furnishes material worked to a special design
according to the Contract Documents, but does not include one who merely furnishes
Materials not so worked.
CAF 4170 1-1-12 Page 5 of 52
Contract No. Y1200707C1
1.20. Substantial Completion: That date, as certified in writing by CONSULTANT and as
finally determined by CONTRACT ADMINISTRATOR in its sole discretion, the Work, or
a portion thereof, is at a level of completion in substantial compliance with the Contract
Documents such that all conditions of permits and regulatory agencies have been
satisfied and the COUNTY or its designee can enjoy use or occupancy and can use or
operate it in all respects for its intended purpose. A Certificate of Occupancy (or a
Temporary Certificate of Occupancy (TCO) or other alternate municipal/county
authorization for limited or conditional occupancy acceptable to the CONTRACT
ADMINISTRATOR) must be issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date thereof are not to be
' determinative of the achievement or date of Substantial Completion.
1.21. Surety: The surety company or individual which is bound by the performance bond and
payment bond with and for CONTRACTOR who is primarily liable, and which surety
company or individual is responsible for CONTRACTOR's satisfactory performance of
the work under the Contract and for the payment of all debts pertaining thereto in
accordance with Section 255,05, Florida Statutes.
1.22. Work: The construction and services required by the Contract Documents, whether
completed or partially completed, and includes all other labor, materials, equipment and
services provided or to be provided by CONTRACTOR to fulfill CONTRACTOR's
obligations. The Work may constitute the whole or a part of the Project.
Article 2: Scope of Work
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment, services, and
1 incidentals necessary to perform all of the Work described in the Contract Documents and
related thereto for the Project.
Article 3: Contract Time
3.1. CONTRACTOR shall be instructed to commence the Work by written instruction in the
form of a Purchase Order issued by the COUNTY's Director of Purchasing and two or
more Notices to Proceed issued by the CONTRACT ADMINISTRATOR. The first Notice
to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to
COUNTY of all required documents and after execution of the Contract by both parties.
Preliminary work, including submission of a project schedule, schedule of values,
submittals, submittal schedule, and other documents required for permitting, and
' performance of work that does not require permits, shall be commenced within ten (10)
calendar days after the date of the first Notice to Proceed. CONTRACTOR shall have
ten (10) days after receipt of signed and sealed contract drawings from CONSULTANT
to apply for construction permits to the applicable permitting authority. Issuance of all
permits by the permitting authority shall be a condition precedent to the issuance of a
second Notice to Proceed for all other Work. Except for the reimbursement of permit
application fees as may be provided in the Contract Documents, CONTRACTOR shall
not be entitled to compensation of any kind during the permitting process. The Work to
be performed pursuant to the second Notice to Proceed shall be commenced within ten
(10) calendar days of the Project Initiation Date specified in the second Notice to
CAF#170 1-1-12 Page 6 of 52
Contract No.Y1200707C1
Proceed.
3.2. Time is of the essence throughout this Contract. The Work shall be substantially
completed within 365 calendar days from the Project Initiation Date specified in the
Second Notice to Proceed, and completed and ready for final payment in accordance
with Article 6 of the Contract within 60 calendar days from the date of Substantial
Completion.
3.3. Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall pay to
COUNTY the sum of One Thousand Two Hundred and Fifty Dollars ($1,250.00)for each
' calendar day after the time specified in Section 3.2 above, plus any approved time
extensions, for Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete the remaining Work within the time specified in Section
3.2 above, plus approved time extensions thereof, for completion and readiness for final
' payment, CONTRACTOR shall pay to COUNTY the sum of Six Hundred and Twenty
Five Dollars ($625.00) for each calendar day after the time specified in Section 3.2
above, plus any approved extensions, for completion and readiness for final payment.
These amounts are not penalties but are liquidated damages to COUNTY for its inability
to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed
and agreed upon between the parties, recognizing the impossibility of precisely
ascertaining the amount of damages that will be sustained by COUNTY as a
consequence of such delay, and both parties desiring to obviate any question of dispute
concerning the amount of said damages and the cost and effect of the failure of
' CONTRACTOR to complete the Contract on time.
3.4. The above-stated liquidated damages shall apply separately to each portion of the
Project for which a time for completion is given.
' 3.5. COUNTY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as COUNTY may,
' in its sole discretion, deem just and reasonable.
3.6. CONTRACTOR shall be responsible for reimbursing COUNTY, in addition to liquidated
damages, for all costs incurred by CONSULTANT in administering the construction of
the Project beyond the completion date specified above, plus approved time extensions.
CONSULTANT construction administration costs shall be pursuant to the contract
1 between COUNTY and CONSULTANT, a copy of which is available upon request of the
CONTRACT ADMINISTRATOR. All such costs shall be deducted from the monies due
CONTRACTOR for performance of Work under this Contract by means of unilateral
I credit change orders issued by COUNTY as costs are incurred by CONSULTANT and
agreed to by COUNTY.
' Article 4: Contract Sum
® This is a Unit Price Contract:"
r4.1. COUNTY shall pay to CONTRACTOR the amounts determined for the total number of
each of the units of work completed at the unit price stated in the schedule of prices bid.
The number of units contained in this schedule is an estimate only, and final payment
CAF#170 1-1-12 Page 7 of 52
Contract No. Y1200707 C1
' shall be made for the actual number of units incorporated in or made necessary by the
Work covered by the Contract Documents.
4.2. Payment shall be made at the unit prices applicable to each integral part of the Work.
These prices shall be full compensation for all costs, including overhead and profit,
' associated with completion of all the Work in full conformity with the requirements as
stated or shown, or both, in the Contract Documents. The cost of any item of Work not
covered by a definite Contract unit price shall be included in the Contract unit price or
lump sum price to which the item is most applicable.
® This is a Lump Sum Contract
4.3. COUNTY shall pay to CONTRACTOR for the performance of the Work described in the
Contract Documents, the total price stated as awarded.
4.4. Payment shall be at the lump sum price stated in the Contract. This price shall be full
compensation for all costs, including overhead and profit, associated with completion of
all the Work in full conformity with the requirements as stated or shown, or both, in the
Contract Documents. The cost of any item of Work not covered by a definite Contract
lump sum should be included in the lump sum price to which the item is most applicable.
"Note: Some Projects include both unit prices and lump sums in which case both sections shall
apply as appropriate depending upon the type of Work being performed by
CONTRACTOR and approved by COUNTY.
' Article 5: Progress Payments
5.1. CONTRACTOR may make Application for Payment for Work completed during the
Project at intervals of not more than once a month. CONTRACTOR shall, where the
Project involves CBE subcontractors, make Application for Payment for Work completed
' by such subcontractors during the Project at monthly intervals. CONTRACTOR's
application shall show a complete breakdown of the Project components, the quantities
completed and the amount due, together with such supporting evidence as may be
' required by CONSULTANT or CONTRACT ADMINISTRATOR. CONTRACTOR shall
submit with each Application for Payment, an updated progress schedule acceptable to
CONSULTANT as required by the Contract Documents, a Certification of Payments to
Subcontractors (Form 007500-9), and a release of liens relative to the Work which was
the subject of previous applications or consent of surety relative to the Work which is the
subject of the Application. The Certification of Payments to Subcontractors Form shall
be accompanied by a copy of the notification sent to each subcontractor(listed in Item 2
' of the Form), explaining the good cause why payment has not been made. When
applicable, an Application for Payment shall be accompanied by a completed Statement
of Wage Compliance (Form 007500-8). Each Application for Payment shall be submitted
' in triplicate to CONSULTANT for approval as follows:
Safiya T. Brea, P.E.—Chen Moore and Associates
500 Cypress Creek Road, Suite 630, Fort Lauderdale FL 33309
All such applications for payment (hereinafter "Invoices") shall be stamped as received
on the date on which it is delivered above. Payments of Invoices shall be subject to
tCAF#110 1-1-12 Page 8 of 52
Contract No. Y1200707C1
approval as specified hereinbefore and if approved, shall be due 25 business days after
the date on which the Invoice is stamped received. At the end of the 25 business days,
' the CONTRACTOR may send the CONTRACT ADMINISTRATOR an overdue notice. If
the Invoice is not rejected within 4 business days after delivery of the overdue notice, the
Invoice shall be deemed accepted, except for any portion of the Invoice that is fraudulent
or misleading. If the Invoice does not meet the Contract requirements, the COUNTY
shall reject the invoice within 20 business days after the date stamped received and said
rejection shall specify the deficiency and the action necessary to make the Invoice
' proper. If the CONTRACTOR submits a request that corrects the deficiency, the
corrected Invoice must be paid or rejected within ten business days after the corrected
Invoice is stamped as received. If the dispute between COUNTY and the
CONTRACTOR cannot be resolved as set forth above, and the dispute directly relates to
the promptness of payment, the dispute shall be resolved in accordance the Prompt
Payment Ordinance (Section 1-51.6 of the Broward County Code of Ordinances, as
amended). For all other disputes related to payment, the dispute shall be resolved
' pursuant to the dispute resolution procedure set forth in Article 12 of the General
Conditions.
I 5.2. Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
COUNTY until Final Completion and acceptance by COUNTY in accordance with Article
5 hereof, except that after fifty percent (50%) of the Work has been completed, the
CONTRACT ADMINISTRATOR shall reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter, and after ninety percent
(90%) of the Work has been completed, the CONTRACT ADMINISTRATOR may reduce
' the retainage to two and one-half percent (2-1l2%) of all monies previously earned and
all monies earned thereafter. Any reduction in retainage below five percent (5%) shall
be at the sole discretion of the CONTRACT ADMINISTRATOR, shall be recommended
' by CONSULTANT, and CONTRACTOR shall have no entitlement to a reduction. Any
interest earned on retainage shall accrue to the benefit of COUNTY.
5.3. COUNTY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
5.3.1. Defective work not remedied.
5.3.2. Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR or COUNTY because of CONTRACTOR's
performance.
5.3.3. Failure of CONTRACTOR to make payments properly to Subcontractors or for
material or labor.
5.3.4. Damage to another contractor not remedied.
' 5.3.5. Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
5.3.6. Failure of CONTRACTOR to provide any and all documents required by the
Contract Documents.
r
CAF#170 1-1-12 Page 9 of 52
Contract No.Y1200707C1
' When the above grounds are removed or resolved satisfactory to the CONTRACT
ADMINISTRATOR, payment shall be made in whole or in part.
Article 6: Acceptance and Final Payment
' 6.1. Upon receipt of written notice from CONTRACTOR that the Work is ready for final
inspection and acceptance, CONSULTANT shall, within ten (10)calendar days, make an
inspection thereof. If CONSULTANT and CONTRACT ADMINISTRATOR find the Work
acceptable, the requisite documents have been submitted and the requirements of the
Contract Documents fully satisfied, and all conditions of the permits and regulatory
agencies have been met, a Final Certificate of Payment(Form 007600-2)shall be issued
by CONSULTANT, over its signature, stating that the requirements of the Contract
Documents have been performed and the Work is ready for acceptance under the terms
and conditions thereof.
' 6.2. Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to
CONSULTANT a complete release of all liens arising out of this Contract, or receipts in
' full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been
paid in full and that all other indebtedness connected with the Work has been paid, or a
consent of the surety to final payment; the final corrected as-built drawings; and the final
bill of materials, if required, and invoice. Final Payment package is to include the
certification document titled "Final List of Non-Certified Subcontractors and Suppliers'
(Form 007600-4), which must be signed and notarized by CONTRACTOR. A list of all
' non-certified sub-vendors used must be attached to this certified document.
6.3. If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, COUNTY
shall, upon certificate of CONSULTANT, and without terminating the Contract, make
payment of the balance due for that portion of the Work fully completed and accepted.
Such payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the COUNTY's Director of Purchasing, or Board
' of County Commissioners as applicable, has reviewed a written evaluation of the
performance of CONTRACTOR prepared by the CONTRACT ADMINISTRATOR, and
approved the final payment. The acceptance of final payment shall constitute a waiver
' of all claims by CONTRACTOR, except those previously made in strict accordance with
the provisions of the General Conditions and identified by CONTRACTOR as unsettled
at the time of the application for final payment.
' Article 7: Miscellaneous
7.1. This Contract is part of, and incorporated in, the Contract Documents as defined herein.
Accordingly, all of the documents incorporated by the Contract Documents shall govern
this Project,
' 7.2. Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent state or federal provision which is applicable to this Project, the
more stringent state or federal provision shall prevail.
CAF#170 1-1-12 Page 10 of 52
Contract No.Y1200707C1
7.3. Public Entity Crimes:
eIn accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid
on a contract to provide any goods or services to the COUNTY, may not submit a bid on
a contract with the COUNTY for the construction or repair of a public building or public
work, may not submit bids on leases of real property to the COUNTY, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with the COUNTY, and may not transact any business with the COUNTY in
excess of the threshold amount provided in- Section 287.017, Florida Statutes, for
category two (2) purchases for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list. Violation of this section by CONTRACTOR shall
result in cancellation of the COUNTY purchase and may result in CONTRACTOR
debarment.
7.4. Independent Contractor.
' CONTRACTOR is an independent contractor under this Contract. Services provided by
CONTRACTOR pursuant to this Contract shall be subject to the supervision of
CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall
act as officers, employees, or agents of the COUNTY. This Contract shall not constitute
or make the parties a partnership or joint venture.
