ATTACHMENT_D-_DRAFT_CONTRACT_AND_CONSTRUCTION_FORMS.pdf

Cell 3 Class I Landfill Base Liner Construction, South Landfill, Central Disposal Facility Revised 2025

ATTACHMENT D

DRAFT CONTRACT AND CONSTRUCTION FORMS

Cell 3 Class I Landfill Base Liner Construction-

South Landfill- Central Disposal Facility (CDF)

Brevard County, Florida

Bid No.: B-7-26-11

December 2025

BREVARD COUNTY SOLID WASTE MANAGEMENT DEPARTMENT

2725 Judge Fran Jamieson Way, Building A, Suite 118 Viera, Florida 32940-6602

Cell 3 Class I Landfill Base Liner Construction, South Landfill, Central Disposal Facility Revised 2025

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DRAFT CONTRACT

PROJECT BID NUMBER: Bid No. B-7-26-11 PROJECT NAME: Cell 3 Class I Landfill Base Liner Construction, South Landfill

Central Disposal Facility Solid Waste Management Department Brevard County, Florida

THIS DRAFT CONTRACT, made this ______ day of __________________, 20__ by and between the BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, (herein referred to as the “OWNER”), whose mailing address is 2725 Judge Fran Jamieson Way, Viera, FL 32940 and ___________________________________ (herein referred to as the “CONTRACTOR”), whose mailing address is _______________________________________________________________________________________________. All correspondence, submittals and notices relating to or required under this Contract shall be sent, in writing, to the CONTRACTOR’s and OWNER’s addresses above; unless either party is notified, in writing, of a change in address.

W I T N E S S E T H :

WHEREAS, it is the intent of the OWNER to obtain the services of the CONTRACTOR in connection with the construction of Cell 3 Class I Landfill Base Liner Construction, South Landfill Central Disposal Facility, thereinafter referred to as the “Project” or the “Work”; and

WHEREAS, the CONTRACTOR desires to perform such construction on the Project in accordance with the terms and conditions of this Draft Contract;

NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the OWNER and the CONTRACTOR:

Article 1

DEFINITIONS

The Contract Documents are as defined in the General Conditions. Such documents form the Contract, and all are as fully a part hereof as if attached to this Contract or repeated therein.

All terms which are defined in the Contract Documents shall have the meanings designated herein.

Article 2

STATEMENT OF THE WORK

The CONTRACTOR shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents.

The CONTRACTOR shall further provide and pay for all related facilities described in any of the Contract Documents, including all Work expressly specified therein and such additional Work as may be reasonably inferred therefrom, saving and excepting only such items of Work as are specifically stated in the Contract Documents not to be the obligation of the CONTRACTOR. The totality of the obligations imposed upon the CONTRACTOR by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the “Work”.

Article 3

ENGINEER

The Engineer (as defined in the General Conditions) shall be Jacobs Engineering Group, Inc. (JEG), however, that the OWNER may, without liability to the CONTRACTOR, unilaterally amend this Article from time to time by designating a different person or organization to act as its ENGINEER and so advising the CONTRACTOR in writing, at which time the person or organization so designated shall be the ENGINEER for purposes of this Contract.

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Article 4

TIME OF COMMENCEMENT AND COMPLETION

The CONTRACTOR shall commence the Work promptly upon the date established in the Notice to Proceed.

Time is of the essence. The CONTRACTOR shall achieve Substantial Completion, as defined in ATTACHMENT

C – Standard General Conditions of the Construction Contract, within 730 calendar days from the date of Notice to Proceed.

This time period shall be designated the Contract Time.

The CONTRACTOR shall also complete the following activities of Work within the interim Milestone dates indicated, as applicable:

ACTIVITY

A. Execution of Contract Within 30 days from Notice of Award

B. Notice to Proceed Follows Execution of Contract

C. Substantial Completion 730 days from Notice to Proceed (Beneficial occupancy of the entire project)

D. Final Completion 60 days from contracted Substantial Completion Date or 790 days from date of the Notice to Proceed

E. Warranty Period 1 years from the date of final completion and acceptance by the OWNER

Article 5

CONTRACT SUM

Provided that the CONTRACTOR shall strictly and completely perform all of its obligations under this Contract including all Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the OWNER shall pay to the CONTRACTOR, in current funds and at the time and in the installments hereinafter specified, the sum of , herein referred to as the "Contract Sum".

