EAU GALLIE MUCK REMOVAL PROJECT AREA A1

NATURAL RESOURCES

B-6-25-24

ATTACHMENT E

CONTRACT AND CERTIFICATE

This section includes the following forms that must be executed by the selected

Contractor upon notification by the County:

Contract

Certificate

These forms DO NOT need to be submitted with the Bid.

CONTRACT

THIS CONTRACT made and entered by and between Brevard County, Florida, (hereinafter County"), and____________________________________________, party of the second part (hereinafter "Contractor").

WITNESSETH: The parties hereto, for the consideration hereinafter set forth, mutually agree as follows:

1. SCOPE OF THE WORK

1.1 The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all the work on and described in the Construction Drawings, Specifications, and Contract Documents entitled:

Eau Gallie Muck Removal Project – Area 1A

BID NO. B-6-25-24

As Prepared by Atkins Realis, acting as, and in the Contract Documents entitled as the County’s Engineer, and shall do everything required by these Contract Documents.

Project Description:

The project generally includes the dredging, dewatering and disposal of approximately 189,972 cubic yards (CY) of organic sediments from the Eau Gallie Dredge Area A1 as described herein and the Technical Specifications, and as depicted in the Project Drawings. Three (3) alternate bid items are included in the project that require the dredging of an additional 42,007 CY, 34,940 CY, and 31,835 CY, respectively. The project is awarded based on the lowest responsive total bid amount including all alternate pay sections. The total volume of muck dredged will be contracted based on available budget, but at a minimum, will include the base bid cost of dredging, dewatering and disposal of approximately 189,972 cubic yards (CY) of organic sediments. The dredging shall be accomplished by hydraulic dredging methods.

The COUNTY is providing a site located on the Florida Inland Navigation District (FIND) property Dredge Material Management Area (DMMA) BV-52 along US-1 Highway. CONTRACTOR will have full use of the DMMA without charge but will be responsible for the removal and the ultimate disposition of the dredged material and the restoration of the DMMA at the completion of the project.

The Contractor is responsible for developing various plans for review and approval by the Owner and the Owner’s Engineer that include the proposed dredging, dewatering and spoil handling, and disposal methods and comply with all applicable Federal, state, and local permits and regulations and FIND’s Lease Agreement with Brevard County. Details of the required plans are found within the Technical Specifications. Conditions and Specifications relevant to this project are provided in detail as part of the Bid Documents.

2. THE CONTRACT SUM AND TERM

2.1 The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents.

2.2 Based upon the price shown in the Proposal heretofore submitted to the County by the Contractor, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the sum of:_____________________________________________.

2.3 The terms of this Contract shall be effective for four (4) years from the date of ‘Notice of Award’. Bid prices shall remain firm for three (3) years after executing this Contract. The Contractor may have an opportunity to request an annual price adjustment for the third year of the Contract. A request for a price adjustment must be submitted in writing no later than ninety (90) calendar days before the annual anniversary to the Purchasing Manager and the Department Director. This request for price adjustment must include a written justification for an adjustment. Purchasing Services will notify the Contractor in writing sixty (60) days before the Contract expiration as to the County’s intent to renew the Contract.

3. COMMENCEMENT AND COMPLETION OF WORK

3.1 The Contractor shall commence work within 30 calendar days after issuance of Notice to Proceed.

3.2 The Contractor shall prosecute the work with faithfulness and diligence and shall cause substantial completion of the work not later than (730) calendar days after the issuance of Notice to Proceed and cause final completion of the work within sixty (60) days after substantial completion.

3.3 Prior to commencing the work, the Contractor shall execute, deliver to the County, and record in the public records of Brevard County, required payment and performance bonds in substantially the same format provided herein.

3.4 Prior to commencement of work the Contractor shall submit a work plan to the County and Engineer of Record that provides details as described in the FIND Lease Agreement, Regulatory Authorizations, Technical Specifications, and Drawings.

