HomeMy WebLinkAboutPSA Dredging and Marine Consultants - Main Street Boat Ramp Dredging
Page 1 of 24
CITY OF SEBASTIAN AGREEMENT FOR
PROFESSIONAL DESIGN SERVICES WITH DREDGING & MARINE
CONSULTANTS, LLC FOR MAIN STREET PARK AND BOAT RAMP DREDGING
THIS AGREEMENT made and entered into the ____ day of _______________,2026 by
and between the City of Sebastian, Florida, whose address is 1225 Main Street,
Sebastian, FL 32958, a municipal corporation of the State of Florida, hereinafter referred
to as the "City" and Dredging & Marine Consultants, LLC (FEIN: 32-0031996), whose
principal and local address is 4643 S. Clyde Morris Blvd, Unit 302, Port Orange, Fl 32129
hereinafter referred to as the “Consultant”. The City and the Consultant are collectively
referred to herein as the “Parties.”
WITNESSETH:
WHEREAS, the City desires to retain the CONSULTANT to provide Professional
Design Services as defined in Florida Statute 287.055; and
WHEREAS, the City desires to retain the Consultant to provide professional
services, as subsequently specifically set out in Exhibit A; and
WHEREAS, the City desires to employ the Consultant to support the activities,
programs, and projects of the City upon the terms and conditions hereinafter set forth,
and the Consultant is desirous of performing and providing such goods/services upon
said terms and conditions; and
WHEREAS, the Consultant hereby warrants and represents to the City that it is
competent and otherwise able to provide professional services to the City; and
WHEREAS, the City desires to retain the Consultant to provide all labor, materials,
equipment, facilities, and services included in, but not limited to, the guidelines in the
scope of work; and
WHEREAS, the City desires to use the expertise and knowledge of the Consultant;
and
WHEREAS, the Consultant recognizes the importance of strict adherence to all
laws, rules, and regulations, particularly regarding safety procedures and processes.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
5th February
Page 2 of 24
SECTION 1: GENERAL PROVISIONS
1.1 The term "Consultant" as used in this agreement is hereby defined herein as that
person or entity, including employees, servants, partners, principals, agents, and
assignees providing services under this agreement.
1.2 The Consultant acknowledges that the City may retain other service providers to
provide the same services for City projects. At its option, the City may request
proposals from the Consultant and the service providers for City projects. The City
reserves the right to select which service provider s shall provide services for the
City’s projects.
1.3 This agreement is for professional services for Main Street Park and Boat Ramp,
as set forth herein and as otherwise directed by the City to include all labor and
materials that may be required.
1.4 The recitals above are true and correct and form and constitute a material part of
this agreement upon which the parties have relied.
1.5 Each party hereto represents to the other that it has undertaken all necessary
actions to execute this agreement and has the legal authority to enter into it and
undertake all obligations imposed on it. The person(s) executing this agreement
for the Consultant certify that they are authorized to bind the Consultant fully to the
terms of this agreement.
1.6 Time is of the essence of the lawful performance of the duties and obligations
contained in this agreement, including, but not limited to, each purchase order. The
parties agree that they shall diligently and expeditiously pursue their respective
obligations outlined in this agreement and each purchase order.
1.7 When the term “law” is used herein, it shall include statutes, codes, rules, and
regulations of any type or nature enacted or adopted by a governmental entity of
competent jurisdiction.
1.8 The Consultant hereby guarantees the City that all work and all material, supplies,
services, and equipment listed on a Purchase Order meet the requirements,
specifications, and standards provided for under the Federal Occupations Safety
and Health Act of 1970, from time to time amended and in force on the date hereof.
1.9 It is agreed that nothing herein contained is intended or should be construed as
creating or establishing a relationship of co-partners between the parties or as
constituting the Consultant (including, but not limited to its officers, employees, and
agents) as the agent, representative, or employee of the City for any purpose or in
any manner whatsoever. The Consultant is to be and shall remain independent
concerning all services performed under this agreement.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 3 of 24
1.10 Persons employed by the Consultant in the provision and performance of the
goods and/or services and functions under this agreement sha ll have no claim to
pension, workers’ compensation, unemployment compensation, civil service, or
other employee rights or privileges granted to the City’s officers and employees
either by operation of law or by the City.
1.11 No claim for goods and/or services furnished by the Consultant not specifically
provided for herein or in a purchase order shall be honored by the City.
SECTION 2: SCOPE OF SERVICES
2.1 The Consultant shall safely, diligently, and professionally and timely perform with
its equipment and assets and provide goods and/or services included in each
subsequently entered purchase order. Unless modified in writing by the parties
hereto, the Consultant's duties shall not be construed to exceed the provision of
the goods and/or services pertaining to this agreement.
2.2 The Consultant shall provide the goods and/or services as generally set forth and
described in Exhibit “A” to this agreement and specifically detailed in various
purchase orders as may be issued from time to time by the City .
SECTION 3: PURCHASE ORDERS
3.1 The provision of services to be performed under the provisions of this agreement
shall be commenced as outlined in the City’s solicitation documents upon the
execution of this agreement and a purchase order issued on a form provided by
the City hereunder commencing the provision of goods and services. Additional
services to be performed by the Consultant to the City shall be authorized in a
written change order issued by the City on a form provided by the City. Purchase
orders executed by the City shall include a detai led description of quantities,
services, and a completion schedule. The Consultant shall review purchase orders
and notify the City in writing of asserted inadequacies for the City’s correction if
warranted. In every case, if the Consultant completes work without authorization
by a purchase/work order or a change order, the City is not obligated to
compensate the Consultant for the unauthorized work.
3.2 The Consultant shall perform all services required by the purchase order, but the
Consultant shall not be paid more than the negotiated Fixed Fee amount stated
therein.
3.3 The Consultant may invoice the amount due based on the percentage of total
services performed and completed, but in no event shall the invoice amount
exceed a percentage of the Fixed Fee amount equal to a percentage of the total
services completed.
3.4 The City shall make payments to the Consultant when requested as work
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 4 of 24
progresses for services furnished, but not more than once monthly. Each purchase
order shall be invoiced separately. The Consultant shall render to the City, at the
close of each calendar month, an itemized invoice properly dated, describing any
services rendered, the cost of the services, the name and address of the
Consultant, purchase order number, contract number, and all other information
required by this agreement.
SECTION 4: CONSULTANT UNDERSTANDING OF SERVICES REQUIRED
4.1 Execution of this agreement by the Consultant is a representation that the
Consultant is familiar with the services to be performed and local conditions. The
Consultant shall make no claim for additional time or money based upon its failure
to comply with this agreement. The Consultant has informed the City, and hereby
represents to the City, that it has extensive experience in performing and providing
the services and/or goods described in this agreement and to be iden tified in the
purchase orders and that it is well acquainted with the work conditions and the
components that are properly and customarily included within such projects and
the requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the City's projects. Execution
of a purchase order shall be an affirmative and irrefutable representation by the
Consultant to the City that the Consultant is fully familiar with all requisite work
conditions of the provisions of the goods and/or services.
SECTION 5: CHANGE ORDERS
5.1 The City may revise the scope of services outlined in any particular purchase order.
5.2 Revisions to any purchase order shall be authorized in writing by the City as a
change order. Each change order shall include a schedule of completion for the
services authorized. Change orders shall identify this agreement and the
appropriate purchase order number. Change orders may contain additional
instructions or provisions specific to certain aspects of this agreement pertinent to
the services provided. Such supplemental instructions or provisions shall not be
construed as modifying this agreement. An agreement between the parties on and
execution of any change order shall constitute a final settlement and a full accord
and satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and/or work, including all direct and indirect costs of
whatever nature, and all adjustments to the Consultant’s schedule.
SECTION 6: CONSULTANT RESPONSIBILITIES
6.1 The Consultant shall be responsible for the professional quality, accepted
standards, technical accuracy, neatness of appearance of employees, employee
conduct, safety, and the coordination of all goods and/or services furnished by the
Consultant under this agreement as well as the conduct of its staff, personnel,
employees, and agents. The Consultant shall provide the City with a list of
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 5 of 24
employees working days, times, and assignments within two (2) days of the City’s
request for such information, which the City may request. The Consultant shall
provide employee addresses and driver’s licenses. All Consultant employees shall
at all times wear identification badges which, at a minimum, give the name of the
employee and the Consultant. The Consultant shall work closely with the City to
provide the goods and/or services. Concerning services, the Consultant shall be
responsible for the professional quality, technical accuracy, competence,
methodology, accuracy, and coordination of all of the following, which are listed for
illustration purposes only and not as a limitation: documents, analysis, reports,
data, plans, plats, maps, surveys, specifications, and all other services of whatever
type or nature furnished by the Consultant under this agreement. Without
additional compensation, the Consultant shall correct or revise any errors or
deficiencies in its plans, analysis, data, reports, designs, drawings, specifications,
and any and all other services of whatever type or nature.
