City of Dade City Beauchamp Ave Drainage Improvements CDBG Contract #: 17DB-OL N19 City Project #: 1603ST

Transcription

1 CONTRACT DOCUMENTS For City of Dade City Beauchamp Ave Drainage Improvements CDBG Contract #: 17DB-OL N19 City Project #: 1603ST Located in the City of Dade City (Pasco County), Florida Client: City of Dade City Meridian Ave P.O. Box 1355 Dade City, Florida (352) Project Engineer: Amec Foster Wheeler Environment & Infrastructure, Inc East Edgewood Drive, Suite 215 Lakeland, FL (863) Civil Engineer of Record- Timothy Kelly Structural Engineer of Record- Jonathan Williams, Grindley Williams Engineering 116 South Tennessee Avenue, Suite 201, Lakeland, FL 33801

2 TABLE OF CONTENTS TO CONTRACT DOCUMENTS SECTION FOR Beauchamp Ave Drainage Improvements DESCRIPTION 1.0 Advertisement to Bid 2.0 Information for Bidders 3.0 Bid Proposal/Tender Form & Addenda Receipt 4.0 Plans & Specifications 5.0 Agreement 6.0 General Conditions 7.0 Supplemental Conditions 8.0 Bonding & Insurance Requirements 9.0 Bid Bond 10.0 Payment Bond 11.0 Performance Bond 12.0 Certification by Bidder 13.0 Certification of Bidder Regarding Section 3 & Segregated Facilities 14.0 Bidder Section 3 Plan Format 15.0 Table A 16.0 Table B 17.0 Certification by Proposed Subcontractor Regarding Equal Employment Opportunity 18.0 Certification by Proposed Subcontractor Regarding Section 3 & Segregated Facilities 19.0 Contractor Certification Labor & Wage 20.0 Wage Decision 21.0 M/WBE Contractors/Subcontractors of Pasco, Hillsborough, Hernando, Pinellas, Polk and Sumter Counties 22.0 Certification as to Corporate Principal 23.0 Certificate of Owner s Attorney 24.0 Notice of Award 25.0 Change Order Form City of Dade City Department of Engineering Meridian Ave Dade City, FL 33525

3 Invitation to Bid The City of Dade City Owner Meridian Ave Dade City, FL Address CDBG Grant #17DB OL N19 / City Project #1603ST Project Sealed bids for the construction of: Beauchamp Ave Drainage Improvements project including asphalt paving, concrete sidewalk, excavation, fencing, sodding, boardwalk, landscape wall; limited storm and sanitary structure and pipe installation and other improvements shown within the contract documents will be received by the Building Department at City Hall, Meridian Ave, Dade City, FL until 2:00 o clock p.m., Tuesday, April 10, 2018, and then publicly opened and read aloud at the City Commission Chambers located at Meridian Ave, Dade City, FL Proposals shall be designated as Sealed Bid City of Dade City: CDBG FY 2015 Beauchamp Ave Drainage Improvements. Sealed bids will be publicly opened and read aloud in Commission Chambers, Meridian Ave, Dade City, Florida at 2:00 p.m. or as soon as possible thereafter. There will be a MANDATORY pre bid meeting Thursday, March 29, 2018 at 2:00 pm in the City Commission Chambers located at Meridian Ave, Dade City, FL This project is financed by State of Florida Department of Economic Opportunity utilizing Community Development Block Grant (CDBG) Funding. All proposals shall be submitted in triplicate and with one electronic copy. In addition to the requirements of the City of Dade City, bidders shall conform to the requirements of the CDBG documents contained in the bidding and contract documents including the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the Contract, Section 3, Segregated Facilities, Section 109 Executive Order 11246, and all applicable laws and regulations of the Federal government and State of Florida, and bonding and insurance requirements. IN PARTICULAR, BIDDERS SHOULD NOTE THE REQUIRED DOCUMENTS, FORMS AND/OR CERTIFICATIONS TO BE EXECUTED AND SUBMITTED WITH THE FORM OF BID PROPOSAL. The City of Dade City is an Equal Opportunity Employer and reserves the right to waive any informalities or to reject any or all bids. Contract Documents may be examined by appointment at the following location: City of Dade City, Engineering Department located at Meridian Ave, Dade City, FL The contract documents may be downloaded from the City s website or ed at no cost; file size may restrict capability. Electronic copies on CD may be requested and purchased for the amount of $20.00 per copy, nonrefundable. Inquiries should be e mailed to hwashburn@dadecityfl.com or by phone ext Publish March 2, 2018

