2023-02-07 VII. F. Exhibit 7 Exhibit 7
02/07/2023
City CITY OF OKEECHOBEE, PUBLIC WORKS
_tow
Memo
FLORIDA•Founded 191 S
To: Gary Ritter
From: David Allen
Date: 1/26/2023
Re: Shenandoah South 4th Street pipe lining project PO request
The Public Works Department is requesting a purchase order in the amount of$1,000,000.00 to
Shenandoah General Construction for lining 0.57 miles (3,009 feet)of 30"to 48"storm water pipe
located on South 4th Street, from SW 5th Avenue to SE 6`h Avenue. The estimated cost of the project from
Shenandoah is$967,795.96.The requested amount includes a 5%contingency to address issues such as
excess sediment removal and pipe diameter errors on outdated City Storm Water Maps(1997).The
funding for this project will use ARPA funds
The portion of the pipe located under US 441(Parrott Ave) is excluded from this project.This section of
pipe is part of a FDOT project and will be replaced by FDOT.Additionally,the section of pipe East of SE
6`h Avenue is being evaluated for work as part of the SE 4'Street FDEP funded grant project.
This segment of stormwater pipe is the backbone of the system South of Park Street.The ageing
condition of the pipe has necessitated numerous repairs to the roadway above the pipe over the last
several years.As the pipe continues to age,the pavement issues that need to be addressed will increase.
The lining process used to rehabilitate the existing concrete stormwater pipe currently in place should
extend the life by more than 30 years.
The agreement with Shenandoah for this project is a piggyback on an agreement between Shenandoah
and Broward Collage.The City used this contractor to perform the same type of work on SW 2nd Avenue
at SW 8'Street.The contractor performed excellent work and we have been very satisfied with the
work performed.
Page 1 of 2
SHENANDOAH
1888 NW 22nd Street Pipe Inspection&Restoration Specialist Pompano Beach,FL,33069
(772)202-3260 shenandoahus.com
DATE:January 18,2023 PROPOSAL#P23885
SUBMITTED TO:Okeechobee,City of
STREET: 55 Southeast 3rd Avenue
CITY, STATE&ZIP:Okeechobee,FL 34974
PHONE: (863)763-3926
FAX:
EMAIL:dallen@cityofokeechobee.com
JOB NAME:SE 4th Street Outfall
ATTENTION:David Allen
We propose to furnish a crew and all necessary equipment to clean,televise,and install 30",36",42"and 48"CIPP at the
above mentioned job location.This work will be performed at our following hourly and/or unit prices:The pricing on this proposal
is based off of a Piggyback of Shenandoah Construction's Broward College Storm Drain Cleaning,Repairs,and Maintenance
RFP-2018-167-EH
Mobilization (at$300.00 Each) 1 Each $300.00
Medium Cleaning and Sediment Removal 30" (at$2.00 Per L.F.) 286 L.F. $572.00
Medium Cleaning and Sediment Removal 36" (at$2.50 Per L.F.) 45 L.F. $112.50
Medium Cleaning and Sediment Removal 42" (at$3.25 Per L.F.) 317 L.F. $1,030.25
Medium Cleaning and Sediment Removal 48" (at$3.50 Per L.F.) 2361 L.F. $8,263.50
Storm Drain Video Observation 0-48" (at$6.00 Per L.F.) 3009 L.F. $18,054.00
Install 30"CIPP (at$154.99 Per L.F.) 286 L.F. $44,327.14
Install 36"C1PP (at$191.22 Per L.F.) 45 L.F. $8,604.90
Install 42"CIPP (at$275.35 Per L.F.) 317 L.F. $87,285.95
Install 48"CIPP (at$338.52 Per L.F.) 2361 L.F. $799,245.72
Estimated Total: $967,795.96
NOTE:Due to the fragile condition of the existing pipe(s),the possibility of the pipe collapsing exists during the construction phase.
If this unlikely event occurs,we will provide you with an additional estimate for a necessary point repair to complete the lining
process.Due to the poor condition of the original host pipe,residual settling may appear at the surface grade,post lining.This
condition is not covered under warrantee.
This proposal may be withdrawn if not accepted within 30 days.Payment terms net 30 days.
(If we encounter an Insurance compliance fee requirement,this fee will be invoiced in addition to the above rates.)
All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard
practices.Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete
the work,therefore increasing or decreasing estimate.All agreements are contingent upon strikes,accidents or delays beyond our
control.Unless noted above engineering,permits,testing and bonds are not included in the pricing.Owner is to carry fire,tornado
and other necessary insurance.Our workers are fully covered by Workman's Compensation Insurance.Parties to this
proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract.
Page 2 of 2
SHENANDOAH
1888 NW 22nd Street Pipe Inspection&Restoration Specialist
(772)202 3260 Pompano Beach,FL,33069
shenandoahus.com
SIGNATURE:
SHENANDOAH GENERAL CONSTRUCTION CO. TITLE DATE
Louis Woska Estimator 01/18/2023
ACCEPTANCE OF PROPOSAL/SIGN&RETURN
The above prices,specification and conditions are satisfactory and are hereby accepted.You are authorized to do the work as
specified.
SIGNATURE:
COMPANY NAME: DATE:
REPRESENTATIVE: TITLE:
This document is the property of Shenandoah General Construction.It is intended only for the use of the individual or entity to which it is addressed and may contain
information that is non-public,proprietary.privileged,confidential and exempt from disclosure under applicable law or may constitute as attorney work product.If you are not
the intended recipient,you are hereby notified that any use,dissemination,distribution or copying of this communication of this document is strictly prohibited If you have
received this document in error.notify us immediately by telephone(954)075-0098 or Email.•help Oshenandoahus.com and destroy this document immediately.if this is an
electronic communication then delete immediately.
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Okeechobee
FLORIDA•/6...1,MS
PIGGYBACK AGREEMENT
BETWEEN
CITY OF OKEECHOBEE AND
SHENANDOAH GENERAL CONSTRUCTION COMPANY,A FLORIDA LIMITED
LIABILITY COMPANY
THIS PIGGYBACK AGREEMENT("Agreement") is made and entered into between
the CITY OF OKEECHOBEE (the "CITY"), a political subdivision of the State of Florida who
address is 55 SE 3rd Avenue, Okeechobee, FL 34974, and Shenandoah General Construction
Company,LLC(the"CONTRACTOR"),a Florida corporation,whose address is 1888 Northwest
222nd street,Pompano Beach, Florida(hereinafter collectively referred to as the"Parties").
WHEREAS, the CITY desires to procure storm drain cleaning, repair, and maintenance
services with and through professionals duly licensed and qualified to provide such services;
WHEREAS, the District Board of Trustees of Broward College, Florida (the "College")
entered into a Contract for Services (the "Contract") with the CONTRACTOR on or about
November 27, 2018.
WHEREAS,the College renewed the Contract on or about November 27, 2022.
WHEREAS, CONTRACTOR has demonstrated capability to provide the CITY with
Storm Drain Cleaning,Repairs,and Maintenance services contemplated by this Agreement;
WHEREAS, the CITY has determined that the Contract with the College meets the
requirements of the State of Florida and CITY Procurement Code and is an acceptable agreement
upon which the CITY and CONTRACTOR may establish an Agreement;
WHEREAS, the CONTRACTOR agrees to extend the terms, conditions, and pricing of
the Contract with the CITY, subject to the terms and conditions of this Agreement; and
WHEREAS, the CITY has determined that entering into this Agreement with the
CONTRACTOR is in the best interests of the CITY.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein and for other good and valuable considerations, the receipt and sufficiency of which are
hereby mutually acknowledged, the Parties agree as follows:
1. Recitals.The above recitals are true and correct and are incorporated into this CITY
Agreement by reference.
2. Scope of services. CITY hereby retains CONTRACTOR to furnish the services
that are described in the Scope of Services which is attached hereto as Exhibit A,and incorporated
herein by reference.
Piggyback Agreement Between the City of Okeechobee and Shenandoah General Construction Company
Page 2
3. Terms and Conditions. Except as otherwise stated herein, the terms and
conditions of the Contract entered into with the College shall constitute the terms and conditions
of this Agreement. A true and correct copy of the Contract is attached hereto as Exhibit B and
incorporated herein by reference. Any conflict between the terms and conditions in the body of
this Agreement and the terms and conditions set forth in Exhibit B will be resolved in favor of the
body of this Agreement.