6.2 Neither the City’s review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement or of any cause of action arising out of the performance
of this agreement and the Consultant shall be and remain liable to the City per
applicable law for all damages to the City caused by the Consultant’s negligent or
improper performance or failure to perform any of the goods and/or services
furnished under this agreement.
6.3 The rights and remedies of the City, provided for under this agreement, are in
addition to any other rights and remedies provided by law.
6.4 Time is of the essence in the performance of all goods and/or services provided
by the Consultant under the terms of this agreement and every purchase order.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES
7.1 The City shall reasonably cooperate with the Consultant promptly at no cost to the
Consultant as outlined in this Section.
7.2 The City shall furnish a City project manager to administer, review, and coordinate
the provision of services under purchase orders.
7.3 The City shall make City personnel available where, in the City’s opinion, they are
required and necessary to assist the Consultant. The availability and necessity of
said personnel to assist the Consultant shall be determined solely at the discretion
of the City.
7.4 The City shall examine all of the Consultant's services and indicate the City's
approval or disapproval within a reasonable time so as not to delay the provisions
of services of the Consultant materially.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 6 of 24
7.5 The City shall transmit instructions and relevant information and interpret and
define City policies and decisions concerning all materials and other matters
pertinent to the services covered by this agreement.
7.6 The City shall give written notice to the Consultant whenever the City's designated
representative knows of a development that affects the goods and/or services
provided and performed under this agreement, the timing of the Consultant’s
provision of goods and/or services, or a defect or change necessary in the
Consultant's goods and/or services.
7.7 The rights and remedies of the City provided under this agreement are in addition
to any other rights and remedies provided by law. The City may assert its right of
recovery by any appropriate means including, but n ot limited to, set-off, suit,
withholding, recoupment, or counterclaim, either during or after the performance
of this agreement as well as the adjustment of payments made to the Consultant
based upon the quality of work of the Consultant.
7.8 The City shall be entitled to recover all legal costs, including, but not limited to,
attorney fees and other legal costs, that it may incur in any legal actions it may
pursue to enforce the terms and conditions of this agreement or the responsibilities
of the Consultant in carrying out the duties and responsibilities deriving from this
agreement.
7.9 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
7.10 Neither the City’s review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed t o operate as a waiver of any
rights under this agreement nor any cause of action arising out of the performance
of this agreement and the Consultant shall be and always remain liable to the City
per applicable law for all damages to the City or the public caused by the
Consultant’s negligent or wrongful provision or performance of any of the goods
and/or services furnished under this agreement.
7.11 After final payment is made to the Consultant, all deliverable analysis, reference
data, survey data, plans, reports, or any other form of written instrument or
document that may result from the Consultant’s services or have been created
during the Consultant’s performance under this agreement shall become the
property of the City.
SECTION 8: COMPENSATION
8.1 Compensation for performance of work per Exhibit A, subject to additions and
deletions by change order as provided for in this agreement.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 7 of 24
8.2 Compensation to the Consultant shall be as outlined in the purchase order, which
assigns services to be accomplished by the Consultant.
8.3 The Consultant shall be paid per the charges outlined in Exhibit “B” attached
hereto.
8.4 There are no reimbursable expenses to be paid to the Consultant except as
specifically set forth herein.
SECTION 9: INVOICE PROCESS
9.1 Invoices, in an acceptable form to the City and without disputable items, will be
processed for payment within thirty (30) days of receipt by the City.
9.2 The City will notify the Consultant of any disputable items in invoices submitted by
the Consultant within fifteen (15) days of receipt, explaining the deficiencies.
9.3 The City and the Consultant will try to resolve all disputable items in the
Consultant’s invoices.
9.4 Each invoice shall reference this agreement, the appropriate purchase order and
Change Order if applicable, and the billing period.
9.5 The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the Consultant completed goods and/or services
referenced in an invoice.
9.6 Invoices are to be forwarded directly to the Project Manager:
Name: Richard Blankenship
Email: RBlankenship@cityofsebastian.org
SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT
10.1 The Consultant shall commence providing services as described in this agreement
upon execution of a purchase order issued by the City.
10.2 The Consultant and the City agree to make every effort to adhere to the schedules
required by the City or as established for the vario us purchase orders as described
in each purchase order. However, if the Consultant is delayed at any time in the
provision of goods and/or services by any act or omission of the City, or of any
employee, tumult of the City, or by any other Consultant employed by the City, or
by changes ordered by the City, or by strikes, lockouts, fire, unusual delay in
transportation, terrorism, unavoidable casualties, or any other causes of force
majeure not resulting from the inactions or actions of the Consultant and beyond
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 8 of 24
the Consultant’s control which would not reasonably be expected to occur in
connection with or during performance or provision of the goods and/or services,
or by delay authorized by the City pending a decision, or by any cause which the
City shall decide to justify the delay, the time of completion shall be extended for
such reasonable time as the City may decide in its sole and absolute discretion. It
is further expressly understood and agreed that the Consultant shall not be entitled
to any damages or compensation or be reimbursed for any losses due to any delay
or delays resulting from any of the causes as mentioned earlier or any other cause
whatsoever.
SECTION 11: TERM/LENGTH OF AGREEMENT
11.1 The initial term of this agreement is one (1) year. The contract term shall
automatically renew for successive one (1) year periods thereafter until the Main
Street Park and Boat Ramp project and all associated grants from the Florida
Inland Navigation District (FIND), the Florida Boating Improvement Program
(FBIP), and the Land and Water Conservation Fund Program (LWCF) are
completed and closed out.
11.2 The City has the right to extend any contract for the period necessary for the
Consultant to complete their contractual obligations and/or release, award, and
implement a replacement agreement. Such extension shall be based on the same
prices, terms, and conditions this contract outlines.
SECTION 12: DESIGNATED REPRESENTATIVES
12.1 The City designates the City Manager or their designated representative, to
represent the City in all matters pertaining to and arising from the work and the
performance of this agreement.
12.2 The City Manager, or his/her designated representative, shall ha ve the following
responsibilities:
12.2.1 Examination of all work and rendering, in writing, decisions indicating the
City's approval or disapproval within a reasonable time so as not to
materially delay the work of the Consultant;
12.2.2 Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials,
and other matters pertinent to the work covered by this agreement;
12.2.3 Giving prompt written notice to the Consultant whenever the City official
representative knows of a defect or change necessary in the project; and
12.2.4 Coordinating and managing the Consultant’s preparation of any necessary
applications to governmental bodies to arrange for submission of such
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 9 of 24
applications.
12.3 Until further notice from the City Manager , the designated representative for this
agreement is concerning this section of the Agreement:
Mr. Richard Blankenship
Director Parks, Recreation and Facilities
Office: 772-388-4414
Cell: 772-300-1957
Email: rblankenship@cityofsebastian.org
The Consultant’s designated representative is:
Mr. Shailesh K. Patel
4643 S. Clyde Morris Blvd., Unit 302
Port Orange, FL 32129
Mobile: (386) 846-4760
Email: spatel@dmces.com
SECTION 13: TERMINATION FOR CAUSE OR CONVENIENCE.
13.1 Notwithstanding any other provision of this agreement, the City shall have the right
at any time to terminate this agreement in its entirety, with or without cause, as
outlined herein.
13.2 WITH CAUSE: If the Contractor is found to have failed to perform ser vices in a
manner satisfactory to the City, the Contractor shall have ten (10) days to correct
deficiencies.
13.2.1 Failure of the Contractor to remedy said specified deficiencies within ten
(10) days of receipt of such notice shall result in the termination of the
agreement, and the City shall be relieved of any responsibilities and
liabilities under the terms and provisions of the contract.
13.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement
without cause with thirty (30) days' written notice to the Contractor. Notice shall be
served to the parties as specified in the agreement.
13.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the
provision of all services unless the notice provides otherwise.
13.5 If this agreement is terminated, the City shall identify any specific purchase
order(s) being terminated and the specific purchase order(s) to be continued to
completion according to the provisions of this agreement.
13.6 This agreement will remain in full force and effect as to all authorized purchase
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 10 of 24
order(s) to be completed as outlined above.
