Attachement_B_-_DRAFT_CONTRACT_.pdf

DRAFT

Brevard County

Parks and Recreation Department

Contract for Construction

Demolition and Installation of 2 Floating docks and decks at Leroy Wright Park

Brevard County Parks and Recreation

Leroy Wright Park 8199 W King St (Hwy 520)

Cocoa, FL 32926

Table of Contents

RECITALS

Section 1. Recitals

Section 2. Administration

Section 3. Contract Documents

Section 4. Scope of Work

Section 5. Effective Date and Contract Term

Section 6. Payment; Progress Payments

Section 7. Termination

Section 8. Liquidated Damages

Section 9. Indemnification

Section 10. Insurance

Section 11. Warranty

Section 12. Public Records

Section 13. Right to Audit Records

Section 14. Scrutinized Companies

Section 15. Employment Verification

Section 16. Governing Law; Venue; Attorney’s Fees; Waiver of Right to Jury Trial

Section 17. Ownership

Section 18. Independent Contractor

Section 19. Public Construction Bond

Section 20. Compliance with Laws

Section 21. Taxes

Section 22. Captions and Paragraph Headings

Section 23. Attorney’s Fees

Section 24. Severability

Section 25. Equal Opportunity

Section 26. Environmental Regulations

Section 27. Compliance with the Contract Work Hours and Safety Standards Act

ATTACHMENT “A” Scope of Work

CONTRACT FOR CONSTRUCTION

BREVARD COUNTY PARKS AND RECREATION

TWO FLOATING DOCKS AND DECKS DEMO AND

INSTALLATION

THIS CONTRACT is entered into the date of last signature below, by and between

BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida (herein referred to as the “County” or “Owner”), whose mailing address is 2725 Judge Fran Jamieson Way, Building B, Second Floor, Viera, Florida 32940, and

TBD

RECITALS

WHEREAS, it is the intent of the County to obtain construction services in connection with the DEMOLITION AND INSTALLATION OF TWO FLOATING DOCKS AND DECKS as outlined in Bid #B-6-25-53 (hereinafter referred to as the “Project” or the “Work”); and

WHEREAS, the County has issued a solicitation for Bid # B-6-25-53, which is incorporated herein, to perform the Project; and

WHEREAS, the Contractor has been selected as the lowest, responsive, and responsible bidder for the Project; and

WHEREAS, the Contractor desires to perform such construction for the Project in accordance with the terms and conditions of this Contract; and

WHEREAS, the County finds entering into this Contract will serve the public interest and public benefit.

NOW, THEREFORE, in consideration of the promises hereinafter contained, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the following terms and conditions are hereby mutually agreed to by and between the County and the Contractor.

Section 1. Recitals.

The above recitals are true and correct and are incorporated herein by this reference.

Section 2. Administration.

This Contract is administered by the Brevard County Parks and Recreation, a department of the Brevard County Board of County Commissioners.

Section 3. Contract Documents.

3.1. The Contract Documents consist of this Contract, the Conditions of the Contract (General, Supplementary, and other conditions), the Public Construction Bond (if applicable), the Drawings and Specifications, sample forms, the Contractor’s Bid, all addenda issued during the bidding process, and all modifications, including change orders, issued after execution of this Contract.

3.2. Unless stated otherwise by the County, in the case of any conflict between the Contract Documents, the order of precedence for the Contract Documents shall be (as applicable): (1) Change Orders; (2) Addenda (with those of later date having precedence over those of earlier date); (3) this County-Contractor Contract, and any amendments made thereto;; (5) the General Conditions; (6) Drawings and Specifications; (7) the County’s Bid # B-4-25-53 (8) Contractor’s Bid; (9) Specifications; (10) Permits; and (11) any other associated documents.

Section 4. Scope of Work.

4.1. The Contractor shall provide and pay for all materials, tools, equipment, labor, any applicable taxes, professional and non-professional services, and all other associated costs, and shall perform all other acts and supply all other things necessary to fully and properly perform and complete the Project, as required in this Contract, including, but not limited to, the activities identified in the Bid Documents issued by the County, which are incorporated herein by this reference. The Scope of Work is attached hereto as Attachment “A.”