4 INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids City of Dade City (herein called the "City "), invites bids on the form attached hereto, all blanks of which must be appropriately completed. Bids will be received by the City at the Building Department at Meridian Ave until 2:00 p.m. on Tuesday, April 10, 2018, and then publicly opened and read aloud in Commission Chambers. The envelopes containing the bids must be sealed, addressed to City of Dade City: CDBG Beauchamp Ave Drainage Improvements Project, City of Dade City, Meridian Ave, Dade City, Florida and designated as a Sealed Bid. The City may consider informal any bid not prepared and submitted in accordance with the provisions thereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 30 days after the actual date of the opening thereof. 2. Preparation of Bid Each bid must be submitted on the prescribed form and accompanied by a Certification by Bidder Regarding Equal Employment Opportunity, Certification by Bidder (Contractor) concerning Labor Standards and Prevailing Wage Requirements, and Certification of Bidder regarding Section 3 and Segregated Facilities. All blank spaces for bid prices must be completed in ink or typewritten, in both words and figures, and the foregoing certifications must be fully completed and executed when submitted. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts The bidder is specifically advised that any person, or other party to whom it is proposed to award a subcontract under this contract: a. Must be acceptable to the owner after verification by the Department of Economic Opportunity of the current eligibility status; and b. Must submit a Certification by Proposed Subcontractor Regarding Equal Employment Opportunity; Certification by Proposed Subcontractor Concerning Labor Standards and Prevailing Wage Requirements; and Certification of Proposed Subcontractor Regarding Section 3 and Segregated Facilities. Approval of the Proposed subcontract award cannot be given by the City unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subject.

5 4. Method of Bidding Sealed bids, in triplicate, must be submitted on the Bid Tender form. All required documents must be submitted to be considered. 5. Qualifications of Bidder The City may make such investigations as necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 6. Bid Security Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the City, in the amount of 5% of the bid. Cash, checks and bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids. The remaining cash checks or bid bonds will be returned promptly after the City and the accepted bidder have executed the contract, or, if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as notification of the acceptance of the bid has not taken place. 7. Liquidated Damages for Failure to Enter into Contract The successful bidder, upon failure or refusal to execute and deliver the contract and bonds required within 10 days after receipt of notice of the acceptance of the bid, shall forfeit to the City, as liquidated damages for such failure or refusal, the security deposited with the bid. 8. Time of Completion and Liquidated Damages Bidder must agree to commence work on date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within 235 consecutive calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $ for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 9. Conditions of Work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of this contract. Insofar as possible the contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

6 10. Addenda and Interpretations No interpretation of the meaning of the plans, specification or other pre bid documents will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to Joe DeBono at AND Heather Washburn at and, to be given consideration, must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be posted on the City s website < not later than 72 hours prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under the bid as submitted. All addenda so issued shall become part of the contract documents. 11. Security for Faithful Performance Simultaneously, with delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond and bonds shall be a duly authorized surety company satisfactory to the City. 12. Power of Attorney Attorneys in fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