4. CONTRACTOR'S ACCEPTANCE OF CONDITIONS

4.1 The Contractor hereby agrees that the project site has been carefully examined and that sufficient observations have been made such that Contractor is completely familiar with all site conditions and requirements as they relate to the work described in these Contract Documents, and assumes full responsibility, therefore.

4.2 The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the Contractor, who understands and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations, shall this Contract be more strongly construed against the County than against the Contractor and the Surety.

4.3 Any ambiguity or uncertainty in the Drawings or Specifications shall be interpreted and construed by the County's Engineer and the decision shall be final and binding upon all parties.

4.4 It is distinctly understood and agreed that the passing, approval and acceptance of any part of the work or material by the County, the County’s Engineer, or by any agent or representative of the County or County’s Engineer as in compliance with the terms of this Contract and of the Drawings and Specifications covering said work, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and/or the Drawings and Specifications covering said work; and the County may require the Contractor and the surety to repair, replace, restore and/or make the work comply strictly, and in all things, with this Contract and the Drawings and Specifications. All of said work and/or materials which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Drawings and Specifications shall be reconstructed as directed by the County. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guaranteed provisions. Failure on the part of the Contractor and the Surety to immediately repair or replace any such defective materials and workmanship shall entitle the County, in the County's sole discretion, to replace or repair the same and, after notice, recover the reasonable cost of such replacement and repair from the Contractor and the Surety, who shall in any event be jointly and severally liable to the County for all damage, loss and expense caused to the County by reason of the Contractor's breach of this Contract and the Contractor's failure to comply strictly and in all things with this Contract and with the Drawings and Specifications.

5. LIQUIDATED DAMAGES

5.1 It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the County will retain the amount of liquidated damages stated in Section 8-10.2 of F.D.O.T. Standard Specifications for Road and Bridge Construction (FY2024-25), per calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the County will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the County in the event of such default by the Contractor.

5.2 For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production.

5.3 The County has the right to deduct, as payment on such liquidated damages, against any money the County owes the Contractor.

5.4 The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions.

5.5 Contract days shall stop for purposes of determining if or how much liquidated damages shall be accrued upon substantial completion which shall occur as defined in Invitation to Bid Documents under Definitions Section.

6. PARTIAL AND FINAL PAYMENTS

6.1 In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the County shall pay the Contractor as follows:

a) Within 30 days after receipt of the Contractor's request for partial payment by the County, the County shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the County or the County's Engineer, for work performed during the preceding calendar month, less five percent (5%) of the amount of such estimate which is to be retained by the County as retainage.

Notwithstanding the foregoing, pursuant to section 255.05(11), Florida Statutes, when the Contractor has furnished and recorded a payment and performance bond and provided the County with a written consent from the Surety regarding the Project or payment in question, no such releases shall be required. The Surety may, in a writing served on the County, revoke its consent or direct that the County withhold a specified amount from a payment, which shall be effective upon receipt.

b) Upon submission by the Contractor of evidence satisfactory to the County that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required have been furnished and are found acceptable by the County, final payment on account of this Contract shall be made within sixty

(60) days after completion by the Contractor of all work covered by this Contract and acceptance of such work by the County.

c) Contractor acknowledges that, pursuant to Florida law, the contractor may not lien County's interest in the Project site.

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 a copy of the Labor and Material Payment Bond for the project.

7. ADDITIONAL BOND

7.1 It is further mutually agreed between parties hereto that if, at any time after the execution of this Contract and the Public Construction Performance Bond and the Public Construction Payment Bond hereto attached for its faithful performance, the County shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall, at the Contractor's expense, and within three days after the receipt of Notice from the County to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the County. In such event, no further payment to the Contractor shall be deemed due under this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the County.

8. CONTRACT DOCUMENTS

8.1 The Contract Documents, as that term is defined in the Instructions to

Bidders/Contractors, are as fully a part of this Contract as if herein repeated, whether or not those documents are actually attached to this Contract. The Technical Specification and Construction Drawings are provided in Attachment A and B, respectively. The permit information and permit requirements are contained in Attachment C. Report and supplement documents relevant to project are contained in Attachment D.