13.7 EFFECTIVE IMMEDIATELY: This Contract will terminate immediately and
absolutely if the City of Sebastian determines that adequate funds are de -
appropriated such that the City of Sebastian cannot fulfill its obligations under the
Contract, which determination is at the City of Sebastian’s sole discretion and shall
be conclusive. Further, the City of Sebastian may terminate the Contract for any
one or more of the following reasons, effective immediately without advance
notice: (i) In the event the Contractor is required to be certified or licensed as a
condition precedent to providing goods and services, the revocation or loss of such
license or certification may result in immediate termination of the Contract effective
as of the date on which the license or certificatio n is no longer in effect; (ii) The
City of Sebastian determines that the actions, or failure to act, of the Contractor,
its agents, employees or subcontractors have caused, or reasonably could cause,
life, health or safety to be jeopardized; (iii) The Contractor fails to comply with
confidentiality laws or provisions; and/or (iv) The Contractor furnished any
statement, representation or certification in connection with the Contract or the
bidding process which is materially false, deceptive, incorrect or in complete.
SECTION 14: PAYMENT IN THE EVENT OF TERMINATION
14.1 In the event this agreement or any purchase order is terminated or canceled before
completion without cause, payment for the unpaid portion of the satisfactorily,
undisputed services provided by the Consultant before the date of termination will
be paid.
SECTION 15: EQUAL OPPORTUNITY EMPLOYMENT
15.1 The Consultant shall not discriminate based on race, color, sex, age, national
origin, religion, and disability or handicap by the provisions of: Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of
1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.),
Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title
49 CFR 23 and Title 49 CFR 26 for Disadvantaged B usiness Enterprises, Age
Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title
49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans
with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair La bor
Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state
discrimination statutes. The Consultant shall furnish pertinent information
regarding its employment policies and practices and those of their proposed sub
consultants the City may require. The above shall be required of any sub
consultant hired by the Consultant. All equal employment opportunity requirements
shall be included in all non-exempt subcontracts entered into by the Consultant.
Subcontracts entered into by the Consultant shall also include all other applicable
labor provisions. No subcontract shall be awarded to any noncomplying sub-
consultant. Additionally, the Consultant shall insert in its subcontracts a clause
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 11 of 24
requiring subConsultants to include these provisions in any lower-tier subcontracts
that may be made. The Consultant shall comply with all state laws and local
ordinances.
SECTION 16: INDEMNIFICATION
16.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless
the City, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or its subcontractors and other persons employed or utilized by the
Contractor or its subcontractors in the performance of the contract; irrespective of
the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting
from, gross negligence or willful, wanton, or intentional misconduct of the City or
its officers, directors, agents, or employees. Upon request of the City, the
Contractor or its subcontractors shall, at no cost or expense to the City, indemnify
and hold the City harmless of any suit asserting a claim for any loss, damage, or
liability specified above, and the Contractor or its subcontractors shall pay any cost
and reasonable attorneys’ fees that may be incurred by the City in connection with
any such claim or suit or in enforcing the indemnity granted above. Nothing in this
agreement shall be construed as the City waiving its sovereign immunity under
Florida Statute §768.28 or any other sovereign or governmental im munity, nor an
admission of any liability. This provision shall survive the termination of this
agreement.
SECTION 17: INSURANCE
17.1 The Consultant shall obtain or possess and continuously maintain the following
insurance coverage from a company or compani es with a Best Rating of A- or
better, authorized to do business in the State of Florida and a form acceptable to
the City and with only such terms and conditions as may be sufficient to the City:
17.1.1 Comprehensive General Liability: The Consultant shall provide minimum
combined single limits of $1,000,000.00 for each occurrence /
$2,000,000.00 general aggregate for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products & completed operations, broad form property damage,
personal and advertising injury, and contractual liability coverage.
17.1.2 Comprehensive Automobile Liability: The Consultant shall provide minimum
liability limits of $1,000,000.00 for each accident, combined with a single
limit for bodily injury and property damage. This shall include coverage for:
17.1.2.1 Owned Automobiles
17.1.2.2 Hired Automobiles
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 12 of 24
17.1.2.3 Non-Owned Automobiles
17.1.3 Professional Liability Insurance: Professional liability insurance with a
minimum limit of $1,000,000.00 aggregate with respect to negligent acts,
errors or omissions in connection with professional services to be provided
under this Agreement. Any deductible is not to exceed $5,000 for each claim
CONSULTANT represents it is financially responsible for the deductible
amount.
17.1.4 Worker’s Compensation: The Contractor shall provide and maintain
Coverage for all employees for statutory limits as required by the State of
Florida’s Statutory Workers’ Compensation Law and all applicable Federal
laws. Any policy must include the Employer’s Liability with minimum
limits of $1,000,000 for each accident and a waiver of subrogation.
17.1.5 Umbrella/Excess Liability: The Consultant shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of
Comprehensive General Liability, Automobile Liability, and Employers’
Liability. **This coverage is optional if the CONSULTANT carries
$2,000,000 Commercial General Liability Insurance with a $2,000,000
general aggregate**
17.1.6 All insurance other than Worker’s Compensation to be maintained by the
Consultant shall specifically include the City as an additional insured.
17.2 The Consultant shall provide certificates of insurance to the City , evidencing that
all such insurance is in effect before the issuance of the first purchase order under
this agreement from the City. These certificates of insurance shall become part of
this agreement. Neither approval by the City nor failure to disapprove the insurance
furnished by a Consultant shall relieve the Consultant of the Consultant’s full
responsibility for performance of any obligation, including the Consultant’s
indemnification of the City under this agreement. If, during the period which an
insurance company is providing the insurance coverage required by this
agreement, an insurance company shall: (1) lose its Ce rtificate of Authority, (2) no
longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best’s Rating and Financial Size Category, the Consultant shall, as soon
as the Consultant knows any such circumstance, immediately no tify the City and
immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this agreement.
Until the Consultant has replaced the unacceptable insurer with insurance
acceptable to the City, the Consultant shall be deemed to be in default of this
agreement.
17.3 The insurance coverage shall contain a provision that requires that before any
changes in the coverage, except increases in aggregate coverage, thirty (30) days
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 13 of 24
prior notice will be given to the City by submission of a new certificate of insurance.
17.4 The Consultant shall furnish a certificate of insurance directly to the City ’s
procurement/contracts manager. The certificates shall indicate that the Consultant
has obtained insurance of the type, amount, and classification required by this
agreement.
17.5 Nothing in this agreement or any action relating to this agreement shall be
construed as the City’s waiver of sovereign immunity beyond the limits outlined in
Section 768.28, Florida Statutes.
17.6 The City shall not be obligated or liable under the terms of this agreement to any
party other than the Consultant. There are no third-party beneficiaries to this
agreement.
17.7 The Consultant is an independent Consultant and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided
in this agreement.
17.8 All insurance shall be primary to, and not contribute to, any insurance or self -
insurance maintained by the City.
SECTION 18: STANDARDS OF CONDUCT
18.1 The Consultant shall promptly notify the City in writing of the filing of any voluntary
or involuntary petition for bankruptcy and/or any insolvency of the Design-Builder
or any of its sub-consultants involved in the provision of the Services under this
Agreement.
18.2 The Consultant hereby certifies that no undisclosed (in writing) conflict of interest
exists concerning the agreement, including, but not limited to, any conflicts that
may be due to the representation of other clients, customers, or vendees, other
contractual relationships of the Consultant, or any interest in property that the
Consultant may have. The Consultant further certifies that any conflict of interest
arising during this agreement's term shall be immediately disclosed in writing to
the City. Violation of this Section shall be considered as justification for immediate
termination of this agreement.
18.3 If the City determines that any employee or representative of the Consultant is not
satisfactorily performing his/her assigned duties or is demonstrating improper
conduct under any assignment or work performed under this agreement, the City
shall notify the Consultant in writing. The Consultant shall immediately remove
such employee or representative of the Consultant from such assignment.
18.4 The Consultant shall not publish any documents or release information regarding
this agreement to the media without prior approval of the City.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 14 of 24
18.5 The Consultant shall certify, upon request by the City, that the Consultant
maintains a drug-free workplace policy following Section 287.0878, Florida
Statutes. Failure to submit this certification may result in termination of this
agreement.
18.6 If the Consultant or an affiliate is placed on the convicted vendor list following a
conviction for a public entity crime, such action will result in termination of this
agreement by the City. Under a contract with any public entity, the Consultant,
supplier, or subConsultant may not transact business with any public entity above
the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY
TWO for 36 months after being placed on the convicted vendor list.
18.7 Consultant certifies to the best of their knowledge and belief, that they and their
principals (1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any
municipal, City, state or federal department or agency; (2) have not, within a three
year period preceding execution of this agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal,
state or local) transaction or contract under a public transact ion; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records; making false statements; or receiving stolen
property; (3) are not presently indicted for or otherwise cr iminally or civilly charged
by a governmental entity (federal, state or local) with commission of any of the
offenses enumerated above; (4) have not within a three year period preceding
execution of this Agreement had one or more public transactions (Feder al, State,
or local) terminated for cause or default; and (5) will advise the City immediately if
their status changes and will explain the change in status.