4. Agreement Term and Commencement of Services. This Agreement has an
initial term of one(1)year, beginning February 1,2023, and ending January 31,2024, and may be
renewed for up to two additional one-year terms,upon agreement of the Parties in writing,unless
sooner terminated under the terms of this Agreement.
5. Payment. CITY agrees to compensate CONTRACTOR for work actually
performed under this Agreement at the rate/basis described in Exhibit B. The CITY reserves the
right to withhold amounts in the event of the non-performance of all or part of the
CONTRACTOR's obligations under this Agreement.
6. Termination. This Agreement may be terminated by the CITY in whole or in part
at any time with or without cause by the CITY providing CONTRACTOR with written notice not
less than third (30)days prior to the date of termination.
7. Notices. All notices to the Parties under this Agreement must be in writing and
sent via certified mail to City Administrator, City of Okeechobee.
8. Insurance. CONTRACTOR must maintain such insurance as will fully protect both
the CONTRACTOR and the CITY from any and all claims under any Workers Compensation Act or
Employers Liability Laws,and from any and all other claims of whatsoever kind or nature to the damage
or property,or for personal injury, including death, made by anyone whomsoever,that may arise from
operations carried on under this Agreement,either by CONTRACTOR,any subcontractor,or by anyone
directly or indirectly engaged or employed by either of them.
a. The insurance coverage required by this Agreement must not be less than:
i. Workers'Compensation(unless exempt)with Employers'Liability with a limit
of$1,000,000.00 each accident, $1,000,000.00 each employee,$1,000,000.00
policy limit for disease;
ii. Commercial General Liability ("CGL") insurance with a limit of not less than
$1,000,000.00 each occurrence. If such CGL insurance contains a general
aggregate limit, it shall apply separately to this work in the amount of
$3,000,000.00. CGL insurance shall be written on an occurrence form and
include bodily injury and property damage liability for premises, operations,
independent contractors, products and completed operations, contractual
liability, broad form property damage and property damage resulting from
explosion, collapse or underground (x, c, u) exposures, personal injury, and
advertising injury. Damage to rented premises shall be included at$100,000.00;
Piggyback Agreement Between the City of Okeechobee and Shenandoah General Construction Company
Page 3
iii. Commercial Automobile Liability Insurance with a limit of not less than
$1,000,000.00 each accident for bodily injury and property damage liability.
Such insurance shall cover liability arising out of any auto (including owned,
hired and non-owned autos) and such policy shall be endorsed to provide
contractual liability coverage;and
iv. Fire damage liability shall be included at$1,000,000.00.
9. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must
comply with all federal, state,and local laws, statutes,ordinances,rules,and regulations pertaining to
or regulating the provision of such services,including those now in effect and hereafter adopted.
10. CONTRACTOR will remain fully responsible for the services of any
subcontractors or professional associates.
11. Independent contractor. CONTRACTOR is, and will be deemed to be, an
independent contractor and not a servant,employee,joint adventurer,or partner of the CITY. None of
CONTRACTOR's agents,employees,or servants are,or will be deemed to be,the agent,employee,or
servant of the CITY. None of the benefits,if any,provided by the CITY to its employees,including but
not limited to, compensation insurance and unemployment insurance, are available from the CITY to
the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely
responsible for its acts and for the acts of its agents,employees, servants,and subcontractors during the
performance of this Agreement.
12. Indemnification. CONTRACTOR must indemnify and hold the CITY harmless
against and from any and all claims, losses,penalties, interest,demands,judgments, costs,damages,
or expenses,including attorney's fees and court costs,incurred by the CITY,or its agents,officers,or
employees,arising directly or indirectly from CONTRACTOR's performance under this Agreement
or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses,
penalties, interest, demands, judgments, costs, damages, or expenses arising out of any accident,
casualty, or other occurrence causing injury to any person or property. This includes persons
employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and
subcontractors). CONTRACTOR's obligation will not be limited by,or in any way to,any insurance
coverage or by any provision in or exclusion or omission from any policy of insurance, whether such
insurance is in connection with this Agreement or otherwise. Such indemnification is in addition to
any and all other legal remedies available to the CITY and not considered to be the CITY's exclusive
remedy. The indemnification provisions of this paragraph will survive the termination of this
Agreement.
13. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to
extend, the CITY's liability beyond that provided in
Section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as
consent,by the CITY to be sued by third parties in any matter arising out of this Agreement.
Piggyback Agreement Between the City of Okeechobee and Shenandoah General Construction Company
Page 4
14. Public records. CONTRACTOR is a "Contractor" as defined by Section
119.0701(1)(a), Florida Statutes,and must comply with the public records provisions of Chapter
119,Florida Statutes, including the following:
a. Keep and maintain public records required by the CITY to perform the service.
b. Upon request from the CITY's records custodian,provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119,or as otherwise provided
by law.
c. Upon completion of this Agreement, transfer, at no cost, to the CITY all public
records in possession of CONTRACTOR or keep and maintain public records
required by the CITY to perform the service. If CONTRACTOR transfers all public
records to the CITY upon completion of this Agreement, CONTRACTOR must
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and maintains
public records upon completion of this Agreement, CONTRACTOR must meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the CITY, upon request from the CITY's custodian of public
records,in a format that is compatible with the information technology systems of the
CITY.
i. "Public records" is defined in Section 119.011(12), Florida Statutes, as
may be, from time to time,amended.
ii. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, LANE GAMIOTEA, CITY
CLERK, 863-763-3372; EMAIL: lgamiotea ancityofokeechobee.com;
MAILING ADDRESS: City of Okeechobee,55 SE 3rd Avenue,Room
100,Okeechobee,FL 34974.
15. General Provisions.The following general provisions apply to this Agreement:
a. Entire Agreement. This Agreement states the entire understanding between the
Parties and supersedes any written or oral representations, statements, negotiations,
or agreements to the contrary. CONTRACTOR recognizes that any representations,
statements,or negotiations made by the CITY staff do not suffice to legally bind the
CITY in a contractual relationship unless they have been reduced to writing,
authorized,and signed by the authorized CITY representatives.
Piggyback Agreement Between the City of Okeechobee and Shenandoah General Construction Company
Page 5
b. Amendment. No modification, amendment, or alteration in the terms or
conditions of this Agreement will be effective unless contained in a written
document executed with the same formality as this Agreement.
c. Severability. If any term or provision of this Agreement is held, to any extent,
invalid or unenforceable, as against any person,entity,or circumstance during the
Term hereof, by force of any statute, law, or ruling of any forum of competent
jurisdiction, such invalidity will not affect any other term or provision of this
Agreement, to the extent that the Agreement will remain operable, enforceable,
and in full force and effect to the extent permitted by law.
d. Waiver. The indulgence of either party with regard to any breach or failure to
perform any provision of this Agreement does not constitute a waiver of the
provision or any portion of this Agreement,either at the time the breach or failure
occurs or at any time throughout the term of this Agreement. The review of,
approval of, or payment for any of CONTRACTOR's work product, services, or
materials does not operate as a waiver,and should not be construed as a waiver,of
any of the CITY's rights under this Agreement,or of any cause of action the CITY
may have arising out of the performance of this Agreement.
e. Law; Venue.This Agreement is being executed in Okeechobee County,Florida,
and is governed in accordance with the laws of the State of Florida. Venue of any
action hereunder will be in Okeechobee County, Florida.
IN WITNESS WHEREOF, the Parties hereto have signed and sealed this Agreement
effective the date first written above.
APPROVED this day of , 2023, by Shenandoah General
Construction Company, LLC, a Florida limited liability company.
Shenandoah General Construction Company,
LLC
By:
(Print name)
Its:
(Title)
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Piggyback Agreement Between the City of Okeechobee and Shenandoah General Construction Company
Page 6
APPROVED this day of , 2023,by the Okeechobee City Council.