Article 6

PROGRESS PAYMENTS

Payment under this Contract shall be made as provided in the General Conditions.

Article 7

OTHER REQUIREMENTS

The CONTRACTOR shall submit the Public Construction Bond and Certification of Insurance as required by the

Contract Documents.

The OWNER shall furnish to the CONTRACTOR, at the CONTRACTOR’s request, any leftover set(s) of drawings and specifications, at no extra cost, for use in the Construction of the Work. Additional sets of Drawings or Specifications shall be obtained by the CONTRACTOR at the CONTRACTOR’s own expense.

The CONTRACTOR shall perform at least twenty-five percent (25%) of the total Work with forces that are in the direct employment of the CONTRACTOR’s organization.

Article 8

COPYRIGHT

No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the Owner, under this Contract shall be subject to copyright by Contractor in the United States or any other Country.

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Article 9

MODIFICATION

This Contract, including the Contract Documents and Attachments A, B, C, D, E,and F, constitutes the entire contract between the COUNTY and the CONTRACTOR and supersedes all prior written or oral understandings. No modification of this Contract shall be binding on OWNER or CONTRACTOR unless reduced to writing and signing by a duly authorized representative of OWNER and CONTRACTOR.

Article 10

RIGHT TO AUDIT RECORDS

In the performance of this Contract, the Contractor shall keep books, records, and accounts of all activities, related to this Contract, in compliance with generally accepted accounting procedures. Books, records and accounts related to the performance of this Contract shall be open to inspection during regular business hours by an authorized representative of the Owner and shall be retained by Contractor for a period of five (5) years after termination of the Contract. All records, books and accounts related to the performance of this Contract shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes.

Article 11

EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY)

(a ) The CONTRACTOR:

(1 ) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Construction Manager during the term of this Draft Contract; and

(2 ) shall expressly require any subcontractors performing work or providing services pursuant to this Draft Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Draft Contract; and

(3 ) agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Owner consistent with the terms of the CONTRACTOR’s enrollment in the program. This includes maintaining a copy of proof of the CONTRACTOR’s and subcontractors' enrollment in the E-Verify Program.

(b ) Compliance with the terms of this section is made an express condition of this Contract and the Owner may treat a failure to comply as a material breach of this Contract.

(c ) A contractor who registers with and participates in the E-Verify program may not be barred or penalized under this section if, as a result of receiving inaccurate verification information from the E verify program, the contractor hires or employs a person who is not eligible for employment.

(d ) Nothing in this section may be construed to allow intentional discrimination of any class protected by law.

Article 12

PUBLIC ENTITY CRIMES

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid/quote/proposal on a contract to provide goods or services to a public entity, may not submit a bid/quote/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/quotes/proposals on leases of rental property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of threshold amount provided in Section 287.017 Florida Statutes for CATEGORY TWO for a period of 36 months from date of being placed on convicted vendor list.

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Article 13

SCRUTINIZED COMPANIES

The Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel

List. Pursuant to Section 287.135, F.S., The Owner may immediately terminate this Draft Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Draft Contract.

If this Contract is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Owner may immediately terminate this Contract at its sole option if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Contract.

The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Contract.

As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

Article 14

CONSTRUCTION OF CONTRACT

The parties hereby acknowledge that they fully reviewed this Contract, its attachments and had the opportunity to consult with legal counsel of their choice, and that this Contract shall not be construed against any party as if they were the drafter of this Contract.

Order of Precedence and Incorporation of Attachments A, B, C, D, E, F

Any ambiguity, conflict or inconsistency between the documents comprising this Contract shall be resolved according to the following order of precedence: (1) Attachment D, Contract, including all addenda, task orders, and change orders (2) Attachment A Pages A-1 through A-20 and inclusive of such, (3) Attachment C, General Conditions of the Construction Contract, (4) Attachment A, and inclusive of such, including all addenda (5) Attachment B Bid Schedule and Bid Forms,

(6) All bid documents and submissions, (7) Attachment E Technical Specifications, (8) Attachment F Construction Drawings, (9) All other associated documents.

These documents are fully incorporated into and made a part of this Contract and shall be construed based on the order of precedence above.

Article 15

SUSPENSION OF WORK AND TERMINATION

Termination and Suspension of Work shall be in accordance with Article 16 of Attachment C- Standard General

Conditions of the Construction Contract.