7 BID TENDER FORM TO THE OWNER: PROJECT: DATE: City of Dade City Meridian Ave Dade City, FL Beauchamp Ave Drainage Improvements LADIES and GENTLEMEN: The undersigned Bidder, having carefully examined the premises and conditions affecting the work and having carefully examined the Instructions to Bidders, the Form of Agreement, and the Contract Documents for the project: as prepared by: City of Dade City does hereby propose to furnish all labor, materials, equipment, and services for the proper execution and completion of the work called for and described by said documents for the following unit(s) of work: Base Bid: Asphalt paving, concrete sidewalk, excavation, fencing, sodding, boardwalk, landscape wall. Limited storm and sanitary structure and pipe installation and other improvements shown within the contract documents. Line items: Estimated Unit Amount Item Item Description Quantity Units Price ($) ($) 1 Mobilization 1 LS 2 Maintenance of Traffic 1 LS 3 Sediment Barrier 2011 LF 4 Floating Turbidity Barrier 1493 LF 5 Soil Tracking Prevention Device 1 EA 6 Clear & Grub 1 LS 7 Regular Excavation 1 LS 8 Subsoil Excavation 1 LS 9 Type B Stabilization 339 SY 10 Optional Base Group 6 (8" Limerock, LBR 100) 333 SY 11 Superpave Asphaltic Concrete (Traffic A) 28 TN 12 Inlet, Ditch Btm, Type C, <10' 4 EA 13 Pipe Culvert (Opt. Mat'l) (Round 15")(Class III RCP) 42 LF 14 Pipe Culvert (Opt. Mat'l) (Round 18")(Class III RCP) 88 LF 15 Pipe Culvert (Opt. Mat'l) (Round 36")(Class III RCP) 8 LF 16 Pipe Culvert (Opt. Mat'l) (Round 48")(Class III RCP) 4 LF Beauchamp Ave Drainage Improvements, CDBG Project #17DB-OL N19, City Project #1603ST

8 17 Flared End Section, 36" 1 EA 18 Flared End Section, 48" 1 EA 19 Mitered End Section, Optional RD, 15" CD 1 EA 20 Mitered End Section, Optional RD, 18" CD 2 EA 21 Concrete Curb Ribbon (8") 95 LF 22 Concrete Sidewalk (4" Thick) 1400 SY 23 Concrete Driveway (6" Thick) 60 SY 24 Bedding Stone (w/ Filter Fabric) 10 CY 25 Fencing, Type B, ', w/ Vinyl Coat & Slats 98.0 LF 26 Fencing, Type B, ', w/black Vinyl Coat LF 27 Fence Gate, Type B, DBL, ' Open; Vinyl Coat & Slats 1 EA 28 Segmented Retaining Wall (Landscape Block Wall) SF 29 Performance Turf: Hydroseed 1666 SY 30 Performance Turf: Sod (Bahia) 9438 SY 31 Tree Protection Barriers 640 LF 32 Single Post Sign, F&I GM, <12 SF 8 EA 33 Thermoplastic, Std, White, Solid, 12" 137 LF 34 Bench (F&I) 3 EA 35 Boardwalk - (Complete, F&I) 1 LS 36 12" Ductile Iron Pipe (Sewer) 358 LF 37 Utility Pipe, Remove & Dispose, " 350 LF 38 Utility Manhole Structure, Below Ground, Install 2 EA 39 Utility Manhole Structure, Below Ground, Adjust/Modify 2 EA 40 Fusible PVC (C-900 6" DR18) Complete w/valves/valve Boxes 535 LF TOTAL COST ($ ). TIME: The undersigned Bidder agrees to commence the work under his contract upon receipt of a Notice to Proceed from the Owner to achieve substantial completion of the work within 190 calendar days. Failure of the Bidder to achieve substantial completion within the time specified will constitute violation of the terms of the contract and will result in an assessment of $ per day liquidated damages by the Owner. The undersigned Bidder agrees that: The proposal shall remain in force and effect for a period of two hundred thirty five calendar days from the time of this proposal and that the Bidder will not revoke, cancel, or withdraw this proposal within the said two hundred thirty five calendar days. Beauchamp Ave Drainage Improvements, CDBG Project #17DB-OL N19, City Project #1603ST

9 In the event this proposal is accepted by the Owner, the parties will enter into a formal written agreement with the Owner in accordance with the accepted bid within 45 calendar days after said Contract Performance and Payment Bond with good and sufficient sureties satisfactory to the Owner, in the amount of one hundred percent of the accepted bid, the form and terms of which shall fully comply with Section , Florida Statutes. Contractor shall begin work upon issuance of the Notice to Proceed. Acknowledgment is hereby made of receipt of the following Addenda issued during the bidding period: Addendum No. Addendum No. Addendum No. Addendum No. Dated: Dated: Dated: Dated: IN WITNESS WHEREOF, the Bidder has hereunto set his signature and affixed his seal this day of, A.D. 20 _. I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. Firm Name: (Type or Print) Address: City: State: Zip: Phone:( ) Names and title of officer or other individual executing proposal: Signature: Name: Title: (Type or Print) (Type or Print) Beauchamp Ave Drainage Improvements, CDBG Project #17DB-OL N19, City Project #1603ST

