HomeMy WebLinkAbout2022-253BPOST HURRICANE COUNTY PARK DUNE REPAIRS
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:
ARTICLE 1- WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The proposed project includes the construction emergency dune repair measures at select County
beach parks due to erosional impacts observed to the dune from the passing of Hurricane Ian on
September 28, 2022, and the subsequent passing of Hurricane Nicole on November 11, 2022. Such
measures include the placement of beach compatible material, secured from an upland source, to the
existing dune in order to create a 3:1 slope on the face of the dune to provide storm protection measures.
ARTICLE 2 - THE PROJECT
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: IRC -2227
Bid Number: 2023014
Project Address: VARIOUS COUNTY BEACH PARKS
ARTICLE 3 - CONTRACT TIMES
3.01 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 specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before FEBRUARY 28, 2023, or earlier
as identified in applicable permit.
3.03 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 3.02
above, plus any extensions thereof allowed in writing as a change order to this Agreement.
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 $1,170.00 for each calendar day that expires after the time specified in paragraph 3.02
for completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 4 - CONTRACT PRICE
OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of
the amounts determined at the prices stated in CONTRACTOR's Price Proposal, attached hereto as Exhibit
1.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 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 amount due to CONTRACTOR until final completion
and acceptance of all work to be performed by CONTRACTOR under the Contract
Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall be made no more frequently than monthly and
shall contain the CONTRACTOR'S certification of completed work. 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.
5.03 Paragraphs 5.01 and 5.02 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.
5.04 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 Agreement 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 this Agreement, the Invitation to Bid or the Public
Construction Bond.
ARTICLE 6 - INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the
Work.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 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 Invitation to Bid 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 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.
E. 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.
F. 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.
G. 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.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-verify.sov) 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.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notice to Proceed;
(3) Public Construction Bond;
(4) Certificate(s) of Liability Insurance;
(5) Invitation to Bid 2023014;
(6) Addenda (numbers 1 to 2, inclusive);
(7) CONTRACTOR'S Bid Form;
(8) Bid Bond;
(9) Qualifications Questionnaire;
(10) Drug Free Workplace Form;
(11)Affidavit of Compliance;
(12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships;
(13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(14) Certification Regarding Lobbying;
(15) 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 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. A party hereto may assign any rights under or interests in the Agreement, including to another
governmental entity, with the written consent of the party sought to be bound; No assignment by
a party hereto of any rights under or interests in the Agreement 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
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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.
9.03 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.
9.04 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.
9.05 Venue
A. This Agreement 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 Agreement 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.
9.06 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
180127 1h Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
ARTICLE 10 — FEDERAL CLAUSES
10.01 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, sexual orientation, gender identity, 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.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This provision
shall not apply to instances in which an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of
an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or
is consistent with the contractor's legal duty to furnish information.
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(4) 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 orworkers' representatives of the contractor's commitments underthis section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
(5) 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.
(6) 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.
(7) 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.
(8) 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. Further Compliance with the Contract Work Hours and Safety Standards Act:
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them fora period of three years from the completion of the contract
for all laborers and mechanics, including guards and watchmen, working on the contract. Such records
shall contain the name and address of each such employee, social security number, correct classifications,
hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages
paid.
(2) Records to be maintained under this provision shall be made available by the contractor or
subcontractor for inspection, copying, or transcription by authorized representatives of the Department
of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and
the contractor or subcontractor will permit such representatives to interview employees during working
hours on the job.
C. Clean Air Act and Federal Water Pollution Control Act:
(1) Clean Air Act.
(a) 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.
(b) 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.
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(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
(2) Federal Water Pollution Control Act
(a) 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.
(b) 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.
(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
D. 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).
(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 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.
E. 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 who in
turn will forward the certification(s) to the awarding agency.
F. 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.
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G. 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 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 orservices, 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.
H. 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.
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 section 1225 of 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. 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. The
contractor shall include this provision in any subcontracts.
K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that
FEMA 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 FEMA policies, procedures, and
directives.
L. 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.
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M. 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.
N. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary
steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's
business enterprises, and labor surplus area firms are used when possible.
0. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the
Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the
performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works,
distribute copies to the public, and perform publicly and display publicly such data. For data required by
the contract but not first produced in the performance of this contract, the Contractor will identify such
data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced
in the performance of this contract. Data, as used herein, shall include any work subject to copyright under
17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music,
choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual
works, sound and/or video recordings, and architectural works. Upon or before the completion of this
contract, the Contractor will deliver to the Owner data first produced in the performance of this contract
and data required by the contract but not first produced in the performance of this contract in formats
acceptable by the Owner.
Article 11: 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. 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.
12
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 December 13, 2022 (the date the Agreement is approved by the Indian
River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
INDIAN RIVER COUNTY
• GAJ` ... SS/�A✓F� `:
By.
H. Earm irmarta
By:
lnsnn F Rrn n_ Cnunty A ministrat r •._"' _.• ���:'
CONTRACTOR:
Guettler Brothers Construction LLC.