Article 16

GOVERNING LAW

This Contract shall be deemed to have been executed and entered into the State of Florida and this Contract, and any dispute arising hereunder, shall be governed, interpreted and construed according to the laws of the State of Florida and the terms of this Contract.

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Article 17

SEVERABILITY

If any provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

Article 18

SUPPLEMENTAL CONDITIONS

These terms amend and supplement Attachments A, B, C, D, E, and F. All terms and conditions not so amended herein shall remain in full force and effect.

Article 19

FEDERAL TAX ID NUMBER

The CONTRACTOR shall provide to the COUNTY their Federal Tax ID Number or, if the CONTRACTOR is a sole proprietor, a Social Security Number.

Article 20

EMPLOYMENT

The CONTRACTOR shall not engage the service of any person or persons now employed by the COUNTY, including any department, agency, board, or commission thereof, to provide services relating to the Contract without written consent from the COUNTY.

Article 21

PUBLIC RECORDS

The Contractor shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Contract are public records under Florida law, as defined in Section 119.011(12), F.S.

The Contractor shall keep and maintain public records required by the Owner to perform the services under this Contract.

This Contract may be unilaterally canceled by the Owner for refusal by the Contractor to either provide to the Owner upon request, or to allow inspection and copying of all public records made or received by the Contractor in conjunction with this Contract and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.

If the Contractor meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply:

1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this

Contract for services must be made directly to the Owner. If the Owner does not possess the requested records, the Owner shall immediately notify the Contractor of the request, and the Contractor must provide the records to the Owner or allow the records to be inspected or copied within a reasonable time. If the Contractor fails to provide the public records to the Owner within a reasonable time, the Contractor may be subject to penalties under Section 119.10, F.S.

2. Upon request from the Owner’s custodian of public records, the Contractor shall provide the

Owner 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, F.S., or as otherwise provided by law.

3. The Contractor shall identify and ensure that all 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 Contractor does not transfer the records to the Owner.

4. Upon completion of the Contract, the Contractor shall transfer, at no cost to the Owner, all public records in possession of the Contractor or keep and maintain public records required by the Owner to perform the services under this t Contract. If the Contractor transfers all public records to the Owner upon completion of the Draft Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public

D-6 disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the Owner, upon request from the Owner’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the Owner.

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 CONTRACT, CONTACT THE OWNER’S CUSTODIAN OF PUBLIC RECORDS by telephone at (321) 633-2042, or by email at miranda.guppenberger@brevardfl.gov, or at the mailing address below:

Brevard County ATTN: Solid Waste Management Department Public Records Request 2725 Judge Fran Jamieson Way, A118 Viera FL 32940

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by its duly authorized representatives, effective as of the last date below.

BOARD OF COUNTY COMMISSIONERS

OF BREVARD COUNTY, FLORIDA

James P. Liesenfelt, County Manager

As Approved by the Board on September 23, 2025

Reviewed for legal form and content:

Justin E. Caron, Esq., Assistant County Attorney

CONTRACTOR:

ATTEST: _______________________________________

(NAME OF FIRM)

(Signature) (Authorized Signature)

(Name – Printed or Typed) (Name – Printed or Typed)

(Title) (Title)

END OF DRAFT CONTRACT

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CONSTRUCTION CONTRACT FORMS

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CONTRACT REQUIREMENTS

REQUEST FOR PRE-QUALIFICATION DOCUMENTS

PAYMENT BOND

PUBLIC CONSTRUCTION BOND

MAINTENANCE BOND

NOTICE TO PROCEED

CONTRACTOR’S VERIFICATION OF THE ACCURACY OF DRAWINGS AND

SPECIFICATIONS

CONTRACTOR’S REQUEST FOR INFORMATION

REQUEST FOR PROPOSAL

NON-COMPLIANCE NOTICE

FIELD ORDER

WORK CHANGE DIRECTIVE

CHANGE ORDER FORM

SHOP DRAWING SUBMITTAL

CONTRACTOR’S SHOP DRAWING STAMP

AFFIDAVIT OF PARTIAL PAYMENT OF SUBCONTRACTORS AND SUPPLIERS

WARRANTY OF TITLE -FIRST APPLICATION FOR PAYMENT

WARRANTY OF TITLE

SUBCONTRACTOR/VENDOR PARTIAL WAIVER OF RIGHT - TO CLAIM AGAINST THE

PAYMENT BOND

SUBCONTRACTOR/VENDOR FINAL WAIVER OF RIGHT - TO CLAIM AGAINST THE PAYMENT

BOND

CERTIFICATE OF SUBSTANTIAL COMPLETION

APPLICATION AND CERTIFICATE FOR PAYMENT (MODIFIED AIA G702)