' 7.5. Third Party Beneficiaries:
Except as provided in Section 54.2.4 of the General Conditions, neither CONTRACTOR
nor COUNTY intends to directly or substantially benefit a third party by this Contract.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract. The parties expressly acknowledge that it is not their intent to create
any rights or obligations in any third person or entity under this Contract.
' 7.6. Notices:
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or sent by
commercial express carrier with acknowledgment of delivery, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for
whom it is intended at the place last specified. The place for giving notice shall remain
the same as set forth herein until changed in writing in the manner provided in this
section. For the present, the parties designate the following as the respective places for
' giving of notice:
For County:
Gregory M. Balipki, P.E.
Broward County Water and Wastewater Services
2555 W Copans Road Pompano Beach FL 33069
tCAF 11170 1-1-12 Page 11 of 52
1
Contract Na. Y1200707C1
' For Contractor.
' RIC-MAN CONSTRUCTION FLORIDA, INC.
3100 SW 15 STREET
DEERFIELD BEACH FL 33442
7.7. Assignment and Performance:
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract any
portion of the work required by this Contract except as authorized by Article 28 of the
' General Conditions. CONTRACTOR represents that all persons delivering the services
required by this Contract have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Work and to provide and perform such
services to COUNTYs satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this Contract in
a skillful and respectable manner. The quality of CONTRACTOR's performance and all
interim and final product(s) provided to or on behalf of COUNTY shall be comparable to
the best local and national standards.
' 7.8. Materiality and Waiver of Breach:
' COUNTY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of this
Contract and, therefore, is a material term hereof.
' COUNTY's failure to enforce any provision of this Contract shall not be deemed a waiver
of such provision or modification of this Contract. A waiver shall not be effective unless
it is in writing, signed by the party against whom it is asserted, and any such written
ewaiver shall only be applicable to the speck instance to which it relates and shall not be
deemed to be a continuing or future waiver. A waiver of any breach of a provision of this
Contract shall not be deemed a waiver of any subsequent breach and shall not be
' construed to be a modification of the terms of this Contract.
7.9. Severance:
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless COUNTY or
' CONTRACTOR elects to terminate this Contract. An election to terminate this Contract
based upon this provision shall be made within seven (7) days after the finding by the
court becomes final.
7.10. Applicable Law, Jurisdiction, Venue, and Waiver of Jury Trial:
This Contract shall be interpreted and construed in accordance with and governed by
the laws of the State of Florida. All parties agree and accept that jurisdiction of any
controversies or legal problems arising out of this Contract, and any action involving the
enforcement or interpretation of any rights hereunder shall be exclusively in the
jurisdiction of the state courts of the Seventeenth Judicial Circuit in Broward County,
CAF#170 1-1-12 Page 12 of 62
Contract No. Y1200707C1
' Florida, and venue for litigation arising out of this Contract shall be exclusively in such
state courts, forsaking any other jurisdiction which either party may claim by virtue of its
' residency or other jurisdictional device. BY ENTERING INTO THIS CONTRACT,
CONTRACTOR AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO
THIS CONTRACT. CONTRACTOR, PURSUANT TO ARTICLE 28 OF THE GENERAL
CONDITIONS, SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE
PROVISIONS OF THIS CONTRACT.
' 7.11. Amendments:
' No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and pursuant to the terms herein.
7.12. Prior Agreements:
This document incorporates and includes all prior negotiations, correspondence,
' conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written.
' 7.13. Payment for Stored Materials and Equipment:
' Payment for materials and equipment stored at the project site shall be equal to ninety
percent(90%)of the invoiced amount of the materials and equipment as set forth herein.
Additionally, retainage on 90% of the invoiced amount shall be executed per Section 5.2.
The invoiced amount shall be based on the value of all acceptable materials and
equipment not yet incorporated in the Work but delivered and suitably stored at the
project site and scheduled for installation on-site within thirty (30) calendar days of the
date of the Application for Payment. Copies of the supplier's invoices for the materials
and equipment shall be included with the Application for Payment.
(The remainder of this page is intentionally left blank.)
1
1
CAF#170 1-1-12 Page 13 of 52
' Contract No.Y1200707C1
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through its BOARD OF
' COUNTY COMMISSIONERS, signing by and thro its ayor or Vice-Mayor, authorized to
execute same by Board action =1�7
of , 20#, and CONTRACTOR,
signing by and through -__, duly a thonzed o xe e same.
COUNTY
' ATTES BROWARD COUNTY,through its
1 BOARD OF UNTYY OMMISSIONERS
✓� 1
�� ty dmmi tra rand By � •/
Ex-Officio Clerk of the ,Mayor
Board of County Commissioners fk t �, 1)
of Braward County, Florida day of 20 .
Approved as to form by
Office of County Attorney
' Broward County, Florida
Approved as to Surety Company JONI ARMSTRONG COFFEY, County Attorney
Qualifications, Insurance Governmental Center, Suite 423
Requirements and Insurance 115 South Andrews Avenue
Documentation: Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
_ Telecopier: (954)357-7641
y "1
Risk Managg[er J1-
Risk Management Division By LU& ,J
Frank Vasquez A� , Dj(, IVO
Risk Insurance and Contracts Assista'n-t�ounty Attorney
It
ill
o0l0tiJ1' �,� ��i�:
CRE
7ai � L
CAF#170 1-1-12 Page 14 of 52
' Contract No. Y1200707C1
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT,AS APPLICABLE.
i [If incorporated sign below.]
eCONTRACTOR
ATTEST: ,} , IP lJ T'�.C,f�t�►'i r . C'
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' COUNTY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
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Contract No.Y1200707C1
SECTION 005400: CONTRACT SUPPLEMENTAL CONDITIONS
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' 005400 CONTRACT SUPPLEMENT
The following deviations are incorporated herein and made a part of this Contract,
revising the respective article and section as noted below.
Coding; Words in type are deletions from existing text. Words in
underlined type are additions to existing text.
1. Article 5, Progress Payments, Section 5.1 of the Contract is hereby revised, in
part, to read as follows:
' 5.1 CONTRACTOR may make Application for Payment for Work completed
during the Project at intervals of not more than once a month.
CONTRACTOR shall, where the Project involves CBE subcontractors,
make Application for Payment for Work completed by such subcontractors
during the Project at monthly intervals. CONTRACTOR's application shall
show a complete breakdown of the Project components, the quantities
completed and the amount due, together with such supporting evidence
as may be required by CONSULTANT or CONTRACT ADMINISTRATOR.
' CONTRACTOR shall submit with each Application for Payment, an
updated progress schedule acceptable to CONSULTANT as required by
the Contract Documents, a Certification of Payments to Subcontractors
' Form (007500-9), a statement indicating the cumulative amount of CBE
oarticiaation to date and a release of #emsclaims relative to the Work
which was the subject of previous applications or consent of surety
1 relative to the Work which is the subject of the Application. The
Certification of Payments to Subcontractors Form shall be accompanied
by a copy of the notification sent to each subcontractor (listed in Item 2 of
' the Form), explaining the good cause why payment has not been made.
When applicable, an Application for Payment shall be accompanied by a
completed Statement of Wage Compliance Form (007500-8). Each
Application for Payment shall be submitted in triplicate to CONSULTANT
for approval as follows:
' 2. Article 6, Acceptance and Final Payment, Section 6.2 of the Contract is hereby
revised to read as follows:
6.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all Betas-claims arising out
' of this Contract, or receipts in full in lieu thereof; an affidavit certifying that
all suppliers and subcontractors have been paid in full and that all other
indebtedness connected with the Work has been paid, or a consent of the
' surety to final payment; the final corrected as-built drawings; and the final
bill of materials, if required, and invoice. Final Payment package is to
' Section 005400—Contract Supplement
CAF#170
(UAZ 314,316,318 W&S Improvements) /�.1 12/9113 �'}
' include the certification document titled "Final List of Non-Certified
Subcontractors and Suppliers" Form (007600-4), which must be signed
and notarized by CONTRACTOR. A list of all non-certified sub-vendors
used must be attached to this certified document.
' 3. Article 7, Miscellaneous, Section 7.5, Third Party Beneficiaries, of the Contract is
hereby revised to read as follows:
Except as provided in Section �-�4.7 of the General Conditions, neither
CONTRACTOR nor COUNTY intends to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no thins party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
' 4_ Article 7, Miscellaneous, Section 7.13, Payment for Stored Materials and
Equipment, of the Contract is hereby deleted and replaced with the following:
' 7.13 [intentionally Left Blank]
t [The Remainder of This Page Is Intentionally Left Blank.]
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' Section 005400—Contract Supplement
CAF#170
(UAZ 314,316,318 W&S improvements) #_2 1219113
' Contract No. Y1200707C1
SECTION 007200: CONTRACT GENERAL CONDITIONS
Article 1: Contract Documents:
1.1. The Contract Documents are defined in Section 1.7 of the Contract.
1.2. The Contract Documents shall be followed in strict accordance as to work, performance,
' material, and dimensions except when CONSULTANT may authorize, in writing, an
exception.
1.3. Dimensions given in figures are to hold preference over scaled measurements from the
drawings; however, all discrepancies shall be resolved by CONSULTANT.
CONTRACTOR shall not proceed when in doubt as to any dimension or measurement,
but shall seek clarification from CONSULTANT.
1.4. CONTRACTOR shall be furnished ten (10) copies, free of charge, of the Contract
Documents; two (2) of which shall be preserved and always kept accessible to
' CONSULTANT and CONSULTANT's authorized representatives. Additional copies of
the Contract Documents may be obtained from COUNTY at the cost of reproduction.
' Article 2: Intention of COUNTY:
It is the intent of COUNTY to describe in the Contract Documents a functionally complete
' Project (or part thereof) to be constructed in accordance with the Contract Documents and in
accordance with all codes and regulations governing construction of the Project. Any work,
materials or equipment that may reasonably be inferred from the Contract Documents as being
' required to produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade meaning are
used to describe work, materials or equipment, such words shall be interpreted in accordance
with that meaning. Reference to standard specifications, manuals, or codes of any technical
society, organization or association, or to the laws or regulations of any governmental authority,
whether such reference be specific or by implication, shall mean the latest standard
' specification, manual, code or laws or regulations in effect at the time of opening of bids and
CONTRACTOR shall comply therewith. COUNTY shall have no duties other than those duties
and obligations expressly set forth within the Contract Documents.
Article 3: Preliminary Matters:
3.1. At least five (5) calendar days prior to the pre-construction meeting described in Section
3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and
acceptance:
3.1.1. A progress schedule in the indicated form:
' ❑ Bar Chart
❑ Modified CPM
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' Contract No. Y1200707C1
❑ CPM
' ® Computerized CPM
(CPM shall be interpreted to be generally as outlined in the Association of
General Contractors (AGC) publication, "The Use of CPM in
Construction.")
The progress schedule shall indicate the start and completion dates of the
various stages of the Work and shall show an activity network for the
planning and execution of the Work. Included with the progress schedule
shall be a narrative description of the progress schedule. The progress
schedule must be updated monthly by CONTRACTOR, submitted as part
of each Application for Payment and shall be acceptable to
CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum bid items
of Work, a preliminary schedule of values for all of the Work which will
include quantities and prices of items aggregating the Contract Price and
1 will subdivide the Work into component parts in sufficient detail to serve
as the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each
item of Work which will be confirmed in writing by CONTRACTOR at the
time of submission.
❑ Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission' of the progress schedule,
CONSULTANT, CONTRACT ADMINISTRATOR and CONTRACTOR
shall meet with all utility owners and secure from them a schedule of
utility relocation, provided, however, neither CONSULTANT nor COUNTY
1 shall be responsible for the nonperformance by the utility owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the
Project site, a conference attended by CONTRACTOR, CONSULTANT and others as
deemed appropriate by CONTRACT ADMINISTRATOR, will be held to discuss the
schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings
and other submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to
Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as
appropriate, will be held to finalize the schedules submitted in accordance with Section
3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to
Proceed, the CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for CONSULTANT
review. The finalized progress schedule will be accepted by CONSULTANT only as
' providing an orderly progression of the Work to completion within the Contract Time, but
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' Contract No. Y1200707C1
1 such acceptance shall not constitute acceptance by COUNTY or CONSULTANT of the
means or methods of construction or of the sequencing or scheduling of the Work, and
such acceptance will neither impose on CONSULTANT or COUNTY responsibility for
the progress or scheduling of the Work nor relieve CONTRACTOR from full
responsibility therefor. The finalized schedule of Shop Drawing submissions must be
acceptable to CONSULTANT as providing a workable arrangement for processing the
submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
Article 4: Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a
Performance Bond and a Payment Bond containing all the provisions of the Performance Bond
(Form 007500-1)and Payment Bond (Form 007500-2).
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to COUNTY the completion and performance of the Work covered in such
Contract as well as full payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project. Each Bond shall be with a surety company which is qualified
pursuant to Article 5.
4.2. Each Bond shall continue in effect for one (1) year after Final Completion and
acceptance of the Work with liability equal to one hundred percent (100%) of the
Contract Price, or an additional bond shall be conditioned that CONTRACTOR will, upon
notification by COUNTY, correct any defective or faulty work or materials which appear
within one (1)year after Final Completion of the Contract.
' 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced
above shall be recorded in the public records of Broward County and provide COUNTY
with evidence of such recording.
4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond,
1 CONTRACTOR may furnish alternate forms of security which may be in the form of
cash, money order, certified check, cashier's check or unconditional letter of credit(Form
007500-5). Such alternate forms of security shall be subject to the approval of COUNTY
and for same purpose and shall be subject to the same conditions as those applicable
above and shall be held by COUNTY for one (1) year after completion and acceptance
of the Work.
