HomeMy WebLinkAbout2022-113SECOND EXTENSION AND FIRST AMENDMENT TO AGREEMENT
FOR ASPHALT PAVING AND RESURFACING
This Second Extension and First Amendment to that certain Agreement to provide Asphalt
Paving and Resurfacing is entered into effective as of July 2, 2022 by and between Indian River
County, apolitical subdivision of the State of Florida ("County") and C.W. Roberts Contracting, Inc.
("Contractor").
BACKGROUND RECITALS
WHEREAS, the County awarded the work to Contractor under bid 2020042 on July 2, 2020, and
WHEREAS, the first extension was executed, effective as of July 2, 2021, with the term ending on
July 1, 2022; and
WHEREAS, the parties entered into a formal Agreement for Asphalt Paving and Resurfacing, to
facilitate the use of ARPA funds for the work, effective October 5, 2021; and
WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and
WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional
one-year period; and
WHEREAS, the parties desire to amend Article 7 — Contractor's Representations to include E -
Verify requirements; and
WHEREAS, the parties desire to update requirements to the Federal Clauses section, in accordance
with 2 C.F.R.; and
WHEREAS, the parties have agreed to pricing modifications, based on the Florida Department of
Transportation's Fuel and Bituminous Average Price Index.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as
follows:
1. The background recitals are true and correct and form a material part of this Second Extension and
First Amendment.
2. The second renewal term shall commence effective July 2, 2022 and shall end on July 1, 2023. There
are no additional renewals available.
3. The following is added to Article 4 — Contract Price:
Should the Florida Department of Transportation's Bituminous Binder Price Index and/or the Florida
Department of Transportation's Diesel Fuel Price Index Fuel fall below $2 50/gallon, the parties agree
to a downward adjustment to reflect the price decrease.
4. The following is added to Article 7 – Contractor's Representations:
J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-veri ov) 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 and utilization for all subcontractors.
4. Article 10 - Federal Clauses is modified as follows:
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, sexual orientation, gender identity, 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, sexual orientation, gender identity, or national origin.
R. 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, loanor 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 Qrant, 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 M system-,
(ii) Enter into, extend, or renew a contract to procure or obtain anyequipment system or service that
uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of ansystem,
(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
2
(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.
(o, 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 apples
(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 anysy tem
during contract performance, or the contractor is notified of such by a subcontractor 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 ph (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 para aph (e) in
all subcontracts and other contractual instruments.
S. 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 ofog ods, 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 polyyinvl chloride 1ipe• aggregates such as concrete;
glass, including optical fiber; and lumber.
5. Exhibit 1 to the agreement is replaced with Exhibit 1 — First Amendment.
6. All other terms and provisions of the Agreement shall be unchanged and remain in full force and
effect.
IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day
and year first set forth above.
C.W. Roberts Contracting, Inc.
By:
Printed name: �-
Title: R 2 tiN\
(Corporate Seal)
Date: 611q6zo ?�2
4
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By:ad;
Cs v
N
Peter D.O'Bryan, hai
Attest: Jeffrey R. Smith, Cf%•of t Coxit;
And Comptroller '•'Gq�Qurar�.F`:�
By.
De ty erk
Jason E jBrglwn, County Administrator
Approved as to form and legal sufficiency:
D an Reingold, County Attorney
Exhibit l First Amendment (Bid 2020042)
Item
Description
UOM
Updated
Price
1
SUPERPAVE SP -9.5 (LESS THAN 25 TONS PER MOBILIZATION)
TN (Road)
TN (Lot)
$416
$426
2
SUPERPAVE SP -9.5 (25-99 TONS PER MOBILIZATION)
TN (Road)
TN (Lot)
$262
$272
3
SUPERPAVE SP -9.5 (100-299 TONS PER MOBILIZATION)
TN (Road)
TN (Lot)
$191
$201
4
SUPERPAVE SP -9.5 (300 TONS OR MORE PER MOBILIZATION)
TN (Road)
TN (Lot)
$153
$163
5
SUPERPAVE SP -12.5 (0-299 TONS PER MOBILIZATION)
TN (Road)
TN (Lot)
$191
$201
6
SUPERPAVE SP -12.5 (300 OR MORE TONS PER MOBILIZATION)
TN (Road)
TN (Lot)
$153
$163
7
FRICTION COURSE FC -9.5
TN
$222
8
FRICTION COURSE FC -12.5
TN
$213
9
TACK FOB GALLON
GAL
$8.25
10
PRIME
SY
$1.25
11
PRIME AND SAND
SY
$2.00
12
HOT ASPHALT FOR PICK UP FOB AT PLANT SP -9.5
TN
$94.00
13
TEMPORARY STRIPING
LF
$5.00
14
NIGHT WORK (INCREASE)
TN
$12.50
15A
COST FOR MILLING & CLEAN UP 0-2,500 SY AND UNDER
SY
$6.25
15B
COST FOR MILLING & CLEAN UP 2,501-5,000 SY
SY
$5.00
15C
COST FOR MILLING & CLEAN UP 5,001 TO 15,000 SY
SY
$4.00
15D
COST FOR MILLING & CLEAN UP 15,001 SY AND OVER
SY
$3.75
16
TIE-INS
EA
$1,250.00