HomeMy WebLinkAbout2023-255IRC -2304 AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
AGREEMENT
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 Ranger
Construction Industries, Inc. (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:
Asphalt Paving and Resurfacing
ARTICLE 2 - THE PROJECT
2.1 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: Annual Asphalt Paving and Resurfacing (IRC -2304)
Bid Number: 2024011
Project Address: Countywide
2.2 Asphalt paving and resurfacing services shall be identified in individual Task Assignments prepared
by the COUNTY, referencing an existing Purchase Order, and signed by the Public Works Director or his
designee. Task Assignments shall include a location and description of paving and resurfacing services to
be performed, and an anticipated deadline for completion of the work to be performed by the
CONTRACTOR; and any other additional instructions or provisions relating to the specific project that does
not conflict with the terms of this Agreement.
2.3 Services related to any individual Task Assignment which would increase or decrease cost, or
which are otherwise outside the scope of Services or level of effort must be approved by the COUNTY.
2.4 No representation or guarantee is made by Indian River County as to the minimum or maximum
dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of
this Agreement.
ARTICLE 3 - CONTRACT TIMES
The initial contract term shall be for a one (1) year period from the date of award. Indian River County ("the
County') reserves the option to extend the contract for two additional periods of one (1) year each, subject
to vendor acceptance, satisfactory performance and staff's determination that a renewal would be in the
best interest of the County.
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ARTICLE 4 - CONTRACT PRICE
CONTRACTOR shall invoice OWNER monthly for assigned work completed and at prices stated in
CONTRACTOR's Bid, attached hereto as Exhibit 1.
ARTICLE 5 - PAYMENT PROCEDURES
Owner shall make monthly payments based on invoices submitted and for work completed by the
CONTRACTOR, in accordance with the provisions of the Local Government Prompt Payment Act, Florida
Statutes section 218.70 et. seq.
ARTICLE 6 - INDEMNIFICATION
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 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.
C. 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.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 an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating
the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities
Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the
assurance by the Contractor pursuant thereto.
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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(s), if requested;
(4) Certificate(s) of Liability Insurance;
(5) Invitation to Bid 2024011;
(6) Addenda (numbers to , inclusive);
(7) CONTRACTOR'S Bid Form;
(9) Qualifications Questionnaire;
(10) Drug Free Workplace Form;
(11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships;
(12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(13) Certification Regarding Lobbying;
(14) 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) Individual Project Purchase Order(s);
c) Individual Task Assignments.
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. 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. 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
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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
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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 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.
(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 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.
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(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 (8) 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.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work: Provided, that
if the applicant so participating is a state or local government, the above equal opportunity clause is not
applicable to any agency, instrumentality or subdivision of such government which does not participate
in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has
not demonstrated eligibility for, Government contracts and federally assisted construction contracts
pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any
or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). [Applicable to Federal Construction Work
except under PA or Hazard Mitigation Grants]
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(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers
or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided
in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein: Provided, That the
employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates conformed
under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all
times by the contractor and its subcontractors at the site of the work in a prominent and accessible place
where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the contract
shall be classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action taken shall
be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department
of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30 -day period that additional time is necessary.
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(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary
of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(2) Withholding. 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 the contractor under
this contract or any other Federal contract with the same prime contractor, or any other federally -assisted
contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime
contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, the OWNER may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a period of three years thereafter for
all laborers and mechanics working at the site of the work (or under the United States Housing Act of
1937, or under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -
Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever
the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the
contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant,
sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out
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accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g.,
the last four digits of the employee's social security number). The required weekly payroll information
may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage
and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but
if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as
the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime contractor for its own records, without weekly
submission to the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under
§5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance"
required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor
to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of the (write
the name of the agency) or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the required
records or to make them available, the Federal agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State
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Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the
Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer
be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating
in a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
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(5) Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as 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 the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of
the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither
it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
C. Compliance with the Copeland "Anti -Kickback" Act. [Applicable to Construction Work greater than
$2,000 where Davis -Bacon applies]
(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.
D. Compliance with the Contract Work Hours and Safety Standards Act: [Applicable to projects over
$100K requiring mechanics or laborers, if Davis -Bacon Applies]
(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.
IRC-2304_AGREEM ENT 202311212024011
Annual Asphalt Paving and Resurfacing
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to
be withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by
any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of
this section.
A. Further Compliance with the Contract Work Hours and Safety Standards Act: [Applicable to FEMA -
funded work exceeding $100K requiring mechanics or laborers, if Davis -Bacon does NOT apply, such as PA
or Hazardous Mitigation Grant Funds]
(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.
F. Clean Air Act and Federal Water Pollution Control Act: [Applicable to all Federally -funded projects
over $150k1
(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.
(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.
IRC-2304_AGRE EM ENT 202311212024011
Annual Asphalt Paving and Resurfacing
(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.
