HomeMy WebLinkAbout2021-146ASECTION 00520 - Agreement (Public Works)
TABLE OF CONTENTS
Title
Page
ARTICLE1 -WORK ............................................................................................................2
ARTICLE 2 - THE PROJECT...............................................................................................2
ARTICLE3 - ENGINEER.....................................................................................................2
ARTICLE 4 - CONTRACT TIMES........................................................................................2
ARTICLE 5 - CONTRACT PRICE........................................................................................3
ARTICLE 6 - PAYMENT PROCEDURES............................................................................4
ARTICLE 7 - INDEMNIFICATION........................................................................................4
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS.......................................................5
ARTICLE 9 - CONTRACT DOCUMENTS............................................................................6
ARTICLE 10-MISCELLANEOUS.......................................................................................7
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Agreement (Public Works) REV 04-07 - 00520 - 1
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 Guettler Brothers Construction. LLC
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The Project entails re -nourishment of the southern portion of the County's Sector 3
Beach & Dune Restoration Project via placement of about 280.000 cubic yards of
beach -compatible sand fill and about 302.820 native dune plants over 2,2 miles of
Atlantic Ocean beach in central Indian River County. Sand fill is proposed to be
obtained from either (a) the County's Offshore Borrow Area, or (b) an upland sand
source pre -qualified by the County, and/or (c) an upland sand source separately
approved by Florida Department of Environment Protection. To avoid adverse
impacts to nesting sea turtles, construction is expected to be completed during the
period from November 1, 2021 and April 30, 2022.
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 3 BEACH AND DUNE RESTORATION PROJECT - PHASE 2
County Project Number: IRC -2109
FM Number: N/A
Bid Number: 2021050
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.
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 theContract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
Agreement (Public Works) REV 04-07 - 00520 - 2
A. The Work will be substantially completed on or before the main part of sea turtle nesting
season begins in the County on April 30th, 2022 as provided in paragraph 2.03 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions on or before the date when the Contract Times
commence to run. Substantial completion is defined as completion of the heavy equipment
portion of the project on the beach, meaning sand hauling processing, testing, compaction,
placement and grading. Heavy equipment work will not be allowed on the beach after April
30th, but dune vegetation planting will be allowed (please refer to FDEP permit and
CONTRACT Technical Specifications for permit allowed working dates). Heavy equipment
work not completed by April 30, 2022 will need to cease and all equipment removed from
the beach and CONTRACTOR will not be allowed to perform Beach Nourishment activities
again until after the sea turtle nesting season ends on October 31, 2022.
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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 on
November 1, 2022, which excludes the time CONTRATOR is not allowed to work based on
sea turtle nesting season as identified in FDEP Permit. 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 $4,344.00 for each calendar day
that expires after the time specified in paragraph 4.02 for Substantial Completion (excluding
the period between May 1 and October 31, 2022) until the Work is substantially complete.
After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER $4,344.00 for each calendar day that expires
after the time specified in paragraph 4.02 (excluding the period between May 1 and October
31, 2022) for completion and readiness for final payment until the Work is completed and
ready for final payment. In the event the CONTRACTOR fails to substantially complete the
project by April 30, 2022 and must return to substantially complete the Project after October
31, 2022, the CONTRACTOR shall not be compensated for any remobilization or
demobilization costs.
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 5.01.13, 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: $ 14,174,738.00
Written Amount: Fourteen million, one hundred seventy-four thousand, seven hundred thirty-eight dollars
Agreement (Public Works) REV 04-07 - 00520 - 3
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 five percent (5%)
of the payment amounts due to the CONTRACTOR until final completion and
acceptance of all work to be performed by CONTRACTOR under the Contract
Documents.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application
provided 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.
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.
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
Agreement (Public Works) REV 04-07 - 00520 - 4
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 theWork 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.
Agreement (Public Works) REV 04-07 - 00520 - 5
K. Contractor is registered with and will use the Department of Homeland Security's E -Verify
system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees
for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also
responsible for obtaining proof of E -Verify registration for all subcontractors.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-10, 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 00622-6 inclusive);
6. Certificate of Substantial Completion ( pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Technical Specifications by APTIM Environmental & Infrastructure, LLC;
9. Drawings consisting of a cover sheet and sheets numbered 1 through 44, inclusive, with
each sheet bearing the following general title: Sector 3 Beach and Dune Renourishment
Project; Construction Plans, Indian River County, Florida
10. Addenda (if applicable );
11. Appendices to this Agreement (enumerated as follows):
Appendix A — FDEP PERMIT
Appendix B — USACE PERMIT
Appendix C — DAILY REPORT FORMAT
Appendix D — OFFSHORE SEDIMENT QA/QC PLAN
Appendix E - UPLAND SEDIMENT QA/QC PLAN
Appendix F - GEOTECHNICAL REPORTS
11. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive);
12. Bid Bond (page 00430-1);
13. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive);
14. List of Subcontractors (page 00458-1);
15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
Agreement (Public Works) REV 04-07 - 00520 - 6
16. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive);
17. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
18. 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);
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 Contractshall
Agreement (Public Works) REV 04-07 - 00520 - 7
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.
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
publicrecords(@ircgov.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 thiswork.
Agreement (Public Works) REV 04-07 - 00520 - 8
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 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 contractor'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 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 payfor all hours worked in excess of forty hours in such workweek.
Agreement (Public Works) REV 04-07 - 00520 - 9
(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
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 thissection.
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 OWNER and understands and
agrees that the OWNER will, in turn, report each violation as required to assure notification to
the CONTRACTOR, 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 OWNER and understands and
agrees that the OWNER will, in turn, report each violation as required to assure notification to
the CONTRACTOR, 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
Agreement (Public Works) REV 04-07 - 00520 - 10
(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).
(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 we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-
program. The list of EPA -designate items is available at
http://www.epa.gov/cpg/products.htm.
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.
I. 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.
Agreement (Public Works) REV 04-07 - 00520 - 11
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
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
Agreement (Public Works) REV 04-07 - 00520 - 12
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.
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 reasonterminate
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.
[The remainder of this page was left blank intentionally]
Agreement (Public Works) REV 04-07 - 00520 - 13
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 21 , 2021 (the date the Contract is approved by
the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER: CONTRACTOR:
nS+r-UL
INDIAN RIVER COUNTY
:�,.(�ie�{ Iii' �i�Qi�tCrr GUC���� LG
By:
E. Fleikhe6UChairman
.�
County Ad ministratot'�FY Fi oEP�'
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of. Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: Eric Charest
Title: Natural Resources Manager
1801 27th Street
Vero Beach, Florida 32960
(772) 226-1569
Facsimile: (772) 778-9391
(Contractor)
(CORPORATE SEAL)
Address for giving notices:
qU O I W hI, t V'/ et Y 0,111-
1z, +
aI1-1=+ . r° 1 e rc, e-, rt- 3y 9 q'i
License No. 1 150 3
(Where applicable)
Agent for service of process:
Designated Representative:
Name: f� e n G-1 U e 41 e k
Title: M a n a Cy
Address:
L� N o 1 vV h I +� vl a� lea r r►1 Rol
Phone: -7'79-- U (pl -�- 3Y 5
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
Agreement (Public Works) REV 04-07 - 00520 - 14