4.2. The Contractor agrees to perform and complete the activities provided for in this Contract, the County’s bid documents (including any addenda), and the Contractor’s responsive bid.

Section 5. Effective Date and Contract Term.

5.1. The date of the last party’s signature below is the Contract’s effective date (hereinafter referred to as the “Effective Date”).

5.2. The term of this Contract shall remain in full force and effect until the Project contemplated herein has been completed and accepted by the County.

5.3. This Contract may be extended in writing upon mutual agreement by the parties.

5.4. The Contractor shall have sixty (60) calendar days to achieve Substantial

Completion of the Project from the Notice to Proceed (NTP). The Contractor shall have an additional thirty (30) calendar days from Substantial Completion to achieve Final Completion of the Project. Any extension of time shall only be approved at the County’s discretion and granted in writing. The Contractor acknowledges that time is of the essence for all work performed under this Contract. The Contractor acknowledges that failure to complete the work contemplated herein within the time(s) set forth herein will result in substantial damages to the County.

5.5. The warranties required or provided for under this Contract shall survive

Final Completion and will extend for the commercially reasonable time associated with the goods and/or services provided for the applicable period of time after acceptance of the Project by the County.

Section 6. Payment; Progress Payments.

6.1. The County agrees to pay the Contractor $ 000,000.00 for the complete performance of the Project outlined herein. This amount may be modified for additions or reductions to the Project. The Contractor acknowledges that this amount may be reduced based on its failure to adhere to the time periods agreed to herein.

6.2. The County shall remit payment for all undisputed invoices in accordance with the provisions of the Local Government Prompt Payment Act, Section 218.70, Florida Statutes, et seq. Upon receipt of satisfactory performance of work, the Contractor shall pay its subcontractor(s) no later than thirty (30) days after the Contractor’s receipt of payment for that work.

6.3. Progress Payments. On the first business day of each month during the performance of the Work, the Contractor must submit an Application for Payment to the Design Consultant, as defined in the General Conditions, for the work completed during the preceding month. The Design Consultant shall review the Application and identify any questions/concerns within ten (10) business days of receiving the Application.

6.4. The Contractor acknowledges that it may not lien the County’s property interests. Contractor agrees to advise all subcontractors and material suppliers of the non-lienable nature of the Project and to further furnish each such person or entity with a copy of the Public Construction Bond for the Project.

Section 7. Termination.

7.1. Termination for Convenience. Either Party may terminate this Contract for convenience upon thirty (30) days prior written notice. Such termination is effective upon the Party’s receipt of the Notice of Termination. Upon receipt of such Notice, the Parties will discontinue all services affected, unless the notice directs otherwise, and payment will be made for the services performed through the date of termination. For purposes of this section, receipt shall be considered three (3) business days after notice has been put in the mail.

7.2. Upon termination for any reason, the parties agree that any work completed or services provided by Contractor prior to the date of termination shall become property of the County. Upon request by the County, the Contractor shall deliver any and all work product as may have been accumulated by the Contractor in performing this Contract, whether completed or in process.

7.3. Payment upon Termination. In the event of termination by the County, the

County’s sole obligation to the Contractor shall be payment for those portions of satisfactorily completed Work completed in accordance with this Contract. The County shall not be obligated to pay for any services performed after the Contractor has received the Notice of Termination. Payment shall be made to the Contractor based on the percentage of work completed at the time the Notice of Termination has been received. In the event of deficient professional services, the County shall not pay for the deficient services, except for that portion, if any, of the performed work which is used or useful by another contractor retained by the County to complete the work to the extent the County does not incur additional costs.

7.4. Unless otherwise stated in this Contract, the termination provisions outlined in Article 13 of the General Conditions, including provisions pertaining to termination for cause, are incorporated herein by this reference and shall control over the termination process outlined in the Federal Transportation Administration Requirements.

Section 8. Liquidated Damages.