18.8 The City reserves the right to unilaterally terminate this agreement if the Consultant
refuses to allow public access to all documents, papers, letters, or other materials
subject to provisions of Chapter 119, Florida Statutes, and other applicable law,
and made or received by the Consultant in conjunction, in any way, with this
agreement.
18.9 The Consultant shall comply with the requirements of the Americans with
Disabilities Act (ADA), and all related federal or state laws which prohibit
discrimination by public and private entities based on disability.
18.10 The City will not intentionally award publicly-funded contracts to any Consultant
who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e)
of the Immigration and Nationally Act (INA). The City shall consider the
employment by the Consultant of unauthorized aliens, a violation of Section
274A(e) of the INA. Such violation by the Consultant of the employment provisions
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 15 of 24
contained in Section 274A(e) of the INA shall be grounds for immediate termination
of this agreement by the City.
18.11 The Consultant agrees to comply with federal, state, and local environmental,
health, and safety laws and regulations applicable to the goods and/or services
provided to the City. The Consultant agrees that any program or initiative involving
the work that could adversely affect any personnel involved, citizens, residents,
users, neighbors, or the surrounding environment will ensure compliance with all
employment safety, environmental, and health laws.
18.12 The Consultant shall ensure that all goods and/or services are provided to the City
after the Consultant has obtained any permits, licenses, permissions, approvals,
or similar consents at its sole and exclusive expense.
18.13 If applicable, per Section 216.347, Florida Statutes, the Consultant shall not use
funds provided by this agreement to lobby the Legislature, the judicial branch, or
state agency. Furthermore, Consultant shall not, in connection with the contract,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on
anyone as consideration for any City officer or employee’s decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal
duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or
at the direction or request of, any City officer or employee. “Gratuity” means any
payment of more than nominal monetary value in cash, travel, entertainment, gifts,
meals, lodging, loans, subscriptions, advances, money deposits, services,
employment, or contracts.
18.14 The Consultant shall advise the City in writing who has been placed on a
discriminatory vendor list, may not submit a bid on a contract to provide goods or
services to a public entity, or may not transact business with any public entity.
18.15 The Consultant shall not engage in any action that would create a conflict of
interest in the performance of that actions of any City employee or other person
during the performance of, or otherwise related to, this agreement or wh ich would
violate or cause others to violate the provisions of Part III, Chapter 112, Florida
Statutes, relating to ethics in government.
SECTION 19: PUBLIC RECORDS
19.1 The consultant will keep and maintain public records required by the City to
perform the service. Upon request from the City’s custodian of public records, the
Consultant will provide the City with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise
provided by law. Upon completion of the Agreement, the Consultant will transfer,
at no cost, to the City all public records in possession of the Consultant or keep
and maintain public records required by the City to perform the service. The
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 16 of 24
Consultant will ensure that the public records that are exempt or confidential and
exempt from public records disclosure re quirements are not disclosed except as
authorized by law for the term of the Agreement and following completion of the
Agreement if the Consultant does not transfer the records to the City. If the
Consultant keeps and maintains public records upon completion of the Agreement,
the Consultant shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
the City’s custodian of public records, in a format that is compatibl e with the
information technology system of the City. If the Consultant does not comply with
the City’s request for public records, the City shall enforce the provisions of the
Agreement per the terms of the Agreement and may cancel the Agreement.
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 JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
1225 MIAN STREET
SEBASTIAN, FL 32958
TELEPHONE: 772-388-8215
EMAIL: CityHallPublicRecordsRequest@cityofsebastian.org
SECTION 20: CODES AND DESIGN STANDARDS
20.1 All services to be performed by the Consultant shall, at a minimum, be in
conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any federal, state, and local
regulatory agencies.
20.2 The Consultant shall be responsible for keeping apprised of any changing laws
applicable to the goods and/or services to be performed under this agreement.
SECTION 21: ASSIGNABILITY
21.1 The Consultant shall not sublet, assign, or transfer any interest in this agreement
or claims for the money due or to become due out of this agreement to a bank,
trust company, or other financial institution without written City approval. When
approved by the City, written notice of such assignment or transfer shall be
furnished promptly to the City.
21.2 The Consultant agrees to reasonably participate in the contract “piggybacking”
programs pertinent to local governments.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 17 of 24
SECTION 22: SUBCONSULTANTS
22.1 The Consultant’s proposed subconsultants shall be submitted to the City for written
approval before the Consultant enters a subcontract. Sub consultant information
shall include, but not be limited to, state registrations, business address,
occupational license tax proof of payment, and insurance certifications.
22.2 The Consultant shall coordinate the provision of goods and/or services and work
product of any City approved subconsultants and remain fully responsible for such
goods and/or services and work under the terms of this agreement.
22.3 Any subcontract shall be in writing and shall incorporate this agreement and
require the sub consultant to assume the performance of the Consultant’s duties
commensurately with the Consultant’s responsibilities to the City under this
agreement; it is understood that nothing herein shall in any way relieve the
Consultant from any of its duties under this agreement. The Consultant shall
provide the City with executed copies of all subcontracts.
22.4 The Consultant shall reasonably cooperate with the City and other City
Consultants and professionals.
SECTION 23: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY
TRIAL
22.5 The laws of the State of Florida shall govern the agreement. In the event of
litigation arising under this agreement, the venue of such action shall be an
appropriate State or Federal Court in and for Indian River County, Florida. The
parties agree that in the event of litigation arising from this agreement, each shall
waive any right to trial by jury.
22.6 This agreement is the result of bona fide arms-length negotiations between the
City and the Contractor, and all parties have contributed substantially and
materially to the preparation of the agreement. Accordingly, this agreement shall
not be construed or interpreted more strictly against any one party than against
any other party.
SECTION 24: FORCE MAJEURE
23.1 Neither party shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of such obligations, or any of them,
is delayed or prevented by Force Majeure. Force Majeure shall include, but not
be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic,
pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation,
regulation, or ordinance or other act of government, or any act of God or any cause
whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Section is beyond the control and without the
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 18 of 24
fault or negligence of the party seeking relief under this Section.
SECTION 25: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.
24.1 This agreement and the exhibit(s) constitute the entire integrated agreement
between the City and the Consultant and supersedes all prior written or oral
understandings in connection therewith. This agreement and all the terms and
provisions contained herein, including without limitation the exhibi ts hereto,
constitute the full and complete agreement between the parties hereto to the date
hereof and supersedes and controls over any prior agreements, understandings,
representations, correspondence, and statements whether written or oral.
24.2 This agreement may only be amended, supplemented, or modified by a formal
written amendment.
24.3 Any alterations, amendments, deletions, or waivers of the provisions of this
agreement shall be valid only when expressed in writing and duly signed by the
parties.
SECTION 26: NOTICES
25.1 Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by email and/or registered United States mail, with return
receipt requested, addressed to the party for whom it is inten ded, at the place last
specified. The place for giving notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this Section.
25.2 For the present, the parties designate the following as the representat ive places
for giving of notice, to wit:
TO THE CITY:
City Manager Procurement Manager
City of Sebastian City of Sebastian
1225 Main Street 1225 Main Street
Sebastian, FL 32958 Sebastian, FL 32958
O: 772-388-8231
E: procurement@cityofsebastian.org
TO THE CONSULTANT:
Mr. Shailesh Patel
Dredging & Marine Consultants, LLC
4643 S. Clyde Morris Blvd., Unit 302
Port Orange, Fl 32129
O: 386-304-6505
E: spatel@dmces.com
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 19 of 24
25.3 Written notice requirements of this agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies
hereunder. The Consultant agrees not to claim any waiver by the City of such
notice requirements based upon the City having actual knowledge, implied, verbal
or constructive notice, lack of prejudice, or any other grounds as a substitute for
the failure of the Consultant to comply with the express written notice requirements
herein. Computer notification (e-mails and message boards) shall not constitute
proper written notice under the terms of the agreement.
SECTION 27: WAIVER
26.1 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
SECTION 28: NO GENERAL CITY OBLIGATION
27.1 In no event shall any obligation of the City under this agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing
power of the City, or a general obligation or indebtedness of the City within the
meaning of the Constitution of the State of Florida or any other applicable laws,
but shall be payable solely from legally available revenues and funds.
27.2 The Consultant shall not have the right to compel the exercise of the ad valorem
taxing power of the City.