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21 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between Owner and Contractor hereby agree as follows: City of Dade City ( Owner ), a municipal corporation of the State of Florida, and ( Contractor ), a Florida corporation. ARTICLE 1 WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project shall connect two existing stormwater retention ponds via excavation and shall excavate an adjacent city owned lot creating a single enlarged drainage pond. Existing fence shall be removed where specified. Beauchamp Avenue shall become a dead end street with paved access to the existing lift station provided. An existing sanitary sewer line will be realigned and suspended from a proposed boardwalk and an existing sanitary sewer manhole shall be raised. A concrete trail shall be constructed around the perimeter of the pond. Shallow landscape wall and benches shall be placed around the pond perimeter at select locations. Drainage structures and pipe shall be added. Fencing and improvements to the land surface shall be made around the existing sanitary lift station and pond area. An emergency pond overflow system shall be constructed. Signage, handicap curb ramps and traffic striping shall be installed. ARTICLE 2 THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Removal of existing paved road, clearing and grubbing and fence removal; earthwork; storm structure and pipe installation; short landscape wall installation; asphalt pavement construction; signage, curb ramps and traffic striping installation; sanitary sewer line realignment with sanitary structure modification/construction; emergency pond discharge line construction via directional bore; chain link fence installation; park bench installation; boardwalk construction; and other associated and ancillary work. ARTICLE 3 ENGINEER 3.01 The Project has been designed by Amec Foster Wheeler, who is to act as the Project Engineer for the project. The Project Engineer shall assume all duties and responsibilities, and have the rights and authority assigned to Project Engineer in the

22 Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before 190 calendar days after the date when the Contract Times commence to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 CONTRACT PRICE Estimated Unit Amount Pay Item Item Description Quantity Units Price ($) ($) 1 Mobilization 1 LS 2 Maintenance of Traffic 1 LS 3 Sediment Barrier 2011 LF 4 Floating Turbidity Barrier 1493 LF

23 5 Soil Tracking Prevention Device 1 EA 6 Clear & Grub 1 LS 7 Regular Excavation 1 LS 8 Subsoil Excavation 1 LS 9 Type B Stabilization 339 SY 10 Optional Base Group 6 (8" Limerock, LBR 100) 333 SY 11 Superpave Asphaltic Concrete (Traffic A) 28 TN 12 Inlet, Ditch Btm, Type C, <10' 4 EA 13 Pipe Culvert (Opt. Matl) (Round 15")(Class III RCP) 42 LF 14 Pipe Culvert (Opt. Matl) (Round 18")(Class III RCP) 88 LF 15 Pipe Culvert (Opt. Matl) (Round 36")(Class III RCP) 8 LF 16 Pipe Culvert (Opt. Matl) (Round 48")(Class III RCP) 4 LF 17 Flared End Section, 36" 1 EA 18 Flared End Section, 48" 1 EA 19 Mitered End Section, Optional RD, 15" CD 1 EA 20 Mitered End Section, Optional RD, 18" CD 2 EA 21 Concrete Curb Ribbon (8") 95 LF 22 Concrete Sidewalk (4" Thick) 1400 SY 23 Concrete Driveway (6" Thick) 60 SY 24 Bedding Stone (w/ Filter Fabric) 10 CY 25 Fencing, Type B, ', w/ Vinyl Coat & Slats 98.0 LF 26 Fencing, Type B, ', w/black Vinyl Coat LF 27 Fence Gate, Type B, DBL, ' Open; Vinyl Coat & Slats 1 EA 28 Segmented Retaining Wall (Landscape Block Wall) SF 29 Performance Turf: Hydroseed 1666 SY 30 Performance Turf: Sod (Bahia) 9438 SY 31 Tree Protection Barriers 640 LF 32 Single Post Sign, F&I GM, <12 SF 8 EA 33 Thermoplastic, Std, White, Solid, 12" 137 LF 34 Bench (F&I) 3 EA 35 Boardwalk - (Complete, F&I) 1 LS 36 12" Ductile Iron Pipe (Sewer) 358 LF 37 Utility Pipe, Remove & Dispose, " 350 LF 38 Utility Manhole Structure, Below Ground, Install 2 EA 39 Utility Manhole Structure, Below Ground, Adjust/Modify 2 EA 40 Fusible PVC (C-900 6" DR18) Complete w/valves/valve Boxes 535 LF Total in Numbers $ The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in the General Conditions for all