City of Okeechobee, Florida, a municipal
corporation of the State of Florida
By:
Attest: Dowling R. Watford, Jr., Mayor
Lane Gamiotea, CMC, City Clerk
Approved as to Form and Legality for
Okeechobee County:
John J. Fumero, City Attorney
Piggyback Agreement Between the City of Okeechobee and Shenandoah General Construction Company
Page 7
AGREEMENT EXHIBIT A
SCOPE OF WORK
CONTRACTOR shall provide Storm Drain Cleaning, Repairs, and Maintenance at CITY-wide
locations as identified and described by the CITY facilities department. CONTRACTOR shall
provide the services on an as-needed and project-by-project basis,based on the needs of the CITY,
which will be described in subsequent purchase orders to be issued.
BROWARD,V PROCUREMENT SERVICES
Cypress Creek Administrative Center
COLLEGE6400 N.W.6"'Way, Fort Lauderdale, FL 33309
Phone 954-201-7455/Fax 954-201-7330
March 16,2021
Ms. Margaret Lary via e-mail: rn.larv(@.shenandoahus.com
Shenandoah General Construction LLC
1888 NW 22nd Street
Pompano Beach, FL33069
Dear Ms.Lary,
This letter shall serve to provide notice of Broward College's intent to exercise the first renewal option for an additional twelve
(12)months pursuant to Broward College Storm Drain Cleaning,Repairs and Maintenance,contract RFP-2018-167-EH, for
uninterrupted services for college-wide locations.
Therefore,let this act as notice,and if agreeable to the twelve(12)month renewal at the same pricing,terms and conditions,
please sign below and return original copy for our files via U.S. Mail,via fax to(954)201-7330 or email as a PDF to
ehunt(@.broward.edu.
It is necessary that your company provide the College with an updated Certificate of Insurance.
The College would like to thank you for the satisfactory service and hope our association continues in the same manner for both
parties.
CONTRACT PERIOD: November 27,2021 through November 26,2022
If there are any questions,please feel free to contact Eileen Hunt,Procurement Contracting Officer,at ehunt(@broward.edu or
(954)201-5317.
Sincerely,
iLDoc'uSiiAgnadd by:
�� ' IYV w
58221840005A484...
Zaida Riollano,CPPB
District Director,Strategic Sourcing
Cc: Marcus Wilson, Interim AVP, Facilities Collegewide Maintenance
File RFP-2018-167-EH
TYPED/PRINTED NAM aid TI JLE: Daniel DiMura, President
SIGNATURE:
DATE: March 17, 2021
Signee warrants that he or she has full legal power to execute this document on behalf of the stated firm.
AN EQUAL ACCESS/EQUAL OPPORTUNITY INSTITUTION
uucu Jiyn Cnvelope lu:v/nVo IL.r-uoL -9DyD-Hvr I-auouo'..
BROWARD
PROCUREMENT SERVICES
Cypress Creek Administrative Center
6400 NW 6'Way, Fort Lauderdale, FL 33309
COLLEGE
Phone 954-201-7455/Fax 954-201-7330
September 19, 2022
SHENANDOAH GENERAL CONSTRUCTION LLC
1888 NW 22nd Street
Pompano Beach, FL 33069
Attention: Daniel DiMura, President
Email: d.dimura@shenandoahus.com
Dear Mr. DiMura,
This letter shall serve to provide notice of Broward College's intent to exercise the second renewal option
for an additional one year pursuant to the Broward College Contract RFP-2018-167-EH for STORM
DRAIN CLEANING, REPAIRS AND MAINTENANCE, for uninterrupted services for collegewide
locations.
Therefore, let this act as notice, and if agreeable to the one-year renewal option at the same terms and
conditions, please sign below and return original copy for our files via U.S. Mail, via fax to (954) 201-
7330, or email as a PDF to oaponte(abroward.edu.
It is necessary that your company provide the College with an updated Certificate of Insurance.
The College would like to thank you for the services provided so far and hopes our association continues
in the same manner for both parties.
CONTRACT PERIOD: November 27, 2022 through November 26, 2023
If there are any questions, please feel free to contact Orlando Aponte, Procurement Officer, at (954)
201-7897 or email oapontebroward.edu.
Sincerely,
DocuSlyned by:
1
an'Hansen
Associate Vice President, Procurement& Risk Management
Cc: Marcus Wilson, Associate Vice President, Facilities Collegewide Maintenance
RFP-2018-167-EH File
TYPE/PRINT NAME TITLE
Daniel DiMura President
SIGNATURE DATE
09/20/2022
Signee warrants that he or she has full legal power to execute this document on behalf of the stated company_
AN EQUAL ACCESS/EQUAL OPPORTUNITY INSTITUTION
di ilk BROWARIY
'� CC)LLEGE
Storm Drain Cleaning,
Repairs and Maintenance
RFP-2018- 167-EH
çENANc D
BROWARCypress Creek Administrative Center
14e COLLEGE 6400 N.W. 6th Way,Fort Lauderdale,FL 33309
Phone 954-201-7455/Fax 954-201-7330
www.broward.edu broward.edu/community/vendor
SUPERCEDES LETTTER DATED NOVEMBER 30,2018
October 8,2019
Ms. Margaret Lary,
Shenandoah General Construction Company
1888 NW 222nd St.
Pompano Beach, FL 33069 email:margaret.larv(a shenandoahconstruction.com
Dear Ms.Lary:
This is to confirm that your response for Storm Drain Cleaning, Repairs and Maintenance (term contract),contract
RFP-2018-167-EH,has been approved by the College.
Pursuant to the terms and conditions of this solicitation, it is necessary that your company provides the College with a
Certificate of Insurance within ten(10)days of this notification. "The District Board of Trustees of Broward College,Florida"
shall be named as an additional insured under the General Liability policy. The address in the Certificate Holder box is to
read: "The District Board of Trustees of Broward College, Florida, Office of Risk Management, 6400 N.W. 6th Way, Fort
Lauderdale,FL 33309". Please include the solicitation number on the certificate.
We request that your firm register as a vendor with Broward College; this will allow us to issue purchase orders or make
payments against invoices to your company.To register,please use the following link to complete the process:
http://www.broward.edu/community/vendor/Pagesldefaultaspx
The initial term of this contract is thirty-six(36)months from the date of this contract award. This contract includes three(3)
additional,one-year renewal options subject to the College's approval. The Procurement Services Office reserves the right to
issue each Option-to-Renew,in the best interest of the College.The initial term shall be:
CONTRACT PERIOD:November 27,2018 through November 26,2021
If there are any questions,please feel free to contact Eileen Hunt, Procurement Contracting Officer,at(954)201-5317.
Sincerely
Z. . "iollano,CPPB
Director,Strategic Sourcing
Attachment:fully executed contract •
cc: RFP-2018-167-EH File
Kenneth Klindt,Senior AVP,Facilities Management
Sean Devaney,AVP,Facilities Collegewide Maintenance
AN EQUAL ACCESS/EQUAL OPPORTUNITY INS t a ul1or
A BROWARD"
tQACOLLEGE
www.broward.edu
CONTRACT FOR SERVICES
TERMS AND CONDITIONS
This contract for services("Contract") is entered into as of _2018 between
the District Board of Trustees of Broward College, Florida("College") and
Shenandoah General Construction Company ("Vendor")
(collectively, the"Parties"),will be in effect until 3 years after execution ("Contract").
1.INVOICES AND PAYMENTS.
A copy of all invoices (including an itemization of the date,hours expended, and description of the
deliverable) shall be sent to the attention of Sean Devaney,sdevaneyAbroward.edu
Invoices may be submitted via email,facsimile or U.S.mail. The time at which payment will be
due from the College will be approximately thirty(30)days from receipt of an undisputed invoice,
acceptance of deliverables,and upon satisfaction of the College conditions that are detailed herein.
2.INDEMNIFICATION.
For value received,the Vendor shall indemnify and hold the College, its officers, directors,board
of trustees, agents, assigns, and employees harmless from liabilities, damages, losses and costs,
including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence,
recklessness or intentionally wrongful conduct of the Vendor and other persons employed or utilized
by the Vendor in the performance of the Contract. The Vendor further acknowledges that it is solely
responsible for ensuring its compliance and the compliance of its subcontractors,suppliers,agents,
assigns, invitees and employees with the terms of this Contract. This paragraph shall survive the
expiration or termination of this Contract.
3. INDEMNIFICATION FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
CLAIMS.