SECTION 29: EXHIBITS
28.1 Each exhibit referred to and attached to this agreement is an essential part of this
agreement. The exhibits and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this agreement.
SECTION 30: SEVERABILITY/CONSTRUCTION
29.1 If any term, provision, or condition contained in this agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this agreement, or the
application of such term, provision, or condition to persons or circumstances other
than those in respect of which it is invalid or unenforceable, shall not be affected
thereby, and each term, provision, and condition of this agreement sh all be valid
and enforceable to the fullest extent permitted by law when consistent with equity
and the public interest.
29.2 All provisions of this agreement shall be read and applied in para materia with all
other provisions hereof.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 20 of 24
SECTION 31: SURVIVAL
30.1 All express representations, waivers, indemnifications, and limitations of liability
included in this agreement shall survive completion or termination of the
agreement for any reason.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 21 of 24
IN WITNESS WHEREOF, the parties hereto have made and executed this
agreement on the respective dates under each signature , and the Consultant signing by
and through its duly authorized corporate officer, having the complete authority to execute
the same.
ATTEST: DREDGING & MARINE
CONSULTANTS, LLC
By:
____________________________ ____________________________
Dhilan S. Patel Shailesh K. Patel, President
Date: ______________________
ATTEST: CITY OF SEBASTIAN, FL
By:
____________________________ ____________________________
Catherine E. Testa Brian Benton, City Manager
Acting City Clerk
Date: ______________________
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
_________________________________
James D. Stokes
City Attorney
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
ID: A8FD3B00-9667-4...
Digitally signed by
<spatel@dmces.com>
February 03, 2026 07:05 PM EST
02/03/2026
ID: 0CE04D97-9610-4...
Digitally signed by
<dpatel@dmces.com>
February 04, 2026 09:23 AM EST
ID: E099D0F0-14AE-4...
Digitally signed by
<jstokes@cityofsebastian.org>
February 05, 2026 10:11 AM EST
ID: 4067860A-E20C-4...
Digitally signed by
<bbenton@cityofsebastian.org>
February 05, 2026 10:45 AM EST
02/05/2026
ID: 9F60F3FE-794F-43...
Digitally signed by
<ctesta@cityofsebastian.org>
February 05, 2026 10:58 AM EST
Page 22 of 24
EXHIBIT “A”
SCOPE OF SERVICES AND PRICE PROPOSAL
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
4643 S. Clyde Morris Blvd., Unit 302 • Port Orange, FL 32129 • Phone: 386-304-6505 • Fax: 386-304-6506
spatel@dmces.com • www.dmces.com
g g
Shailesh K. Patel, M.Sc., CPSSc.
Principal/Senior Project Manager
December 16, 2025
Jessica Graham, CPPB
Procurement/Contract Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: City of Sebastian Main Street Park Boat Ramp Dredging Bidding Assistance Services
Dear Ms. Graham,
Dredging & Marine Consultants, LLC (DMC) is pleased to present this proposal to the City of Sebastian
(City) for Bidding Assistance Services related to the Main Street Park Boat Ramp Dredging project. This
task also includes coordination with Florida Inland Navigation District (FIND) for utilization of its Dredge
Material Management Area for dredge material placement.
Scope of Services: DMC will assist with the following services as indicated in the scope of service below:
Task 1 – Bidding Assistance:
DMC will assist the City’s procurement department with all tasks related to bid preparation and
advertisement as related to this project. DMC will prepare the technical specifications to facilitate 100%
design plans for construction based on permit modifications. DMC will attend and facilitate the pre-bid
meeting, assist with addendum preparation by responding to any request for additional information, and
clarification questions submitted with regards to the plans and specifications by the contractors. DMC will
also assist City with bid tabulation, reference checks and contractor recommendation, as may be needed.
This task includes coordination with FIND for contractual obligations and review for the use of its DMMA.
Budget: The total not-to-exceed lump sum cost for all services, including all expenses is $11,320.00.
Schedule: DMC will initiate work following Notice to Proceed. These services are estimated to be
completed in seven months.
Should you have any further questions please call 386-304-6505. We look forward to your authorization
(Notice-to-Proceed) and to working with you on this project. Thank you.
Respectfully,
Dredging & Marine Consultants, LLC
Mehul J. Patel, P.E.
Senior Principal Engineer
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 23 of 24
EXHIBIT “B”
REQUIRED CERTIFICATIONS
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
TRUTH IN NEGOTIATION CERTIFICATION
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost-plus-a-fixed
fee professional services contract over the threshold amount provided in Section 287.017,
Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department)
requires the Consultant to execute this certificate and include it with the submittal of the
Technical Proposal, or as prescribed in the contract advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other
factual unit costs supporting the compensation for this project’s agreement are accurate,
complete, and current at the time of contracting.
The Consultant further agrees that the original agreement price and any additions thereto
shall be adjusted to exclude any significant sums by which the Department determines
the agreement price was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs. All such agreement adjustments shall be made within
(1) year following the end of the contract. For purposes of this certificate, the end of the
agreement shall be deemed to be the date of final billing or accepta nce of the work by
the Department, whichever is later.
Company Name
Authorized Signature
Printed Name & Title Date
Dredging & Marine Consultants, LLC.
ID: FA7082A4-22B6-4DF0-AD...
Digitally signed by <spatel@dmces.com>
January 22, 2026 11:35 AM EST
Shailesh K. Patel, President/Managing Member 01/22/2026
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1. This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part
3000. As such, the contractor is required to verify that none of the contractor’s principles
(defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded
(defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
2. The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 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 the City of Sebastian.
If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C
and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian,
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 CFR Part 180, subpart
C and 2 CFR Part 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.
________________________________________________________________
Authorized Signature Address
__________________________________________________________________
Printed Name & Title City, State, Zip Code
__________________________________________________________________
Company Date
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
ID: A8FD3B00-9667-4...
Digitally signed by
<spatel@dmces.com>
February 03, 2026 07:05 PM EST 4643 S. Clyde Morris Blvd., Unit 302
Shailesh K. Patel, President Port Orange, FL 32129
Dredging & Marine Consultants, LLC 02/03/2026
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1. This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part
3000. As such, the contractor is required to verify that none of the contractor’s principles
(defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded
(defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
2. The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 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 the City of Sebastian.
If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C
and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian,
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 CFR Part 180, subpart
C and 2 CFR Part 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.
________________________________________________________________
Authorized Signature Address
__________________________________________________________________
Printed Name & Title City, State, Zip Code
__________________________________________________________________
Company Date
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
ID: A8FD3B00-9667-4...
Digitally signed by
<spatel@dmces.com>
February 03, 2026 07:05 PM EST
4643 S. Clyde Morris Blvd, Unit 302
Shailesh K. Patel, President Port Orange, FL 32129
Dredging & Marine Consultants, LLC 02/03/2026
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
1. This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part
3000. As such, the contractor is required to verify that none of the contractor’s principles
(defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded
(defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
2. The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 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 the City of Sebastian.
If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C
and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian,
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 CFR Part 180, subpart
C and 2 CFR Part 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.
________________________________________________________________
Authorized Signature Address
__________________________________________________________________
Printed Name & Title City, State, Zip Code
__________________________________________________________________
Company Date
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
ID: A8FD3B00-9667-4...
Digitally signed by
<spatel@dmces.com>
February 03, 2026 07:05 PM EST
4643 S. Clyde Morris Blvd., Unit 302
Shailesh K. Patel, President Port Orange, FL 32129
Dredging & Marine Consultants, LLC 02/03/2026
CONTRACTOR’S SAM.GOV PROFILE
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING
WITH SCRUTINIZED COMPANIES
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit have been placed on the Scrutinized
Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are
engaged in a boycott of Israel.
In addition, if this solicitation is for a contract for goods or services of one million dollars or more,
I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries,
majority-owned subsidiaries, parent companies, or affiliates of such entities or business
associations, that exists for the purpose of making profit are on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business
operations in Cuba or Syria as defined in said statute.
I understand and agree that the City may immediately terminate any contract resulting from this
solicitation upon written notice if the undersigned entity (or any of those related entities of
respondent as defined above by Florida law) are found to have submitted a false certification or
any of the following occur with respect to the company or a related entity: (i) it has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii)
for any contract for goods or services of one million dollars or more, it has been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business
operations in Cuba or Syria.
Authorized Signature
Printed Name & Title
Date
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
ID: A8FD3B00-9667-4...
