HomeMy WebLinkAbout2022-056SECTION 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............................................................................3
ARTICLE 7 - INDEMNIFICATION........................................................................................4
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS.......................................................4
ARTICLE 9 - CONTRACT DOCUMENTS............................................................................5
ARTICLE 10 -MISCELLANEOUS .......................................................................................6
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Section 00520 — Agreement for Public Works — Addendum 4 - 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 Jobear Contracting, Inc. (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:
The construction of a parking lot, restroom, walking paths and associated appurtenances
depicted on the Project Plans in Appendices 2 & 3.
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: Hallstrom Farmstead Parking Lot, Trail & Restroom
Construction
FM Number: N/A
Bid Number: 2022019
Project Address: 1701 Old Dixie Highway SW, Vero Beach, FL 32960
ARTICLE 3 - ENGINEER
3.01 The Indian River County Parks and Recreation Division 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 90 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 14.07
of the General Conditions on or before the 120 calendar day after the date when the
Contract Times commence to run.
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Section 00520 — Agreement for Public Works — Addendum 4 - 2
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 on the LWCF funded portion of the work is
not completed by April 30, 2022, 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
$1,197.00 for each calendar day that expires after April 30, 2022 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 Time or any proper extension thereof granted by OWNER, CONTRACTOR shall
pay OWNER $1,197.00 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 5.01.8, 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: $912,614.90
Written Amount: Nine -hundred twelve thousand six hundred fourteen dollars and
ninety 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
OWNER 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 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
Section 00520 — Agreement for Public Works — Addendum 4 - 3
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.
6.05 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 and others in accordance with paragraph 6.20
(Indemnification) of the General Conditions to the Construction Contract.
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
Section 00520 —Agreement for Public Works —Addendum 4 - 4
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.
K. Contractor is registered with and will use the Department of Homeland Security's E -Verify
system (vwvw.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. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the
Work (page 00634-1
9. General Conditions (pages 00700-1 to 00700-37, inclusive);
10. Supplementary Conditions (pages 00800-i to 00800-12, inclusive);
Section 00520 — Agreement for Public Works — Addendum 4 - 5
11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
Provisions);
12. Drawings consisting of a cover sheet and sheets numbered C1 through C17, inclusive,
with each sheet bearing the following general title: Hallstrom Farmstead Conservation
Area;
13. Drawings consisting of a cover sheet and sheets numbered A-1 through AA=3 inclusive,
ACC, MEP -1, and S-1, with each sheet bearing the following general title: Hallstrom
House Restrooms;
14. Addenda (1-4)
15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive);
16. Bid Bond (page 00430-1);
17. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive);
18. List of Subcontractors (page 00458-1);
19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
21. Certification Regarding Lobbying (page 00474-1);
22. LWCF Permit 12-00695, included as Appendix 6 of the Invitation to Bid and including all
attachments. 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
Section 00520 —Agreement for Public Works —Addendum 4 - 6
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.
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.
Section 00520 — Agreement for Public Works — Addendum 4 - 7
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(Wircgov.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 TERMS AND CONDITIONS
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 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
Section 00520 — Agreement for Public Works — Addendum 4 - 8
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 Copeland "Anti -Kickback" Act.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and subcontractor as provided in
29 C.F.R. § 5.12.
C. Compliance with the Contract Work Hours and Safety Standards Act:
(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 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
Section 00520 —Agreement for Public Works —Addendum 4 - 9
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.
D. Clean Air Act:
(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 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.
E. Federal Water Pollution Control Act:
(1) 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.
(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 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.
F. Debarment and Suspension
(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).
(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 OWNER. 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 OWNER, the Federal
Govemment 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.
G. 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
Section 00520— Agreement for Public Works —Addendum 4- 10
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 who in turn will
forward the certification (s) to the awarding agency.
H. 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.gov/smm/comprehensive-procurement-
guideline-cpg-program.
(3) The Contractor also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act.
I. Access to Records: The following access to records requirements apply to this
contract:
(1) The contractor agrees to provide OWNER, the State of Florida, 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.
(4) In compliance with the Disaster Recovery Act of 2018, the OWNER and the
Contractor acknowledge and agree that no language in this contract is intended to prohibit
audits or internal reviews by the FEMA Administrator or the Comptroller General of the United
States.
J. Compliance with Federal Law, Regulations, and Executive Orders:
This is an acknowledgement that federal financial assistance will be used to fund all or a portion
of the contract. The contractor will comply will all applicable Federal law, regulations, executive
orders, and LWCF 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 its actions pertaining to the 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.
Section 00520— Agreement for Public Works —Addendum 4- 11
(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.
N. Prohibition on Contracting for Covered Telecommunications Equipment or Services:
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial
or essential component; and telecommunications equipment or services have the meaning as
defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on
or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan
guarantee funds on certain telecommunications products or from certain entities for national
security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from
the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or
interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services
used as a substantial or essential component of any system, or as critical technology as part of
any system, during contract performance, or the contractor is notified of such by a subcontractor
Section 00520 — Agreement for Public Works — Addendum 4 - 12
at any tier or by any other source, the contractor shall report the information in paragraph (d)(2)
of this clause to the recipient or subrecipient, unless elsewhere in this contract are established
procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this
clause:
(i) Within one business day from the date of such identification or notification: The contract
number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model
number (original equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about mitigation actions
undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:
Any further available information about mitigation actions undertaken or recommended. In
addition, the contractor shall describe the efforts it undertook to prevent use or submission of
covered telecommunications equipment or services, and any additional efforts that will be
incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
O. Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the
greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States. This includes, but is not limited to iron,
aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
Manufactured products mean items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer -based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
[The remainder of this page was left blank intentionally]
Section 00520 —Agreement for Public Works —Addendum 4 - 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 March 15, 2022 (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:
INDIAN RIVER COUNTY.••ss bear Con actin In .
l .oJ`��_�l .. '✓�9�
By: T.
'
e D.O'B m
irman = ontractor)
A
:I
(CORPORATE SEAL)
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By: �.
Iylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest: -2az- 0a",
Deputy Clerk
(SEAL)
Designated Representative:
Name: Elizabeth Powell
Title: Assistant Director, Parks and Conservation
Resources
550077 th Street
Vero Beach, Florida 32967
(772) 226-1873
Facsimile: (772) 589-6119
Address forgiving notices:
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name: V) (-', N IA
Title: �c,
Address:
Pftl W 0�4� P-1. 57_90'S
Phone: ?,2.1-
Facsimile:':V? - -7 L & 5(L I R
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
Section 00520 — Agreement for Public Works — Addendum 4 - 14