CONTRACT TIME LINE REFERENCE FORM

CHECK LIST FOR PAY REQUEST REFERENCE FORM

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FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) CONTRACT

REQUIREMENTS

During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action 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 for training, including apprenticeship. The consultant agrees to post in conspicuous places, available to all employees and applicants for employment, notices to be provided setting forth the provisions of this non- discrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin.

3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining Draft Contract or other contract or understanding, a notice to be provided advising the said labor union or worker’s representatives of the consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor.

5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the Contractor’s non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States."

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8. Clean Air Act and the Federal Water Pollution Control Act: (For all contracts in excess of $150,000)

Clean Air Act –

i. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

ii. The Contractor agrees to report each violation to the Brevard County Facilities Department and understands that the Brevard County Facilities Department will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional office.

iii. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act -

i. The Contractor agrees to comply withal applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.

1251 et seq.

ii. The Contractor agrees to report each violation to the Brevard County Facilities Department and understands and agrees that the Brevard County Facilities Department will, in turn, report each violation to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

9. Suspension and Debarment:

i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.

pt. 3000. As such the consultant is required to verify that none of the consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

ii. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

iii. This certification is a material representation of fact relied upon by Brevard County Facilities Department. If it is later determined that the consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Federal Emergency Management Agency and Brevard County Facilities Department, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

10. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractor who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee or a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the recipient.

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11. Certification for Contracts, Grants, Loans, and Cooperative Agreements:

(To be submitted with each bid or offer exceeding $100,000)

The Consultant certifies, to the best of his or her knowledge, that:

i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Draft Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative Draft Contract.

ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative Draft Contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

iii. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative Draft Contracts) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

12. Procurement of Recovered Materials:

In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

i. Competitively within a timeframe providing for compliance with the contract performance schedule;

ii. Meeting contract performance requirements; or

iii. At a reasonable price.

Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines website at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

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13. Additional FEMA Requirements:

A. Access to Records:

i. The Contractor agrees to provide Brevard County Facilities Department, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers and records of the consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

ii. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

iii. The Contractor agrees to provide the FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the contract.

B. DHS (Department of Homeland Security) Seal, Logo and Flags:

The Contractor shall not use DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

C. Compliance with Federal Law, Regulations and Executive Orders:

The Contractor acknowledges that FEMA financial assistance will be used to fund the contract only. The consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures and directives.

D. No Obligation by Federal Government:

The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

E. Fraud and False or Fraudulent or Related Acts:

The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

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REQUEST FOR PRE-QUALIFICATION DOCUMENTS

Date: _______________

Contractor: ____________________________

Project Name: Cell 3 Class I Landfill Base Liner Construction, South Landfill, Central Disposal Facility

Bid Number: B-7-26-11

Your company is the Apparent Low Bidder for the above Contract, therefore, in order to demonstrate your company’s qualifications to perform the work in accordance with the Contract Documents; and pursuant to the Bidding Documents issued for this project you are required to submit the following documents and information to within five (5) business days of receipt of this Notice. This office should receive your response no later than 5:00 p.m. _________________. Failure to respond in a timely manner may result in the rejection of your Bid.

Contractor must submit in accordance with Attachment A of the Bidding Documents:

• Qualification Statement – AIA Document A305;

• Contractor’s most current two years of audited financial statements. All financial information is confidential and not subject to disclosure under the Public Records Act;

• Resumes of Contractor’s key personnel, including Project Manager(s), Superintendent(s), and Foremen;

• Letter from Contractor’s Bonding company documenting ability to provide required Bonds;

• Separate lists of major Subcontractors and Suppliers along with a delineation of those items of Work to be performed or supplied by the Contractor’s work force versus the items of Work to be performed or supplied by the Subcontractor’s work force or by the Supplier;

• Major Subcontractor’s Qualification Statement – AIA Document A305;

• Resumes of major Subcontractor’s key personnel

• Subcontractor’s list of other subcontractors and suppliers along with a delineation of the Work to be performed by them versus the Subcontractor’s workforces;

• Letter from Subcontractor’s bonding company documenting Subcontractor’s ability to obtain Performance and

Payment Bonds upon request by County;

• All Contractor and Subcontractor Licensing per applicable jurisdiction;

• Documentation that Contractor will perform at least 25% of the work;

Please acknowledge receipt of this Notice immediately following its arrival, by signing and dating this form within the space provided below and returning a copy by email to the attention of Heather Riley, Purchasing Services, Heather.