Digitally signed by
<spatel@dmces.com>
February 03, 2026 07:05 PM EST
Shailesh K. Patel, President
02/03/2026
APPENDIX A, 44 C.F.R. PART 18 –
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000.00)
The undersigned certifies, to the best of his or her knowledge, that:
1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the
award documents for all subawa rds at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which relia nce was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure
The Contractor, ____________________________________________, certifies or affirms the
truthfulness and accuracy of each statement of its certi fication and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative
Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Authorized Signature
Printed Name & Title
Date
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Dredging & Marine Consultants, LLC
ID: A8FD3B00-9667-4...
Digitally signed by
<spatel@dmces.com>
February 03, 2026 07:05 PM EST
Shailesh K. Patel, President
02/03/2026
CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN
PROHIBITED AFFIDAVIT
The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form (“Form”)
is required by Section 287.138, Florida Statutes (“F.S.”), which is deemed a s being expressly
incorporated into this Form. The Affidavit must be completed by a person authorized to make this
attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote,
or other response or otherwise entering in to a contract with the City. The associated bid, proposal,
quote, or other response will not be accepted unless and until this completed and executed
Affidavit is submitted to the City.
________________________________ does not meet any of the criteria set forth in Paragraphs 2 (a) – (c)
(Bidder's/Proposer's Legal Company Name) of Section 287.138, FS.
Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing
statement and that the facts stated in it are true.
Print Name of Bidder's/Proposer's Authorized Representative: _________________________________
Title of Bidder's/Proposer's Authorized Representative: _________________________________
Signature of Bidder's/Proposer's Authorized Representative: _________________________________
Date: ________________________
Dredging & Marine Consultants, LLC
Shailesh K. Patel
ID: FA7082A4-22B6-4DF0-AD...
Digitally signed by <spatel@dmces.com>
January 22, 2026 11:35 AM EST
President/Managing Member
01/22/2026
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
HUMAN TRAFFICKING AFFIDAVIT
In compliance with Section 787.06(13), Florida Statutes, this affidavit must be completed by an
officer or representative of a nongovernmental entity that is executing, renewing, or extending a
contract with the City of Sebastian (the “Governmental Entity”).
The undersigned, on behalf of the entity listed below (the “Nongovernmental Entity”), hereby
swears or affirms as follows:
1. I am over eighteen (18) years of age. The following information is based on my own
personal knowledge.
2. I am an officer or representative of______________________________________, a
Nongovernmental entity, and I am authorized to provide this affidavit on behalf of the
Nongovernmental Entity.
3. Neither Nongovernmental Entity, nor any of its subsidiaries or affiliates, uses coerci on for
labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes,
as may be amended from time to time.
4. If, at any time in the future, Nongovernmental Entity does use coercion for labor or
services, Nongovernmental Entity will immediately notify Governmental Entity, and no
contracts may be executed, renewed, or extended between the parties.
5. Nongovernmental Entity has read the foregoing attestation, confirms that the facts stated
in it are true, and is made for the benefit o f, and reliance by, Governmental Entity.
6. This declaration is made pursuant to Section 92.525(1)(c), Florida Statutes. I understand
that making a false statement in this declaration may subject me to criminal penalties.
UNDER PENALTIES OF PERJURY, I DECL ARE THAT I HAVE READ THE FOREGOING
ANTIHUMAN TRAFFICKING AFFIDAVIT AND THAT THE FACTS STATED IN IT ARE TRUE.
FURTHER AFFIANT SAYETH NOT.
Company Name
Authorized Signature
Printed Name & Title Date
Dredging & Marine Consultants, LLC
Dredging & Marine Consultants, LLC.
ID: FA7082A4-22B6-4DF0-AD...
Digitally signed by <spatel@dmces.com>
January 22, 2026 11:35 AM EST
Shailesh K. Patel, President/Managing Member 01/22/2026
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Page 24 of 24
EXHIBIT “C”
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS (APPENDIX II TO 2 CFR PART 200)
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
(APPENDIX II TO 2 CFR PART 200)
All contracts made by a non-Federal entity under a Federal award must contain provisions covering the
following, as applicable. These provisions are required and apply under certain conditions when federal
funds are expended to make purchases from this sol icitation by the City or for any contracts resulting
from this procurement process.
1.1 TERMINATION FOR CAUSE AND CONVENIENCE
1.1.1. Remedies for violation or breach of contract: Remedies for violation or breach of contract
are addressed under General Terms and Conditions.
1.1.2. Termination for cause and convenience : Termination for cause and for convenience are
addressed under General Terms and Conditions.
1.2 EQUAL EMPLOYMENT OPPORTUNITY
1.2.1. Any contract that uses federal funds to pay for construction work is a “fede rally assisted
construction contract” and must include the equal opportunity clause found in 2 C.F.R.
Part 200, unless otherwise stated in 41 C.F.R. Part 60.7 .
1.2.2. The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or
exempted in 41 C.F.R. Part 60, the insertion of the following contract clause: “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, s ex,
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 consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(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, discu ssed,
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 o f 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 furthe rance 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 o f 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, recor ds, 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 o f 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 constru ction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or ord er 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 act ion 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 threat ened 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
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
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 ap plicant 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 o f future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate legal proceedings.”
1.3 DAVIS-BACON ACT
1.3.1. This statute requires that contractors must pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in the Secretary of Labor’s wage
determination. Additionally, contractors are required to pay wages at least once per wee k.
1.3.2. The Davis-Bacon Act only applies to the Emergency Management Performance Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program, Transit Security Grant
Program, Intercity Passenger Rail Program, and Rehabilitation of High Hazard Potential
Dams Program. Unless otherwise stated in a program’s authorizing statute, it does not
apply to other FEMA grant and cooperative agreement programs, including the PA
Program.
1.3.3. If the Davis-Bacon Act applies, a copy of the Department of Labor’s current prevailing
wage determination will be included in the solicitation. The contractor and subcontractors
accept the prevailing wage determination by submitting a proposal .
1.3.4. § 5.5 Contract provisions and related matters.
(a) Required contract clauses. The Agency head will cause or require the contracting
officer to require the contracting officer to insert in full, or (for contracts covered by the
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
Federal Acquisition Regulation (48 CFR chapter 1)) by reference, in any contract in
excess of $2,000 which is entered into for the actual construction, alteration and/or repair,
including painting and decorating, of a public building or public work, or building or work
financed in whole or in part from Federal funds or in accordance with guarantees of a
Federal agency or financed from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant or annual contribution (except where a different meaning is
expressly indicated), and which is subject to the labor standards provisions of any of the
laws referenced by § 5.1, the following clauses (or any modifications thereof to meet the
particular needs of the agency, Provided, That such modifications are first approved by
the Department of Labor):
(1) Minimum wages —
(i) Wage rates and fringe benefits. All laborers and mechanics employed or
working upon the site of the work (or otherwise working in construction or
development of the project under a development statute), 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 basic hourly 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. As provided in paragraphs (d) and (e) of this section, the
appropriate wage determinations are effective by operation of law even if they have
not been attached to the contract. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under the Davis -Bacon Act (40 U.S.C.
3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) 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 must be paid
the appropriate wage rate and fringe benefits on the wage determination for the
classification(s) of work actually performed, without regard to skill, except as
provided in paragraph (a)(4) of this section. 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
classifications and wage rates conformed under paragraph (a)(1)(iii) of this
section) and the Davis-Bacon poster (WH-1321) must 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.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(ii) Frequently recurring classifications.
(A) In addition to wage and fringe benefit rates that have been determined
to be prevailing under the procedures set forth in 29 CFR part 1, a wage
determination may contain, pursuant to § 1.3(f), wage and fringe benefit
rates for classifications of laborers and mechanics for which conformance
requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this
section, provided that:
(1) The work performed by the classification is not performed by a
classification in the wage determination for which a prevailin g wage
rate has been determined;
(2) The classification is used in the area by the construction industry;
and
(3) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the wage
determination.
(B) The Administrator will establish wage rates for such classifications in
accordance with paragraph (a)(1)(iii)(A)(3) of this section. Work performed
in such a classification must be paid at no less than the wage and fringe
benefit rate listed on the wage determination for such classification.
(iii) Conformance.
(A) The contracting officer must 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 be classified in
conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate 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 used 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.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(B) The conformance process may not be used to split, subdivide, or
otherwise avoid application of classifications listed in the wage
determination.
(C) 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 will be
sent by the contracting officer by email to DBAconformance@dol.gov. 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.
(D) In the event the contractor, the laborers or mechanics t o 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 will, by email to DBAconformance@dol.gov, 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.
(E) The contracting officer must promptly notify the contractor of the action
taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and
(D) of this section. The contractor must furnish a written copy of such
determination to each affected worker or it must be posted as a part of the
wage determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or (D) of this
section must 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.