8.2 The Contractor shall perform the services under this Contract as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status.

9. PUBLIC RECORDS AND AUDIT REQUIREMENTS

9.1 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 in compliance with the Public Records Laws of the State of Florida (including, but not limited to Chapter 119, Florida Statutes).

9.2 All records or documents created by the Contractor or provided to the Contractor in connection with the activities or services provided under the terms of this Contract, are public records and the Contractor agrees to comply with any request for such public records or documents made in accordance with Section 119.07, Florida Statutes. The Contractor shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.

9.3 Records, documents, books, and accounts ordinarily and necessarily required for the performance of this Contract shall be kept, maintained and open to inspection by the County and its representatives during regular business hours and shall be retained by the Contractor or for a period of five (5) years after completion or termination of this Contract.

9.4 Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Contract for services must be made directly to the County. If the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Ch. 119, F.S. If the Contractor fails to provide the public records to the County within a reasonable time, the Contractor may be subject to penalties under Section 119.10, F.S.

9.5 The Contractor shall identify and ensure that all public records which 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.

9.6 Upon completion of the Contract, the Contractor shall 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 services under this Contract. 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 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 that are stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the County.

9.7 Failure to comply with the provisions of this section shall result in the County taking enforcement action against the Contractor, including the cost to the County for gaining the Contractor’s compliance, which will include, but is not limited to, the County’s staff time expended to obtain compliance with this section, litigation filing fees and attorney’s fees. The County may also unilaterally terminate the Contract if the County refuses to allow public access to Public Records as required by law.

9.8 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 by the Contractor in the United States or any other country.

9.9 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 COUNTY’S CUSTODIAN OF

PUBLIC RECORDS FOR THE NATURAL RESOURCES

MANAGEMENT DEPARTMENT BY TELEPHONE AT (321) 633-2016,

BY EMAIL AT MARY.BLAKELY@BREVARDFL.GOV, OR AT THE

MAILING ADDRESS BELOW:

Brevard County Natural Resources Management Department ATTN: Custodian of Records 2725 Judge Fran Jamieson Way Building A, Room 219 Viera, FL 32940

10. NOTICE

All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person.

Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. Any and all notices required by this Contract shall be delivered to the parties at the addresses identified below:

County: Project Manager, Eau Gallie Muck Removal Project

Brevard County Natural Resources Management. Dept.

2725 Judge Fran Jamieson Way, Building A-219, Viera, FL 32940

Contractor:

Engineer: S. Marie Yarbrough, P.E., Senior Coastal Engineer Justin Bartusek, P.E., Senior Coastal Engineer

Atkins Realis 2671 W. Eau Gallie Blvd. Suite 104 Melbourne, Florida 32935 Marie.Yarbrough@atkinsrealis.com Justin.Bartusek@atkinsrealis.com

11. ATTORNEY’S FEES

11.1 In the event of any legal action to enforce the terms of this Contract, each party shall bear its own attorney’s fees and costs.

12. TERMINATION/MODIFICATION OF CONTRACT

12.1 In the event the Contractor violates the provisions of this Contract, or otherwise fails to comply with any provisions of this Contract or if the progress or quality of the work is unsatisfactory, the Natural Resources Management Director or designee may serve written notice to Contractor and if Contractor fails within a period of ten (10) calendar days to correct such failure, County may terminate this Contract upon thirty (30) days written notice to Contractor. Upon termination, Contractor shall immediately cease performance of this Contract and shall deliver to County all completed or partially completed work including but not limited to all original papers, records, drawings, models, and other materials set forth and described in this Contract, within thirty (30) calendar days of the termination date established in the written Notice.

12.2 The Contractor may terminate this Contract for any reason upon thirty

(30) days written notice, provided that any outstanding approved Task Order is completed by the Contractor.