Article 5: Qualification of Surety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand
Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident
agent in the State of Florida and having been in business with a record of
' successful continuous operation for at least five (5)years.
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Contract No. Y1200707C1
5.1.2. The surety company shall hold a current certificate of authority as acceptable
surety on federal bonds in accordance with United States Department of
Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the
underwriting limitation set forth in the circular, in order to qualify,the net retention
of the surety company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance, reinsurance, or other
methods in accordance with Treasury Circular 297, revised September 1, 1978
(31 CFR Section 223.10, Section 223.11. Further, the surety company shall
provide COUNTY with evidence satisfactory to COUNTY, that such excess risk
has been protected in an acceptable manner.
5.1.3. The COUNTY will accept a surety bond from a company in accordance with the
requirements set forth below, provided, however, that if any surety company
appears on the watch list that is published quarterly by Intercom of the Office of
the Florida Insurance Commissioner,the COUNTY shall review and either accept
or reject the surety company based on the financial information available to the
COUNTY. A surety company that is rejected by the COUNTY may be
1 substituted by the Bidder or proposer with a surety company acceptable to the
COUNTY, only if the bid amount does not increase. The following sets forth, in
general, the acceptable parameters for bonds:
Policy- Financial
holder's Size
Amount of Bond Ratings Category
$ 500,001 to $ 1,000,000 A- Class 1
' $ 1,000,001 to $ 2,000,000 A- Class II
$ 2,000,001 to $ 5,000,000 A Class III
$ 5,000,001 to $ 10,000,000 A Class IV
$ 10,000,001 to$25,000.000 A Class V
' $ 25,000,001 to$ 50,000,000 A Class VI
$ 50,000,001 or more A Class VII
1 5.1.4. For projects of Five Hundred Thousand Dollars ($500,000.00) or less, COUNTY
may accept a Bid Bond, Performance Bond and Payment Bond from a surety
company which has twice the minimum surplus and capital required by the
Florida Insurance Code at the time the invitation to bid is issued, if the surety
company is otherwise in compliance with the provisions of the Florida Insurance
Code, and if the surety company holds a currently valid certificate of authority
' issued by the United States Department of the Treasury under Section 9304 to
9308 of Title 31 of the United States Code, as may be amended from time to
time. The Certificate and Affidavit (Form 007500-4) so certifying should be
submitted with the Bid Bond and also with the Performance Bond and Payment
Bond.
5.1.5. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
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Contract No. Y1200707C1
Article 6: Indemnification:
CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees, from
liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this
Contract. These indemnifications shall survive the term of this Contract. To the extent
considered necessary by CONTRACT ADMINISTRATOR and County Attorney, any sums due
CONTRACTOR under this Contract may be retained by COUNTY until all of COUNTY's claims
for indemnification pursuant to this Contract have been settled or otherwise resolved, and any
amount withheld shall not be subject to payment of interest by COUNTY.
Article 7: Insurance Requirements
7.1. The specific insurance coverage requirements for this project are identified in the
Instructions to Bidders Supplement which is a part of the Contract Documents.
' 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of
policies shall be furnished at least thirty(30)days prior to the date of their expiration.
7.3. The policy(ies) must be endorsed to provide the COUNTY with at least thirty (30) days
notice of cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the CONTRACT ADMINISTRATOR Certificates of
Insurance or endorsements evidencing the insurance coverage specified above within
fifteen (15) calendar days after notification of award of the Contract as indicated Form
004520. The required Certificates of Insurance shall name the types of policies provided,
' refer specifically to this Contract, and state that such insurance is as required by this
Contract. The Certificate of Insurance shall be in form similar to and contain the
information set forth in Form 004520. The failure to provide the Certificate of Insurance
within fifteen (15)days shall be the basis for the rescission of the awarding contract.
7.5. The official title of the certificate holder is Broward County. This official title shall be
used in all insurance documentation.
7.6. Broward County's Risk Management Division reserves the right, but not the obligation,to
review and revise any insurance requirements at the time of contract renewal and/or any
amendments, not limited to deductibles, limits, coverages and endorsements based on
insurance market conditions affecting the availability or affordability of coverage; or
changes in the scope of work/specifications affecting the applicability of coverage.
' 7.7. COUNTY and CONSULTANT are to be expressly included as Additional Insureds in the
name of Broward County and CONSULTANT with respect to general liability and excess
liability coverages arising out of operations performed for COUNTY by or on behalf of
CONTRACTOR or acts or omissions of CONTRACTOR in connection with general
supervision of such operation. If CONTRACTOR uses a subcontractor, then
CONTRACTOR shall ensure that subcontractor names COUNTY and CONSULTANT as
additional insureds.
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Contract No. Y1200707C1
Article 8: Labor and Materials:
8.1 Unless otherwise provided herein, CONTRACTOR shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
8.2 CONTRACTOR shall at all times enforce strict discipline and good order among
its employees and subcontractors at the Project site and shall not employ on the
Project any unfit person or anyone not skilled in the Work to which they are
assigned.
Article 9: Royalties and Patents
' All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be
I connected with the construction of the Work or appurtenances, are hereby included in the prices
stipulated in this Contract for said Work.
Article 10: Weather
Extensions to the Contract Time for delays caused by the effects of inclement weather shall be
' submitted as a request for a change in the Contract Time pursuant to Article 40. These time
extensions are justfed only when rains or other inclement weather conditions or related
adverse soil conditions result in CONTRACTOR being unable to work at least fifty percent
' (50%)of the normal workday on controlling items of work identified on the accepted schedule or
updates due to adverse weather conditions.
' Article 11: Permits, Licenses and Impact Fees
11.1 Except as otherwise provided within the Supplemental Conditions, all permits and
licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall
be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have
and maintain appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be performed for all
persons working on the Project for whom a Certificate of Competency is required.
11.2 Impact fees levied by any municipality shall be paid by CONTRACTOR. CONTRACTOR
shall be reimbursed only for the actual amount of the impact fee levied by the
' municipality as evidenced by an invoice or other acceptable documentation issued by
the municipality. Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR_
Article 12: Resolution of Disputes
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' Contract No. Y1200707C1
12.1. To prevent all disputes and litigation, it is agreed by the parties hereto that,
CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract Documents
and fulfillment of this Contract as to the character, quality, amount and value of any work
done and materials furnished, or proposed to be done or furnished under or, by reason
' of, the Contract Documents and CONSULTANT's decisions of all claims, questions,
difficulties and disputes shall be final and binding to the extent provided in Section 12.2.
Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement
j ' of the CONTRACT ADMINISTRATOR and CONTRACTOR shall be submitted to
CONSULTANT in writing within five (5) calendar days from the date of impasse. Unless
a different period of time is set forth herein, CONSULTANT shall notify the CONTRACT
ADMINISTRATOR and CONTRACTOR in writing of CONSULTANT's decision within
fourteen (14) calendar days from the date of the receipt of the claim, question, difficulty
or dispute, unless CONSULTANT requires additional time to gather information or allow
the parties to provide additional information. Except for disputes directly related to the
' promptness of payment as set forth in Section 5.1 of the Contract, all non-technical
administrative disputes, shall be determined by the CONTRACT ADMINISTRATOR
pursuant to the time periods provided herein. During the pendency of any dispute and
after a determination thereof, CONTRACTOR, CONSULTANT, and CONTRACT
ADMINISTRATOR shall act in good faith to mitigate any potential damages including
utilization of construction schedule changes and alternate means of construction.
' 12.2. In the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the determination must notify the other party in writing
within ten (10) calendar days of receipt of the written determination. The notice must
state the basis of the objection and must be accompanied by a statement that any
Contract Time or Contract Price adjustment claimed is the entire adjustment to which the
objecting party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) calendar days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations hereunder and to
attempt to prevent litigation. Neither party shall commence litigation prior to the
expiration of the sixty (60) day mediation period. The mediator shall be mutually agreed
upon by the parties. Should any objection not be resolved in mediation, the parties
retain all their legal rights and remedies provided under State law. A PARTY
SPECIFICALLY WAIVES ALL OF ITS RIGHTS, INCLUDING, BUT NOT LIMITED TO,
CLAIMS FOR CONTRACT TIME AND CONTRACT PRICE ADJUSTMENTS
PROVIDED IN THE CONTRACT DOCUMENTS, INCLUDING ITS RIGHTS AND
' REMEDIES UNDER STATE LAW, IF SAID PARTY FAILS TO COMPLY IN STRICT
ACCORDANCE WITH THE REQUIREMENTS OF THIS ARTICLE.
Article 13: Inspection of Work
13.1. CONSULTANT and COUNTY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for inspecting,
measuring and testing,
13.1.1.Should the Contract Documents, CONSULTANT's instructions, any laws,
ordinances, or any public authority require any of the Work to be specially tested
or approved, CONTRACTOR shall give CONSULTANT timely notice of
readiness of the Work for testing. If the testing or approval is to be made by an
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Contract No. Y1200707C1
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authority other than COUNTY, timely notice shall be given of the date fixed for
such testing. Testing shall be made promptly, and, where practicable, at the
source of supply. If any of the Work should be covered up without approval or
consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered
for examination and properly restored at CONTRACTOR's expense.
13.1.2.Reexamination of any of the Work may be ordered by CONSULTANT with prior
written approval by the CONTRACT ADMINISTRATOR, and if so ordered, the
Work must be uncovered by CONTRACTOR. If such Work is found to be in
accordance with the Contract Documents, COUNTY shall pay the cost of
reexamination and replacement by means of a Change Order. If such Work is
not in accordance with the Contract Documents, CONTRACTOR shall pay such
cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the
provisions of, the Contract Documents, or to delay the Project by failure to inspect the
materials and work with reasonable promptness, without the written permission or
instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly
or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will
constitute a breach of this Contract.
Article 14: Superintendence and Supervision
14.1. The orders of COUNTY are to be given through CONSULTANT, which instructions are
to be strictly and promptly followed in every case. CONTRACTOR shall keep on the
Project during its progress, a full-time competent English speaking superintendent and
any necessary assistants, all satisfactory to CONSULTANT. The superintendent shall
not be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its
employ. The superintendent shall represent CONTRACTOR and all directions given to
' the superintendent shall be as binding as if given to CONTRACTOR and will be
confirmed in writing by CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best skill and
attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following
Information in a bound log: the day; date; weather conditions and how any weather
condition affected progress of the Work; time of commencement of Work for the day; the
work being performed; materials, labor, personnel, equipment and subcontractors at the
Project site; visitors to the Project site, including representatives of COUNTY,
CONSULTANT, regulatory representatives; any event that caused or contributed a delay
to the critical path of the Project, any special or unusual conditions or occurrences
encountered; and the time of termination of Work for the day_ All information shall be
recorded in the daily log in ink. The daily log shall be kept on the Project site and shall
be available at all times for inspection and copying by COUNTY and CONSULTANT.
14.3. The CONTRACT ADMINISTRATOR, CONTRACTOR, and CONSULTANT shall meet at
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' Contract No.Y1200707C1
least every two (2) weeks or as determined by the CONTRACT ADMINISTRATOR,
during the course of the Work to review and agree upon the Work performed to date and
e to establish the controlling items of Work for the next two (2) weeks. The
CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of
each such meeting.
' 14.4. If CONTRACTOR, in the course of prosecuting the Work,finds any discrepancy between
the Contract Documents and the physical conditions of the locality, or any errors,
' omissions, or discrepancies in the Contract Documents, it shall be CONTRACTOR's
duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly
review the same. Any Work done after such discovery, until authorized, will be done at
CONTRACTOR'S sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction.
Article 15: COUNTY's Right to Terminate Contract
' 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the
Project Initiation Date, or fails to perform the Work with sufficient workers and equipment
or with sufficient materials to insure the prompt completion of the Work, or shall perform
' the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall
discontinue the prosecution of the Work pursuant to the accepted schedule, or if
CONTRACTOR shall fail to perform any material term set forth in the Contract
Documents, or if CONTRACTOR shall become insolvent or be declared bankrupt, or
commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit
of creditors, or from any other cause whatsoever shall not carry on the Work in an
acceptable manner, or if CONTRACTOR is placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List created pursuant to Section 215.473, Florida Statutes, as amended,
' or if CONTRACTOR provides a false certification submitted pursuant to Section
287.135, Florida Statutes, as amended, CONTRACT ADMINISTRATOR may give notice
in writing to CONTRACTOR and its Surety of such delay, neglect, or default, specifying
the same with a notice to cure. If CONTRACTOR, within a period of ten (10) calendar
days after such notice, shall not proceed in accordance therewith, then the COUNTY's
awarding authority for the Contract, may upon written certificate from CONSULTANT of
the fact of such delay, neglect or default and CONTRACTOR's failure to comply with
such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the
Project site and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project site as may be
suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive
any further payment until the Project is completed. In addition COUNTY may enter into
an agreement for the completion of the Project according to the terms and provisions of
the Contract Documents, or use such other methods as in COUNTY's sole opinion shall
be required for the completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in COUNTY's sole opinion shall be
required for the completion of the Project in an acceptable manner. All damages, costs
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Contract No. Y1200707C1
and charges incurred by COUNTY, together with the costs of completing the Project,
shall be deducted from any monies due or which may become due to CONTRACTOR.
In case the damages and expenses so incurred by COUNTY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to COUNTY the amount of
said excess.