(iv) Fringe benefits not expressed as an hourly rate. 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 may either
pay the benefit as stated in the wage determination or may pay another b ona fide
fringe benefit or an hourly cash equivalent thereof.
(v) Unfunded plans. 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
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
fringe benefits under a plan or program, Provided, That the Secretary of Labor has
found, upon the written request of the contractor, in accordance with the criteria
set forth in § 5.28, 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.
(vi) Interest. In the event of a failure to pay all or part of the wages required by the
contract, the contractor will be required to pay interest on any underpayment of
wages.
(2) Withholding —
(i) Withholding requirements. The [write in name of Federal agency or the
recipient of Federal assistance] may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or
cause to be withheld from the contractor so much of the accrued payments or
advances as may be considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in paragraph (a) of this section
for violations of this contract, or to satisfy any such liabilities required by any other
Federal contract, or federally assisted contract subject to Davis -Bacon labor
standards, that is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under this contract, any other
Federal contract with the same prime contractor, or any other federally assisted
contract that is subject to Davis-Bacon labor standards requirements and is held
by the same prime contractor, regardless of whether the other contract was
awarded or assisted by the same agency, and such funds may be used to satisfy
the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or
helper working on the site of the work (or otherwise working in construction or
development of the project under a development statute) all or part of the wages
required by the contract, or upon the contractor's failure to submit the required
records as discussed in paragraph (a)(3)(iv) of this section, the [Agency] may on
its own initiative and after written notice to the contractor, sponsor, applicant,
owner, or other entity, as the case may be, 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.
(ii) Priority to withheld funds. The Department has priority to funds withheld or
to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or
both, over claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond
sureties and payment bond sureties;
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both)
in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(3) Records and certified payrolls —
(i) Basic record requirements —
(A) Length of record retention. All regular payrolls and other basic records
must be maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and mechanics working at
the site of the work (or otherwise working in construction or development of
the project under a development statute) for a period of at least 3 years after
all the work on the prime contract is completed.
(B) Information required. Such records must contain the name; Social
Security number; last known address, telephone number, and email address
of each such worker; each worker's correct classification(s) of work actually
performed; hourly rates of wages paid (including rates of con tributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily
and weekly number of hours actually worked in total and on each covered
contract; deductions made; and actual wages paid.
(C) Additional records relating to fringe benefits. Whenever the
Secretary of Labor has found under paragraph (a)(1)(v) of this section 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 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor
must 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.
(D) Additional records relating to apprenticeship. Contractors with
apprentices working under approved programs must maintain written
evidence of the registration of apprenticeship programs, the registration of
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
the apprentices, and the ratios and wage rates prescribed in the applicable
programs.
(ii) Certified payroll requirements —
(A) Frequency and method of submission. The contractor or
subcontractor must submit weekly, for each week in which any DBA- or
Related Acts-covered work is performed, certified payrolls to the [write in
name of appropriate Federal agency] if the agency is a party to the contract,
but if the agency is not such a party, the contractor will submit the certified
payrolls to the applicant, sponsor, owner, or other entity, as the case may
be, that maintains such records, for transmission to th e [write in name of
agency]. The prime contractor is responsible for the submission of all
certified payrolls by all subcontractors. A contracting agency or prime
contractor may permit or require contractors to submit certified payrolls
through an electronic system, as long as the electronic system requires a
legally valid electronic signature; the system allows the contractor, the
contracting agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the prime contract
has been completed; and the contracting agency or prime contractor permits
other methods of submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(B) Information required. The certified payrolls submitted must set out
accurately and completely all of the information required to be maintained
under paragraph (a)(3)(i)(B) of this section, except that full Social Security
numbers and last known addresses, telephone numbers, and email
addresses must not be included on weekly transmittals. Instead, the certified
payrolls need only include an individually identifying number for each worker
(e.g., the last four digits of the worker's Social Security number). The
required weekly certified payroll information may be submitted using
Optional Form WH-347 or in any other format desired. Optional Form WH -
347 is available for this purpose from the Wage and Hour Division website
at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its
successor website. It is not a violation of this section for a prime contractor
to require a subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to the prime
contractor for its own records, without weekly submission by the
subcontractor to the sponsoring government agency (or the applicant,
sponsor, owner, or other entity, as the case may be, that maintains such
records).
(C) Statement of Compliance. Each certified payroll submitted must be
accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor, or the contractor's or subcontractor's agent who pays or
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
supervises the payment of the persons working on the contract, and must
certify the following:
(1) That the certified payroll for the payroll period con tains the
information required to be provided under paragraph (a)(3)(ii) of this
section, the appropriate information and basic records are being
maintained under paragraph (a)(3)(i) of this section, and such
information and records are correct and complete;
(2) That each laborer or mechanic (including each helper and
apprentice) working 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 29 CFR part 3; and
(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(s) of work actually performed, as specified in the
applicable wage determination incorporated into the contract.
(D) Use of Optional Form WH-347. The weekly submission of a properly
executed certification set forth on the reverse side of Optional Form WH -347
will satisfy the requirement for submission of the “Statement of Compliance”
required by paragraph (a)(3)(ii)(C) of this section.
(E) Signature. The signature by the contractor, subcontractor, or the
contractor's or subcontractor's agent must be an original handwritten
signature or a legally valid electronic signature.
(F) Falsification. The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal prosecution under
18 U.S.C. 1001 and 31 U.S.C. 3729.
(G) Length of certified payroll retention. The contractor or subcontractor
must preserve all certified payrolls during the course of the work and for a
period of 3 years after all the work on the prime contract is completed.
(iii) Contracts, subcontracts, and related documents. The contractor or
subcontractor must maintain this contract or subcontract and related documents
including, without limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve these contracts,
subcontracts, and related documents during the course of the work and for a period
of 3 years after all the work on the prime contract is completed.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(iv) Required disclosures and access —
(A) Required record disclosures and access to worke rs. The contractor
or subcontractor must make the records required under paragraphs (a)(3)(i)
through (iii) of this section, and any other documents that the [write the name
of the agency] or the Department of Labor deems necessary to determine
compliance with the labor standards provisions of any of the applicable
statutes referenced by § 5.1, available for inspection, copying, or
transcription by authorized representatives of the [write the name of the
agency] or the Department of Labor, and must permit such representati ves
to interview workers during working hours on the job.
(B) Sanctions for non-compliance with records and worker access
requirements. If the contractor or subcontractor fails to submit the required
records or to make them available, or refuses to permit worker interviews
during working hours on the job, the Federal agency may, after written notice
to the contractor, sponsor, applicant, owner, or other entity, as the case may
be, that maintains such records or that employs such workers, 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, or to permit worker
interviews during working hours on the job, may be grounds for debarment
action pursuant to § 5.12. In addition, any contractor or other person that
fails to submit the required records or make those records available to WHD
within the time WHD requests that the records be produced will be precluded
from introducing as evidence in an administrative proceeding under 29 CFR
part 6 any of the required records that were not provided or made available
to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for submission of records.
WHD will determine the reasonableness of the request and may consider,
among other things, the location of the records and the volume of production.
(C) Required information disclosures. Contractors and subcontractors
must maintain the full Social Security number and last known address,
telephone number, and email address of each covered worker, and must
provide them upon request to the [write in name of appropriate Federal
agency] if the agency is a party to the contract, or to the Wage and Hour
Division of the Department of Labor. If the Federal agency is not such a party
to the contract, the contractor, subcontractor, or both, must, upon request,
provide the full Social Security number and last known addre ss, telephone
number, and email address of each covered worker to the applicant,
sponsor, owner, or other entity, as the case may be, that maintains such
records, for transmission to the [write in name of agency], the contractor, or
the Wage and Hour Division of the Department of Labor for purposes of an
investigation or other compliance action.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(4) Apprentices and equal employment opportunity —
(i) Apprentices —
(A) Rate of pay. Apprentices will be permitted to work at less than the
predetermined rate for the work they perform 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 (OA), or with a State Apprenticeship
Agency recognized by the OA. A person who is not individually registered in
the program, but who has been certified by the OA or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as
an apprentice, will be permitted to work at less than the predetermined rate
for the work they perform in the first 90 days of probationary employment as
an apprentice in such a program. In the event the OA or a State
Apprenticeship Agency recognized by the OA withdraws a pproval of an
apprenticeship program, the contractor will no longer be permitted to use
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(B) Fringe benefits. Apprentices must 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 applicabl e
classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringe benefits must be
paid in accordance with that determination.