For value received,the Vendor shall indemnify and hold the College,its officers,directors,board
of trustees, agents, assigns, and employees harmless from liabilities, damages, losses and costs,
including, but not limited to reasonable attorneys' fees for any claim or lawsuit brought alleging
infringement of any intellectual property right based on any software, books, articles or any other
materials("Materials")used by Vendor in accordance with this Contract. Vendor warrants that the
materials are owned by or licensed to the Vendor. Vendor is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and
employees with the terms of this Contract. This paragraph shall survive the expiration or
termination of this Contract.
4.TERNIINATION FOR DEFAULT.
A"material breach"of this Contract is defined as any substantial,unexcused non-performance by
failing to perform an act that is an important part of the transaction or performing an act
inconsistent with the terms and conditions of the Contract. If the Vendor materially fails to fulfill
its obligations under this Contract, the College will provide written notice of the deficiency by
forwarding a Cure Notice citing the specific nature of the material breach. The Vendor shall have
thirty(30)days to cure the breach. If the Vendor fails to cure the breach within the thirty(30)day
period, the College shall issue a Termination for Default Notice. The College may pursue
whatever legal and/or equitable remedies it chooses regarding Vendor's breach of contract.
5.TERMINATION FOR CONVENIENCE.
The College may terminate this Contract with or without cause at any time for convenience upon 30
calendar days'prior written notice to the Vendor. In the event of termination for convenience, the
College shall compensate the Vendor for all authorized and accepted deliverables and/or services
completed through the date of termination in accordance with the Statement of Work, which is
attached hereto and incorporated herein as Exhibit"A." The College shall be relieved of any and all
future obligations hereunder, including but not limited to lost profits and consequential damages,
under this Contract. The College may withhold all payments to the Vendor for such work until such
time as the College determines the exact amount due to the Vendor.
6.AUDIT.
The Vendor shall maintain all records,books and documents pertinent to the performance of this
Contract in accordance with generally accepted accounting principles consistently applied. The
College shall have inspection and audit rights to such records for a period of 3 years from final
payment under this Contract. Records relating to any legal disputes arising from performance
under this Contract shall be made available until final disposition of the legal dispute.If the audit
reveals that Vendor owes the College any funds,Vendor shall pay for the audit and return all funds
to the College immediately.
7.NONDISCRIMINATION.
The Vendor hereby assures that no person shall be excluded on the grounds of race,color,religion,
national origin, disability, age gender, marital status, sexual orientation or any other basis
prohibited by law from participation in, denied the benefits of, or otherwise be subjected to
discrimination in any activity hereunder. The Vendor shall take all measures necessary to
effectuate these assurances.
8.PUBLIC ENTITY CRIMES/SDN LIST.
The Vendor, by its execution of this Contract,acknowledges and attests that neither it,nor any of its
suppliers,subcontractors,affiliates or consultants who shall perform work which is intended to benefit
the College, is a State of Florida convicted vendor or is included on the State of Florida's
discriminatory vendor list. The Vendor further understands and accepts that this Contract shall be
either void or subject to immediate termination by the College, in the event there is any
misrepresentation or lack of compliance with the laws and the mandates of Section 287.133 or Section
287.134,respectively, Florida Statutes. The College, in the event of such termination,shall not incur
any liability to the Vendor for any work or materials furnished.
Page 2 of 10 Contract for Services SBL 1/26/2017
9.PUBLIC RECORDS/REQUEST FOR CONTRACTOR RECORDS.
The Vendor shall allow public access to all project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the Vendor assert any exemptions to the
requirements of Chapter 119 and related statutes,the burden of establishing such exemption,by way
of injunctive or other relief as provided by law, shall be upon the Vendor and Vendor shall bear all
costs and fees related to the same.
If the Vendor meets the definition of"contractor"under Section 119.0701,Florida Statutes,in addition
to other contract requirements provided by law, the Vendor must comply with public records laws,
and shall:
(a) Keep and maintain public records required by the College to perform the service.
(b) Upon request from the College,provide the College with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Vendor does not transfer the
records to the College.
(d) Upon completion of the Contract, transfer, at no cost, to the College all public records in
possession of the Vendor or keep and maintain public records required by the College to
perform the service. If the Vendor transfers all public records to the College upon completion
of the Contract, the Vendor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Vendor keeps
and maintains public records upon completion of the contact, the Vendor shall meet all
applicable requirements for retaining public records. All records stored electronically must
be provided to the College,upon request from the College's custodian of public records,in a
fonnat that is compatible with the information technology systems of the College
(e)IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119,FLORIDA STATUTES,TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE COLLEGE AT (954) 201-7639,
LEGALSERVICES@BROWARD.EDU, OR 111 EAST LAS OLAS
BOULEVARD,#523,FORT LAUDERDALE,FL 33301.
IN ADDITION, THE VENDOR ACKNOWLEDGES THAT THE COLLEGE
CANNOT AND WILL NOT PROVIDE LEGAL ADVICE OR BUSINESS ADVICE
TO THE VENDOR WITH RESPECT TO ITS OBLIGATIONS PURSUANT TO
THIS SECTION RELATED TO PUBLIC RECORDS. THE VENDOR FURTHER
ACKNOWLEDGES THAT IT WILL NOT RELY ON THE COLLEGE OR ITS
COUNSEL TO PROVIDE SUCH BUSINESS OR LEGAL ADVICE,AND THAT
THE VENDOR IS HEREBY ADVISED TO SEEK BUSINESS/LEGAL ADVICE
WITH REGARD TO PUBLIC RECORDS MATTERS ADDRESSED BY THIS
CONTRACT. THE VENDOR ACKNOWLEDGES THAT ITS FAILURE TO
Page 3 of 10 Contract for Services SBL 1/26/2017
COMPLY WITH FLORIDA LAW AND THIS CONTRACT WITH RESPECT TO
PUBLIC RECORDS SHALL CONSITUTE A MATERIAL BREACH OF THIS
CONTRACT AND GROUNDS FOR TERMINATION PURSUANT TO
PARAGRAPH 4.
10.NO WAIVER OF SOVEREIGN IMMUNITY.
Nothing contained herein shall be construed or interpreted as:(1)denying to either party any remedy
or defense available to such party under the laws of the State of Florida or the United States; (2)the
consent of the State of Florida or their respective officers, employees, servants,agents,agencies,or
public bodies corporate to be sued; or(3)a waiver of sovereign immunity of the State of Florida or
the United States by any agency or political subdivision to which sovereign immunity may be
applicable or of any rights or limits to liability existing under Florida Statutes Section 768.28 or
beyond that provided by applicable law. This section shall survive the termination of all performance
or obligations under this Contract and shall be fully binding until such time as any proceeding brought
on account of this Contract is barred by any applicable statute of limitations.
11.COLLEGE'S TAX EXEMPTION.
The Vendor shall not utilize the College's tax exemption certificate number issued pursuant to Sales
and Use Tax Law, Chapter 212, Florida Statutes, when purchasing materials used to fulfill its
contractual obligations with the College. The Vendor shall be responsible and liable for the payment
of all applicable FICA/Social Security and other taxes resulting from this Contract.
12.ASSIGNMENT/GUARANTOR.
The Vendor shall not assign, delegate or otherwise transfer its rights and obligations as set forth in
this Contract without the prior written consent of the College. Any attempted assignment in violation
of this provision shall be null and void. The Vendor shall not pledge the College's credit or make the
College a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any
form of indebtedness. Pledging the College's credit shall also be construed to include the use of
"factoring agents"or the practice of selling business accounts receivables to a third party at a discount
for the purpose of obtaining funding which is also expressly prohibited.
13.FORCE MAJEURE.
Notwithstanding any provisions of this Contract to the contrary,the Parties shall not be held liable for
any failure or delay in the performance of this Contract that arises from fires, floods, strikes,
embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of
government, riots, civil commotion,force majeure, act of God, or for any other cause of the same
characterwhich is unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perform shall be excused during the continuance of such circumstances,but this Contract
shall otherwise remain in effect.
14.AMENDMENTS.
This Contract may be amended only when reduced to writing and signed by both Parties.
Page 4 of 10 Contract for Services SBL 1/26/2017
15.ENTIRE AGREEMENT.