' 15.2. 15.2 If, after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the rights and
' obligations of COUNTY and CONTRACTOR shall be the same as if the notice of
termination had been issued pursuant to the Termination for Convenience clause as set
forth in Section 15.3 below.
' 15.3. This Contract may be terminated for convenience in writing by COUNTY upon ten (10)
days written notice to CONTRACTOR (delivered by certified mail, return receipt
requested) of intent to terminate and the date on which such termination becomes
' effective. In such case, CONTRACTOR shall be paid for all work executed and actual
expenses incurred prior to termination in addition to termination settlement costs
reasonably incurred by CONTRACTOR relating to commitments which had become firm
' prior to the termination. Payment shall include reasonable profit for work/services
performed as limited by Article 39 hereof. All actual expenses incurred shall have
sufficient back-up documentation to verify that such expenses were actually incurred by
' CONTRACTOR. No payment shall be made for profit for work/services which have not
been performed.
' 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1, 15.3 or 15.5,
CONTRACTOR shall promptly discontinue all affected work unless the Notice of
Termination directs otherwise and deliver or otherwise make available to COUNTY all
data, drawings, specifications, reports, estimates, summaries and such other information
as may have been required by the Contract Documents whether completed or in
process.
' 15.5. This Contract may also be terminated by the Board:
15.5.1. Upon the disqualification of CONTRACTOR as a CBE firm by COUNTY's
' Director of the Office of Economic and Small Business Development if
CONTRACTOR's status as CBE firm was a factor in the award of this Contract
and such status was misrepresented by CONTRACTOR;
' 15.5.2.Upon the disqualification of CONTRACTOR by COUNTY's Director of the Office
of Economic and Small Business Development due to fraud, misrepresentation,
or material misstatement by CONTRACTOR in the course of obtaining this
Contract or attempting to meet the CBE contractual obligations;
' 15.5.3. Upon the disqualification of one or more of CONTRACTOR's CBE participants by
COUNTY's Director of the Office of Economic and Small Business Development
if any such participant's status as a CBE firm was a factor in the award of this
Contract and such status was misrepresented by CONTRACTOR or such
participant;
15.5.4. Upon the disqualification of one or more of CONTRACTOR's CBE participants by
COUNTY's Director of the Office of Economic and Small Business Development
' CAF#170 1-1-12 Page 26 of 52
' Contract No. Y1200707C1
1 if such CBE participant attempted to meet its CBE contractual obligations through
fraud, misrepresentation, or material misstatement;
15.5.5. If CONTRACTOR is determined by COUNTY's Director of the Office of Economic
and Small Business Development to have been knowingly involved in any fraud,
' misrepresentation, or CBE participant. If so determined, CONTRACTOR shall
not be awarded CBE participation credit.
' Article 16: Suspension of Work
CONTRACTOR shall cant'on the Work and adhere to the progress schedule during all disputes
or disagreements with the COUNTY. No Work shall be delayed or postponed pending resolution
of any disputes or disagreements except as the CONTRACTOR and COUNTY may otherwise
agree in writing. Suspension of Work by CONTRACTOR during any dispute or disagreement
with COUNTY shall entitle COUNTY to terminate the Contract for cause.
Article 17: Assignment
Neither party hereto shall assign the Contract or any subcontract in whole or in part without the
written consent of the other, nor shall CONTRACTOR assign any monies due or to become due
to it hereunder,without the previous written consent of the County Administrator.
Article 18: Rights of Various Interests
' Whenever work being done by COUNTY's forces or by other contractors is contiguous to or
within the limits of Work covered by this Contract, the respective rights of the various interests
' involved shall be established by the CONTRACT ADMINISTRATOR to secure the completion of
the various portions of the Work in general harmony.
Article 19: Explosives
When the use of explosives is necessary in the prosecution of the Work, CONTRACTOR shall
exercise the utmost care in handling and usage of such explosives to the protection of life and
property. All explosives shall be stored in a safe manner and storage places shall be clearly
marked "Dangerous-Explosives" and placed in the care of competent watchmen. When such
use of explosives becomes necessary, CONTRACTOR shall furnish to COUNTY proof of
' coverage, adequately providing public liability and property damage insurance as a rider
attached to its regular policies, unless otherwise included.
' Article 20: Differing Site Conditions
In the event that during the course of the Work CONTRACTOR encounters subsurface or
concealed conditions at the Project site which differ materially from those shown on the Contract
Documents and from those ordinarily encountered and generally recognized as inherent in work
of the character called for in the Contract Documents; or unknown physical conditions of the
' Project site, of an unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the Contract Documents,
CONTRACTOR, without disturbing the conditions and before performing any Work affected by
such conditions, shall, within twenty-four (24) hours of their discovery, notify CONTRACT
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Contract No.Y1200707C1
ADMINISTRATOR and CONSULTANT in writing of the existence of the aforesaid conditions.
CONSULTANT and CONTRACT ADMINISTRATOR shall, within two (2) business days after
' receipt of CONTRACTOR's written notice, investigate the site conditions identified by
CONTRACTOR. If, in the sole opinion of CONTRACT ADMINISTRATOR, the conditions do
materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time
' required for, the performance of any part of the Work,whether or not charged as a result of the
conditions, CONTRACT ADMINISTRATOR may recommend an equitable adjustment to the
Contract Price, or the Contract Time, or both. If CONTRACT ADMINISTRATOR and
CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the
' adjustment shall be referred to CONSULTANT for determination in accordance with the
provisions of Article 12. No request by CONTRACTOR for an equitable adjustment to the
Contract under this provision shall be allowed unless CONTRACTOR has given written notice to
CONTRACT ADMINISTRATOR in strict accordance with the provisions of this Article.
No request for an equitable adjustment or change to the Contract Price or Contract Time for
' differing site conditions shall be allowed if made after the date certified by CONTRACT
ADMINISTRATOR as the date of substantial completion.
' Article 21: Plans and Working Drawings
COUNTY, through CONSULTANT, shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings or
additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of the
Contract Documents,the written portion shall govern.
' Article 22: CONTRACTOR to Check Plans,Specifications, and Data
CONTRACTOR shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all
errors, omissions and discrepancies found therein within three (3) calendar days of discovery.
CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as
' full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for
damages resulting from errors, omissions or discrepancies in the Contract Documents unless
CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it
to CONSULTANT.
Article 23: CONTRACTOR's Responsibility for Damages and Accidents
23.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of
whatsoever nature sustained until final acceptance by COUNTY, and shall promptly
' repair any damage done from any cause whatsoever, except as provided in Article 30-
23.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining
' to the Project. In the event any such materials, equipment and supplies are lost, stolen,
damaged or destroyed prior to final acceptance by COUNTY, CONTRACTOR shall
replace same without cost to COUNTY, except as provided in Article 30.
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I
' Contract No. Y1200707C1
Article 24: Warranty
CONTRACTOR warrants to COUNTY that all materials and equipment furnished under this
Contract will be new unless otherwise specified and that all of the Work will be of good quality,
free from faults and defects, and in conformance with the Contract Documents. All Work not
conforming to these requirements, including substitutions not properly approved and authorized,
may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not
limited by the provisions of Article 26 herein.
Article 25: Supplementary Drawings
25.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be
done more fully, or to illustrate the Work further, or to show any changes which may be
required, supplementary drawings, with specifications pertaining thereto, will be
prepared by CONSULTANT.
I 25.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force
as the Contract Documents. Where such supplementary drawings require either less or
more than the original quantities of Work, appropriate adjustments shall be made by
Change Order.
Article 26: Defective Work
' 26.1. CONSULTANT shall have the authority to reject or disapprove Work which
CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR
shall promptly either correct all defective work or remove such defective Work and
' replace it with non-defective Work. CONTRACTOR shall bear all direct, indirect and
consequential costs of such removal or corrections including cost of testing laboratories
and personnel.
' 26.2. Should CONTRACTOR fail or refuse to remove or correct any defective Work or to make
any necessary repairs in accordance with the requirements of the Contract Documents
' within the time indicated in writing by CONSULTANT, COUNTY shall have the authority
to cause the defective Work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by COUNTY in
making such removals, corrections or repairs, shall be paid for out of any monies due or
which may become due to CONTRACTOR, or may be charged against the Performance
Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly
and fully, COUNTY may declare CONTRACTOR in default.
26.3. If, within one (1) year after the date of substantial completion or such longer period of
time as may be prescribed by the terms of any applicable special warranty required by
1 the Contract Documents, or by any specific provision of the Contract Documents, any of
the Work is found to be defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from COUNTY, shall promptly correct
such defective or nonconforming Work within the time specified by COUNTY without
cost to COUNTY, to do so. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which CONTRACTOR might have
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' Contract No. Y1200707C1
1 under the Contract Documents, including, but not limited to, Article 24 hereof and any
claim regarding latent defects.
26.4. Failure to reject any defective Work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate COUNTY to final acceptance.
Article 27: Taxes
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law.
CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
Article 28: Subcontracts
' 28.1. Each subcontractor must possess certificates of competency and licenses required by
law. CONTRACTOR shall have a continuing obligation to notify COUNTY and
CONSULTANT of any change in subcontractors.
28.2. CONTRACTOR shall not employ any subcontractor against whom COUNTY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required
1 to employ any subcontractor against whom CONTRACTOR has a reasonable objection.
28.3. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors
and of persons directly or indirectly employed by its subcontractors and of persons for
whose acts any of them may be liable to the same extent that CONTRACTOR is
responsible for the acts and omissions of persons directly employed by it. Nothing in the
' Contract Documents shall create any contractual relationship between any subcontractor
and COUNTY or any obligation on the part of COUNTY to pay or to see the payment of
any monies due any subcontractor. COUNTY or CONSULTANT may furnish to any
subcontractor evidence of amounts paid to CONTRACTOR on account of specific work
performed.
28.4. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms
and conditions of the Contract Documents for the benefit of COUNTY.
28.5. CONTRACTOR shall perform the Work with its own organization, amounting to not less
than 50 percent of the Contract Price.
Article 29: Separate Contracts
29.1. COUNTY reserves the right to let other contracts in connection with this Project.
CONTRACTOR shall afford other persons reasonable opportunity for the introduction
and storage of their materials and the execution of their work and shall properly connect
and coordinate this Work with theirs.
t29.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the
work of any other persons, CONTRACTOR shall inspect and promptly report to
CONSULTANT any defects in such Work that render it unsuitable for such proper
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' Contract No.Y1200707C1
execution and results. CONTRACTOR's failure to so inspect and report shall constitute
an acceptance of the other person's work as fit and proper for the reception of
e CONTRACTOR's Work, except as to defects which may develop in other
CONTRACTOR"s Work after the execution of CONTRACTOR's Work.
29.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate
the prosecution of the Work so as to create no interference or impact on any other
contractor on the site. Should such interference or impact occur, CONTRACTOR shall
' be liable to the affected contractor for the cost of such interference or impact.
29.4. To insure the proper execution of subsequent Work, CONTRACTOR shall inspect the
Work already in place and shall at once report to CONSULTANT any discrepancy
between the executed Work and the requirements of the Contract Documents.
Article 30: Use of Completed Portions
30.1_ COUNTY shall have the right at its sole option to take possession of and use any
' completed or partially completed portions of the Project. Such possession and use shall
not be deemed an acceptance of any of the Work not completed in accordance with the
Contract Documents. If such possession and use increases the cost of or delays the
Work, CONTRACTOR shall be entitled to reasonable extra compensation or reasonable
extension of time or both, as recommended by CONSULTANT and approved by
COUNTY.
30.2. In the event COUNTY takes possession of any completed or partially completed portions
of the Project,the following shall occur:
' 30.2.1.COUNTY shall give notice to CONTRACTOR in writing at least thirty (30)
calendar days prior to COUNTY's intended occupancy of a designated area.
30.2.2.CONTRACTOR shall complete to the point of Substantial Completion the
designated area and request inspection and issuance of a Certificate of
Substantial Completion (Form 007600-1)from CONSULTANT.
30.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial Completion,
COUNTY will assume full responsibility for maintenance, utilities, subsequent
' damages of COUNTY and public, adjustment of insurance coverages and start of
warranty for the occupied area.
30.2.4.CONTRACTOR shall complete all items noted on the Certificate of Substantial
Completion within the time specified by CONSULTANT on the Certificate of
Substantial Completion, as soon as possible and request final inspection and
final acceptance of the portion of the Work occupied. Upon completion of final
inspection and receipt of an application for final payment, CONSULTANT shall
issue a Final Certificate of Payment relative to the occupied area.
1 30.2.5. If COUNTY finds it necessary to occupy or use a portion or portions of the Work
prior to Substantial Completion thereof, such occupancy or use shall not
commence prior to a time mutually agreed upon by COUNTY and
CONTRACTOR and to which the insurance company or companies providing the
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Contract No.Y1200707C1
1 property insurance have consented by endorsement to the policy or policies.
Insurance on the unoccupied or unused portion or portions shall not be canceled
or lapsed on account of such partial occupancy or use. Consent of
CONTRACTOR and of the insurance company or companies to such occupancy
or use shall not be unreasonably withheld.
' Article 31: Lands for Work
31.1. COUNTY shall provide, as may be indicated in the Contract Documents, the lands upon
which the Work is to be performed, rights-of-way and easements for access thereto, and
such other lands as are designated by COUNTY for the use of CONTRACTOR.