24 Work, at the prices stated in Contractor s Bid, attached hereto and incorporated herein. PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments 5.02 Final Payment ARTICLE 6 INTEREST Contractor shall submit Applications for Payment in accordance with the General Conditions attached hereto and made a part hereof. Applications for Payment will be processed by Engineer as provided in the General Conditions. Upon final completion and acceptance of the Work in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer upon submittal by Contractor of appropriate information and documentation All moneys not paid when due as provided in the General Conditions shall bear interest at the rate of five percent (5%) per annum. ARTICLE 7 CONTRACTOR S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor s safety precautions and programs.

25 E. Based on the information and observations referred to in Paragraph 7.01.D above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1.0 Advertisement to Bid 2.0 Information for Bidders 3.0 Bid Proposal/Tender Form & Addenda Receipt 4.0 Plans & Specifications 5.0 Agreement 6.0 General Conditions 7.0 Supplemental Conditions 8.0 Bonding & Insurance Requirements 9.0 Bid Bond 10.0 Payment Bond 11.0 Performance Bond 12.0 Certification by Bidder 13.0 Certification of Bidder Regarding Section 3 & Segregated Facilities 14.0 Bidder Section 3 Plan Format 15.0 Table A 16.0 Table B 17.0 Certification by Proposed Subcontractor Regarding Equal Employment Opportunity 18.0 Certification by Proposed Subcontractor Regarding Section 3 & Segregated Facilities 19.0 Contractor Certification Labor & Wage 20.0 Wage Decision 21.0 M/WBE Contractors/Subcontractors of Pasco, Hillsborough, Hernando, Pinellas, Polk and Sumter Counties 22.0 Certification as to Corporate Principal 23.0 Certificate of Owner s Attorney

26 24.0 Notice of Award 25.0 Change Order Form B. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 9 MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents Successors and Assigns 9.04 Severability A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Contractor s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 9.05:

27 1. Corrupt practice means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non competitive levels; and 4. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on Agreement). OWNER: City of Dade City By: Title: Attest Title: Angelia Guy, City Clerk Address for giving notices: Meridian Avenue Dade City, Florida (which is the Effective Date of the CONTRACTOR By: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: License No.: (Where applicable)

28 CONDITIONS OF THE CONTRACT A. GENERAL CONDITIONS ARTICLE 1 CONTRACT DOCUMENTS Except for Titles, Subtitles, Headings, Running Headings, Table of Contents, and Indices (all of which are printed herein merely for convenience), the following, except for such portions that may be specifically excluded, constitute the Contract Documents: A. The Contract Documents consist of the following: 1.0 Advertisement to Bid 2.0 Information for Bidders 3.0 Bid Proposal/Tender Form & Addenda Receipt 4.0 Plans & Specifications 5.0 Agreement 6.0 General Conditions 7.0 Supplemental Conditions 8.0 Bonding & Insurance Requirements 9.0 Bid Bond 10.0 Payment Bond 11.0 Performance Bond 12.0 Certification by Bidder 13.0 Certification of Bidder Regarding Section 3 & Segregated Facilities 14.0 Bidder Section 3 Plan Format 15.0 Table A 16.0 Table B 17.0 Certification by Proposed Subcontractor Regarding Equal Employment Opportunity 18.0 Certification by Proposed Subcontractor Regarding Section 3 & Segregated Facilities 19.0 Contractor Certification Labor & Wage 20.0 Wage Decision 21.0 M/WBE Contractors/Subcontractors of Pasco, Hillsborough, & Hernando County 22.0 Certification as to Corporate Principal 23.0 Certificate of Owner s Attorney 24.0 Notice of Award 25.0 Change Order Form ARTICLE 2 DEFINITIONS 2.1 The following words and expressions shall, wherever they appear in the Contract Documents be construed as follows Addenda. Written or graphic instruments issued prior to the opening of Bids that clarify, correct, or change the Contract Documents.