G. Suspension and Debarment [Applicable to all Federal Projects]
(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.
H. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) [Applicable to all Federal Projects
over $100K]
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.
I. Procurement of Recycled/Recovered Materials: [Applicable to all Federal Projects over $10,0001
(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 RC-2304_AG REE ME NT_202311212024011
Annual Asphalt Paving and Resurfacing
J. Prohibition on Contracting for Covered Telecommunications Equipment or Services: [All Federal
Projects]
(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:
L 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:
IRC-2304_AGREE ME NT 202311212024011
Annual Asphalt Paving and Resurfacing
(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.
K. Domestic Preference for Procurements [Applicable to all Federal Projects]
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.
L. Access to Records [Applicable to FEMA funded Projects]:
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.
M. DHS Seal, Logo, and Flags: [Applicable to all FEMA funded Projects] 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.
N. Compliance with Federal Law, Regulations, and Executive Orders: [Applicable to all FEMA funded
Projects] 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.
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
O. No Obligation by Federal Government: [Applicable to all Federal projects] 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.
P. Program Fraud and False or Fraudulent Statements or Related Acts: [Applicable to all Federal
Projects] 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.
Q. Affirmative Steps: [Applicable to all Federal projects] 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.
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.
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.
IRC-2304_AGRE EMENT 202311212024011
Annual Asphalt Paving and Resurfacing
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.
IRC -2304 AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
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 November 21, 2023 (the date the Agreement is approved by the Indian
River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
By: f/��`"""'v`"� •,,�✓ COUNT;
ohnA-Tykanich, Jr., County Administrator'"""
D AS TQ FORM AND LEGAL SUFFICIENCY:
K. Keit#Jackm�n, A�siStant County Attorney
Ryan L. Butler, Clerkf Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: Kirstin Leiendecker
Title: Assistant Public Works Director
Address: 180127'h Street, Vero Beach FL 32960
Phone 772-226-1327
Email kleiendecker@indianriver.gov
CONTRACTOR:
RANGER CONSTRUCTION INDUSTRIES, INC.
cott Fowler)
(CORPORATE SEAL)
Attest L
Address for giving notices:
Ranger Construction Industries, Inc.,
1200 Elboc Way, Winter Garden, FL 34787
License No. CGC031554
(Where applicable)
Agent for service of process:
Designated Representative:
Name: Stacv Barber
Title: Contract Administrator
Address:
1200 Elboc Wav, Winter Garden, FL 34787
Phone: 407-656-9255
Email: st�.barberPrangerconstr� ct tion.corn
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
'no)
Ranger
R
Construction
Industries, Inc.
CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS
OF RANGER CONSTRUCTION INDUSTRIES, INC.
RESOLVED, that Scott Fowler, Assistant Secretary, be authorized to sign any bid
documents, contracts, leases and other documents considered to be "in the ordinary
course" of this Corporation's business. This authorization does not include "major
decisions" including, but not limited to, potential business acquisitions or dispositions
greater than $3 million, major restructurings, distributions greater than $1 million,
windups, mergers, liquidations, the sale of a portion of the business, or any other decision
other than "in the ordinary course."
The foregoing is a true and correct copy of the resolution adopted by Ranger
Construction Industries, Inc., at a meeting of its Board of Directors on the 18th day of
July, 2012 and is still in force and effect.
This authorization has been affirmed as of this day, October 3rd, 2012, by the Secretary
and Treasurer of Ranger Construction Industries, Inc..
ougl rowni
r
�c Secretary - Treasurer j
Central Division Office & Company Headquarters: 101 Sansbury's Way, West Palm Beach, Florida 33411
Corporate Mailing Address: P.O. Box 15065, West Palm Beach, Florida 33416 • www.RangerConstruction.com
Phone: (561) 793-9400 • Toll-free: (800) 969-9402 • Fax: (561) 790-4332
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
EXHIBIT 1 TO THE AGREEMENT - PRICING
�r ONGMAL
2024011 Annual Paving (IRC -2304)2024011
Annual Asphalt Paving and Resurfacing
BID FORM
Project Name
Bid #: 2024011
Bid Opening Date and Time: October 4, 2023 2:00 P.M.
Bid Opening Location: Purchasing Division
1800 27th Street
Vero Beach, FL 32960
The following addenda are hereby acknowledged:
Addendum Number Date
In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following:
Page 16 of 56
ROAD PARKING
Item
ASPHALT IC CONCRETE
DESCRIPTION
PAVING ± LOTS
1.
SUPERPAVE SP -9.5 - LESS THAN 25 TONS
VENDOR DELIVERED,
PER MOBILIZATION
VENDOR PLACED
I
Traffic Level C
,a,9,00/Ton. "%,53, Ton
2.