This Contract states the entire understanding and agreement between the Parties and no course or
prior dealing, usage of the trade or extrinsic or parol evidence shall be relevant to supplement,vary
or explain any term used with respect to this Contract. The acceptance or acquiescence of any course
of performance rendered under this Contract shall not be construed as a waiver nor shall it be relevant
to define or vary any term stated herein. This Contract shall inure to the benefit of and shall be binding
upon the Parties, their respective assigns and successors in interest.
16.COMPLIANCE.
The Vendor,its employees,subcontractors or assigns shall comply with all applicable federal,state
and local laws and regulations relating to the performance of the Contract.
17. APPLICABLE LAW/VENUE.
The laws of the State of Florida shall govern all aspects of the Contract. In the event it is necessary
for either Party to initiate legal action regarding the Contract, venue for all claims shall be in
Broward County,Florida.
18.VENDOR NOT TO LIMIT WARRANTY.
The Vendor shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this Contract void,at the option of the College. The Vendor warrants that the services comply
with the deliverables in the Statement of Work,and are expressly fit for their particular purpose,and
are in accordance with industry standards.
19.TERMS/PROVISIONS.
Should any term or provision of this Contract be held,to any extent, invalid or unenforceable, as
against any person,entity or circumstance during the term hereof, by force of any statute, law,or
ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or
provision of this Contract, and the Contract shall remain operable,enforceable and in full force and
effect to the extent permitted by law.
20.STATEMENT OF SERVICES.
The Vendor shall, to the satisfaction of the College, fully and timely perform all work items
described in the Statement of Work. As part of the services to be provided by the Vendor under
this Contract,the Vendor shall substantiate,in whatever form reasonably requested by the College,
the methodology, lab analyses, scientific theories, data,reference materials and research notes to
formulate its opinions. This requirement shall survive the expiration or termination of this
Contract. The Parties agree that time is of the essence in the performance of each and every
obligation hereunder. It is the Vendor's responsibility to advise its employees or hired workers of the
nature of the project, as described in the Contract and the Statement of Work attached hereto. The
Vendor shall determine the method, details and means of performing the services, within the
parameters established by the Statement of Work. The College may provide additional guidance and
instructions to the Vendor's employees or hired workers where necessary or appropriate as determined
by the College. The Vendor agrees to abide by any and all additional guidance and instructions.
Page 5 of 10 Contract for Services SBL 1/26/2017
21.COMPENSATION/CONSIDERATION.
The total consideration for all work required by the College pursuant to the Contract shall not exceed
the amount indicated in the Statement of Work. Should the Vendor incur any travel expenses,payment
for such travel will be in accordance with Section 1I2.061,Florida Statutes. The Vendor shall supply
the College with receipts and supporting documentation for all reimbursable travel expenses. The
Vendor,by executing the Contract, certifies to truth-in-negotiation, specifically, that wage rates and
other factual unit costs supporting the consideration are accurate,complete and current at the time of
contracting. If the total consideration for this Contract is subject to multi-year funding allocations,
funding for each applicable fiscal year of this Contract will be subject to College Board of Trustees
budgetary appropriation. In the event the College does not approve funding for any subsequent fiscal
year, this Contract shall terminate upon expenditure of the current funding, notwithstanding other
provisions in this Contract to the contrary. The College will notify the Vendor of the termination in
writing.
22.INSURANCE.
The insurance requirements in terms of types of insurance and the amount of insurance will vary
depending on the Statement of Work.The College will determine the amounts and types of insurance
required, if any,for the work performed. The Vendor shall procure and maintain,through the term of
this Contract, insurance coverage required by the College, each with a limit of not less than
$3,000,000 in general liability insurance, $1,000,000 in automobile liability
insurance,$0 in professional liability insurance,and all Florida statutorily required
workers' compensation insurance. The coverage required shall extend to all employees and
subcontractors of the Vendor. The Vendor must provide a Certificate of Insurance completed in full,
indicating the producer, insured, carrier's name, and Best rating,policy numbers and effective and
expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by
an authorized representative and shall identify the College as an additional insured as required.
No work is authorized until such time as the College has received a Certificate of Insurance in
compliance with the above requirements.
23. OWNERSHIP.
The College shall retain exclusive title, copyright and other proprietary rights in all work items,
including, but not limited to, all documents, technical reports, research notes, scientific data,
computer programs, including the source and object code, which are developed, created or
otherwise originated hereunder by the Vendor under this Contract. The Vendor shall grant to the
College a perpetual,non-transferable,exclusive right to use any proprietary software, if any. Any
equipment purchased by the Vendor with College funding shall be returned and title transferred
from the Vendor to the College upon expiration or termination of the Contract.
24.COMPLIANCE/LICENSES.
The Vendor,its employees, subcontractors or assigns,shall obtain,at its own expense,all licenses,
permits and other authorizations necessary to comply with all applicable federal, state and local
laws and regulations relating to the performance of the Contract. The Vendor is also responsible
for compliance with all labor and employment laws as well as all Federal, State, and local
discrimination laws. The Vendor is solely responsible for compliance with all labor and tax laws
pertaining to its officers, agents,and Vendor employees and shall indemnify and hold the College
harmless from any failure by Vendor to comply with such laws.
Page 6 of 10 Contract for Services SBL 1/26/2017
25. INDEPENDENT CONTRACTOR.
The Vendor shall be considered an independent contractor and nothing in this Contract shall be
interpreted to establish any relationship other than that of an independent contractor between the
Parties and their respective employees, agents, subcontractors or assigns,during or after the term of
the Contract. Both Parties are free to enter into contracts with other Parties for similar services. The
College assumes no duty with regard to the supervision of the Vendor and the Vendor shall remain
solely responsible for compliance with all safety requirements and for the safety of all persons and
property at the site of performance under the Contract. In the event the Vendor is a sole proprietor,
the Vendor is responsible for submitting legally required tax returns to the Federal Government.
26.DISPUTES.
In the event a dispute arises which the Vendor and the College cannot resolve between themselves,
the Parties shall have the option to submit to nonbinding mediation. The mediator or mediators shall
be impartial, shall be selected by the Parties and the cost of the mediation shall be borne equally by
the Parties. The mediation process shall be confidential to the extent permitted by law. Mediation
shall not occur unless both Parties agree in writing.
27.IMMIGRATION.
The Vendor shall be responsible for verifying employee authorization to work in the U.S.and make
a good faith effort to properly identify employees by timely reviewing and completing appropriate
documentation, including but not limited to, USCIS Form 1-9. Written verification shall be kept by
the Vendor and made available for inspection on demand by the College. The hourly rate of pay for
each employee shall comply with State law and industry standards for similar work performed under
the Contract.The Vendor shall maintain records verifying the rate of pay for each employee working
on this Contract and make such records available for inspection on demand by the College. Failure
to comply with these provisions shall be a material breach of the Contract and cause for termination
of the Vendor.
28.CHANGE IN PERSONNEL.
The College may at any time and at its sole discretion request that the Vendor replace any Vendor
personnel provided by the Vendor to work on this Contract if the College believes that it is in the best
interest of the College to do so. The College may, but will not be required to, provide a reason for
requesting the replacement of personnel. Such change in personnel shall be made immediately upon
the College's written request for a change of personnel. The Vendor shall place the above language
in any contract that it has with subcontractors. The Vendor will enforce the replacement of
subcontractor personnel upon a request by the College.
29.BACKGROUND CHECKS.
This clause applies to long term Vendors working on site,including,but not limited to,Childcare
services. Janitorial Services, Food Services and Security. Vendor shall conduct thorough
background checks for all of the Vendor's employees or hired workers who will be working on
any College site. The background checks shall consist of education verification, a national
criminal check for state and federal felonies and misdemeanors,and a check on immigration status
in accordance with the above provision titled"IMMIGRATION." After reviewing the results of
the background check,the Vendor shall determine whether the Vendor's employee and/or hired
worker meets the necessary criteria for the position sought to be filled by the College. The College
Page 7 of 10 Contract for Services SBL 1/26/2017
will rely on the Vendor's assessment of its employees' or hired workers' suitability to be hired for
the position(s)sought to be filled by the College,based on the background check conducted by the
Vendor. Prior to allowing any employees or hired workers to work on-site at College facilities,
the Vendor will provide written verification to the College that a complete background check,as
described above,was conducted for any such employee or hired worker. The Vendor will place
the above language in any contract that it has with its subcontractors and is responsible for
enforcement of this provision.