Riley@brevardfl.gov

If you have any questions, please contact Heather Riley a t 321-633-7390.

OWNER: Brevard County Solid Waste Management Department

(Authorized Signature) Authorized Signature

Name) Name

(Title) Title

**END OF REQUEST FOR PRE-QUALIFICATION DOCUMENTS**

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PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

Name of Contractor: ___________________________________________________

Address of Contractor: _________________________________________________ a __________________________________________________________________ hereinafter called “Principal”, and (Corporation/Partnership/Individual)

Name of Surety: _______________________________________________________________________________

Address of Surety: ______________________________________________________________________________ hereinafter called “Surety”, are held and firmly bound unto the Brevard County Board of County Commissioners, 2725 Judge Fran Jamieson Way, Building A, Room 118, Viera, Florida 32940, hereinafter called OWNER, in the penal sum of ____________________________________________Dollars, $___________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the OWNER dated the _______ day of ________________________________, 20_____, a copy of which is hereto attached and made a part hereof for the construction of:

Project Name: Cell 3 Class I Landfill Base Liner Construction, South Landfill Central Disposal Facility

NOW, THEREFORE, if the Principal:

1. Promptly makes payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise; and

2. Pays OWNER all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings that OWNER sustains because of a default by Principal under the Contract; then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

D-18

IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this ______ day of ____________________________________, 20_____.

ATTEST: ____________________________

Authorized Signature Name Title

FOR

PRINCIPAL:

Name Title

(Affix Seal Above)

ATTEST:

Name Title

FOR SURETY: ______________________________

Authorized Signature Name

NOTARY: FLORIDA

AGENT

Name

Title

Authorized Signature

Name

NOTARY

SEAL

FLORIDA

ADDRESS

Local Agent Name

Florida Address

City, State, Zip

NOTE: If CONTRACTOR is Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state of Florida.

*** END OF PAYMENT BOND ***

D-19

PUBLIC CONSTRUCTION BOND

(Payment and Performance Bond)

BY THIS BOND, We _________________________, having its principal place of business at _____________________________________________________________________, (___)___-____, herein called Principal, and ______________________________, having its principal place of business at _____________________________________________________, (___)___-___,a corporation as Surety, are bound to Board of County Commissioners of Brevard County, Florida, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940, (321) 633-2000, herein called Owner, in the sum of ____________________________________. ($______.00) for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITIONS OF THIS BOND are that if Principal:

1. Performs the contract number________ dated __________ between Principal and Owner for construction of (project description) Cell 3 Class I Landfill Base Liner Construction, South Landfill Central Disposal Facility, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and

3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes.

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 _____day of _______________________, 20__.

Witness: _____________________________________ (Principal) (Seal)

____________________________ Its: _________________________________

(Title)

Witness: _____________________________________

(Surety) (Seal)

____________________________ Its___________________________________

(Title)

***END OF PUBLIC CONSTRUCTION BOND ***

D-20

D-21

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

Name of Contractor: __________________________________________________ Address of Contractor: ________________________________________________ a ___________________________________________________________________ hereinaf ter called “Principal, and (Corporation/Partnership/Individual)

Name of Surety:

Address of Surety:

hereinaf ter called “Surety”, are held and f irmly bound unto the Brevard County Board of County Commissioners, 2725 Judge Fran Jamieson Way, Building A, Room 118, Viera, Florida 32940, hereinaf ter called OWNER, in the penal sum of ___________________________________________ Dollars, $___________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, f irmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain contract with the OWNER dated the ______ day of _____________________________, 20____, a copy of which is hereto attached and made a part hereof for the construction of :

Name of Project: Cell 3 Class I Landfill Base Liner Construction, South Landfill, Central Disposal Facility, Brevard County

NOW, THEREFORE, if the Principal shall well, truly and faithfully remedy any defects in the work due to faulty materials or workmanship, and pay for all damage to other work, person, or property resulting there f rom, which shall appear within a period of two (2) years f rom the date of f inal acceptance of the work provided for in the Contract, then this obligation is to be void; otherwise to remain in full force and ef fect.