12.3 In the event of termination by the County, the County’s sole obligation to the Contractor shall be payment for those portions of satisfactorily and completely performed work previously authorized by approved Task Order shall be determined on the basis of the work performed by the Contractor, or the percentage of work complete as estimated by the Contractor and agreed upon by the County up to the time of termination. In the event of such termination, the County may, without penalty or other obligation to the Contractor, elect to employ other persons to perform the same or similar services.

12.4 In the event of any form of claim, dispute, or controversy by or between the parties to this Contract, the parties expressly and unequivocally agree to engage in good faith efforts to meet in person to resolve any and all such differences. Absent such informal resolution of any/all such dispute(s), the parties expressly agree to engage in pre-suit mediation in accordance with the applicable rules of procedure for such mediation as may be in force in the Judicial Circuit Courts in Brevard County.

12.5 In the event that the Contractor changes its name, merges with another company, becomes a subsidiary or makes other substantial change in structure or in the principals or project managers of the Contractor, the County reserves the right to terminate this Contract subject to the terms prescribed above.

12.6 In the event of termination of this Contract the Contractor agrees to surrender any and all documents prepared by the Contractor for the County in connection with this Contract, of which, the County shall have full ownership thereof, Contractor may retain copies of such documents for record purposes.

12.7 This Contract, together with the Bid Documents, constitutes the entire contract between the County and the Contractor and supersedes all prior written or oral understandings. No modification of this Contract shall be binding on County or Contractor unless reduced to writing and executed by a duly authorized representative of County and Contractor.

13. GOVERNING LAWS

13.1 This Contract shall be governed, interpreted and construed according to the laws of the State of Florida, and federal laws and regulations.

14. COMPLIANCE WITH STATUTES

14.1 It shall be the Contractor’s responsibility to be aware of and comply with all applicable federal, state and local laws.

14.2 BUY AMERICAN – The bidder proposes and agrees, if this Proposal is accepted, to comply with 1 U.S.C. Chapter 83: Buy American statutes.

14.3 The Contractor shall comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (3 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). with the terms and conditions found in attachment

15. VENUE AND WAIVER OF JURY TRIAL

15.1 In any legal action brought by any party to this Contract to interpret, construe, or enforce this Contract ANY TRIAL SHALL BE NONJURY and venue shall be in a court of competent jurisdiction in and for Brevard County Florida, unless otherwise mandated by a funding source associated with this project; in that event the funding source provisions shall prevail.

16. CONFLICT OF INTEREST

16.1 The Contractor shall not engage the services of any person or persons now employed by the County, including any department, agency board or commission thereof, to provide services relating to this Contract without written consent from the County.

16.2 The Contractor shall not accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements.

16.3 The Contractor shall not award a contract or subcontract under this

Contract to any company who the County has a financial or any other interest in, including but not limited to employing an employee of the County or any member of an employee’s, agents, or officer’s immediate family.

17. INFORMATION RELEASE/GRANTOR RECOGNITION

17.1 News releases, publicity releases, or advertisements relating to this

Contract, or the tasks or projects associated with the project, shall be submitted in writing to the County and be approved in advance of any release or publication. Releases shall identify the funding entity as well as the funding source.

18. INSURANCE AND INDEMNIFICATION

18.1 The Contractor agrees to provide and maintain at all times during the term of this Contract, without cost or expense to the COUNTY, policies of insurance as provided below.

18.2 Comprehensive General Liability Insurance insuring the CONTRACTOR against any and all claims, demands or causes of actions whatsoever for injuries received and damages to property in connection with the use, occupation, management and control of the premises and the improvements thereon. Such policies of insurance shall insure the CONTRACTOR in amount not less than TWO MILLION DOLLARS ($2,000,000.00) to cover any and all claims arising in connection with any one particular accident or occurrence, including Products and/or Completed Operations, Explosion Hazard, Collapse Hazard, and Underground Property Damage Hazard, Contractual Liability under this Contract. Certificate of Insurance must explicitly state that “X”, “C”, and “U” are included in this coverage.