SUPERPAVE SP -9.5 - 25-99 TONS PER
VENDOR DELIVERED,
MOBILIZATION
VENDOR PLACED
I
Traffic Level C
to /Ton ,3p/Ton
3.
SUPERPAVE SP -9.5 - 100-299 TONS PER VENDOR DELIVERED,
MOBILIZATION VENDOR PLACED
Traffic Level C 113.55 /Ton �v�}• /Ton
4.
SUPERPAVE SP -9.5 - 300 TONS OR MORE
VENDOR DELIVERED,
PER MOBILIZATION
VENDOR PLACED
j
Traffic Level C
/Ton 91.!J.5 /Ton
5.
SUPERPAVE SP -12.5 - 0-299 TONS PER
i VENDOR ?DELIVERED,
i
MOBILIZATION
VENDOR PLACED
!
I Traffic Level C
3, Q /Ton 193 /Ton
6.
SUPERPAVE SP -12.5 - 300 OR MORE TONS
VENDOR DELIVERED,
PER MOBILIZATION
J VENDOR. PLACED 1
Traffic Leizl C '7,_'�5/Ton I g'71 95/Ton
7.
FRICTION COURSE FC -9.5
VENDOR DELIVERED,
VENDOR PLACED
Traffic LweI C 6•aO/Ton
Page 16 of 56
2024011 Annual Paving (IRC -2304)2024011
Annual Asphalt Paving and Resurfacing
Will your company extend these prices to other governmental agencies Yes i
within the State of Florida? -
Contractor License Number(s): Cvu 031554
The fcllowi:ng equ pnie. .t is ov%inecl by our firm and uJciL ::e i ✓( �I:Is �JGi IC:
Year Type -- Make and Mode.--- -
See attached kquipment list _
Page 17 of 55
No U
ROAD
PARKING
Item
ASPHALTIC CONCRETE
DESCRIPTION
PAVING
LOTS
8.
FRICTION COURSE FC -12.5
VENDOR DELIVERED,
VENDOR PLACED
Traffic Level C
9.
TACK FOB GALLON FOB GALLON
:Z.c:� /Gal
10.
PRIME VENDOR, DELIVERED,
VENDOR PLACED U. so /SY
11.
PRIME AND SAND VENDOR DELIVERED,
'JENDOR PLACED ; O.qQ /SY
12.
HOT ASPHALT FOR PICK UP FOB AT PLANT i FOR PICK UP
SP .,9.5 i)J,
j
/Ton
13.
TEMPORARY STRIPING IEND0, SCHECULES &
I
PA0VIC-S
10.90 /_F _
14.
NIGHT WORK
FCOST PER. --ON INCREASE
; , ��� /Ton
15A.
COST FOR MILLING & CLEAN UP
0-2,50 51 ,0 ND UNDER
%SY
15B.
2,501-5,000 SY
5,001 TO 15,000 SY
.3.05 /SY L
qL /SY
—
15C.
15D.
15,001 SY AND OVER;_
1
c_:, :c - -
PER SCOPE OF WORK
Will your company extend these prices to other governmental agencies Yes i
within the State of Florida? -
Contractor License Number(s): Cvu 031554
The fcllowi:ng equ pnie. .t is ov%inecl by our firm and uJciL ::e i ✓( �I:Is �JGi IC:
Year Type -- Make and Mode.--- -
See attached kquipment list _
Page 17 of 55
No U
2024011 Annual Paving (IRC -2304)2024011
Annual Asphalt Paving and Resurfacing
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: FZarige Construction Industries, Inc.
Company Address: 45110 ylades Cutor Roaa
City, State Ft Pierce, Florida
Teleohone: (772) 464-6460
E-mail: estimating@rangerconstruction.com
Zip Code 34981 _`
Fax: (772) 466-9559
Business Tax Receipt Number: 1799-009 00(29 FEIN Number:
�Authorized Signatur : `" " Date:
59-2098(362
10/4/2023
Name: F Scott Fowler Title: Vice President
(-i ype / Printed)
Page 18 of 56
IRC-2304_AGREE MENT 202311212024011
Annual Asphalt Paving and Resurfacing
TASK ASSIGNMENT
Contractor:
Date Issued:
Project Location:
Project Special Instructions:
Complete by:
Reference and Bill Purchase Order
County Point of Contract:
Authorized by (signature):
Printed Name of Public Works Administrator or Designee:
Please respond by email to indicate receipt of this assignment.
IRC -2304 AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
Attachment 1 to ITB 2024011— IRC Highway Prevailing Wage
Determination
"General Decision Number: FL20230170 01/06/2023
Superseded General Decision Number: FL20220170
State: Florida
Construction Type: Highway
County: Indian River County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis -Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but do not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
JIf the contract is entered I.
linto on or after January 30,
12022, or the contract is I
Irenewed or extended (e.g., an 1.
loption is exercised) on or I
(after January 30, 2022: 1
1 I
1 I
1 I
1 I
1 I
1 I
1 I
IIf the contract was awarded onl.
for between January 1, 2015 andl
(January 29, 2022, and the I
Icontract is not renewed or 1.
lextended on or after January l
Executive Order 14026
generally applies to the
contract.