8.1. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the Work, or portions thereof, within the specified time to achieve Substantial Completion, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the following amount as liquidated damages: Five Hundred Dollars and No Cents ($500.00), per calendar day elapsing beyond the specified time (s) outlined herein, or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work, or portions thereof, within the specified time. It is further agreed that said sum is not a penalty but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. Based on the amount of damages not being readily ascertainable, the above sum is agreed upon as a reasonable and proper measure of damages which the County will sustain per day by failure of the Contractor to complete within time as stipulated; it being recognized by the County and the Contractor that the injury to the County which could result from a failure of the Contractor to complete on schedule is uncertain and cannot be computed exactly, and is not grossly disproportionate and is reasonably expected to follow from a breach of this Contract.

8.2. The timelines agreed to in this Contract are stipulated as fair and reasonable. The Contractor waives any and all challenges and legal defenses to the validity of any Liquidated Damages established in the Contract Documents, including that the Liquidated Damages are void as penalties or are not reasonably related to the actual damages sustained by the Owner as a result of the Contractor’s untimely performance.

The County may deduct any Liquidated Damages incurred under this paragraph from the amount owed to the Contractor. The County does not waive its right to liquidated damages under this Contract by allowing the Contractor to continue and to finish the Work, or any part thereof, after the expiration of the Contract, including granted time extensions.

Section 9. Indemnification.

9.1. The Contractor shall hold the County harmless against any and all claims for and related in any way to bodily injury, sickness, disease, death, personal injury, damages to property of any kind (including but not limited to loss of use of any property or assets resulting therefrom), fines, penalties, schedule delay claims of any kind, including but not limited to loss of efficiency or productivity, arising out of or resulting from the performance of the products or services for which the County is contracting hereunder, to the extent caused by the negligent, reckless, or intentional wrongful conduct, acts, or omissions of the Contractor, or any of its agents or employees, including subcontractors. Such acts or omissions by the Contractor include, but are not limited to, any errors or omissions in the Contractor’s services, including, but not limited to, design services.

The Contractor agrees to fully indemnify the County and pay the cost of the County’s legal defenses, including reasonable fees of attorneys as may be selected by the County, for all claims described in the hold harmless clause above and shall defend, satisfy, and pay any judgments which may be rendered against the County in connection with the above hold harmless agreement. Such payment on behalf of the County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County’s exclusive remedy. It is agreed by the Parties hereto that specific consideration has been received by the Contractor under this Contract for this hold harmless/indemnification provision.

Notwithstanding any other provisions of this Contract, this indemnification section applies to both County and third-party claims and shall survive the termination of this Contract.

Nothing in this section is intended to nor shall it constitute a waiver of the sovereign immunity of Brevard County. Further, the County’s liability hereunder shall be subject to the County’s common law right of sovereign immunity and limited to the extent of the protections of and limitations on damages as set forth in Section 768.28, Florida Statutes.

Loss deductible – The County shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy, except for Builder’s Risk if provided for elsewhere herein. The payment of the deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance.

The parties agree that the Federal government is not a party to this Contract and shall not be subject to any financial obligations or liabilities to the County or Contractor, or any other party, pertaining to any matter under this Contract. Contractor shall include this provision in any subcontract(s).

Section 10. Insurance.

10.1. The Contractor shall procure and maintain, at their own expense and without cost to County, the following types of insurance described below.

General Liability Insurance policy with a $1,000,000 combined single limit for each occurrence to include the following coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering this Contract, “X-C-U” hazards, and Errors & Omissions.

Auto Liability Insurance policy with includes coverage for all owned, non-owned and hired vehicles with a $1,000,000 combined single limit for each occurrence.

Workers’ Compensation and Employer’s Liability Insurance providing statutory benefits as required in the State of Florida. The Contractor shall require any subcontractor to provide evidence of this coverage. Additionally, if the contract requires working on or around a navigable waterway, the Contractor and all subcontractors shall provide evidence of United States Longshoremen’s and Harbor Workers (USL&H) coverage and contingent coverage of Jones Act (Marine Employers Liability) in compliance with Federal statutes, or proof of exemption.