(C) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must not be greater
than the ratio permitted to the contractor as to the entire work force under
the registered program or the ratio applicable to the localit y of the project
pursuant to paragraph (a)(4)(i)(D) of this section. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph (a)(4)(i)(A) of this section, must 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 this
section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(D) Reciprocity of ratios and wage rates. Where a contractor is performing
construction on a project in a locality other than the locality in which its
program is registered, the ratios and wage rates (expressed in percentages
of the journeyworker's hourly rate) applicable within the locality in which the
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
construction is being performed must be observed. If there is no applicable
ratio or wage rate for the locality of the project, the ratio and wage rate
specified in the contractor's registered program must be observed.
(ii) Equal employment opportunity. The use of apprentices and journeyworkers
under this part must 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 must insert in any subcontracts the
clauses contained in paragraphs (a)(1) through (11) of this section, along with the
applicable wage determination(s) and such other clauses or contract modificatio ns as the
[write in the name of the Federal agency] may by appropriate instructions require, and a
clause requiring the subcontractors to include these clauses and wage determination(s)
in any lower tier subcontracts. The prime contractor is responsible fo r the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses in this section.
In the event of any violations of these clauses, the prime contractor and any
subcontractor(s) responsible will be liable for any unpaid wages and monetary relief,
including interest from the date of the underpayment or loss, due to any workers of lower -
tier subcontractors, and may be subject to debarment, as appropriate.
(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 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 40 U.S.C. 3144(b) or § 5.12(a).
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18
Crimes and Criminal Procedure, 18 U.S.C. 1001.
1.4 COMPLIANCE WITH THE COPELAND ‘ANTI-KICKBACK’ ACT
1.4.1. Compliance with the Copeland “Anti-Kickback” Act for all contracts subject to the Davis-
Bacon Act
1.4.2. 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.
1.4.3. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as the Federal awarding agency may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
1.4.4. 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 CFR §
5.12."
1.5 COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
1.5.1. This required contract provision applies to all procurements over $100,000 t hat involve
the employment of mechanics, laborers, and construction work.36 These requirements
do not apply to the purchase of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of int elligence.
1.5.2. For the required contract provision, the language from 29 C.F.R. § 5.5(b)(1)-(4) is
provided here for ease of reference:
(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 (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
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 (b)(1) of this section, in the sum
of $27 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 wage s
required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (insert name of grant
recipient or subrecipient) 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 otherfederal 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
(b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring
thesubcontractors to include these clauses in any lower tier subcontracts. The prime
contractorshall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.”
1.6 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
1.6.1. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
1.7 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
1.7.1. “Clean Air Act”
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. The
contractor agrees to report each violation to the (insert name of non -federal entity entering
into the contract) and understands and agrees that the (insert name of the non -federal
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
entity entering into the contract) will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency (FEMA), and the appropriate
Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.
1.7.2. “Federal Water Pollution Control Act”
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. The contractor agrees to report each violation to the (insert name of the non -
federal entity entering into the contract) and understands and agrees that the (inser t name
of the non-federal entity entering into the contract) will, in turn, report each violation as
required to assure notification to the (insert name of the pass -through entity, if applicable),
Federal Emergency Management Agency (FEMA), and the appropr iate Environmental
Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.”
1.8 DEBARMENT AND SUSPENSION:
1.8.1. The debarment and suspension clause is required for all contracts and subcontracts for
$25,000 or more, all contracts that require the consent of an official of a federal agency,
and all contracts for federally required audit services
1.8.2. This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part
3000. As such, the contractor is required to verify that none of the contractor’s 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).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000,
subpart C, and must include a requirement to comply with these regu lations in any lower
tier covered transaction it enters into. This certification is a material representation of fact
relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined
that the contractor did not comply with 2 C.F .R. Part 180, subpart C and 2 C.F.R. Part
3000, subpart C, in addition to remedies available to (insert name of
recipient/subrecipient/applicant), the federal government may pursue available remedies,
including but not limited to suspension and/or debarmen t. The bidder or proposer agrees
to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 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.”
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
1.9 BYRD ANTI-LOBBYING AMENDMENT:
1.9.1. The Byrd Anti-Lobbying Amendment clause and certification are required for contracts of
more than $100,000, and for subcontracts of more than $100,000.
1.9.2. “Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply
or bid for an award of more than $100,000 shall file the required certification. Each tier
certifies to the tier above that it will no t and has not used federally appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, officer or employee of Congress, or an
employee of a Member of Congress in connection with obtaining any federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the federal awarding agency.”
1.10 PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322):
1.10.1. 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 –
Competitively within a timeframe providing for compliance with the contract performance
schedule;
Meeting contract performance requirements; or
At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is available at
EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act.
1.11 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
EQUIPMENT OR SERVICES:
1.11.1. “Prohibition on Contracting for Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405 -143-1, Prohibitions on Expending FEMA Award Funds
for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal
Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive
agency on or after Aug.13, 2020, from obligating or expending grant, cooperative
agreement, loan, or loan guarantee funds on certain telecommunications products or from
certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds
from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment,
system, or
service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system;
(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other
contractual
instrument, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as par t 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.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
(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 cons idered
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 tec hnology 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 s ubrecipient, 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 equip ment 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.”
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
1.12 DOMESTIC PREFERENCES FOR PROCUREMENTS:
1.12.1. As appropriate, and to the extent consistent with law, the contractor should, to the
greatest extent practicable, provide a preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States. This includes, but is not
limited to iron, aluminum, steel, cement, and other manufactured products.
1.12.2. 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.
1.13 MINORITY BUSINESSES AND WOMEN’S BUSINESSES
1.13.1. As required by CFR Title 2, §200.321 (b)(6), Contractor must take the following
affirmative steps in the hiring of any subcontractors: i) Placing qualified small and
minority businesses and women's business enterprises on solicitation lists. ii) Ass uring
that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources. iii) Dividing total requirements, when economically
feasible, into smaller tasks or quantities to permit maximum participation by small and
minority businesses, and women's business enterprises. iv) Establishing delivery
schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's enterprises; and v) Using the services and
assistance, as appropriate, of such organizations as the Small Business Administration
and the Minority Business Development Agency of the Department of Commerce
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
CONTRACT PROVISIONS FOR NON‐FEDERAL ENTITY CONTRACTS UNDER FEDERAL
AWARDS (FEDERAL PROGRAM REQUIREMENTS ‐ FEMA)
In addition to the contract provisions required under Appendix II to 2 CFR, Part 200, the following
provisions are required by the Federal Emergency Management Agency (“F EMA”) when federal funds
are expended to make purchases from this solicitation by the City or for any contracts resulting from
this procurement process.
1.1 ACCESS TO RECORDS (34 CFR 80.36 (i)(10)): All vendors, contractors and subcontractors shall give
access to the City of Sebastian, the appropriate Federal agency, the Comptroller General of the United
States, or any of their duly authorized representative to any books, documents, papers, and records of
the vendor which is directly pertinent to this spe cific Bid for the purpose of making audit, examination,
excerpts, and transcriptions.
a. To the extent Contractor maintains information that is subject to a public record request, it shall
provide the public access to such records in accordance with, and su bject to the applicable
statutory terms and fees. Failure to do so will be considered a material breach of the original
Agreement, resulting in immediate termination with no penalty to the City of Sebastian, and the
Contractor will indemnify and hold the City of Sebastian harmless for any and all damages and
expenses suffered as a result of the material breach and contract termination.
2.1 DHS SEAL, LOGO, AND FLAGS: The Contractor shall not use the Department of Homeland Security
(“DHS”) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without
specific FEMA preapproval.
3.1 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS: This is an
acknowledgment that FEMA financial assistance will be used to fund the contract only. The Contractor
will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures,
and directives.
4.1 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.
5.1 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The
Contractor acknowledges the 31 U.S.C. Cha p. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor’s actions pertaining to this contract.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051
Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231
(Rev. 8/2025)
ADDITIONAL FEDERAL CLAUSES
1. 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.
2. ACCESS TO RECORDS
2.1. The following access to records requirements apply to this contract:
2.1.1. The contractor agrees to provide City of Sebastian, the Federal awarding agency Administrator,
the Comptroller General of the United States, or any of their authorized representatives access
to any books, documents, papers, andrecords of the Contractor whi ch are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and transcriptions.
2.1.2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcript ions as reasonably needed.
2.1.3. The contractor agrees to provide the Federal awarding agency Administrator or his authorized
representatives’ access to construction or other work sites pertaining to the work being
completed under the contract.
2.1.4. In compliance with the Disaster Recovery Act of 2018, the City of Sebastian and the Contractor
acknowledge and agree that no language in this contract is intended to prohibit audits or internal
reviews by the Federal awarding agency Administrator or the Comptroller General of the
United States.
Document ID: 19CDAC0F3AD63B8AD0CC05F1595CB051