29 2.1.2 Agreement. The principal written agreement between the City and the Contractor that, along with other Contract Documents, sets forth the respective rights and obligations of the parties. The Agreement will be attached to and made a part of these Contract Documents as Part IV thereof Allowance Authorization Release (AAR). The written pre approval of the City Manager or his designee for Allowance Work Allowance Work. That additional or revised work described in Article 21 of this Part II of the Contract Documents Application for Payment. The formal written request of a Contractor for a progress or final payment, which is to include such supporting documentation as may be required by the Contract Documents and which is to be submitted on the most recent City approved form Bid Proposal. The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed Bidder. Any natural person, partnership, corporation, limited liability company, or any other legal entity submitting a Bid Proposal for the Work Bonds. Bid, Performance, Payment, Warranty Bonds, and other instruments of security furnished by the Contractor and the Surety for the Contractor in accordance with the Contract Documents Change Order (CHOR). A written order signed by the Mayor, upon approval by a majority of the City Commission, authorizing an addition, deletion or revision in the Work or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement City. The City of Dade City, Florida City or Project Engineer. The City or Project Engineer, acting directly or through duly authorized representatives, which representatives are acting exclusively within the scope of the duties and authority assigned to them City Manager. The City Manager of Dade City, Florida, acting directly or through duly authorized representatives, which representatives are acting exclusively within the scope of the duties and authority assigned to them City Purchasing Director. The City Manager acting directly or through duly authorized representatives, which representatives are acting exclusively within the scope of the duties and authority assigned to them Commission. The City Commission of the City of Dade City, Florida.

30 Contract Documents. The Agreement between the parties and all other documents delineated in Article I of this Part II of the Contract Documents Contractor. The successful bidder, whether a natural person, partnership, corporation, limited company, or any other legal entity or combination thereof, with whom the Commission has entered into the Agreement Contract Price. The total monies payable by the City to the Contractor under the Contract Documents Contract Time. The number of calendar days stated in the Agreement for Completion of the Work and for performance of any Allowance Work hereunder, as amended by one or more approved Change Orders. The first day of the Contract Time shall be the date the Mayor executes the Agreement (Part IV) on behalf of the City Cost of Work. With respect to Change Orders, the costs necessarily incurred and paid by the Contractor in the proper performance of the change order work, as delimited and restricted by Article 15 of this Part II of the Contract Documents Day. One calendar day when used in the Contract Documents, measured from midnight to the next midnight, unless specified as a business day, in which case the term shall exclude Saturdays, Sundays, and holidays for which City offices are closed for business during any given calendar year Defective. An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, deficient or otherwise does not conform to the Contract Documents Department. Except as otherwise modified, a term that refers to the Branch, Division, Department or Office within the City that is administering the Project Design Engineer. The Engineer who the City of Dade City Department of Engineering contracted with that has performed the design for the project or portion thereof Director. Except as otherwise modified, a term that refers to the Administrator or Director of the Branch, Division, Department or Office initiating and managing the Project or the authorized designee thereof Draft Payment Request. The draft of an Application for Payment, utilizing the most current City approved Application for Payment form and designated by the word DRAFT in the topright corner of each page thereof, submitted by a Contractor to the City or Project Engineer in advance of, and as a condition precedent to, the submission by the Contractor of the Application for Payment, for the purpose of identifying and resolving possible errors which could cause any or all amounts of the Application for Payment to be rejected as disputed pursuant to the Florida Prompt Payment Act, Section , Florida Statutes.