Builders Risk Insurance Policy or Installation Floater with loss limits equal to the value of the construction project.

10.2. The Contractor shall provide Certificate(s) of Insurance and applicable endorsement pages to the County demonstrating that the aforementioned insurance requirements have been met within five (5) working days (Monday through Friday) from Notice of Award. No work shall begin under this Contract until the Certificate(s) of Insurance and endorsement pages have been received and approved by the County.

10.3. Insurance carriers providing coverage required herein must be licensed or authorized to conduct business in the State of Florida and must possess A.M. Best’s Financial Strength Rating of A- Class VIII or better.

10.4. The Certificate(s) of Insurance shall indicate that the policies (except professional liability) have been endorsed to cover Brevard County as an additional insured (a waiver of subrogation in lieu of additional insured status on the Workers’ Compensation policy is acceptable) and that these policies may not be canceled or modified without the insurer providing thirty (30) days prior written notice to the County.

10.5. The insurance coverages enumerated above constitute the minimum requirements and shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. Subcontractor’s insurance shall be the responsibility of the Contractor.

10.6. The Contractor shall maintain the insurance coverage in compliance with this Section throughout the term of this Contract.

10.7. The Contractor shall be responsible for requiring each subcontractor, vendor or supplier to comply with these insurance requirements when applicable.

Section 11. Warranty.

11.1. The Contractor warrants that all services and goods performed and/or supplied pursuant to this Contract will be performed in accordance with the general acceptable standards and practices in existence at the time the services and/or products are being performed.

11.2. The Contractor agrees that, unless otherwise specified, the supplies and/or services furnished under this Contract shall be new (unless specifically identified otherwise by the County) and of the most suitable grade for the purposes intended.

11.3. If any product delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers, or distributors of the products or the specifications listed in this Contract or Task Order(s), the Contractor must pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. In such case, the Contractor must refund to the County any money which has been paid for such item(s).

11.4. Contractor shall secure from the applicable third-party manufacturers, and assign and pass through to the County, at no additional cost to the County, such warranties as may be available with respect to the equipment, parts, and systems provided through the purchase of such item(s). The Contractor shall warrant the Work outlined herein for a period of five (5) years after acceptance by the County. A warranty bond may be required by the County to ensure the Work contemplated herein is warranted for this period.

Section 12. Public Records.

The County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes, and all other applicable statutes. If the materials provided by the Contractor do not fall under a specific exemption under Florida or federal law, materials provided by the Contractor to the County will have to be provided to anyone making a public records request. It will be the Contractor’s duty to identify the information it deems is exempt/confidential under Florida or federal law, and identify the statute, by number, that exempts such information.

Should any person or entity make a public records request to the County requiring the County to allow inspection or provide copies of records for which the Contractor maintains are exempt/confidential, it shall be the Contractor’s obligation to provide the County, within twenty-four (24) hours (not including weekends and legal holidays), of notification by the County to the Contractor of the request, of the specific exemption or confidentiality provision so the County will be able to comply with the requirements in Chapter 119, Florida Statutes.

Should the County face any kind of legal action to require or enforce inspection or production of any records provided by the Contractor to the County which the Contractor maintains are exempt or confidential from such inspection/production as a public record, then the Contractor shall hire and compensate attorney(s) who shall represent the interests of the County in defending such action. The Contractor shall also pay any costs to defend such action and shall pay any costs and attorney fees which may be awarded pursuant to Section 119.12, Florida Statutes.

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: Diana Marquardt, Administrative Assistant to the Director of Parks and Recreation, 2725 Judge Fran Jamieson Way, Building B, Suite 203, Viera, Florida 32940 Email Custodian of Public Records; (321) 633-2046.

Section 13. Right to Audit Records.

In the performance of this Contract, the Contractor shall keep books, records, and accounts of all activities related to this Contract in compliance with generally accepted accounting procedures and the Federal Transit Administration Requirements. All documents, papers, books, records, and accounts made or received by the Contractor in conjunction with this Contract and the performance of this Contract shall be open to inspection during regular business hours by an authorized representative of the County. The Contractor shall retain all documents, books, and records for a period of five years after completion or termination of this Contract unless such records are exempt from Section 24(a) of Article I of the State Constitution and Chapter 119, Florida Statutes.

