HomeMy WebLinkAbout2019-161ASECTION 00520 - Agreement (Public Works)
TABLE OF CONTENTS
Title Page
ARTICLE 1- WORK
ARTICLE 2 - THE PROJECT 2
ARTICLE 3 — ENGINEER 2
ARTICLE 4 - CONTRACT TIMES 2
ARTICLE 5 - CONTRACT PRICE 3
ARTICLE 6 - PAYMENT PROCEDURES 3
ARTICLE 7 - INDEMNIFICATION 4
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5
ARTICLE 9 - CONTRACT DOCUMENTS 6
ARTICLE 10 - MISCELLANEOUS 7
'THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY)
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SECTION 00520 - Agreement (Public Works)
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER) and RIO-BAK CORPORATION (hereinafter called CONTRACTOR). OWNER and
CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Project Description: Indian River County proposes to restore approximately 3.1
miles of coastline in the City of Vero Beach, Town of Indian River Shores, and unincorporated
Indian River County by placing approximately 123,800 cubic yards of beach compatible sand to
create a beach berm and dune. Salt -tolerant dune vegetation will be planted on the restored
dunes. Beach compatible sand will be obtained from the Stewart Materials Fort Pierce mine,
and shall meet the "Geotechnical Requirements" described in the Technical Specifications and
Contract Documents. Upland staging and construction access areas are located at Tracking
Station Park, Jaycee Park and Conn Beach, and Humiston Park.
Work on this project must comply with all local, state, and federal regulating agency
criteria and permits.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Project Name: Sector 5 Beach and Dune Restoration Project
Bid Number: 2019066
ARTICLE 3 — ENGINEER
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER
and will act as OWNER's representative, assume all duties and responsibilities, and have
the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 180 calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
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14.07 of the General Conditions on or before the 210 calendar day after the date when the
Contract Times commence to run.
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times
specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. Liquidated damages will commence for this portion of
work. The parties also recognize the delays, expense, and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall
pay OWNER $2,712 for each calendar day that expires after the time specified in
paragraph 4.02 for Substantial Completion until the Work is substantially complete. After
Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the
remaining Work within the Contract lime or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER $2,712 for each calendar day that expires
after the time specified in paragraph 4.02 for completion and readiness for final payment
until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount: $ 4,511,712.00
Written Amount: FOUR MILLION FIVE HUNDRED ELEVEN THOUSAND SEVEN
HUNDRED TWELEVE DOLLARS AND ZERO CENTS
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14
of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of
the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent
(10%) of the payment amounts due to the CONTRACTOR until fifty percent
(50%) completion of the work. After fifty percent (50%) completion of the work is
attained as certified to OWNER by ENGINEER in writing, OWNER shall retain
five percent (5%) of the payment amount due to CONTRACTOR until final
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completion and acceptance of all work to be performed by CONTRACTOR under
the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty
percent (50%) completion means the point at which the County as OWNER has
expended fifty percent (50%) of the total cost of the construction services work
purchased under the Contract Documents, together with all costs associated with
existing change orders and other additions or modifications to the construction
services work provided under the Contract Documents.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application for
payment form supplied by OWNER and the application for payment shall contain
the CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established, or in the
case of unit price work based on the number of units completed. After fifty
percent (50%) completion, and pursuant to Florida Statutes section
218.735(8)(d), the CONTRACTOR may submit a pay request to the County as
OWNER for up to one half (1/2) of the retainage held by the County as OWNER,
and the County as OWNER shall promptly make payment to the CONTRACTOR
unless such amounts are the subject of a good faith dispute; the subject of a
claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a
claim or demand by the County as OWNER or the CONTRACTOR. The
CONTRACTOR acknowledges that where such retainage is attributable to the
labor, services, or materials supplied by one or more subcontractors or suppliers,
the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c),
CONTRACTOR further acknowledges and agrees that: 1) the County as
OWNER shall receive immediate written notice of all decisions made by
CONTRACTOR to withhold retainage on any subcontractor at greater than five
percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not
seek release from the County as OWNER of the withheld retainage until the final
pay request.