18.3 "Workers’ Compensation Insurance" for all of the Contractor's employees employed at the site of the project and, in case any work is sublet, the Contractor shall require each Subcontractor similarly to provide "Workers’ Compensation Insurance" for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor as required by State of Florida law. This coverage must include Employer's Liability with a limit of at least $100,000 for each accident. Additionally, 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. The Contractor shall be responsible for compliance with these requirements by each subcontractor, vendor or supplier when applicable.

18.4 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.

18.5 Contractors Pollution Liability policy with minimum limits of $1,000,000 to be endorsed to also provide coverage for the removal, transportation and disposal of hazardous wastes and materials, including asbestos, lead, etc.

18.6 Any additional specialty insurance coverage requirement will be dictated by the specific goods, products or services provided under the subject contract and insurance underwriting standards, practices, procedures or products available in the commercial insurance market at the time of the contract inception. The Contractor is required to procure and maintain all such specialty coverage in accordance with prudent business practices within the Contractors industry.

18.7 The County, its officials, employees, and volunteers are to be added by endorsement as additional insureds to all liability policies; however, waiver of subrogation will be accepted in lieu of additional insured status for workers’ compensation liability coverage.

18.8 Before starting the work, the Contractor will file with the Natural Resources Department, 2725 Judge Fran Jamieson Way, Bldg. A-219, Viera, Florida, 32940, the County certificates of such insurance and applicable endorsement pages acceptable to the County. The Contractor shall provide Certificates of Insurance (using Acord 25 forms or similar) and applicable endorsement pages to the County within five (5) days of the Contractor’s execution of, and prior to the commencement of work under, the Contract, demonstrating that the aforementioned insurance requirements have been met. 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. “Brevard County” shall be stated as being the Certificate Holder. The Certificates of Insurance shall indicate that the policies have been endorsed to cover “Brevard County” as an additional insured without added exclusions or limiting endorsements that diminish the protection afforded to the County. The certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least 30 days prior written notice has been given to the County.

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

18.10 The Contractor shall indemnify and hold harmless the County and its agents and employees, and the County’s Engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Article shall not extend to the liability of the County’s Engineer and their agents or employees arising out of errors or omissions in maps, drawings, opinions, reports, surveys, contract modifications, designs or specifications which have been prepared by the County’s Engineer. This indemnification shall survive the term of this Agreement.

18.11 Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of the COUNTY beyond the waiver provided for in Section 768.28, Florida Statutes, as may be amended. Nothing in this Contract is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law.

Nothing herein shall constitute a waiver of the COUNTY’S sovereign immunity protections. The COUNTY’S liability hereunder shall be subject to the protections of and limitations on damages set forth in Section 768.28, Florida Statutes.

19. UNAUTHORIZED ALIEN WORKERS – Employment Eligibility

Verification (E-Verify)

The Contractor:

19.1. 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

19.2. 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 new employees hired by the subcontractor during the contract term; and

19.3. 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 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;

and

19.4. 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; and

19.5. shall require any sub-contractor to provide the Contractor with an affidavit stating that it does not employ, contract with, or subcontract with any unauthorized aliens; and

19.6. nothing in this Section may be construed to allow intentional discrimination of any class protected by law.

20. SURVIVAL

The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Contract.

21. SCRUTIZIED COMPANIES.

The Contractor certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, the Contractor agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the performance of work under this Contract.

Pursuant to Section 287.135, F.S., the County may immediately terminate this Contract for cause if the Contractor its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Contract. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative.

22. MODIFICATIONS TO CONTRACT

This contract, together with any exhibits, task assignments and schedules constitute the entire contract between the County and the Contractor and supersedes all prior written or oral understandings. This Contract and any exhibits, task assignments and schedules may only be amended, supplemented or canceled by a written instrument duly executed by the parties hereto.

THE REMAINDER OF THIS PAGE LEFT BLANK

IN WITNESS WHEREOF the parties by their undersigned, authorized agents have executed this Contract as of the date last written below.