PROVIDED, HOWEVER, that OWNER shall give notice of observed defects with reasonable promptness.

IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this ______ day of __________________________________, 20____.

ATTEST: ____________________________

Name

FOR PRINCIPAL:

Name

D-22

ATTEST:

Name

FOR SURETY: ______________________________

Name

Title

(Affix Seal Above)

NOTARY: FLORIDA

AGENT

Name

Title

Authorized Signature

Name

NOTARY SEAL

FLORIDA

ADDRESS

Local Agent Name

Florida Address

City, State, Zip

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state of Florida.

***END OF MAINTENANCE BOND ***

D-23

NOTICE TO PROCEED

To:

Project Name: Cell 3 Class I Landfill Base Liner Construction, South Landfill Central Disposal Facility

Bid No: B-7-26-11

You are notified that the Contract Time under the above Contract will commence to run on __________________________.

On that date, you are to start performing the Work and your other obligations under the Contract Documents. Based on the Contract Time stated in the Draft Contract, we calculate that the date of Substantial Completion will be ____________________________ and Final Completion will be _________________________.

You have previously received the Contract Drawings and bound copy(s) of the Project Manual containing:

1. Advertisement For Bid

2. Information To Bidders

3. Bid Forms

4. Draft Contract

5. General Conditions

6. Supplementary Conditions

7. Contract Forms

8. Technical Specifications

9. Addendum(s)

NO ADDITIONAL WORK INVOLVING MONETARY COMPENSATION IS TO BE CONDUCTED WITHOUT

WRITTEN AUTHORITY FROM THE COUNTY.

Please acknowledge receipt of this “Notice to Proceed”, please sign and date within the space provided below, make a copy for your files and return the original to the attention of Joseph Hacker, Contracts Administrator, Solid Waste Management Department, 2725 Judge Fran Jamieson Way, A118, Viera, Florida 32940.

OWNER:

Brevard County Board of County Commissioners Solid Waste Management Department

Thomas Mulligan, Department Director

Date

Title

*** END OF NOTICE TO PROCEED ***

D-24

D-25

CONTRACTOR’S VERIFICATION OF THE ACCURACY OF DRAWINGS

AND SPECIFICATIONS

(This form shall be submitted to the Engineer prior to the start of Construction)

STATE OF FLORIDA

COUNTY OF BREVARD

____________________________________________________________, being first duly sworn, deposes and certifies that:

Prior to the start of work on the site, Affiant has carefully studied and compared the Drawings and Specifications and checked and verified all pertinent figures shown thereon and all applicable field measurements;

Affiant hereby verifies that the Reports, Drawings, and Specifications in the Contract Documents for the Cell 3 Class I Landfill Base Liner Construction, South Landfill Central Disposal Facility, Bid No. B-7-26-11, Brevard County Project accurately represent the existing site conditions and do not contain any conflicts, errors, ambiguities, or discrepancies with the following itemized exceptions:

A. Number of exceptions___________ (if none, please indicate zero in the space provided).

B. _________additional sheets are attached.

AFFIANT: ______________________________________________________________

Name

Sworn and subscribed before me this ________ day of ________________________ 20____

NOTARY: _______________________________________________________________

My Commission Expires: ________________________________________________________

***CONTRACTOR’S VERIFICATION OF THE ACCURACY OF DRAWINGS AND SPECIFICATIONS***

D-26

D-27

CONTRACTOR’S REQUEST FOR INFORMATION

Bid No. B-7-26-11

Prepared By: ________________

Title: _______________________ Date Prepared: _______________

PROJECT DATA CONTRACT DATA

Name: Cell 3 Class I Landfill Base Liner Construction, South Landfill Central Disposal Facility

Contract Document Page Number:

Location: Drawing Number:

Owner’s Bid Number: B-7-26-11 Specification Section/Number:

RFI DISTRIBUTION BY CONTRACTOR:

Owner’s Home Office:

2725 Judge Fran Jamieson Way, Building A, Room 118 Viera, Florida 32940 Attn.:

No.