The contractor must pay 1
all covered workers at I
least $16.20 per hour (or I
the applicable wage rate I
listed on this wage
determination, if it is I
higher) for all hours I
spent performing on the 1
contract in 2023. l
I
Executive Order 13658 I
generally applies to the I
contract. I
The contractor must pay alll
covered workers at least I
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
130, 2022: 1 $12.15 per hour (or the I
1 I applicable wage rate listedl
I on this wage determination,)
I if it is higher) for all I
I hours spent performing on I
I that contract in 2023. I
I I I
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional -information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2023
ELEC0915-004 12/05/2022
Rates Fringes
ELECTRICIAN ......................$ 32.56 420+$0.35
----------------------------------------------------------------
SUFL2013-031 08/19/2013
Rates
CARPENTER ........................$ 15.68 **
CEMENT MASON/CONCRETE
FINISHER, Includes Form Work ..... $ 15.01 **
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine) ..... $ 15.57 **
HIGHWAY/PARKING LOT STRIPING:
Painter .........................$ 12.13 **
Fringes
0.00
0.00
0.00
0.00
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
IRONWORKER, ORNAMENTAL ...........
$ 13.48
**
0.00
IRONWORKER, REINFORCING ..........
$ 15.38
**
0.00
IRONWORKER, STRUCTURAL ...........
$ 16.42
Loader ................$
0.00
LABORER (Traffic Control
0.00
OPERATOR:
Broom/Sweeper .........
Specialist) ......................$
11.79
**
0.00
LABORER: Asphalt, Includes
15.23
**
0.00
Raker, Shoveler, Spreader and
Concrete Finishing
Distributor ......................$
14.05
**
0.00
LABORER: Common or General ......
$ 10.69
**
0.00
LABORER: Flagger................$
13.09
**
0.00
LABORER: Grade Checker ..........
$ 14.66
**
0.00
LABORER: Mason Tender -
13.04
**
0.00
Cement/Concrete..................$
12.58
**
0.00
LABORER: Pipelayer..............$
12.44
**
0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......
$ 14.96
**
0.00
OPERATOR:
Bobcat/Skid
Steer/Skid
Loader ................$
12.88
**
0.00
OPERATOR:
Broom/Sweeper .........
$ 12.91
**
0.00
OPERATOR:
Bulldozer .............$
15.23
**
0.00
OPERATOR:
Concrete Finishing
Machine ..........................$
15.44
**
0.00
OPERATOR:
Crane .................$
22.04
0.00
OPERATOR:
Curb Machine ..........
$ 18.45
0.00
OPERATOR:
Drill .................$
13.04
**
0.00
OPERATOR:
Forklift ..............$
10.43
**
0.00
IRC-2304_AGREEM ENT 202311212024011
Annual Asphalt Paving and Resurfacing
OPERATOR:
Gradall...............$
14.71 **
0.00
OPERATOR:
Grader/Blade ..........
$ 18.20
0.00
OPERATOR:
Loader ................$
13.14 **
0.00
OPERATOR:
Mechanic ..............$
17.52
0.00
OPERATOR:
Milling Machine .......
$ 16.04 **
0.00
OPERATOR:
Oiler .................$
16.67
0.00
OPERATOR:
Paver (Asphalt,
Aggregate,
and Concrete) .........
$ 15.47 **
0.00
OPERATOR:
Piledriver ............
$ 17.23
0.00
OPERATOR: Post Driver
(Guardrail/Fences)...............$
15.97
**
0.00
OPERATOR: Roller ................$
12.50
**
0.00
OPERATOR: Scraper ...............$
12.21
**
0.00
OPERATOR: Screed ................$
14.14
**
0.00
OPERATOR: Trencher ..............$
14.25
**
0.00
PAINTER: Spray ..................$
19.57
0.00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation ......
$ 15.11
**
0.00
TRUCK DRIVER: Dump Truck ........
$ 11.86
**
0.00
TRUCK DRIVER: Flatbed Truck .....
$ 14.28
**
0.00
TRUCK DRIVER: Lowboy Truck ......
$ 16.25
0.00
TRUCK DRIVER: Slurry Truck ......
$ 11.96
**
0.00
TRUCK DRIVER: Water Truck .......
----------------------------------------------------------------
$ 13.57
**
0.00
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
** Workers in this classification may be entitled to a higher
minimum wage under. Executive Order 14026 ($16.20) or 13658
($12.15). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
IRC-2304_AGREEMENT 202311212024011
Annual Asphalt Paving and Resurfacing
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"