Attest: BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

Rachel M. Sadoff, Clerk Frank Abbate, County Manager As approved by the Board on:

August 6, 2024

Reviewed for legal form and content:

Heather A. Balser, Assistant County Attorney

CONTRACTOR

Witnessed in the presence of**

Attest:

(Seal)

(*) In the event that the Contractor is a Corporation, there shall be attached to each counterpart, a certified copy of a resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf.

(**) Two witnesses are required when Contractor is sole proprietor or partnership.

CERTIFICATE

STATE OF FLORIDA

COUNTY OF

I HEREBY CERTIFY that at a meeting of the Board of Directors of

, a corporation under the laws of the State of

, held on

, 2024, the following resolution was duly passed and adopted:

"RESOLVED, that , as President of the corporation, be is hereby authorized to execute the Contract dated , 2024, between the

BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, and this corporation, and that the execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation."

I further certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation on this day of , 2024.

Secretary of Corporation

PUBLIC CONSTRUCTION BOND

(Payment and Performance)

Bond No. _______________

BY THIS BOND, We _________________________, having its principal place of business at herein called Principal, and _______________________, having its principal place of business at

_____________________________________________________, (___)___-___,a corporation as

Surety, are bound to Board of County Commissioners of Brevard County, Florida, 2725 Judge Fran

Jamieson Way, Viera, Florida, 32940, (321) 633-2000, herein called County, in the sum of

____________________________________. ($______.00) for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITIONS OF THIS BOND are that if Principal:

1. Performs the contract number________ dated __________ between Principal and County for construction of (project description & location)

_______________________________________________________, the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida

Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by

Principal in the prosecution of the work provided for in the contract; and

3. Pays County all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that County sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force.

5. This Bond shall be recorded in the public records of Brevard County, Florida, at the

Principal’s expense. A certified copy of this recorded Bond shall be provided to the County.

No payments shall be made to the Principal until the Bond has been recorded and a certified copy has been provided to the County.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and (10), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond.

Signed and sealed this _____day of _______________________, 20__.

Witness: _____________________________________ (Principal) (Seal)

____________________________ Its: __________________________________ (Title)

Witness: _____________________________________ (Surety) (Seal)

____________________________ Its: _________________________________ (Title)

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _________________________ certify that I am the Secretary of the Corporation named as Principal in the within bond; that _____________________________ who signed the said bond on behalf of the Principal, was then _______________________ of said Corporation; that I know the Principal, and the Principal's signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body.

__________________________(Seal) Secretary

STATE OF FLORIDA)

ss

COUNTY OF )

Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared _____________________________ to me well known, who being by me first duly sworn upon oath, says that this individual is the Attorney-in-Fact, for the ___________________________ and that said individual has been authorized by _______ to execute the foregoing bond on behalf of the Contractor named therein in favor of Brevard County, Florida.

Subscribed and sworn to before me this _____ day of ___________________, 20___, A.D.

(Attach Power of Attorney) _____________________________________ Notary Public State of Florida-at-Large

My Commission Expires: ______________________

My Commission Number is: ____________________

PUBLIC CONSTRUCTION PERFORMANCE AND GUARANTEE

BOND

BY THIS BOND, We , as

Principal and , a corporation as Surety, are bound to Brevard County Board of County Commissioners, Brevard County, Florida, herein called County, in the sum of ($ ), for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITIONS OF THIS BOND are that if Principal:

Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, and shall remedy any defects in the work due to faulty materials or workmanship or failure to properly maintain during the length of the Contract, and pay for all damage to other work, person, or property resulting therefrom, which shall appear within a period of one (1) year from the date of final acceptance of the work provided for in the Contract, then this bond is to be void; otherwise it remains in full force and effect.

Any modifications in or under the Contract and compliance or noncompliance with any formalities connected with the Contract does not affect Surety’s obligation under this bond.

Signed and sealed this day of , 2024.