6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the
County as OWNER which are paid for, in whole or in part, with federal funds and are subject to
federal grantor laws and regulations or requirements that are contrary to any provision of the
Local Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work
under this Contract and for every act and neglect of the OWNER and others
relating to or arising out of the work. Any payment, however, final or otherwise,
shall not release the CONTRACTOR or its sureties from any obligations under
the Contract Documents or the Public Construction Bond.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
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ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site which have been
identified in the Supplementary Conditions as provided in paragraph 4.06 of the General
Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by CONTRACTOR, including applying the
specific means, methods, techniques, sequences, and procedures of construction, if any,
expressly required by the Contract Documents to be employed by CONTRACTOR, and
safety precautions and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
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ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-9, inclusive);
2. Notice to Proceed (page 00550-1);
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1);
5. Contractor's Application for Payment (pages 00622-1 to 00622-5 inclusive);
6. General Conditions (pages 00700-1 to 00700-44 inclusive);
7. Technical Specifications as listed in Division 1;
8. Drawings consisting of a cover sheet and sheets numbered CC=1 through D-1 inclusive,
with each sheet bearing the following general title: Sector 5 Beach and Dune
Restoration Project;
9. Addenda (Number 1 inclusive);
10. Appendices to this Agreement (enumerated as follows):
APPENDIX A: DAILY QUALITY CONTROL REPORT
APPENDIX B: CONSTRUCTION EASEMENT DESCRIPTIONS
APPENDIX C: SEDIMENT QAQC PLAN
APPENDIX D: ENVIRONMENTAL PERMITS
11. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);
12. Bid Bond (page 00430-1);
13. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
14. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive);
15. Qualifications Questionnaire (pages 00456-1 to 00456-4, inclusive);
16. List of Subcontractors (page 00458-1);
17. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
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18. Contractor Equipment Schedule (page 00462-1);
19. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s);
20. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys
that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
10.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract
shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the
United States District Court for the Southern District of Florida.
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10.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County 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.
(3) 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 contractor does
not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records 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
stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of
the County.
B. 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 CUSTODIAN OF PUBLIC
RECORDS AT:
(772) 226-1424
publicrecordsircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
ARTICLE 11 — FEDERAL CLAUSES
11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work.
A. Equal Employment Opportunity. 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 contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated
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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 contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to
be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, 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 agreement or other contract or understanding, a notice to be
provided advising the said labor union or workers' representatives of the contractors
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 of 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 his 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 noncompliance with the nondiscrimination 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 11246 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.
B. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-
3708):
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
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damages. Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its
own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of
this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1) through (4) of this section.
C. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
(1) 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.
(2) The contractor agrees to report each violation to the (name of the state agency or
local or Indian tribal government) and understands and agrees that the (name of the state
agency or local or Indian tribal government) will, in turn, report each violation as required to
assure notification to the (name of recipient), Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FEMA.
(4) The contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seq
(5) The contractor agrees to report each violation to the (name of the state agency or
local or Indian tribal government) and understands and agrees that the (name of the state
agency or local or Indian tribal government) will, in turn, report each violation as required to
assure notification to the (name of recipient), Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office.
(6) The contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FEMA.
D. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory
standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act.
E. Suspension and Debarment
(1) 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 contractor is required to verify that none of the contractor, 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).
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(2) 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.
(3) This certification is a material representation of fact relied upon by Indian River
County. If it is later determined that the contractor 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 (name of state agency
serving as recipient and Indian River County), the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
F. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors 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 of 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.
G. Procurement of Recycled/Recovered Materials:
(1) 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.
(2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, https://www.epa.qov/smmlcomprehensive-procurement-
quideline-cpq-program. The list of EPA -designate items is available at
http://www.epa.dov/cpq/products.htrn.
H. Access to Records: The following access to records requirements apply to this contract:
(1) The contractor agrees to provide (insert name of state agency or local or Indian tribal
government), Indian River County, the FEMA Administrator, the Comptroller General of the
United States, or any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts, and transcriptions.
(2) 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.
(3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract.
1. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests,
or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -
approval.
J. Compliance with Federal Law, Regulations, and Executive Orders: This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only. The
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contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
K. 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.
L. Program Fraud and False or Fraudulent Statements 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.
M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to
ensure minority business, women's business enterprises and labor surplus area firms are used
when possible:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists.
(2) Ensuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources.
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises.
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises.
(5) Using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
ARTICLE 12: - TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and
shall provide the OWNER with a right to terminate this Contract in accordance with this Article,
in addition to pursuing any other remedies which the OWNER may have under this Contract or
under law:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating
any provision(s) of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective
parts or equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed
and will not be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved
thereon; or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a
general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for
CONTRACTOR or for any of his property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify
CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten
(10) calendar days to cure the default to the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -
Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon
receiving such notification, CONTRACTOR shall immediately cease all work hereunder and
shall forfeit any further right to possess or occupy the site or any materials thereon; provided,
however, that the OWNER may authorize CONTRACTOR to restore any work sites.
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D. The CONTRACTOR shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a
new contract; and
(2) the difference between the cost of completing the new contract and the cost of
completing this Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER
to enforce its rights herein.
E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason
terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of
notice of such termination CONTRACTOR shall, unless the notice directs otherwise,
immediately discontinue the work and immediately cease ordering of any materials, labor,
equipment, facilities, or supplies in connection with the performance of this Contract. Upon
such termination Contractor shall be entitled to payment only as follows:
(1) the actual cost of the work completed in conformity with this Contract and the specifications;
plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract
and approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the
County in the event of such termination.
F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S.
287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as
defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created
pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In
addition, if this agreement is for goods or services of one million dollars or more,
CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by
Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section
215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a
false certification as provided under section 287.135(5), Florida Statutes, been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or
Syria, as defined by section 287.135, Florida Statutes.
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned
subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of
making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel
List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions
of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on
their behalf.
This Agreement will be effective on SEPTEMBER 17, 2019 (the date the Contract is approved by
the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER:
INDIAN RIVER COUNTY
By:
By:
CONTRACTOR:
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By:•
hairman
T T'
/`'tcuAttest
Jaso4g:rown, County Administrdt
(CORPORATE SEAL)
APPROVED AS TO FORM A LEGAL
SUFF CI N Y:
Bv:
Dylan Reingold, County Attorney
Jeffrey R. with, Clerk of Court and Comptroller
Attest:
Deputy Cl`er
(SEAL)
Address for_giving notices:
/1-7-13jld Po(e.,)- )4:// 'i -c. ti6
{Ade (PIA c., FC SS Y/4/
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
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BOARD OF COUNTY COMMISSIONERS
September 17, 2019 via Email
Rio -Bak Corporation
Attn: Mr. Thomas T. King Jr.
12773 W. Forest Hill Blvd., Suite 210
Wellington, FL 33414
Mark@rio-bak.com
NOTICE OF AWARD
Reference: Indian River County Bid No. 2019066
Bid Title — Sector 5 Beach And Dune Restoration Project
Dear Mr. King Jr.:
It is my pleasure to inform you that on September 17, 2019 the Board of County Commissioners awarded the
above -referenced project to your company. The following documents are required before the applicable County
department can issue a "Notice to Proceed" letter.
1. Public Construction Bond (unrecorded) in the amount of 100% of the contract amount ($4,511,712.00).
2. Two Signed Copies of Enclosed Agreement.
3. Certificate of Insurance indicating coverage required by Article 5 of the General Conditions (section
00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents).
Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice
of Cancellation.
4. W-9.
In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Public Construction Bond
for the above referenced project. Please submit the Bond, W-9, the Certificate(s) of Insurance and two fully -
executed copies of the enclosed agreement to this office at the address provided below no later than October
2, 2019. Failure to comply with the established deadline for submittal of required documents may be grounds
for cancellation of award.
Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office.
Sincerely,
Jennifer Hyde
Purchasing Manager
Office of Management and Budget • Purchasing Division
1800 27th Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140
E-mail: purchasing@ircgov.com