31.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to
COUNTY, any additional land and access thereto that may be required for temporary
construction facilities, or for storage of materials. CONTRACTOR shall furnish to
COUNTY copies of written permission obtained by CONTRACTOR from the owners of
such land.
Article 32: Legal Restrictions and Traffic Provisions
CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and CONTRACTOR's general operations.
CONTRACTOR shall conduct its operations so as not to close any thoroughfare, nor interfere in
' any way with traffic on railway, highways, or water, without the written consent of the proper
authorities.
Article 33: Location and Damage to Existing Facilities, Equipment, or Utilities
33.1. As far as possible, all existing utility lines in the Project area have been shown on the
plans. However, COUNTY does not guarantee that all lines are shown, or that the ones
indicated are in their true location. It shall be the CONTRACTOR'S responsibility to
identify and locate all underground and overhead utility lines or equipment affecting or
' affected by the Project_ No additional payment will be made to the CONTRACTOR
because of discrepancies in actual and plan location of utilities, and additional costs
suffered as a result thereof.
33.2. The CONTRACTOR shall notify each utility company involved at least thirty (30) days
prior to the start of construction to arrange for positive underground location, relocation
or support of its utility where that utility may be in conflict with or endangered by the
proposed construction. Relocation of water mains or other utilities for the convenience
of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the CONTRACTOR_
All costs of permanent utility relocation to avoid conflict shall be the responsibility of the
utility company involved. No additional payment will be made to the CONTRACTOR for
utility relocations, whether or not said relocation is necessary to avoid conflict with other
lines.
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Contract No. Y1200707C1
33.3. The CONTRACTOR shall schedule the Work in such a manner that the Work is not
delayed by the utility providers relocating or supporting their utilities. The
CONTRACTOR shall coordinate its activities with any and all public and private utility
providers occupying the right-of-way. No compensation will be paid to the
CONTRACTOR for any loss of time or delay.
33.4. All overhead, surface or underground structures and utilities encountered are to be
carefully protected from injury or displacement. All damage to such structures is to be
completely repaired within a reasonable time; needless delay will not be tolerated. The
COUNTY reserves the right to remedy such damage by ordering outside parties to make
such repairs at the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged
utilities must be replaced or fully repaired. All repairs are to be inspected by the utility
owner prior to backfilling.
Article 34: Value Engineering
CONTRACTOR may request substitution of materials, articles, pieces of equipment or any
changes that reduce the Contract Price by making such request to CONSULTANT in writing.
CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered,
I installed, used or initiated without CONSULTANT's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract
Time. By making a request for substitution, CONTRACTOR agrees to pay directly to
CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the
request for substitution, whether or not the request for substitution is accepted by
CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function
and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings
including CONSULTANT review fees and charges. If a substitution is approved, the net dollar
savings shall be shared equally between CONTRACTOR and COUNTY and shall be processed
as a deductive Change Order. COUNTY may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or other surety with respect to any
substitute approved after award of the Contract.
1 Article 35: Continuing the Work
CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with COUNTY, including disputes or disagreements concerning a request for
a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall
not be delayed or postponed pending resolution of any disputes or disagreements.
Article 36: Changes in the Work or Terms of Contract Documents
36-1. Without invalidating the Contract and without notice to any surety, COUNTY reserves
and shall have the right, from time to time to make such increases, decreases or other
changes in the character or quantity of the Work as may be considered necessary or
desirable to complete fully and acceptably the proposed construction in a satisfactory
manner. Any extra or additional Work within the scope of this Project must be
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Contract No.Y1200707C1
accomplished by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
36.2. Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto, with the same formality and of equal dignity
prior to the initiation of any Work reflecting such change. This section shall not prohibit
the issuance of Change Orders executed only by COUNTY as hereinafter provided.
r Article 37: Field Orders and Supplemental Instructions
■ 37.1. The CONTRACT ADMINISTRATOR, through CONSULTANT, shall have the right to
' approve and issue Field Orders setting forth written interpretations of the intent of the
Contract Documents and ordering minor changes in Work execution, providing the Field
Order involves no change in the Contract Price or the Contract Time.
i37.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions
setting forth written orders, instructions, or interpretations concerning the Contract
' Documents or its performance, provided such Supplemental Instructions involve no
change in the Contract Price or the Contract Time.
Article 38: Change Orders
38.1. Changes in the quantity or character of the Work within the scope of the Project which
' are not properly the subject of Field Orders or Supplemental Instructions, including all
changes resulting in changes in the Contract Price, or the Contract Time, shall be
authorized only by Change Orders approved in advance and issued in accordance with
the provisions of the Broward County Procurement Code, as amended from time to time.
38.2. CONTRACTOR shall not start work on any changes requiring an increase in the
Contract Price or the Contract Time until a Change Order setting forth the adjustments is
approved by the COUNTY. Upon receipt of a Change Order, CONTRACTOR shall
promptly proceed with the Work set forth within the document.
' 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change
in the Contract Price or Contract Time, and a Change Order has not been issued,
COUNTY reserves the right at its sole option to either terminate the Contract as it
' applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed Work; or submit the matter in dispute to
CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and
' upon receipt of a Change Order approved by COUNTY, CONTRACTOR shall promptly
proceed with the change in the Work involved and advise the CONSULTANT and
CONTRACT ADMINISTRATOR in writing within seven (7) calendar days of
1 CONTRACTOR's agreement or disagreement with the method, if any, provided in the
Change Order for determining the proposed adjustment in the Contract Price or Contract
Time.
38.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall
ensure that the performance bond and payment bond are increased so that each reflects
the total Contract Price as increased.
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' Contract No. Y1200707C1
38.5. Under circumstances determined necessary by COUNTY, Change Orders may be
issued unilaterally by COUNTY.
eArticle 39: Value of Change Order Work
39.1. The value of any Work covered by a Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways:
39.1.1.Where the Work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities of items involved,
' subject to the provisions of Section 39.7.
39.1.2.By mutual acceptance of a lump sum which CONTRACTOR and COUNTY
acknowledge contains a component for overhead and profit.
39.1.3. On the basis of the "cost of work," determined as provided in Sections 39.2 and
39.3, plus a CONTRACTOR's fee for overhead and profit which is determined as
provided in Section 39.4.
I 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid
by CONTRACTOR in the proper performance of the Work described in the Change
Order. Except as otherwise may be agreed to in writing by COUNTY, such costs shall
be in amounts no higher than those prevailing in the locality of the Project, shall include
only the following items, and shall not include any of the costs itemized in Section 39.3.
39.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the
performance of the Work described in the Change Order under schedules of job
classifications agreed upon by COUNTY and CONTRACTOR. Payroll costs for
employees not employed full time on the Work covered by the Change Order
' shall be apportioned on the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to, salaries and wages plus the cost of fringe
benefits which shall include social security contributions, unemployment, excise
and payroll taxes, workers' compensation, health and retirement benefits,
bonuses, sick leave, vacation and holiday pay application thereto. Such
employees shall include superintendents and foremen at the site. The expenses
I of performing the Work after regular working hours, on Sunday or legal holidays,
shall be included in the above to the extent authorized by COUNTY.
39.2.2.Cost of all materials and equipment furnished and incorporated in the Work,
including costs of transportation and storage thereof, and manufacturers' field
services required in connection therewith. All cash discounts shall accrue to
CONTRACTOR unless COUNTY deposits funds with CONTRACTOR with which
to make payments, in which case the cash discounts shall accrue to COUNTY.
All trade discounts, rebates and refunds, and all returns from sale of surplus
materials and equipment shall accrue to COUNTY and CONTRACTOR shall
' make provisions so that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agreements approved by
COUNTY with the advice of CONSULTANT and the costs of transportation,
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Contract No. Y1200707C1
loading, unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any such
' equipment, machinery or parts shall cease when the use thereof is no longer
necessary for the Work.
' 39.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by
Subcontractors. If required by COUNTY, CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CONTRACTOR and shall
' deliver such bids to COUNTY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract provides that the
Subcontractor is to be paid on the basis of cost of the work plus a fee, the
Subcontractor's cost of the work shall be determined in the same manner as
CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the
other provisions of the Contract Documents insofar as applicable.
' 39.2.4.Cost of special consultants, including, but not limited to, engineers, architects,
testing laboratories, and surveyors employed for services specifically related to
the performance of the work described in the Change Order.
' 39.2.5.Supplemental costs including the following:
' 39.2.5.1. The proportion of necessary transportation, travel and subsistence
expenses of CONTRACTOR's employees incurred in discharge of
duties connected with the Work except for local travel to and from
the site of the Work.
39.2.5.2. Cost, including transportation and maintenance, of all materials,
supplies, equipment, machinery, appliances, office and temporary
facilities at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost
less market value of such items used but not consumed which
remains the property of CONTRACTOR.
39.2.5.3. Sales, use, or similar taxes related to the Work, and for which
CONTRACTOR Is liable, imposed by any governmental authority.
39.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence;
royalty payments and fees for permits and licenses.
39.2.6.5. The cost of utilities, fuel and sanitary facilities at the site.
' 39.2.5.6. Receipted minor expenses such as telegrams, long distance
telephone calls, telephone service at the site, expressage and
similar petty cash items in connection with the Work.
1 39.2.5.7. Cost of premiums for additional bonds and insurance required
because of changes in the Work.
39.3. The term "cost of the work"shall not include any of the following:
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Contract No. Y1200707C1
39.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives,
principals (of partnership and sole proprietorships), general managers,
' engineers, architects, estimators, lawyers, auditors, accountants, purchasing and
contracting agents, expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in its principal or a branch
office for general administration of the Work and not specifically included in the
agreed-upon schedule of job classifications referred to in Section 39.2.1, all of
which are to be considered administrative costs covered by CONTRACTOR's
' fee.
39.3.2.Expenses of CONTRACTOR's principal and branch offices other than
CONTRACTOR's office at the site.
' 39.3.3.Any part of CONTRACTOR's capital expenses, including interest on
CONTRACTOR's capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
39.3.4.Cost of premiums for all Bonds and for all insurance whether or not
CONTRACTOR is required by the Contract Documents to purchase and maintain
the same, except for additional bonds and insurance required because of
changes in the Work.
' 39.3.5.Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors,
or anyone directly or indirectly employed by any of them or for whose acts any of
them may be liable, including but not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied and making good any
damage to property.
39.3.6.Other overhead or general expense costs of any kind and the cost of any item
not specifically and expressly included in Section 39.2.
39.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be
determined as follows:
' 39.4.1.A mutually acceptable fixed fee, or if none can be agreed upon; or
39.4.2.A fee based on the following percentages of the various portions of the cost of
the work:
39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2,
CONTRACTOR's fee shall not exceed ten percent(10%).
39.4.2.2. For costs incurred under Section 39.2.3, CONTRACTOR's fee
shall not exceed seven and one half percent (7.5%); and if a
' subcontract is on the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee for overhead
and profit shall not exceed ten percent (10%); and
39.4.2.3. No fee shall be payable on the basis of costs itemized under
Sections 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section
' 39.3.
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Contract No. Y1200707C1
39.5. The amount of credit to be allowed by CONTRACTOR to COUNTY for any such change
which results in a net decrease in cost, will be the amount of the actual net decrease.
When both additions and credits are involved in any one change, the combined
overhead and profit shall be figured on the basis of the net increase, if any, however,
CONTRACTOR shall not be entitled to claim lost profits for any Work not performed.
39.6. Whenever the cost of any Work is to be determined pursuant to Sections 39.2 and 39.3,
' CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost
breakdown together with the supporting data.
' 39.7. Where the quantity of any item of the Worts that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such Work indicated
in the Contract Documents, an appropriate Change Order shall be issued to adjust the
unit price, if warranted.
' 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall
submit an initial cost estimate acceptable to CONSULTANT and CONTRACT
ADMINISTRATOR.
39.8.1.Breakdown shall list the quantities and unit prices for materials, labor, equipment
and other items of cost.
' 39.8.2.Whenever a change involves CONTRACTOR and one or more Subcontractors
and the change is an increase in the Contract Price, overhead and profit
percentage for CONTRACTOR and each Subcontractor shall be itemized
separately.
39.9. Each Change Order must state within the body of the Change Order whether it is based
upon unit price, negotiated lump sum, or"cost of the work."
Article 40: Notification and Claim for Change of Contract Time or Contract Price
( 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by CONTRACTOR to the CONTRACT ADMINISTRATOR and to CONSULTANT
within five (5) calendar days of the commencement of the event giving rise to the claim
or knowledge by CONTRACTOR of the claim and the notice shall state the general
nature and cause of the claim. Thereafter, within twenty (20) calendar days of the
' termination of the event giving rise to the claim or knowledge of the claim, written notice
of the extent of the claim with supporting information and documentation shall be
submitted to the CONTRACT ADMINISTRATOR and CONSULTANT (hereinafter"Claim
Notice"). The Claim Notice shall include CONTRACTOR's written notarized certification
that the adjustment claimed is the entire adjustment to which the CONTRACTOR has
reason to believe it is entitled as a result of the occurrence of said event. If the
CONTRACT ADMINISTRATOR and CONTRACTOR cannot resolve a claim for changes
in the Contract Time or Contract Price as set forth in a proper Claim Notice within twenty
(20) calendar days after receipt by the CONTRACT ADMINISTRATOR and
CONSULTANT, then CONTRACTOR shall submit the claim to CONSULTANT within
five (5) calendar days from the date of impasse in accordance with Article 12 hereof. IT
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' Contract No.Y1200707C1
IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF
e NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS
SECTION.