By: Ben Guettler
—j�� (Contractor) Manager
(CORPORATE SEAL)
Attest N �FS F 1kyt
APP R VED FO AN E A U IC NCY:
By:
(�• Dylan Reingol , County Attorney Address for giving notices:
- 4401 Whiteway Dairy Road
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Eric Charest
Natural Resources Manager
Public Works Department
772-226-1569
echarest@ircgov.com
Fort Pierce FL 34947
License No. CGC1511503
(Where applicable)
Agent for service of process: Ben Guettler
Designated Representative:
Name: Ben Guettler
Title: Manager
Address:
4401 Whiteway Diary Road
Fort Pierce FL 34947
Phone: 772-461-8345
Email: 772-461-8039
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Exhibit 1 to the Agreement — Pricing
BID #2023014 -ADDENDUM 1
Bid Form — Bid 2023014 Post Hurricane Ian County Park Dune Repairs —
Addendum 1
The following addenda are hereby acknowledged: ORIGINAL
Addendum Number Date
11/17/2022
11/22/2022
In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following:
Item
Unit
Price
Unit
Quantity
Total
GOLDEN SANDS BEACH PARK
1. Mobilization/Demobilization
$►s 00000
LS
1
$ t5 ono o°
2. Hurricane Ian Beach Compatible Sand Fill
$ °-°
CY
1,600
$
(Provide Fill, Deliver Fill, Grade Fill)
3S
3. Hurricane Nicole Beach Compatible Sand
$ 3s
CY
1,250
$ y 3'-750
Fill (Provide Fill, Deliver Fill, Grade Fill)
4. Site Restoration
$ 2�RSS°�
LS
1
$ 2 q 5 5
WABASSO BEACH PARK
1. Mobilization/Demobilization
$ tlgqF6-v
LS
1
$ t t9CtS °=
2. Hurricane Ian Beach Compatible Sand Fill
$
CY
2,100
$ a
(Provide Fill, Deliver Fill, Grade Fill)
33°�
'3a 0
3. Hurricane Nicole Beach Compatible Sand
$
CY
2,225
$
Fill (Provide Fill, Deliver Fill, Grade Fill)
3'�'
4. Site Restoration
$ Z9 55
LS
1
$ Z� q S 5
TRACKING STATION BEACH PARK
1. Mobilization/Demobilization
$ I eic�b
LS
1
$ I
2. Hurricane Ian Beach Compatible Sand Fill
o°
$ 33 -
CY
2,600
av
$ '85
(Provide Fill, Deliver Fill, Grade Fill)
i SOU
3. Hurricane Nicole Beach Compatible Sand
CY
5,625
$ ao0
Fill (Provide Fill, Deliver Fill, Grade Fill)
✓Z'
( �6p O 0
4. Site Restoration
$
LS
1
$ 2- q S5 0?
TURTLE TRAIL BEACH ACCESS
1. Mobilization/Demobilization
$ iQa( °
LS
1
$
2. Hurricane Ian Beach Compatible Sand Fill
$ 130--
CY
500
$ 1
(Provide Fill, Deliver Fill, Grade Fill)
Bt000
3. Hurricane Nicole Beach Compatible Sand
$ '3�°%
CY
250
Fill (Provide Fill, Deliver Fill, Grade Fill)
$ 9t 00c> o_o
BID #2023014 - ADDENDUM 1 Page 15 of 42
171�7ei►IIy�Cil e �7T�U1�1►1i1
Item
Unit
Price
Unit
quantity
Total
4. Site Restoration
$ 4 ,r o,
LS
1
$ 2� � ec
SEAGRAPE BEACH ACCESS
1. Mobilization/Demobilization
$ I Saba°
LS
1
$
2. Hurricane Ian Beach Compatible Sand Fill
(Provide Fill, Deliver Fill, Grade Fill)
$ 3��'_.
Cy
550
$ ICIr��
3. Hurricane Nicole Beach Compatible Sand
Fill (Provide Fill, Deliver Fill, Grade Fill)
$ '�i(o�
CY
275
$ c��°i�o
4. Site Restoration
$ Z�hS °�
LS
1
$
SUBTOTAL(
FORCE ACCOUNT
$60,000.00
Total Bid Price
$ (��` �.I LA
Total Bid Price in Words
Will your company extend these prices to other governmental agencies Yes ❑ No
within the State of Florida?
The undersigned hereby certifies that they have read and understand the contents of this solicitation
and agree to furnish at the prices shown any or all of the items above, subject to all instructions,
conditions, specifications, and attachments hereto. Failure to have read all the provisions of this
solicitation shall not be cause to alter any resulting contract or request additional compensation.
Company Name: Guettler Brothers Construction LLC.
4401 Whiteway Diary Road
Company Address:
City, State
Telephone:
Fort Pierce FL
772-461-8345
E-mail: ben@guettlerconstruction.com
Fax:
Zip Code
772-461-8039
34947
Business Tax Receipt Number: n/a FEIN Number: 203608929
/�-
Authorized Signature: ` �1`� — -� � Date:
Name: Ben Guettler Title:
(Type / Printed)
11/30/2022
Manager
BID #2023014 - ADDENDUM 1 Page 16 of 42