31 Drawings. The drawings that show the character and scope of the Work to be performed and which have been prepared or approved by the Design Engineer Equal/Equivalent. A product, service, component or system that is demonstrated to the satisfaction of the City or Project Engineer to be equal to the product service, component or system specified. The City or Project Engineer shall be the sole judge of acceptability of a proposed Equal/Equivalent Field Order (FO). A written direction to the Contractor from the Design Engineer that modifies Drawings and Specifications without changing Contract Price or Contract Time Final Acceptance. The acceptance of the Work by City as evidenced by the signature of the City or Project Engineer and the City Manager upon the Certificate of Final Completion form. Final Acceptance shall be deemed to have taken place only if and when such signature is affixed to such certificate. The Certificate of Final Completion shall be signed only after the City or Project Engineer and the City Manager have assurance by tests, inspection, or otherwise that all of the provisions of the Contract Documents have been carried out. Final Acceptance may also require inspection by certain regulatory agencies Final Total Bid Price. The ultimate bid price to be used by the City in its determination of the lowest and best Bid Proposal, which shall be calculated by the City based on the Total Bid Price submitted by a bidder and which may include the addition or deletion of Alternates included in the Alternate Bid Schedule submitted by the bidder in the Bid Proposal, as well as any allowances established and approved by the City. Upon acceptance and award of the bid, the Final Total Bid Price shall form the basis for the initial Contract Price Final Completion. The status of completion of the Work such that, in the opinion of the City or Project Engineer and the City Manager, as evidenced by a definitive and duly executed Certificate of Final Completion, all Work has been completed in accordance with the General Documents, and there remain no outstanding and unfinished Punch List items Non conformance Report (NR). A written notice from the City or Project Engineer to the Contractor reporting on an aspect of defective work that requires the immediate correction of the same by the Contractor Notice. Any notice required or permitted by the Contract Documents. Said Notice shall be in written form. Notice shall be served upon the Contractor at the place of business given in the Contract Documents. Notice to the City shall be served at the place of business given in the Contract Documents Notice of Suspension. The written notice issued to the Contractor by the City or Project Engineer, to suspend the Work pursuant to paragraph 16.1 of Article 16 of this Part II of the Contract Documents.

32 Notice of Termination. The written notice issued to the Contractor by the City or Project Engineer to terminate the Work for reasons other than the convenience of the City, pursuant to paragraph 16.2 of Article 16 of this Part II of the Contract Documents Notice of Termination of Convenience. The written notice issued to the Contractor by the City or Project Engineer, to terminate the Work for the convenience of the City pursuant to paragraph of Article 16 of this Part II of the Contract Documents Pay Quantity. When applicable, the estimated quantity multiplied by the unit price for each pay item specified in the Bid Proposal (Part III) Project. The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents Project Manager (PM). The City or Project Engineer will manage and administer the Project that is the subject of the Contract Documents. The Project Manager may designate in writing a Project Representative to perform certain duties and responsibilities as maybe set forth in the Special Conditions Punch List. A detailed list of work remaining after Substantial Completion prepared or approved by the City or Project Engineer that the Contractor must complete to achieve Final Completion and a prerequisite to Final Acceptance Schedule. A plan for performing work or achieving an objective Schedule of Values. A statement furnished by the Contractor to the City reflecting the portions of the contract sum allotted for the various parts of the work and used as the basis for reviewing the applications of the Contractor for progress payments Site. The area(s) on which the operations of the Contractor are carried out and such other adjacent areas that may be designated as such by the Contract Documents Specifications. Those portions of the Contract Documents consisting of written (general or detailed) technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto Subcontractor. Any natural person, partnership, corporation, limited liability company, or other legal entity or combination thereof, other than employees of the Contractor, who contract with the Contractor to furnish labor, materials, and/or equipment for the Work Submittals. All drawings, diagrams, illustrations, schedules, samples, test results, and other data which are specifically prepared by a Contractor, Subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the Work and all such illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information submitted by Contractor to illustrate material or equipment for some portion of the Work.

33 Substantial Completion. The status of completion of the Work which, in the opinion of the City or Project Engineer as evidenced by a definitive Certificate of Substantial Completion, is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it was intended Substitution. A product, service, component or system that is not equal to that delineated in the Specifications, but which is proposed by the Contractor in lieu thereof. The acceptability of a Substitution shall be based on the data submitted and the benefit of the City, including, but not limited to, appropriate adjustments in price. The City or Project Engineer shall have discretion and final approval with respect to any proposed substitutions, and shall be the sole judge of acceptability of any Substitution Supplemental Drawings. The drawings issued after the execution of the Agreement to explain further, to illustrate, or to show changes in the Work Surety. Any business entity that executes, as Surety, the Bid Performance, Payment or Warranty Bonds submitted by or on behalf of a Contractor Total Bid Price. The total price for which a bidder proposes to complete the Work, as submitted by a bidder in a Bid Proposal to the City, based on the Bid Schedule included with the Bid Proposal, but exclusive of adjustments by the City for Alternates listed in the Alternative Bid Schedule included in the Bid Proposal, and exclusive of any Allowances by the City Work. The work to be performed under this Agreement shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles, and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work or other operations required for the fulfillment of the Agreement in strict accordance with the specifications, schedules, drawings and other Contract Documents as herein defined, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Design Engineer from time to time during construction in explanation of said Contract Documents. The Work shall be complete and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished and installed by the Contractor as though originally so specified or shown, at no increase in cost to the City. ARTICLE 3 PRELIMINARY MATTERS 3.1 Delivery of Bonds and Other Documents. When the Bidder delivers the executed Agreement to the City, Payment and Performance Bonds shall be delivered as may be required in accordance with these Contract Documents. A Warranty Bond on the completed Work, to ensure that the Warranty obligations of the Contractor will be fulfilled, shall be delivered to the City in accordance with these Contract Documents as a prerequisite to the issuance of a Certificate of Substantial Completion, unless such coverage has otherwise been provided under the express terms of a Performance Bond. UNLESS THE CITY OR PROJECT ENGINEER OR PURCHASING DIRECTOR HAS