Vendor who has long term onsite workers performing work at College facilities agrees to be
bound by the College policies and standards of conduct listed in the "Contractor Policy Code
Acknowledgement Form,"which is attached hereto and incorporated herein as Exhibit"B."
30.MARKETING.
Vendor may use the College's name in marketing materials for the purpose of publicizing contract
awards;however, Vendor is prohibited from obtaining affirmations from College staff regarding
its products or services. Affirmations include any kind of testimonials or endorsements of the
Vendor as well as the products and/or services offered by the Vendor. The College, as a
government entity, must fairly and equitably compete for goods and services, and therefore the
endorsement of any particular firm, product, or service is strictly prohibited. Vendor is strictly
prohibited from releasing any statements to the media regarding work performed under this
Contract without the review,and the express prior written approval of the College. The College's
approval is at its sole discretion;however,such approval will not be unreasonably withheld.
31.EMPLOYMENT BENEFITS.
Vendor expressly understands and agrees that Vendor, its officers, agents,and employees,are not
entitled to any employment benefits from the College.
32. STOP WORK ORDER.
The College may order that all or part of the work stop if circumstances dictate that this action is in
the College's best interest. Such circumstances may include, but are not limited to, unexpected
technical developments,direction given by the College's Board of Trustees,a condition of immediate
danger to the College,the Vendor or the public,or the possibility of damage to equipment or property.
This provision shall not shift responsibility for loss or damage,including but not limited to,lost profits
or consequential damages sustained as a result of such delay,from the Vendor to the College. If this
provision is invoked,the College shall notify the Vendor in writing to stop work as of a certain date
and specify the reasons for the action, which shall not be arbitrary or capricious. The Vendor shall
then be obligated to suspend all work efforts as of the effective date of the notice and until further
written direction from the College is received. If deemed appropriate by the College and in the event
work is resumed, the College may amend this Contract to reflect any changes to the Statement of
Work and/or the project schedule.
Page 8 of 10 Contract for Services SBL 1/26/2017
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33.ADDITIONAL TERMS AND CONDITIONS.
Parties shall initial here if there are any add.tional terms and conditions and they are contained in
Exhibit"C."
College Vendor
FOR VENDOR USE ONLY
Vendor Name(type) Shenandoah General Const.Co. Tax ID Na. 59-1707673
Authorized
Representative Daniel DiMura Title Vice President
1888 NW 22 Street,Pompano
Beach,FL 33069 954-975-0098
Address Telephone
Signature of Vendor / I Date J( /49t JiR
Attested By Name(type) k� ;L J' \��/a, Title �ia_.za.A
Signature of Attester � - e ,Z ate Signed _L/a /
Page 9 of 10 Contract for Services SBL 1/26/2017
FOR COLLEGE USE ONLY
Contract Originator Name Title
Signature Date
AVP/Dean Name Title
Signature Date
Campus President/VP Name Title
Signature Date
Senior Vice President Thomas w. olliff Title svP, Administrative services
EVA,494ActS
OocuSigned by:
Signature (1a. Miff Date 11/27/2018
A1287F44EO6O457._
IF REQUIRED
College President Name
Signature Date
Approved as to Form and Legality
Signature Date
Board Chairperson Name
Signature Date
Page 10 of 10 Contract for Services SBL 1/26/2017
�YROWAR D
ViACOI,T FC1F,
Contract for Services
Statement of Work
Exhibit"A"
•
CONTRACT TERM AND RENEWALS: The contract commences on the date of the last
executed signature and continues for a period of three(3)years. The term of the contract may,by
mutual agreement between College and the Vendor, upon final College approval, be renewed for
three (3) additional one-year periods, and if needed, extended for 90 days beyond the expiration
date of the fmal renewal period. Procurement Services Department will, if considering renewal,
request a letter of intent to renew from each Vendor. The Vendor will be notified when the
recommendation has been acted upon by the College. All prices submitted shall be firm for the
term of the contract unless agreed to otherwise in writing.
This contract includes the terms and conditions and provisions of RFP-2018-167-EH and the
Vendors response.In the event of a conflict between the documents,the order of priority shall be
as follows:
1) Contract
2) Amendments to the RFP, if any, with the latest taking precedence and
chronologically thereafter
3) RTQ
4) Amendments to the Vendor response/proposal, if any, with the latest taking
precedence and chronologically thereafter
5) Vendor response/proposal
SCOPE
Vendor(s)shall provide Storm Drain Cleaning,Repairs and Maintenance at college-wide locations
as identified and described by the Facilities Department.The Vendor shall provide the services on
an as-needed and project-by-project basis, based on the needs of the College, which will be
described in subsequent Purchase Order(s)to be issued.
LICENSE(S)
The Proposer will be responsible for obtaining and paying for all necessary licenses and permits,
and providing copies to College representative. Proposer will maintain all appropriate licenses
and permits specified by Broward County and any appropriate agency of State of Florida,and shall
provide copies of these licenses and/or permits to College upon request. Failure to maintain
required licenses and permits shall be cause for termination.
FLORIDA STATE: CERTIFIED GENERAL CONTRACTOR;
ABROWARD
COT.T.FGE
OR
CERTIFIED PLUMBING CONTRACTOR;
OR
CERTIFIED UNDEGROUND UTILITY AND EXCAVATION CONTRACTOR;
OR
BROWARD COUNTY:
CERTIFIED BUILDING CONTRACTOR CLASS"A";
(MUST BE REGISTERED WITH THE STATE OF FLORIDA)
OR
CENTRAL MASTER PLUMBER;
(MUST BE REGISTERED WITH THE STATE OF FLORIDA)
OR
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
subcontractor.
PERMITS/FEES
College will pay permit fees directly to its Consultant(s); Storm Drain Vendor is not required to
pay permit fees.
Other than permit fees,the Vendor shall be responsible for obtaining and paying fees.Payment for
fees shall be reimbursed to the Vendor utilizing"pass-tbru". Such fees include,but are not limited
to,fees and dumping fees for all line items.A copy of the dumping fees receipt shall be submitted
with the Vendor's invoice for payment. The College will not pay for illegal or improper disposal
of debris/waste.Vendor will invoice the College for reimbursement.No mark-up shall be allowed.
DEBRIS,WASTE AND CHEMICALS
ABROWAREI
COT,LEGF,
Vendor(s) shall be responsible for the prompt removal of all debris,which is a result of services.
Vendor(s) shall apply and dispose of all chemicals and waste in a manner that complies with all
local,state and federal laws and regulations
SUBCONTRACTORS
Due to environmental and liability concerns,no subcontracting will be allowed.
TRAFFIC CONTROL
Vendor(s)shall be responsible for training and compliance with all OSHA standards pertaining to
confined space entry and D.O.T. regulations for traffic control. BC's representative reserves the
right to shut down any job site for unsafe conditions.
RESPONSE TIME
Schedule for routine maintenance shall be coordinated with the College.
All regular maintenance shall be performed during the College's normal working hours(7:00 A.M.
to 4:00 P.M.;Monday through Friday)unless otherwise authorized by the College.
Work may be performed at hours other than normal business hours at the direction and discretion
of the College's Facilities Management Department Site Representative. Arrangements must be
approved in advance.
The Vendor shall stand ready and be available to perform overtime work when requested to do so
by the owner.
Due to the nature of the College's operational needs, Vendor understands and agrees that it may
be necessary to perform certain service or repairs during non-normal work hours, including
weekends and holidays. All work times shall be coordinated with the College.
If College requests an Emergency Mobilization and provides a verbal scope to the Vendor, the
Vendor shall have six(6)hours to set up at the site of the emergency and begin work.The Vendor
must submit an estimate to the College within 24 hours of the day of emergency mobilization.
Vendor(s) shall provide a contact person to ensure twenty-four hours response.
t( coi I.FC-INF,
EMERGENCY CALL-OUT
Emergency call-out is responding on short notice to perform any of the sevices listed in this RFP.
This may be required outside of normal working hours such as after 4:00 p.m. or on weekends or
holidays. Emergency call out response time will be two (2) hours after initial contact with
Vendor(s).Vendor(s)should submit and maintain a valid emergency list consisting of no less than
three(3)local contact numbers for no less than three(3)company representatives to be submitted
with the bid or upon request.