Copies

Date Sent:

Engineer’s Home Office:

No.

Copies

Date Sent:

Owner’s Field Office: No.

Copies

Date Sent:

Engineer’s Field Office: No.

Copies

Date Sent

Contractor’s Field Office: No.

Copies

Other:

Attn.:

QUESTION:

D-28

ENGINEER’S RESPONSE TO CONTRACTOR’S _____________ NO.

Date Received: _______________________________________________

Response Prepared By: ____________________________ __________________________________

Name Title

Date Prepared: ____________________

RFI RESPONSE DISTRIBUTION BY ENGINEER:

2725 Judge Fran Jamieson Way, Building A, 1st Floor Viera, Florida 32940 Attn.:

No.

Copies

Contractor’s Home Office:

Copies

Date Sent:

Owner’s Field Office: No.

Copies

Date Sent:

Engineer’s Field Office: No.

Copies

Date Sent

Contractor’s Field Office: No.

Copies

RESPONSE:

*** END OF REQUEST FOR INFORMATION FORM ***

D-29

REQUEST FOR PROPOSAL

PROPOSED CHANGE NO. ___________

Prepared By: _____________________________________

Title: _____________________________________

Date Prepared: _____________________________________

Landfill Central Disposal Facility

Contract Document Page Number:

Location: 2250 Adamson Road, Cocoa, FL 32955 Drawing Number:

RFP DISTRIBUTION BY ENGINEER:

2725 Judge Fran Jamieson Way, Building A, Room 118 Viera, Florida 32940 Attn.:

No.

Copies

Contractor’s Home Office:

Date Sent:

Owner’s Field Office: No.

Copies

Date Sent:

Engineer’s Field Office: No.

Copies

Date Sent

Contractor’s Field Office: No.

Copies

Please provide the undersigned a proposal for the following change in the work within fourteen (14) calendar days from the above date of this request that this by the ______ day of ______________________________, 20____. The written proposal must clearly delineate the scope of the proposed change in work by providing an itemized estimate of time and costs broken down by materials, labor (by trade), subcontracts, overhead costs, and profit. Any amount claimed for subcontracts must be similarly supported in detail. If this proposal is accepted and approved by the Owner, a work change directive will be issued for changes in the work of the Contract in accordance with the Contract Documents.

Type of Change Proposed:

Deletion of Work

Addition of Work

Revision of Work

Other

Please see next page for a detailed description of the proposed change in Work.

D-30

DESCRIPTION OF PROPOSED CHANGE IN WORK:

ATTACHMENTS:

Description of Item Attached Number of Copies

1. ___________________________________________________________________ __________________

2. ___________________________________________________________________ __________________

3. ___________________________________________________________________ __________________

4. ___________________________________________________________________ __________________

5. ___________________________________________________________________ __________________

*** END OF REQUEST FOR PROPOSAL FORM ***

D-31

NON-COMPLIANCE NOTICE

NOTICE NO. ________________

Prepared By: ________________________________________

Title: _______________________________________________

Date Prepared: ________________________________________

Name: Cell 3 Class I Landfill Base Liner Construction, South Landfill Central Disposal Facility

Contract Document Page Number:

Location: 2250 Adamson Road, Cocoa, FL 32926 Drawing Number:

NON-COMPLIANCE NOTICE DISTRIBUTION:

2725 Judge Fran Jamieson Way, Building A, Room 118 Viera, Florida 32940 Attn.:

No. Copies Date Sent:

Contractor’s Home Office

Owner’s Field Office: No. Copies Date Sent:

Engineer’s Field Office: No. Copies Date Sent Contractor’s Field Office: No. Copies Date Sent:

You are hereby notified that the following work or materials do not conform to the requirements of the Contract Documents noted above. Non-complying work may be required to be removed and replaced at no cost to the Owner. It shall be your responsibility to determine the corrective action necessary, and to determine whether you wish to discontinue operations until additional investigation by the Owner or Engineer confirm or refute the initial findings.

Description of Non-Conforming Work or Materials:

Please respond on the next page of this form.

D-32

CONTRACTOR’S PROPOSED CORRECTION:

NOTE:

Failure to comply with directions to remedy deficiencies in this area will result in rejection of this portion of the work.

*** END OF NON-COMPLIANCE FORM ***

D-33

FIELD ORDER

NO. ________________ Date Prepared…