No reports, data, programs, or other materials produced, in whole or in part, for the benefit and use of the County under this Contract shall be subject to copyright or trademark by the Contractor in the United States or any other jurisdiction.

Section 14. Scrutinized Companies.

The Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, Florida Statutes. if the Contract is for more than one million dollars, the Contractor further certifies that it and its sub-Contractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes.

For Contracts of any amount, if the County determines the Contractor submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the County’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or on a case-by-case basis the County may choose to maintain the Contract if the conditions of Section 287.135(4), Florida Statutes, are met.

For Contracts $1,000,000 and greater, if the County determines the Contractor submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the County shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the County’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or on a case-by-case basis the County may choose to maintain the Contract if the conditions of Section 287.135(4), Florida Statutes, are met.

The Contractor agrees to observe the above requirements for applicable sub- contracts entered into for the performance of work under this Contract.

As provided in Section 287.135(8), Florida Statutes, if federal law ceases to authorize these Contracting prohibitions, this section shall become inoperative and unenforceable.

Section 15. Employment Verification.

The Contractor shall comply with Section 448.095, Florida Statutes, and:

shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract; and shall expressly require any subcontractors performing work or providing services pursuant to this Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all employees hired by the subcontractor during the Contract term; and shall obtain an affidavit stating that any subcontractor(s) it enters into a contract with, does not employ, contract with, or subcontract with an unauthorized alien; and agrees to maintain records of its participation and compliance with the provisions of the E- Verify program, including participation by its subcontractors as provided above, and to make such records are made available to the County consistent with the terms of the Contractor’s enrollment in the program. This includes maintaining a copy of proof of the Contractor’s and subcontractors’ enrollment in the E-Verify Program. Compliance with the terms of this section is made an express condition of this Contract and the County may treat a failure to comply as a material breach.

Nothing in this section may be construed to allow intentional discrimination of any class protected by law.

Section 16. Governing Law; Venue; Attorney’s Fees; Waiver of Right to Jury Trial.

This Contract shall be governed, interpreted and construed according to the laws of the State of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties.

In the event of any legal proceedings arising from or related to this Contract: (1) venue for any legal action by any party to this Contract to interpret, construe or enforce the terms of this Contract shall be in a court of competent jurisdiction in and for Brevard County, Florida; (2) each party shall bear its own attorney’s fees and costs; and (3) ANY TRIAL

SHALL BE NON-JURY.

Section 17. Ownership.

It is understood and agreed that all Work provided under this Contract shall become the property of the County upon acceptance by the County.

The Contractor shall provide the County and any applicable Federal agencies intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 C.F.R. part 401.

Section 18. Independent Contractor.

The Contractor, or any of its agents, employees, or subcontractors, are independent contractors and not employees or agents of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Contract. The Contractor is solely responsible for compliance with all applicable Federal, State, and local laws, rules, regulations in implementing this Contract.

Section 19. Public Construction Bond.

For projects that exceed $200,000, the Contractor shall provide a Public Construction Bond (Payment and Performance) to the County, utilizing the approved form by the County. The Public Construction Bond shall be executed by a surety authorized to do business in the State of Florida, listed as a company authorized under 31 C.F.R. part 22, and as named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and AM Best- rated B+VIII or better. A certified copy of the authority must accompany all bonds signed by an agent to act, which indicates that they are licensed to do business in the State of Florida. The County must receive and accept such bond before any work can commence. The Contractor shall follow the requirements outlined in Florida law, including Chapter 255, Florida Statutes, as it pertains to bonds.

This bond shall serve as a performance guarantee in the amount of 100% of the Contract value to ensure faithful performance of the Contract.

Section 20. Compliance with Laws.