Attest: By:

(As to Corporate Principal) Secretary Name and Title of Principal

Witness to Principal (Corporate Seal)

By:

Witness to Surety Name and Title of Surety (Corporate Seal)

CERTIFICATE AS TO CORPORATE PRINCIPAL FOR

PERFORMANCE BOND

I, _________________________ certify that I am the Secretary of the Corporation named as Principal in the within bond; that _____________________________ who signed the said bond on behalf of the Principal, was then _______________________ of said Corporation; that I know the Principal, and the Principal's signature hereto is genuine;

and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body.

__________________________(Seal)

Secretary

STATE OF FLORIDA)

ss

COUNTY OF )

Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared _____________________________ to me well known, who being by me first duly sworn upon oath, says that this individual is the Attorney-in-Fact, for the ___________________________ and that said individual has been authorized by _______ to execute the foregoing bond on behalf of the Contractor named therein in favor of Brevard County, Florida.

Subscribed and sworn to before me this _____ day of ___________________, 20___, A.D.

(Attach Power of Attorney) _____________________________________ Notary Public State of Florida-at-Large

My Commission Expires: ______________________

My Commission Number is: ____________________

EXAMPLE CHANGE ORDER TEMPLATE

CHANGE ORDER NO. XX to TASK ORDER XX-XXX-XXX

Project Title: INSERT TITLE HERE

Consultant: INSERT CONSULTANT HERE

Task Order Funds Task Order Term

Original Task Amount $XX Original Task Date: XX/XX/20XX

Previous Change Orders: $XX Previous Change Orders: X months

Previous Task Sum: $XX Previous Task Time: XX/XX/20XX

Current Change Order: $XX Current Time Extension: X months

New Task Total: $XX New Task Date: XX/XX/20XX

Previous Contract Modifications:

INSERT DESCRIPTION OF ALL PREVIOUS CHANGE ORDERS HERE

EXAMPLE:

Change Order 1: Exhibit A, Section C is hereby deleted in its entirety and replaced with the following:

Permitting: ENGINEER will prepare and submit a Standard General Environmental Resource Permit (ERP) application to SJRWMD as well as additional permitting documents as required by the Army Corp of

Engineers, Florida Department of Environmental Protection (FDEP), and/or local municipality, including any required soil data (available from existing sources; no geotechnical exploration is included) and hydrologic/ hydraulic modeling (of immediate area/portion of conveyance system; modeling of entire basin is not included) to demonstrate that there will not be any adverse impacts to downstream conditions.

Change Order 2: A time extension was provided to address the time associated with bid prep of additional projects to advertise simultaneously because the last bid attempt for a grouping of only 3 basins returned no bids.

Change Order 3: A task order amount change is required to fund services for easement acquisition legal description(s) and project permit application fees related to the St. Johns River Water Management District, Environmental Resource Permit ($250.00), and Brevard County Right Of Way Permit ($225.00). A time extension of 46 weeks and three (3) days is added to allow for re-advertising the project and completing construction.

Change Order 4: Following design and permitting, the owner was unable to acquire the construction and maintenance easements necessary to construct the project. Subsequently, the Engineer was directed to seek alternative location within the actual Sunset Avenue Right-of-Way to redesign the project for subsequent bidding and construction. A task order amount change is required to provide new survey, design and permitting in the amount of $5,952.50. No additional time is requested at this time.

Change Order 5: A no cost time extension is required to accommodate project construction and the associated scope of this task order.

Proposed Contract Modifications:

INSERT PROPOSED CONTRACT MODIFICATIONS HERE

EXAMPLE:

Due to unavoidable problems with materials procurement, shop drawing, and product approval submittals with the construction contractor, additional construction phase service scope well as the associated $1,315.00 budget and time extension is required to accommodate this task order.

Approvals:

Department: Date:

Signature based on Signature Authority

Department

Consultant: Date:

Name

Title

Company Name

EXAMPLE APPLICATION AND CERTIFICATION FOR PAYMENT