HomeMy WebLinkAbout2023-015Agreement
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 COUNTY) and Meeks Plumbing, Inc.
(hereinafter called CONTRACTOR). COUNTY 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:
Connection of approximately 227 residences in the North County and West Wabasso areas to County
sanitary sewer service, based on homeowner participation.
CONTRACTOR has also provided base costs to complete connection of up to approximately 161 residences
(based on homeowner participation) to County water service. Any work on the water service is separately
authorized and paid for by the homeowners.
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: North County and West Wabasso Water and Sewer Customer Side Connections
RFP Number: 2023007
Project Address: Various
ARTICLE 3 - CONTRACT TIMES
3.01 Notice to Proceed
A. The Utilities Department will issue individual notices to proceed for sewer connection for each residence,
after confirmation of connection to County Water service, and after review and approval of a scope of
work from the CONTRACTOR. Notices to proceed for sanitary sewer at North County residences may begin
immediately after execution of this agreement. Notices to proceed for West Wabasso residences are
anticipated to be considered after July, 2023, after the new sanitary sewer system has been completed.
3.02 Term
A. The term of the agreement is one year, with three one-year extensions available, upon mutual consent.
ARTICLE 4 - CONTRACT PRICE
4.01 COUNTY shall pay CONTRACTOR for sewer connections, at the prices stated in CONTRACTOR's Proposal
Pricing Form, attached hereto as Exhibit 1, and as authorized on a notice to proceed for each individual
residence, issued by the Department of Utility Services. Invoices will be prepared and submitted monthly,
for the residences at which sanitary sewer was completed.
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4.02 CONTRACTOR shall invoice individual homeowners electing to utilize the pricing in this agreement for
water service connection, upon completion of the work, based on the rates stated in the CONTRACTOR's
Proposal Pricing Form.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 The COUNTY shall make payments to the CONTRACTOR for sanitary sewer connections on the basis of
the approved invoices, in accordance with the provisions of the Local Government Prompt Payment Act, Florida
Statutes section 218.70 et. seq.
ARTICLE 6 - INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the COUNTY, 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 COUNTY 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 COUNTY and others at the Site
that relates to the Work as indicated in the Contract Documents.
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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 COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies that
CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by COUNTY 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.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 and utilization for all subcontractors.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notices to Proceed (signed by Utilities for each individual property);
(3) Certificate(s) of Liability Insurance;
(4) Request for Proposals 2023007;
(5) CONTRACTOR'S Submitted Proposal;
(6) Firm Information Form;
(7) Proposal Pricing Form;
(8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships;
(9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(10) Certification Regarding Lobbying;
(11) Certification Regarding Debarment;
(12) 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 Request for Proposals.
9.02 Assignment of Contract
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A. 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
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. COUNTY 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 COUNTY 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
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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
180127th 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 COUNTY 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 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
(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. 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 for a 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 COUNTY and understands and agrees that the
COUNTY 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.
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(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 COUNTY and understands and agrees that the
COUNTY 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 COUNTY. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to COUNTY, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from
this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
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.
G. Prohibition on Contracting for Covered Telecommunications Equipment or Services:
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(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
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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.
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. 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.
J. 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
COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing
any other remedies which the COUNTY may have under this Contract or under law:
(1) if in the COUNTY'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;
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(3) if in the COUNTY'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. COUNTY 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 COUNTY.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B,
COUNTY 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 COUNTY may
authorize CONTRACTOR to restore any work sites.
D. TERMINATION FOR CONVENIENCE: COUNTY may at any time and for any reason terminate
CONTRACTOR's services and work for COUNTY'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 COUNTY.
Contractor shall not be entitled to any other claim for compensation or damages against the County in
the event of such termination.
E. 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.
COUNTY 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.
COUNTY 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
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been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as
set forth in section 215.4725, Florida Statutes.
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IN WITNESS WHEREOF, COUNTY and CONTRACTOR have signed this Agreement in duplicate. One counterpart each
has been delivered to COUNTY and CONTRACTOR. All portions of the Contract Documents have been signed or
identified by COUNTY and CONTRACTOR or on their behalf.
This Agreement will be effective on January 31, 2023.
COUNTY:
INDIAN RIVER COUNTY
Joseph H. Earman, Chairman
By:
. zi:c�
icha . Zito, Interim County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and
Attest:
Deputy Clerk i
(SEAL)
.•yT ��
Designated Representative: 9�v£R COUN
Name: Robert Tobar, EI
Title: Utility Design Engineer
Address: 180127 1h Street, Vero Beach, FL 32960
Phone: 772-226-1801
Email: rtobar@ircgov.com
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CONTRACTOR:
Meeks Plumbing, Inc.
-IVBy:
(Contractor)
(CORPORATE SEAL)
Attest _
Address for giving notices:
License No. CuC/aa s -e13 CiR--/q�zg5o
(Where applicable)
Agent for service of process: 1�V� d17G2�S
Designated Representative:
Name:l� 4 117 ks
Title: PI—e-51
Address:
SS. -SS C -L.5 . f�Y /
Veno . r 3,06,7
Phone: 77o`t- 5-C, 51 -,?� gS—
Email: P/��a-01-Cv�
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Exhibit 1 to the Agreement — Pricing
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RFP 2023007 North County Water and Sewer Customer Side Connections
PROPOSAL PRICING
Proposer submits the following prices for the work described in this solicitation:
Item of Work _
UOM
Unit Pace �
Furnish/Install Water service connection (excluding lateral)
EA _
$ 00.00
$14.00
$0.22
Furnish/Install PVC Water service lateral
LF
Septic Tank Pump Out
GAL
Septic Tank Abandonment
EA
$ 800.00
Simplex Lift Station Construction
EA
$10,950.00
Furnish/Install sewer connection (excluding line)
EA
$ 800.00
Furnish/Install PVC Sewer Line
LF _
$18.00
Indian River County Public Works ROW Permit
EA
$800
The County will consider variance from proposed pricing, up to 25%, or otherwise determined to be
reasonable by the County, for individual site conditions.
The undersigned hereby certifies that they have read and understand the contents of this solicitation
and agree to furnish at the prices shown above all of the services specified in the RFP document, 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.
Meeks Plumbing, Inc
Name of Firm
�
uthorized Signature
President
Title
11/18/2022
Date Signed
5555 US Highway 1, Suite 1
Address
Vero Beach, Florida 32967
City, State, Zip Code
( 772 ) 473 - 1947
Phone
kmeeks@meeksplumbing.com
E-mail
Page 12 of 34
Exhibit 2 to the Agreement — Sample Notice to Proceed
Date
TO: Contractor
Indian River County Agreement 2023007
Property Address:
Please proceed with the following work under the subject agreement at the listed property, with
the following scope, per your estimate provided to the customer:
Water service
connection
Sewer service
connection
Septic Tank Pump
Out
Septic Tank
Abandonment
Private Simplex Lift
Station Installation
By:
(AUTHORIZED SIGNATURE)
(TITLE)
14