The Contractor, its employees, agents, subcontractors, or assigns shall comply with all applicable Federal, State, and local laws, rules, and regulations relating to the performance of this Contract, including, but not limited to, traffic safety, and O.S.H.A.

requirements. The County undertakes no duty to ensure compliance, but will attempt to assist the Contractor, upon request, as to any such laws of which it has present knowledge.

Section 21. Taxes.

The Contractor shall pay all applicable taxes, including, but not limited to, Florida sales tax, consumer, use, and other similar taxes for the Work, or portions thereof, provided by the Contractor. The County reserves the right to owner-direct-purchase materials to realize a tax saving and adjust the Contract amount accordingly. The Contractor hereby agrees to permit the County to direct-purchase from the Contractor’s suppliers at prices quoted to the Contractor and for the County to retain any tax savings generated thereby, which will result in the overall reduction of the sum owed to the Contractor in a corresponding amount.

Section 22. Captions and Paragraph Headings.

The captions and paragraph headings contained in this Contract are for convenience and reference only and in no way define, describe, extend, or limit the scope and/or intent of this Contract, nor the intent of any provisions thereof.

Section 23. Attorney’s Fees.

In the event a dispute arises out of this Contract, each side shall be responsible for their own respective attorney’s fees and associated costs.

Section 24. Severability.

If any of the provisions contained in this Contract are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Section 25. Equal Opportunity.

The Contractor shall comply with the provisions identified in the Federal Transit Authority Requirements relating to equal opportunity practices and civil rights laws and implementing regulations. Any subcontracts that the Contractor enters into must include the provisions listed in the Federal Transit Authority Requirements.

Section 26. Environmental Regulations.

The Contractor shall comply with the applicable standards, orders, or regulations issued pursuant to the Clean Air Act, Clean Water Act, and the Federal Water Pollution Control Act. Any violation(s) of said regulations shall be reported to the County and the appropriate Federal agencies.

Section 27. 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 agency 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.

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IN WITNESS WHEREOF, the Parties hereto have executed through their fully authorized representative this Contract in counterparts, all of which when taken together shall constitute one and the same Contract, on the day and date last written below.

Board of County Commissioners of Reviewed for Legal Form and Content Brevard County, Florida

Assistant County Attorney

By:

By:

Date

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this_ day of , 2025 by ___________ (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification.

[Notary Seal] Notary Public Signature

Name typed, printed or stamped

My Commission Expires:

ATTACHMENT “A”

SCOPE OF WORK

Complete demolition of two (2) deteriorating wooden decks and two (2) existing floating docks with gangways Installation of two (2) new wooden decks and two (2) floating docks with gangways.

Complete demolition and Installation will be based on design documents and plan specifications prepared by MK Structural dated 9/30/2024.

Additional Requirements and /or Conditions:

Contractors are to secure and monitor the work area throughout the completion of the project.

Additionally, the contract requires working on or around a navigable waterway, the Contractor and all subcontractors shall provide evidence of United States Longshoremen’s and Harbor Workers (USL&H) coverage and contingent coverage of Jones Act (Marine Employers Liability) in compliance with Federal statutes, or proof of exemption.

Work hours are to be Monday through Friday from 7:00 am to 5:00 pm.

The contractor must comply with all applicable State, Federal, and Occupational Safety and Health Act (OSHA) rules, and local laws, and regulations.

Contractor will obtain all necessary permits at their expense.

Contractor is responsible for proper disposal of existing walkways and docks at their expense and will provide a signed receipt from the landfill for disposal of the walkways and docks to be demolished.

Installation will be per the Engineer’s certified plan specifications and instructions.

Job site shall be left clean after completion.

Project should have a 60-day substantial completion from issuance of an agreed upon Notice to Proceed date, and an additional 30 days to final completion: for a total of 90 days.

The awarded Contractor shall have five (5) business days from Notice of Award to provide Certificates of Insurance to the County, naming Brevard County as additional insureds and demonstrating that the insurance requirements have been met prior to the commencement of work

Lump Sum Price for demolition of the structures and legal removal and disposal of all debris. All permits shall be acquired and paid for by the contractor and that cost should be factored into the lump sum pricing.