402_ The Contract Time will be extended in an amount equal to time lost on critical Work
items due to delays beyond the control of and through no fault or negligence of
CONTRACTOR if a claim is made therefor as provided in Section 40.1. Such delays
' shall include, but not be limited to, acts or neglect by any separate contractor employed
by COUNTY, fires, floods, labor disputes, epidemics, abnormal weather conditions or
acts of God.
Article 41: No Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against COUNTY by reason of any delays except as provided herein. CONTRACTOR
shall not be entitled to an increase in the Contract Price or payment or compensation of any
' kind from COUNTY for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising because of
delay, disruption, interference or hindrance from any cause whatsoever, whether such delay,
' disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith
or active interference on the part of COUNTY or its CONSULTANT. Otherwise, CONTRACTOR
' shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for
such resulting delay, in accordance with and to the extent specifically provided above.
Article 42: Excusable Delay; Compensable; Non-Compensable
42.1. Excusable Delay. Delay which extends the completion of the Work and which is caused
by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers
or vendors are Excusable Delay.
' 42.2. CONTRACTOR is entitled to a time extension of the Contract Time for each day the
Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for
any time extension as provided in Article 40 hereof,
42.3. Failure of CONTRACTOR to comply with Article 40 hereof as to any particular event of
delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
42.4. Excusable Delay may be compensable or non-compensable:
' 42.4.1.Compensable Excusable Delay. Excusable Delay is compensable when
42.4.1.1. the delay extends the Contract Time,
42.4.1.2. is caused by circumstances beyond the control of the
CONTRACTOR or its subcontractors, suppliers or vendors, and
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' Contract No.Y1200707C 1
42.4.1.3. is caused solely by fraud, bad faith or active interference on the
' part of COUNTY or its agents.
In no event shall CONTRACTOR be compensated for interim delays which do
1 not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for Compensable
Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to
the actual additional costs allowed pursuant to Article 39 hereof.
' COUNTY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the performance and
completion of the Work is impossible to determine as of the date of execution of
the Contract Documents, and that proof of the precise amount will be difficult.
Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated
on a daily basis for each day the Contract Time is delayed due to a
Compensable Excusable Delay. These liquidated indirect costs shall be paid to
' compensate CONTRACTOR for all indirect costs caused by a Compensable
Excusable Delay and shall include, but not be limited to, lost profits, all profit on
indirect costs, home office overhead, acceleration, loss of earnings, loss of
' productivity, loss of bonding capacity, loss of opportunity and all other indirect
costs incurred by CONTRACTOR. The amount of liquidated indirect costs
recoverable shall be $1,100.00 per day for each calendar day the Contract is
delayed due to a Compensable Excusable Delay.
42.4.2.Non-Compensable Excusable Delay. When Excusable Delay is
' 42.4.2.1. caused by circumstances beyond the control of CONTRACTOR, its
subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the COUNTY or
CONSULTANT, or
42.4.2.2. is caused jointly or concurrently by CONTRACTOR or its
' subcontractors, suppliers or vendors and by the COUNTY or
CONSULTANT, then CONTRACTOR shall be entitled only to a
time extension and no further compensation for the delay.
' Article 43: Substantial Completion
When CONTRACTOR considers that the Work, or a portion thereof designated by COUNTY
pursuant to Article 30 hereof, has reached Substantial Completion, CONTRACTOR shall so
notify COUNTY and CONSULTANT in writing. CONSULTANT and COUNTY shall then
promptly inspect the Work. When CONSULTANT, on the basis of such an inspection,
determines that the Work or designated portion thereof is substantially complete, it will then
prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925. The
CONTRACT ADMINISTRATOR shall affix its determination to the Certificate of Substantial
Completion which shall establish the Date of Substantial Completion. The Certificate of
Substantial Completion shall state the responsibilities of COUNTY and CONTRACTOR for
' security, maintenance, heat, utilities, damage to the Work, and insurance. The CONSULTANT
I
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Contract No.Y1200707C1
and COUNTY shall develop and the CONTRACTOR shall review the list of all Work yet to be
completed by CONTRACTOR to satisfy the requirements of the Contract Documents for Final
' Completion and to make the Work satisfactory and acceptable. The list shall be provided to the
CONTRACTOR within five (5) days after final development and review. If the final list is not
provided within the stated five (5) days, the Contract Time for completion shall be extended by
' the number of days exceeding the five days. The failure to include any items of corrective Work
on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract Documents
' shall commence on the date of Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate
of Substantial Completion shall be submitted to COUNTY through the CONTRACT
ADMINISTRATOR and CONTRACTOR for their written acceptance of the responsibilities
assigned to them in such Certificate.
' Article 44: No Interest
Any monies not paid by COUNTY when claimed to be due to CONTRACTOR under this
t Contract, including, but not limited to, any and all claims for contract damages of any type, shall
not be subject to interest including, but not limited to prejudgment interest. However, the
provisions of COUNTY's prompt payment ordinance, as such relates to timeliness of payment,
' and the provisions of Section 218.74(4), Florida Statutes, as such relates to the payment of
interest, shall apply to valid and proper invoices.
Article 45: Shop Drawings
45.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications.
The purpose of the Shop Drawings is to show the suitability, efficiency, technique of
manufacture, installation requirements, details of the item and evidence of its
compliance or noncompliance with the Contract Documents.
i45.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to
Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary
data on items for which Shop Drawings are to be submitted and shall identify the critical
items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR
from submitting complete Shop Drawings and providing materials, equipment, etc., fully
in accordance with the Contract Documents. This procedure is required in order to
expedite final approval of Shop Drawings.
45.3. After the approval of the list of items required in Section 45.2 above, CONTRACTOR
shall promptly request Shop Drawings from the various manufacturers, fabricators, and
suppliers. CONTRACTOR shall include all shop drawings and other submittals in its
certification.
' 45.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and
every copy shall show this approval thereon.
' 45.5. If the Shop Drawings show or indicate departures from the Contract requirements,
CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to
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Contract No. Y1200707C1
point out such departures shall not relieve CONTRACTOR from its responsibility to
comply with the Contract Documents.
45.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar
days from the date received, unless said Drawings are rejected by CONSULTANT for
' material reasons. CONSULTANTs approval of Shop Drawings will be general and shall
not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for
the proper fitting and construction of the work, nor for the furnishing of materials or Work
required by the Contract Documents and not indicated on the Drawings. No Work called
for by Shop Drawings shall be performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors
' or omissions of any sort on the Shop Drawings.
45.7. No approval will be given to partial submittals of Shop Drawings for Items which
interconnect and/or are interdependent where necessary to properly evaluate the
' design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such
interconnecting and/or interdependent items, check them and then make one submittal
to CONSULTANT along with its comments as to compliance, noncompliance, or features
requiring special attention.
45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
' Drawings, any additional information or changes on such drawings shall be typewritten
or lettered in ink.
45.9. CONTRACTOR shall submit the number of copies required by CONSULTANT.
Resubmissions of Shop Drawings shall be made in the same quantity until final approval
is obtained.
45.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's
approval at the job site at all times.
Article 46: Field Layout of the Work and Record Drawings
46.1. The entire responsibility for establishing and maintaining line and grade in the field lies
with CONTRACTOR. CONTRACTOR shall maintaln an accurate and precise record of
the location and elevation of all pipe lines, conduits, structures, maintenance access
' structures, handholes,fittings and the like and shall prepare record or"as-built" drawings
of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver
these records in good order to CONSULTANT as the Work is completed. The cost of all
such field layout and recording work Is included in the prices bid for the appropriate
items. All record drawings shall be made on reproducible paper and shall be delivered
to CONSULTANT prior to, and as a condition of, final payment.
' 46.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all
Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field
Orders and written interpretations and clarifications in good order and annotated to show
' all changes made during construction. These record documents together with all
approved samples and a counterpart of all approved Shop Drawings shall be available at
all times to CONSULTANT for reference. Upon Final Completion of the Project and prior
' to Final Payment, these record documents, samples and Shop Drawings shall be
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Contract No. Y1200707C1
delivered to the CONTRACT ADMINISTRATOR.
e 46.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to
COUNTY, CONTRACTOR's record drawings or as-built drawings acceptable to
CONSULTANT.
' Article 47: Safety and Protection
' 47.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project. CONTRACTOR shall
take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to:
47,1.1.All employees on the work site and other persons who may be affected thereby;
' 47.1.2.All the Work and all materials or equipment to be incorporated therein,whether in
storage on or off the Project site; and
47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
47.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and
orders of any public body having jurisdiction for the safety of persons or property or to
' protect them from damage, injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR shall notify owners of
adjacent property and utilities when prosecution of the Work may affect them. All
damage, injury or loss to any property referred to in Sections 47.1.2 and 47.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor
or anyone directly or indirectly employed by any of them or anyone for whose acts any of
' them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and
responsibilities for the safety and protection of the Work shall continue until such time as
all the Work is completed and CONSULTANT has issued a notice to COUNTY and
CONTRACTOR that the Work is acceptable except as otherwise provided in Article 30
hereof.
' 47.3. CONTRACTOR shall designate a responsible member of its organization at the Work
site whose duty shall be the prevention of accidents. This person shall be
CONTRACTOR'S superintendent unless otherwise designated in writing by
CONTRACTOR to COUNTY.
1
Article 48: Final Bill of Materials
' CONTRACTOR shall be required to submit to COUNTY and CONSULTANT a final bill of
materials with unit costs for each bid item for supply of materials in place. This shall be an
' itemized list of all materials with a unit cost for each material and the total shall agree with unit
costs established for each Contract item. A Final Certificate for Payment cannot be issued by
CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT
verifies the accuracy of the units of Work.
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' Contract No. Y1200707C1
Article 49: Payment by COUNTY for Tests
Except when otherwise specified in the Contract Documents, the expense of all tests requested
' by CONSULTANT shall be borne by COUNTY and performed by a testing firm chosen by
CONSULTANT. For road construction projects, the procedure for making tests required by
CONSULTANT will be in conformance with the most recent edition of the State of Florida,
Department of Transportation Standard Specifications for Road and Bridge Construction. The
' cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
Article 5O: Project Sign
Any requirements for a project sign shall be as set forth within the Technical Specifications
' section.
Article 51: Hurricane Precautions
51.1. During such periods of time as are designated by the United States Weather Bureau as
being a hurricane watch or warning, the CONTRACTOR, at no cost to the COUNTY,
shall take all precautions necessary to secure the Project site in response to all
threatened storm events, regardless of whether the COUNTY or CONSULTANT has
given notice of same.
51.2. Compliance with any specific hurricane watch or warning precautions will not constitute
additional work.
51.3. Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the COUNTY has directed such suspension, will entitle the CONTRACTOR to
additional Contract Time as noncompensable, excusable delay, and shall not give rise to
a claim for compensable delay.
Article 52: Cleaning Up; COUNTY's Right to Clean Up
CONTRACTOR shall at all times keep the premises free from accumulation of waste materials
or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall
remove all its waste materials and rubbish from and about the Project as well as its tools,
construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up
during the prosecution of the Work or at the completion of the Work, COUNTY may do so and
the cost thereof shall be charged to CONTRACTOR. If a dispute arises between
' CONTRACTOR and separate contractors as to their responsibility for cleaning up, COUNTY
may clean up and charge the cost thereof to the contractors responsible therefore as
CONSULTANT shall determine to be just.
' Article 53: Removal of Equipment
' In case of termination of this Contract before completion for any cause whatsoever,
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Contract No.Y1200707C1
CONTRACTOR, if notified to do so by COUNTY, shall promptly remove any part or all of
CONTRACTOR's equipment and supplies from the property of COUNTY, failing which
' COUNTY shall have the right to remove such equipment and supplies at the expense of
CONTRACTOR.
Article 54: EEO and OESBD Compliance
' 54.1. Nondiscrimination, Equal Employment Opportunity,And Americans With Disabilities Act
CONTRACTOR shall not unlawfully discriminate on the basis of race, religion, age,
color, sex, national origin, political affiliation, familial status, disability, pregnancy, sexual
' orientation, gender identity or expression, marital status or political affiliation in the
performance of this Contract, or in subcontracting work in the performance of this
Contract and shall not otherwise unlawfully discriminate in violation of Chapter 16% of
the Broward County Code of Ordinances, as may be amended from time to time.
CONTRACTOR shall take affirmative action to ensure that applicants are employed, and
that employees are treated during their employment without regard to their race, religion,
' color, sex or national origin, sexual orientation, marital status, political affiliation, or
physical or mental disability. Such actions shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, recruitment or recruitment
' advertising, layoff or termination, rates of pay or other forms of compensation; and
selection of training, including apprenticeship. CONTRACTOR agrees to post in
conspicuous places available to employees and applicants for employment, notices
setting forth the provisions of this non-discrimination clause.
' 54.1.1.COUNTY shall also require that any contractor selected to perform work on a
COUNTY project include the foregoing or similar language in its contracts with
' any subcontractors, except that any project assisted by U.S. Department of
Transportation funds shall comply with the non-discrimination requirements in 49
C.F.R. Parts 23 and 26, as amended. Subcontractors, if any, will be made aware
of and will comply with this nondiscrimination clause. Failure to comply with
above requirements is a material breach of the contract, and may result in the
termination of this contract or such other remedy as COUNTY deems
' appropriate.
