HomeMy WebLinkAbout2024-039FIRST AMENDMENT TO AGREEMENT
FOR SPORTING CLAYS FACILITY IMPROVEMENTS
This First Amendment to that certain Agreement for Sporting Clays Facility Improvements (IRC -1847, Bid
2024016) is entered into effective as of February 6, 2024 by and between Indian River County, a political
subdivision of the State of Florida ("County") and GRSC, Inc. ("Contractor").
BACKGROUND RECITALS
WHEREAS, the County and the Contractor entered into an Agreement for Sporting Clays Facility
Improvements effective December 5, 2023; and
WHEREAS, OWNER has entered into a grant agreement with the Florida Fish and Wildlife Conservation
Commission (FWC) for funding of a portion of the work under the agreement, with U.S. Fish and Wildlife
Service as the source of the funds; and
WHEREAS, several federal terms and conditions are required in the agreement to ensure eligibility for the
U.S. Fish and Wildlife Service Funds; and
WHEREAS, the parties desire to amend the Agreement to include Federal Terms;
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor
agree as follows:
The background recitals are true and correct and form a material part of this First Amendment.
2. The Agreement is amended to include the addition of Article I 1 — FEDERAL TERMS, as follows:
3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and
effect.
ARTICLE 11— FEDERAL CLAUSES
11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work:
A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, 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 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 (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).
(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.
(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 OWNER. The payrolls submitted shall set out 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 Owner, for transmission to 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
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.
(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 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.
(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 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:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to
be withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or 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.
Clean Air Act and Federal Water Pollution Control Act:
(1) Clean Air Act.
(a) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(b) The contractor agrees to report each violation to the OWNER and understands and agrees that
the OWNER will, in turn, report each violation as required to assure notification to FWC, 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.
(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 FWC, 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.
F. Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered transaction it
enters into.
(3) This certification is a material representation of fact relied upon by OWNER. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
G. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any 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 certifications) to the awarding agency.
H. Procurement of Recycled/Recovered Materials:
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines
web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
I. Prohibition on Contracting for Covered Telecommunications Equipment or Services:
The contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee
funds under this agreement to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology of
any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service
that uses covered telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as
part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual
instrument, any equipment, system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of any
system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or
interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract
number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original
equipment manufacturer number, manufacturer part number, or wholesaler number); item description;
and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any
further available information about mitigation actions undertaken or recommended. In addition, the
contractor shall describe the efforts it undertook to prevent use or submission of covered
telecommunications equipment 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.
J. Domestic Preference/ Build America, Buy America (BABA)
i. All iron and steel, manufactured products, and construction materials used in the project must be
produced in the United States.
ii. The BABA provision applies to all articles, materials, and supplies consumed in, incorporated
into, or affixed to an infrastructure project for federal awards on or after May 14, 2022.
iii. All subcontractors, successors, or assignees to this Agreement will be held to the same
requirements as the original Parties to this Agreement.
iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction
site and removed at or before completion of the infrastructure project. Nor does the BABA
provision apply to equipment and furnishings used at or within the finished infrastructure project
but are not an integral part of the structure or permanently affixed to the infrastructure project.
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.
K. Access to Records The following access to records requirements apply to this contract:
(1) The contractor agrees to provide OWNER, the State of Florida, the Florida Fish and Wildlife
Commission, the U.S. Fish and Wildlife Service, 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 Florida Fish and Wildlife Commission Chairman 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 Florida Fish and Wildlife Commission Chairman or the Comptroller General of the United States.
L. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that
Federal financial assistance will be used to fund all or a portion of the contract. The contractor will comply
will all applicable Federal law, regulations, executive orders, policies, procedures, and directives.
M. No Obligation by Federal Government: The Federal Government is not a party to this contract and
is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
N. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions
pertaining to the contract.
O. 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.
P. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained
in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163, 89 Stat. 871) applies.
Q. Other Federal Compliance
Contractor will comply with all federal laws, rules, and regulations, including:
Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally
taken, possessed, transported or sold.
Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act
governs marine fisheries in Federal waters.
Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue,
hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase,
deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be
transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of
carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such
bird.
Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of
threatened and endangered plants and animals and the habitat in which they are found. The Act also
prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also,
generally prohibited are the import, export, interstate, and foreign commerce of listed species.
R. Drug Free Workplace: Pursuant to the Drug -Free Workplace Act of 1988, the Contractor attests and
certifies that the Contractor will provide a drug-free workplace compliant with 41 U.S.C. 81.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed effective the day
and year first set forth above.
GRSC, Inc INDIAN RIVER COUNTY, FLORIDA. .�� �pA1M/s9
BOARD OF COUNTY C ONER$-%-�: '
s
By: By:
Printed n �TrS an Ad Chairman
Title: t lrles ,-L�' '•09 : c
• E'ER COUNT
(Corporate Seal)
Date: Attest: Ryan L. Butler, Clerk of Circuit Court
and Ctroller
By:7 0&&'&J—
Deputy
Clerk
App r ed-
Un
d•J n A. Titkani h, Jr.
County Administrator
sufficiency:
K. an
Assistant CoA* Attorney