PROTECTION OF EXISTING FACILITIES
The Vendor shall take all necessary precautions during the period of the service to protect existing
facilities from damage by workmen and shall repair or replace, at its; own expense, any damage
to property caused by their employees or suppliers.
CLEANING UP
The Vendor at all times shall keep the premises free from accumulation of waste materials and
rubbish caused by their operations and from leaks and spillage from equipment. Upon completion
of the work,he shall remove all their waste materials and rubbish from and about the installation,
as well as all their tools,equipment,machinery, and surplus materials,and shall clean all building
surfaces and leave the work area clean.
CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER(FORCE MAJEURE)
Proposer shall provide first-priority services to the College in the event of a hurricane, flood or
other natural disaster. It is hereby made a part of this RFP that before, during and after a public
emergency, disaster, hurricane, flood or other force majeure that College shall require a "first
priority"basis for goods and services. It is vital and imperative that the majority of citizens are
protected from any emergency situation which threatens public safety and health, as determined
by the Associate Vice President for Business Services &Resource Management. Vendor agrees
to rent/sell/lease all goods and services to the College or other governmental entities, as opposed
to a private citizen or corporation, on a first priority basis. College expects to pay a fair and
reasonable price for all products/services in the event of a disaster,emergency or hurricane.Vendor
shall furnish a twenty-four(24)hour telephone number in the event of such an emergency.
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PRICE PROPOSAL FORM (ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
Contract for Services
Prices
Exhibit A-1
UNIT PRICE
(to two decimal
ITEM DESCRIPTION UNIT QUANTITY places) TOTAL
TV Viewing
1 Storm Drain{Video Camera) Observation 0-48" Log/Written Report Linear Ft 1 $6.00 $6.00
2 Storm Drain{Video Camera) Observation 49"-72" Log/Written Report Linear Ft 1 $20.00 $20.00
3 Cleaning Box Culverts of Debris and Bituminous Materials Removed Per Ft 1 $30.00 $30.00
Plug Installation & Removal {Includes Minimum Weekly Rental)for:
4 0"to 12" Cross/Side Drain or Equivalent Elliptical Circumference Week Week 1 $1.00 $1.00
5 15"to 30"Cross/Side Drain or Equivalent Elliptical Circumference Week Week 1 $5.00 $5.00
6 36"to 42"Cross/Side Drain or Equivalent Elliptical Circumference Week Week 1 $10.00 $10.00
7 48"to 60"Cross/Side Drain or Equivalent Elliptical Circumference Week Week 1 $15.00 $15.00
8 72"to 96"Cross/Side Drain or Equivalent Elliptical Circumference Week Week 1 $25.00 $25.00
Pumping
9 4"hydraulic Pump (with up to 1000'of discharge hose) Hours 1 $25.00 $25.00
10 6"hydraulic Pump (with up to 1000'of discharge hose) Hours 1 $35.00 $35.00
11 8"hydraulic Pump (with up to 1000'of discharge hose) Hours 1 $40.00 $40.00
GENERAL MAINTENANCE AND REPAIRS
Slip Lining or Equivalent Elliptical Circumference with HOPE Smooth Wall Fused Pipe
12 Slip Lining 15"Pipe Linear Ft 1 $67.00 $67.00
13 Slip Lining 18" Pipe Linear Ft 1 $75.00 $75.00
14 Slip Lining 24" Pipe Linear Ft 1 $80.00 $80.00
15 Slip Lining 30" Pipe Linear Ft 1 $95.00 $95.00
16 Slip Lining 36" Pipe Linear Ft 1 $130.00 $130.00
Page 1 of 12
PRICE PROPOSAL FORM(ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
UNIT PRICE
(to two decimal
ITEM DESCRIPTION UNIT QUANTITY places) TOTAL
17 Slip Lining 42" Pipe Linear Ft 1 $182.00 $182.00
18 Slip Lining 48"Pipe Linear Ft 1 $305.00 $305.00
19 Slip Lining 54"Pipe Linear Ft 1 $322.00 $322.00
20 Slip Lining 60"Pipe Linear Ft 1 $370.00 $370.00
21 CIPP 15"Pipe 15 x 6.7 mm(Buria I Depth is 0-6') Linear Ft 1 $70.00 $70.00
22 CIPP 15"Pipe 15 x 8.2 mm(Burial Depth is 6-12') Linear Ft 1 $75.00 $75.00
23 CIPP 18"Pipe x 8.1 mm(Burial Depth is 0-6') Linear Ft 1 $82.00 $82.00
24 CIPP 18"Pipe x 9.7 mm(Burial Depth is 6-12') Linear Ft 1 $85.00 $85.00
25 CIPP 24" Pipe x 10.1 mm(Burial Depth is 0-6') Linear Ft 1 $96.00 $96.00
26 CIPP 24"Pipe x 12.4 mm(Burial Depth is 6-12') Linear Ft 1 $105.00 $105.00
27 CIPP 30"Pipe x 13.5 mm(Burial Depth is 0-6') Linear Ft 1 $121.00 $121.00
28 CIPP 30"Pipe x 15.4 mm(Burial Depth is 6-12') Linear Ft 1 $126.00 $126.00
29 CIPP 36" Pipe x 17.2 mm(Burial Depth is 0-6') Linear Ft 1 $146.00 $146.00
30 CIPP 36"Pipe x 18.1 mm(Burial Depth is 6-12') Linear Ft 1 $162.00 $162.00
31 CIPP 42"Pipe x 20.9 mm(Burial Depth is 0-6') Linear Ft 1 $210.00 $210.00
32 CIPP 42"Pipe x 20.6 mm(Burial Depth Is 6-12') Linear Ft 1 $210.00 $210.00
33 CIPP 48"Pipe x 25.2 mm(Burial Depth is 0-6') Linear Ft 1 $258.00 $258.00
34 CIPP 48"Pipe x 22.6 mm(Burial Depth is 6-12') Linear Ft 1 $259.00 $259.00
35 CIPP 54"Pipe x 28.2 mm(Burial Depth is 0-6') Linear Ft 1 $431.00 $431.00
36 CIPP 54"Pipe x 24.7 mm(Burial Depth is 6-12') Linear Ft 1 $431.25 $431.25
37 CIPP 60" Pipe x 30.3 mm(Burial Depth is 0-6') Linear Ft 1 $573.00 $573.00
38 CIPP 60"Pipe x 27.3 mm(Burial Depth is 6-12') Linear Ft 1 $550.00 $550.00
39 CIPP 66"Pipe x 31.6 mm(Burial Depth is 0-6') Linear Ft 1 $671.00 $671.00
40 CIPP 66"Pipe x 29.1 mm (Burial Depth is 6-12') Linear Ft 1 $661.00 $661.00
41 CIPP 72" Pipe x 30.4 mm Linear Ft Linear Ft 1 $772.00 $772.00
42 CIPP 84" Pipe x 35.5 mm Linear Ft Linear Ft 1 $895.00 $895.00
Page 2of12
PRICE PROPOSAL FORM (ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
UNIT PRICE
(to two decimal
ITEM DESCRIPTION UNIT QUANTITY places) TOTAL
43 CIPP 96"Pipe x 40.6 mm Linear Ft Linear Ft 1 $1,100.00 $1,100.00
PIPE CLEANING
Pipe Cleaning and Sediment removal(Light Cleaning)
44 Cleaning and Sediment Removal 15"Pipe Linear Ft 1 $0.50 $0.50
45 Cleaning and Sediment Removal 18" Pipe Linear Ft 1 $0.75 $0.75
46 Cleaning and Sediment Removal 24"Pipe Linear Ft 1 $1.00 $1.00
47 Cleaning and Sediment Removal 30"Pipe Linear Ft 1 $1.25 $1.25
48 Cleaning and Sediment Removal 36"Pipe Linear Ft 1 $1.50 $1.50
49 Cleaning and Sediment Removal 42"Pipe Linear Ft 1 $2.00 $2.00