54.1.2.CONTRACTOR shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and further
shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, gender, sexual orientation, national origin,
marital status, political affiliation, or physical or mental disability. In addition,
' CONTRACTOR shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment
' or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
' 54.1.3. By execution of this Contract, CONTRACTOR represents that it has not been
placed on the discriminatory vendor list (as provided in Section 287.134, Florida
Statutes). COUNTY hereby materially relies on such representation in entering
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' Contract No.Y1200707C1
into this Contract. An untrue representation of the foregoing shall entitle
COUNTY to terminate this Contract and recover from CONTRACTOR all monies
paid by COUNTY pursuant to this Contract, and may result in debarment from
COUNTY's competitive procurement activities.
' 54.2. COUNTY BUSINESS ENTERPRISE ("CBE")COMPLIANCE
In completing this Project, CONTRACTOR agrees to and shall comply with
COUNTY Business Enterprise Act of 2009 (Broward County Ordinance No.
2009-40), as may be amended from time to time, hereinafter referred to as the
,
Act, which provides for the establishment and implementation of CBE
' participation goals, initiatives, and other opportunities for COUNTY contracts.
Failure by CONTRACTOR to carry out any of the CBE Program requirements
shall constitute a material breach of this Contract, which shall permit COUNTY to
' terminate this Contract or to exercise any other remedy available under this
Contract, under the Broward County Administrative Code, under the Broward
County Code of Ordinances, or under applicable law, all of which remedies being
cumulative.
CONTRACTOR acknowledges that the Broward County Board of County
Commissioners, acting by and through the Director of the Broward County Office
of Economic and Small Business Development (OESBD), may make minor
administrative modifications to the CBE Program which shall become applicable
to this Contract if the administrative modifications are not unreasonable. Written
notice of any such modification shall be provided to CONTRACTOR and shall
include a deadline for CONTRACTOR to notify COUNTY if CONTRACTOR
concludes that the modification exceeds the authority of this section of this
Contract. Failure of CONTRACTOR to timely notify COUNTY of its conclusion
that the modification exceeds such authority shall be deemed acceptance of the
modification by CONTRACTOR.
' The COUNTY shall review each proposed modification to this Contract that, by
itself or aggregated with previous modifications, increase the contract value of
' this Contract by ten percent (10%) of the initial contract value, or Fifty Thousand
Dollars ($50,000) whichever is less, for opportunities to include or increase the
participation of CBE firms, already involved on this Contract.
' 54.2.1.COUNTY and CONTRACTOR agree that prime and subcontract awards to CBE
firms are crucial to the achievement of COUNTY's CBE participation goals. In an
1 effort to assist COUNTY in achieving its established goals for this Project,
CONTRACTOR agrees to meet the current CBE participation goals established
by COUNTY.
54.2.1.1. This Contract has the following CBE participation goals: 20
percent.
54.2.1.2. CONTRACTOR may not terminate for convenience a certified
CBE listed as a subcontractor in the CONTRACTORS bid or offer
CAF#170 1-1-12 Page 46 of 52
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Contract No. Y1200707C1
without the County's prior written consent, which consent shall not
be unreasonable withheld. CONTRACTOR shall inform COUNTY
immediately when a CBE firm is not able to perform or if
CONTRACTOR believes the CBE firm should be replaced for any
other reason, so that the Office of Economic and Small Business
Development may review and verify the good faith efforts of
CONTRACTOR to substitute the CBE firm with another CBE firm.
Whenever a certified CBE subcontractor is terminated for any
reason, including for cause, CONTRACTOR shall make good faith
efforts to find another certified CBE firm to perform the work
required of the original CBE firm.
54.2.2.CONTRACTOR has committed to the CBE performance delineated on Form
004339-2, Schedule of Participation. CONTRACTOR shall, in performing
services for this Project, incorporate the names, addresses, scope of work, and
dollar value of CBE participation on the Schedule of Participation into
CONTRACTOR's contracts. CONTRACTOR understands that each CBE firm
utilized on the Project to meet the participation goals must be certified by the
' Broward County Office of Economic and Small Business Development.
CONTRACTOR agrees to enter into contracts with CBE subcontractors which
are listed on the Schedule of Participation upon execution of this Contract and to
' provide copies of its contracts with such persons to the CONTRACT
ADMINISTRATOR and the Broward County Office of Economic and Small
Business Development. CONTRACTOR may not deviate from the CBEs
' delineated in the Schedule of Participation, without the prior approval of the
OESBD (or designee).
' 54.2.3.CONTRACTOR understands that it is the responsibility of the CONTRACT
ADMINISTRATOR and the Broward County Office of Economic and Small
Business Development to monitor compliance with the CBE requirements. In
that regard, CONTRACTOR agrees to furnish a Monthly CBE Utilization Report
(Form 007500-6), to both the CONTRACT ADMINISTRATOR and the Broward
County Office of Economic and Small Business Development on the progress of
CBE participation commencing with the first payment application. This form may
I be changed by the CONTRACT ADMINISTRATOR for form and/or content
during the course of the project. CONTRACTOR shall coordinate with
CONTRACT ADMINISTRATOR prior to all Application for Payment to ensure use
of CONTRACT ADMINISTRATOR's current requirements for formal and content
of the Monthly CBE Utilization Report. All reports shall include the name and
business address of each CBE firm solicited by CONTRACTOR to work as a
subcontractor in this Contract and the responses received by CONTRACTOR to
such solicitation; the name and business address of each CBE firm actually
involved in this Contract, a description of the work performed and/or product or
service supplied by the CBE firms; the date and amount of each expenditure; the
CBE status of any contractor performing any portion of this Contract;, and any
other information requested by COUNTY which may assist COUNTY in
determining the CONTRACTOR's compliance with its contractual obligations, or
may assist in the implementation and enforcement of the Act. The submission of
the report required by this subparagraph shall be a condition of payment to
CONTRACTOR.
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' Contract No. Y1200707C1
54.2.4. In the event of CONTRACTOR's noncompliance with its participation
commitment to a CBE firm (including without limitation the unexcused reduction
of CBE participation), the affected CBE firm shall have the right to exercise the
following remedies if the noncompliance is or was due to no fault of the CBE firm,
and due to the willful action or omission of CONTRACTOR:
54.2.4.1. The affected CBE firm shall be entitled to damages pursuant to its
Contract with CONTRACTOR.
54.2.42. If a subcontractor or other similarly-situated person institutes an
arbitration proceeding claiming non-compliance with the Act by
CONTRACTOR, then only in such event shall the remedies
include an undertaking by CONTRACTOR to submit any dispute
concerning such damages to binding arbitration by an
independent arbitrator. However, binding arbitration shall not be
available as to any dispute between CONTRACTOR and
COUNTY; nor shall COUNTY incur any cost, fee, or liability
relative to any arbitration proceedings. An arbitrator may award
reasonable attorneys fees and costs against a non-prevailing
party.
' 54.2.4.3. Nothing under this Subsection 54.2.4 shall be construed to limit
the rights of and remedies available to COUNTY, including the
right to seek its own damages pursuant to this Contract.
542.5_CONTRACTOR agrees that nonpayment of a CBE subcontractor as required by
Article 5 of the Contract shall be a material breach of this Contract and that
COUNTY's CONTRACT ADMINISTRATOR may, at its option, increase
allowable retainage or withhold progress payments unless and until
CONTRACTOR demonstrates timely payments of sums due to such
subcontractors. CONTRACTOR agrees that the presence of a "pay when paid"
provision in a subcontract shall not preclude COUNTY or its representatives from
inquiring into allegations of nonpayment. The foregoing remedies under this
Subsection 54.2.5 shall not be employed when CONTRACTOR demonstrates
that failure to pay results from a bona fide dispute with its subcontractor.
54.2.6. COUNTY shall have access without limitation to CONTRACTOR's books and
' records including payroll records, tax returns and records, and books of account,
on five (5) business days' notice, to allow COUNTY to determine
CONTRACTOR's compliance with its commitment to CBE participation and the
status of any CBE firm performing any portion of this Contract. On-site reviews
to monitor the CONTRACTOR's progress in achieving and maintaining CBE
obligations will be carried out by the CONTRACT ADMINISTRATOR in
conjunction with the Office of Economic and Small Business Development (or
Idesignee).
54.2.7. If CONTRACTOR fails to comply with the requirements of this Contract or the
requirements of the County Business Enterprise Act of 2009, COUNTY shall
have the right to exercise any administrative remedies provided by the Business
Opportunity Act of 2004, or any other right or remedy provided in this Contract or
under applicable law, with all such rights and remedies being cumulative.
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Contract No. Y1200707C1
Article 55: Project Records
' CONTRACTOR and its subcontractors shall maintain all books and records and accounts,
whether financial or otherwise, which relate to the Project and to any claim for additional
compensation made by CONTRACTOR, including, without limitation, complete and correct
records of payments to each of its subcontractors. For each subcontractor, the books and
records and accounts shall reflect each payment to the subcontractor and the cumulative total of
the payments made to the subcontractor. COUNTY shall have the right to inspect and copy, at
COUNTY's expense, the books and records and accounts of CONTRACTOR and its
subcontractors which relate in any way to the Project, and to any claim for additional
compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting
records of CONTRACTOR and its subcontractors which relate to the Project and to any claim
for additional compensation made by CONTRACTOR. CONTRACTOR and its subcontractors
shall retain and make available to COUNTY all such books and records and accounts, whether
financial or otherwise, which relate to the Project and to any claim for a period of three (3)years
I following Final Completion of the Project. During the Project and the three (3) year period
following Final Completion of the Project, CONTRACTOR shall provide COUNTY access to its
books and records and accounts upon seventy-two (72) hours written notice
I Article 56: Domestic Partnership Requirement
uirement
ICONTRACTOR certifies and represents that it will comply with the COUNTY's Domestic
Partnership Act (Section 16'/2-157 of the Broward County Code of Ordinances, as amended)
during the entire term of the Contract. The failure of the CONTRACTOR to comply shall be a
' material breach of the Contract, entitling the COUNTY to pursue any and all remedies provided
under applicable law including, but not limited to (1) retaining all monies due or to become due
the CONTRACTOR until the CONTRACTOR complies; (2) termination of the Contract; (3) and
suspension or debarment of the CONTRACTOR from doing business with the COUNTY.
t (The remainder of this page is intentionally left blank.)
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1 Contract No,Y1200707C1
SECTION 07300: CONTRACT SUPPLEMENTAL GENERAL CONDITIONS
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CAF#170 1-1-12 Page 50 of 52
' 07300 SUPPLEMENTAL GENERAL CONDITIONS
The following deviations to the General Conditions are incorporated herein and made a
part of this Contract, revising the respective article and section as noted below.
Coding: Words in type are deletions from existing text. Words in
underlined type are additions to existing text.
' 1_ Article 20, Differing Site Conditions, and Article 34, Value Engineering, of the
Contract General Conditions are hereby deleted and replaced with the following
1 (original underlining omitted):
' Article 20-Differing Site Conditions
[Intentionally Left Blank]
' Article 34-Value Engineering
Intentionally Left elan,
2. Article 54, EEO and CBE Compliance, Sections 54.1 and 54.2, of the Contract
General Conditions are hereby deleted and replaced with the following:
' 54.1 No party to this Contract may discriminate on the basis of race color, sex
religion, national origin, disability, aae marital status political affiliation
sexual orientation Preanancy, or gender identity and expression in the
erformance of this contract. CONTRACTOR shall comply with all
applicable requirements of the Broward County Business Enterprise
' ("CBE") Pro rain in the award and administration of this Contract Failure
by CONTRACTOR to carry out any of these requirements shall constitute
a material breach of this Contract, which shall permit COUNTY, to
terminate this Contract or to exercise any other remedy provided under
this Contract under the Broward County Code of Ordinances or
Administrative Code, or under applicable law, with all of such remedies
' bein4 cumulative.
CONTRACTOR shall include the foregoing or similar language in its
' contracts with any subcontractors subconsultants or surmliers, except
that any project assisted by the U.S. Department of Transportation funds
shall comply with the non-discrimination requirements in 49 C.F.R.
' Parts 23 and 26 as amended.- Failure to comoly with the fore oin
requirements is a material breach of this Contract which may, result in the
Section 007300—Supplemental General Conditions
CAF#170
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termination of this Contract or such other remedy as COUNTY deems
appropriate.
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its Use or expenditure of funds in fulfilling its
obligations under this Contract and shall not otherwise unlawfully
discriminate in violation of the Broward County Code Chapter 16'/z as
may be amended from time to time. CONTRACTOR shall„affirmatively
comply with all applicable Provisions of the Americans with Disabilities Act
(ADA) in the course of providing any services funded by COUNTY
includina Titles I and 11 of the ADA (repardina nondiscrimination on the
basis of disabih and all apOicable regulations, guidelines, and
standards. In addition, CONTRACTOR shall take affirmative steps to
ensure nondiscrimination in employment a ainst disabled persons.