50 Cleaning and Sediment Removal 48" Pipe Linear Ft 1 $2.50 $2.50
51 Cleaning and Sediment Removal 54"Pipe Linear Ft 1 $2.75 $2.75
52 Cleaning and Sediment Removal 60"Pipe Linear Ft 1 $3.00 $3.00
53 Cleaning and Sediment Removal 66"Pipe Linear Ft 1 $4.00 $4.00
54 Cleaning and Sediment Removal 72" Pipe Linear Ft 1 $5.00 $5.00
55 Cleaning and Sediment Removal 84" Pipe Linear Ft 1 $6.00 $6.00
56 Cleaning and Sediment Removal 96"Pipe Linear Ft 1 $7.00 $7.00
Pipe Cleaning and Sediment Removel(Medium Cleaning)
57 Cleaning and Sediment Removal 15"Pipe Linear Ft 1 $1.00 $1.00
58 Cleaning and Sediment Removal 18"Pipe Linear Ft 1 $1.25 $1.25
59 Cleaning and Sediment Removal 24" Pipe Linear Ft 1 $1.50 $1.50
60 Cleaning and Sediment Removal 30" Pipe Linear Ft 1 $2.00 $2.00
61 Cleaning and Sediment Removal 36"Pipe Linear Ft 1 $2.50 $2.50
62 Cleaning and Sediment Remova I 42"Pipe Linear Ft 1 $3.25 $3.25
63 Cleaning and Sediment Removal 48" Pipe Linear Ft 1 $3.50 $3.50
64 Cleaning and Sediment Removal 54" Pipe Linear Ft 1 $4.00 $4.00
65 Cleaning and Sediment Removal 60" Pipe Linear Ft 1 $7.00 $7.00
66 Cleaning and Sediment Removal 66" Pipe Linear Ft 1 $8.00 $8.00
Page 3 of 12
PRICE PROPOSAL FORM(ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
UNIT PRICE
(to two decimal
ITEM DESCRIPTION UNIT QUANTITY places) TOTAL
67 Cleaning and Sediment Removal 72" Pipe Linear Ft 1 $10.00 $10.00
68 Cleaning and Sediment Removal 84" Pipe Linear Ft 1 $15.00 $15.00
69 Cleaning and Sediment Removal 96"Pipe Linear Ft 1 $35.00 $35.00
Pipe Cleaning and Sediment Removal(Heavy Cleaning)
70 Cleaning and Sediment Removal 15" Pipe Linear Ft 1 $5.50 $5.50
71 Cleaning and Sediment Removal 18"Pipe Linear Ft 1 $6.25 $6.25
72 72 Cleaning and Sediment Removal 24"Pipe Linear Ft 1 $7.00 $7.00
73 73 Cleaning and Sediment Removal 30" Pipe Linear Ft 1 $9.00 $9.00
74 74 Cleaning and Sediment Removal 36" Pipe Linear Ft 1 $10.25 $10.25
75 75 Cleaning and Sediment Removal 42" Pipe Linear Ft 1 $17.00 $17.00
76 76 Cleaning and Sediment Removal 48" Pipe Linear Ft 1 $19.00 $19.00
77 77 Cleaning and Sediment Removal 54" Pipe Linear Ft 1 $19.00 $19.00
78 78 Cleaning and Sediment Removal 60"Pipe Linear Ft 1 $20.00 $20.00
79 79 Cleaning and Sediment Removal 66"Pipe Linear Ft 1 $21.00 $21.00
80 80 Cleaning and Sediment Removal 72"Pipe Linear Ft 1 $23.00 $23.00
81 81 Cleaning and Sediment Removal 84"Pipe Linear Ft 1 $27.00 $27.00
82 82 Cleaning and Sediment Removal 96" Pipe Linear Ft 1 $38.00 $38.00
Pipe Cleaning and Sediment Removal(Specialty Cleaning)
83 Cleaning and Sediment Removal 15" Pipe Linear Ft 1 $10.00 $10.00
84 Cleaning and Sediment Remova 118"Pipe Linear Ft 1 $10.00 $10.00
85 Cleaning and Sediment Removal 24" Pipe Linear Ft 1 $10.00 $10.00
86 Cleaning and Sediment Remova 130"Pipe Linear Ft 1 $12.00 $12.00
87 Cleaning and Sediment Removal 36" Pipe Linear Ft 1 $15.00 $15.00
88 Cleaning and Sediment Removal 42" Pipe Linear Ft 1 $20.00 $20.00
89 Cleaning and Sediment Removal 48" Pipe Linear Ft 1 $30.00 $30.00
90 Cleaning and Sediment Removal 54" Pipe Linear Ft 1 $35.00 $35.00
91 Cleaning and Sediment Removal 60" Pipe Linear Ft 1 $40.00 $40.00
Page 4 of 12
PRICE PROPOSAL FORM(ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
UNIT PRICE
(to two decimal
ITEM DESCRIPTION UNIT QUANTITY places) TOTAL
92 Cleaning and Sediment Removal 66"Pipe Linear Ft 1 $45.00 $45.00
93 Cleaning and Sediment Removal 72"Pipe Linear Ft 1 $50.00 $50.00
94 Cleaning and Sediment Removal 84" Pipe Linear Ft 1 $60.00 $60.00
95 Cleaning and Sediment Removal 96"Pipe Linear Ft 1 $70.00 $70.00
Open Cut/Headwall Repairs&Other Services
96 Construction Foreman Hour 1 $55.00 $55.00
97 Equipment Operator Hour 1 , $150.00 $150.00
98 Laborer Hour 1 $35.00 $35.00
99 Pipe Layer Hour 1 $37.00 $37.00
100 Welding(Above&Below Water) Hour 1 $75.00 $75.00
101 Diving Crew(3 Man Team)Certified Hour 1 $450.00 $450.00
102 Crane 100 Ton&Below Hour 1 $80.00 $80.00
103 Track or Wheeled Excavator Hour 1 $50.00 $50.00
104 Stick Tracked Excavator(60'or Greater) Hour 1 $60.00 $60.00
105 Wheel Loader Hour 1 $40.00 $40.00
106 Backhoe Loader Hour 1 $30.00 $30.00
107 Bulldozer Hour 1 $15.00 $15.00
108 Double Drum Compactor Hour 1 $15.00 $15.00
109 Vibratory Plate Compactor Hr. Hour 1 $15.00 $15.00
110 100 CFM Air Compressor with Hammer Hour 1 $30.00 $30.00
111 De-Watering Hour 1 $85.00 $85.00
112 Asphalt Pavement Replacement Tons 1 $170.00 $170.00
113 Lime Rock Tons 1 $50.00 $50.00
114 Dirt Tons 1 $25.00 $25.00
115 Driveway Restoration(4"thick)Removal and Installation Sq. Ft. 1 $25.00 $25.00
116 Driveway Restoration(6"thick) Removal and Installation Sq.Ft. 1 $30.00 $30.00
117 Mitered Ends Sq.Ft. 1 $45.00 $45.00
Page 5 of 12
PRICE PROPOSAL FORM(ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
UNIT PRICE
(to two decimal
ITEM DESCRIPTION UNIT QUANTITY places) TOTAL
118 Pressure Grout Injection Joints 1 $225.00 $225.00
119 Bahia Sod Sq.Ft. 1 $1.30 $1.30
120 Floratan Sod Sq.Ft. 1 $1.50 $1.50
121 Rip Rap Rubble 6"-12" Tons 1 $75.00 $75.00
122 Rip Rap Bag(80 lb.Bags) Each 1 $12.00 $12.00
123 Concrete Pillow Blanket slope protection Square Yard 1 $55.00 $55.00
124 Silt Screen Installation&Removal per 100 ft. Each 1 $400.00 $400.00
125 Mobilization Fee Each 1 $300.00 $300.00
Material Mark Up%
-Cost Plus Percentage may not exceed 10%.
126 -A percentage of 0 or net cost is acceptable. % 1 10 $10.00
GRAND TOTAL: $13,334.30
Page 6 of 12
PRICE PROPOSAL FORM (ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
Page 7 of 12
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PRICE PROPOSAL FORM (ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
Page 8 of 12
PRICE PROPOSAL FORM (ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning, Repairs and Maintenance
Page 9 of 12
PRICE PROPOSAL FORM(ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
Page 10 of 12
PRICE PROPOSAL FORM(ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning,Repairs and Maintenance
Page 11 of 12
PRICE PROPOSAL FORM(ATTACHMENT E)
Broward College RFP-2018-167-EH
Storm Drain Cleaning, Repairs and Maintenance
Page 12 of 12