By execution of this Contract CONTRACTOR represents that it has not
' been placed on the discriminatory vendor list (as provided in
Section 287.134, Florida Statutes, as may be amended from time to time)
COUNTY hereby materially relies on such representation in entering,into
this Contract. An untrue representation of the foregoina shall entitle
COUNTY to terminate this Contract and recover from CONTRACTOR all
monies paid by COUNTY vursuant to this Contract and may result in
' debarment from COUNTY's competitive procurement activities
54.2 The CBE Program, which is implemented under the Broward County
' Business Ormortunity Act of 2012 Broward County Ordinance No. 2012-
33 as may be amended from time to time) referred to, as the "Act,"
provides for the_establishment and implementation of CBE participation
goals, initiatives. and other opportunities for COUNTY oontracts In
com_pletfn_ this his Proiect, CONTRACTOR agrees to and shall comply with
all applicable requirements of the CBE Program in the award and
' administration of the Contract. CONTRACTOR acknowledges that the
Broward County Board of County Commissioners, acting by and through
the Director of the Broward County Office of Equal Opportunity, may make
minor administrative modifications to the CBE Program which shall
' become applicable to this Contract if the administrative modifications are
not unreasonable. Written notice of any such modification shall be
Provided to CONTRACTOR and shall include a deadline for
' CONTRACTOR to notify COUNTY if CONTRACTOR concludes that the
modification exceeds the authority of this section of this Contract. Failure
Of CONTRACTOR to timely notify COUNTY of its conclusion that the
' modification exceeds such authorily shall be deemed acceptance of the
modification by CONTRACTOR.
The COUNTY shall have the right to review each proposed amendment
extension, modification, or change order to this Contract that by itself or
Section 007300—Supplemental General Conditions
' GAF#170
(UAZ 314,316,318 W&S improvements) 8,2 1219113
aggireclated with previous amendments extensions modifications or
e chancle orders increases the initial Contract pdoe by ten percent 10% for
opportunities to include or increase the participation of CBE firms already
involved in this Contract. CONTRACTOR shall make a good faith effort to
include CBE firms in work resulting from any such amendment extension
modification, or change order and shall report such efforts along with
evidence thereof, to the Office of Economic and Small Business
Development.
54.3 The Parties acknowledge that sub tract awards to CBE firms are crucial
to the achievement of the Proiect's CBE participation goal
CONTRACTOR understands that each CBE firm utilized on the Project to
meet the l2grilicipation goal must be certified by the Broward County Office
' of Economic and Small Business Development In an effort to assist
COUNTY in achieving its established goal for this Project CONTRACTOR
agrees to meet the followingG BE participation goal by utilizing the CBE
' firms for the work and the Percentage of work amounts described in
Section 54.4: eA.)
CONTRACTOR has committed to r c CBE
participation.
CONTRACTOR may not terminate for convenience a CBE firm listed as a
subcontractor in the CONTRACTOR'S bid or offer without the County's
prior written consent, which consent shall not be unreasonably withheld.
CONTRACTOR shall inform COUNTY immediately when a CBE firm is
not able to perform or if CONTRACTOR believes the CBE firm should be
replaced for any other reason, so that the Office of Eoonomic and Small
Business Development may review and verify the good faith efforts of
CONTRACTOR to substitute the CBE firm with another CBE firm.
Whenever a CBE firm is terminated for any reason, including for cause
CONTRACTOR shall with notice to and concurrence of the Broward
County Office of Economic and Small Business Development Division
substitute another CBE firm in order to meet the level of CBE participation
Provided herein. Such substitution shall not be required in the event the
termination results from COUNTY changing the Scope of Work hereunder
and there is no available CBE to perform the new Scope of Work
' 54.4 _ In performing services for this Project, the Parties hereby incorporate
CONTRACTORSs Participating CBE firms addresses scope of work and
the Percentage of work amounts identified on each Letter of Intent form
t 004339-1 into this Contract. Upon execution of this Contract b
COUNTY, CONTRACTOR shall enter into a formal contract with the CBE
firms CONTRACTOR selected to fulfill the CBE Participation-goal for this
' Contract and agrees to provide copies of its contracts with such firms to
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the Contract Administrator and the Broward County Offl f Economic
' and Small Business Development,,
54.5 CONTRACTOR shall allow COUNTY to engage in on-site reviews to
' monitor CONTRACTOR's progress in achieving and maintaining its
contractual and CBE Program obligations. Such review and monitoring
shall be by the Contract Administrator in coniunction with the Office of
' Economic and Small Business Development. COUNTY shall have
access without limitation to CONTRACTOR's books and records
including payroll records, tax returns and records, and books of account
' on five (5) business days' notice, to allow COUNTY to determine
CONTRACTOR's compliance with its commitment to the CBE PartiGipation
goal and the status of any CBE firm performing any portion of this
Contract.
54.6 CONTRACTOR understands that it is the mgonsibility of the Contract
Administrator and the Broward County Office of Economic and Small
Business Development to monitor compliance with the CBE requirements
In that regard, CONTRACTOR shall report monthly regarding compliance
' with its CBE. obligations in accordance with Article 5, "Progress
Payments," of this Contract.
54.7 In the event of CONTRACTOR's noncompliance with its participation
' commitment to a CBE firm (including without limitation the unexcused
reduction of the CBE firm's participation),), the affected CBE firm shall h y
the right to the following remedies if the noncompliance is or was alleged
to be due to no fault of the CBE firm, and alleged to be due to the willful
action or omission of CONTRACTOR:
t54.7.1 The affected CBE firm shall be entitled to dams es pursuant to its
aareement with CONTRACTOR.
54.7.2 If the CBE firm has the right to arbitrate and institutes arbitration
Proceedings claiming non-compliance with the Act by
CONTRACTOR, then in such event the CBE firm may submit the
' dispute to arbitration. However, arbitration shall not be available as
to any dispute between CONTRACTOR and COUNTY: nor shall
COUNTY incur any cost, fee, or liability relative to any arbitration
proceeding.
54.7.3 Nothing under this Section 54.7 shall be construed to limit the rights
of and remedies available to COUNTY, including the right to seek
its own damages pursuant to this Contract.
' 54.8 Nonpayment of a CBE subcontractor, subconsultant or supplier as
re uired by this Contract shall be a material breach of this Contract and
' Section 007300—Supplemental General Conditions
CAF#170
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that COUNTY's Contract Administrator „may, at its option increase
allowable retainage or withhold Progress payments unless and until
CONTRACTOR demonstrates timely payments of sums due to such
subcontractor, subconsultant or supplier. CONTRACTOR agrees that the
presence of a "Pay when aid" provision in its contract with a CBE firm
shall not preclude COUNTY or its representatives from in uinn into
allegations of nonpayment. The foregoing remedies under this Section
' 54-8 shall not be employed when CONTRACTOR demonstrates that
failure to Day results from a bona fide dis ute with its CBE subcontractor,
subconsultant or supplier.
54.9 If CONTRACTOR fails to compiy with the requirements of this Contract or
the requirements of the Broward Count
Business OpportunitV Act of
' 2012, COUNTY shall have the right to exercise any administrative
remedies Provided by the Broward County Business Opoortunity Act of
2012 or any other right or remedy provided in the Administrative
' Procedures of the Office of Economic and Small Business Development,
this Contract or under api3licable law, with all such rights and remedies
being cumulative.
' 3. Article 55, Project Records, of the Contract General Conditions, is hereby retitled
"Public Records and Project Records"and revised to read as follows:
55.1 COUNTY is a Dublic agency subiect to Chapter 119 Florida Statutes. To
the extent CONTRACTOR is a Contractor acting on behalf of COUNTY
pursuant to Section 119.0701, Florida Statutes. CONTRACTOR shall:
55.1.1 Keep and maintain public records that ordinarily and necessarily
would be required to be kept and maintained by COUNTY were
COUNTY performing the services under this Contract-
55.1.2 Provide the public with access to such public records on the same
terms and conditions that COUNTY would provide the records
and at a cost that does not exceed that provided in Chapter 119
Florida Statutes or as otherwise 2rovided by law-
1 55.1.3 Ensure that public records that are exempt or that are confidential
and exempt from public record re uirements are not disclosed
except as authorized by law: and
55.1.4 Meet all requirements for retaining ublic records and transfer to
COUNTY, at no cost, all public records in possession of
CONTRACTOR upon termination of this Contract and destroy any
duplicate public records that are exempt or confidential and
' exempt. All records stored electronically must be provided to
COUNTY in a format that is com atible with the information
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technology systems of COUNTY.
The failure of CONTRACTOR to cornp1V with the vovisions set forth in
this Section shall constitute a default and breach of this Contract and
COUNTY shall enforce the default in accordance with the provisions set
fah in Article 15.
55.2 CONTRACTOR and its subcontractors shall maintain all books and
records and accounts, whether financial or otherwise, which relate to the
Project and to any claim for additional compensation made by
CONTRACTOR, including, without limitation, complete and correct
records of payments to each of its subcontractors. For each
subcontractor, the books and records and accounts shall reflect each
payment to the subcontractor and the cumulative total of the payments
made to the subcontractor. COUNTY shall have the right to inspect and
copy, at COUNTY's expense, the books and records and accounts of
CONTRACTOR and its subcontractors which relate in any way to the
Project, and to any claim for additional compensation made by
CONTRACTOR, and to conduct an audit of the financial and accounting
records of CONTRACTOR and its subcontractors which relate to the
Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR and its subcontractors shall retain and
' make available to COUNTY all such books and records and accounts,
whether financial or otherwise, which relate to the Project and to any claim
for a period of three (3) years following Final Completion of the Project.
' During the Project and the three (3)year period following Final Completion
of the Project, CONTRACTOR shall provide COUNTY access to its books
and records and accounts upon seventy-two (72) hours written notice
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' Contract No.Y1200707C1
SECTION 007343: CONTRACT SUPPLEMENTAL WAGE REQUIREMENTS
1. ® Prevailing Wage Rate Ordinance - This Project is not federally funded. If the
Contract is in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), the
following sections shall apply.
1.1. The rate of wages and fringe benefit payments for all laborers, mechanics, and
' apprentices shall not be less than those payments for similar skills in
classifications of work in a like construction industry as determined by the
Secretary of Labor and as published in the Federal Register (latest revision is
' attached hereto).
1.2. All mechanics, laborers, and apprentices, employed or working directly upon the
site of the Work shall be paid in accordance with the above referenced wage
' rates. CONTRACTOR shall post notice of these provisions at the site of the
Work in a prominent place where it can be easily seen by the workers.
1.3. If the parties cannot agree on the proper classification of a particular class of
laborers or mechanics or apprentices to be used, the CONTRACT
ADMINISTRATOR shall submit the question, together with its recommendation,
to the County Administrator for final determination.
1.4. In the event it is found by the CONTRACT ADMINISTRATOR that any laborer or
mechanic or apprentice employed by CONTRACTOR, or any subcontractor
directly on the site of the Work has been or is being paid at a rate of wages less
than the rate of wages required by the ordinance, the CONTRACT
ADMINISTRATOR may(1) by written notice to CONTRACTOR terminate its right
to proceed with the Work or such part of Work for which there has been a failure
to pay said required wages; and (2) prosecute the Work or portion thereof to
completion by contract or otherwise. Whereupon, CONTRACTOR and its
' sureties shall be liable to COUNTY for any excess costs occasioned to COUNTY
thereby.
1.5. Sections 1.1 through 1.4 above shall apply to this Contract to the extent that it is
(1)a prime Contract subject to the ordinance; or(2) a Subcontract also subject to
the ordinance under such prime Contract.
1.6. CONTRACTOR shall maintain payrolls and basic records relating thereto during
the course of the Work and shall preserve such for a period of three (3) years
' thereafter for all laborers, mechanics, and apprentices working at the site of the
Work. Such records shall contain the name and address of each such employee;
its current classification; rate of pay (including rates of contributions for, or costs
assumed to provide, fringe benefits); daily and weekly number of hours worked;
deductions made; and actual wages paid.
1.7. CONTRACTOR shall submit, with each requisition for payment, a signed and
sworn "Statement of Compliance" (Form 007500-8) attesting to compliance with
the Prevailing Wage Ordinance, Section 26-5 of the Broward County of
Ordinances, as amended.
CAF#170 1-1-12 Page 51 of 52
' Contract No. Y1200707C1
' 1.8. The CONTRACT ADMINISTRATOR may withhold or cause to be withheld from
CONTRACTOR so much of the payments requisitioned as may be considered
' necessary to pay laborers and mechanics, including apprentices, trainees, and
guards employed by CONTRACTOR or any Subcontractor on the work, the full
amount of wages required by the Contract.
1.9. If CONTRACTOR or any Subcontractor fails to pay any laborer, mechanic, or
apprentice employed or working on the site of the Work all or part of the wages
required by the Contract, the CONTRACT ADMINISTRATOR may, after written
notice to CONTRACTOR, take such actlon as may be necessary to cause
suspension of any further payments or advances until such violations have
ceased.
2. ❑ Federal Grant Projects:
' 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in
part from the United States government through
and (Federal Agency)
referred to as No. ,
Federal assurances must follow the grant application in addition to any and all
supervening assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms, or conditions required by federal grantor agency are hereby
' attached and made a part of the Contract Documents.
' SECTION 007363: CONTRACT SUPPLEMENTAL SECURITY REQUIREMENTS
❑ If box is X. the following paragraph is applicable for this Contract:
Security Background verification, fingerprinting and identification badging is required for all work
' conducted in Security Identification Display Areas (SIDA). The prime contractor is responsible
for managing, obtaining and complying with all requirements of the above for their own firm as
well as all of their subcontractors on their team. The prime contractor and all sub-contractors are
' responsible for all costs associated with complying with the terms and conditions of this security
requirement including but not limited to any fines levied (including against BCAD) due to its non
compliance with SIDA or Airport Security rules.
CAF#170 1-1-12 Page 52 of 52
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PROPOSED MILLING/RESURFACING
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ADDITIONAL MILLING/OVERLAY
UAZ 3149 316, & 318