34 GRANTED AN EXTENSION OF TIME TO THE CONTRACTOR, THE FAILURE OF THE CONTRACTOR TO SUBMIT BONDS OR ANY OTHER DOCUMENTATION REQUIRED BY THESE CONTRACT DOCUMENTS TO THE CITY IN A TIMELY MANNER SHALL CONSTITUTE GROUNDS FOR THE TERMINATION BY THE CITY OF THE AGREEMENT FOR CAUSE. 3.2 Commencement of Contract Time. The Contract Time shall commence on the date specified in the City s written Notice to Proceed. Such Notice will be issued after execution of the Agreement (Part IV) by the Mayor on behalf of the City. 3.3 Commencement of the Project. The Contractor shall begin the Work on the date the Contract Time commences. No work shall be done prior to the date on which the Contract Time commences. Any Work performed by the Contractor prior to date on which Contract Time commences shall be at the sole risk of the Contractor. 3.4 Before Commencement of Each Part of the Work Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures and all applicable field measurements. The Contractor shall promptly report in writing to the City or Project Engineer any conflict, error, or discrepancy that it may discover. However, the Contractor shall not be liable to the City for failure to report any conflict, error, or discrepancy in the Drawings or Specifications unless the Contractor had actual knowledge thereof, or if the Contractor, by the exercise of reasonable diligence, should have known thereof At the pre construction conference the Contractor shall submit to the City or Project Engineer a proposed preliminary progress schedule covering the activities of Work. The schedule shall also include start and completion dates of the various stages of the entire Work and a preliminary schedule of submittals. The preliminary schedule will be superseded by final schedules as called for in the Contract Documents The Contractor or Subcontractors shall perform no work, and no irrevocable commitments to vendors made, until the Contract Time commences. 3.5 Qualifications of Subcontractors, Vendors, and Suppliers Within ten days after receipt of Award of Bid, the Contractor shall submit to the City or Project Engineer a list of all Subcontractors and all such other persons and organizations whom the Contractor intends to utilize in performing portion of the Work. The Contractor shall indicate the corresponding line item as shown on the Schedule of Values under which each Subcontractor will be working The Contractor agrees, within fourteen days of receipt of a written request from the City or Project Engineer, to promptly remove from the Project any personnel employed or retained by the Contractor, who the City or Project Engineer may request in writing to be removed, with or without cause. Any substitution submitted by Contractor must be acceptable to the City or Project Engineer and said substitution shall be at no additional cost to the City.

35 3.5.3 The Contractor agrees, within fourteen days of receipt of a written request from the City or Project Engineer, to promptly remove and replace any Subcontractor employed or retained by the Contractor, who the City or Project Engineer shall request in writing to be removed, with cause. If the City Manager requires the removal of any Subcontractor, the Contractor shall submit a substitute acceptable to the City or Project Engineer and said substitution shall be at no additional cost to the City The Contractor may remove or replace a Subcontractor employed or retained by the Contractor only with the prior written approval of the City or Project Engineer. Said approval shall not be issued absent submission by the Contractor to the City or Project Engineer of evidence, acceptable to the City or Project Engineer, that the Subcontractor to be removed or replaced has been paid in full for all services and material rendered by the Subcontractor in connection with the Project. 3.6 Pre construction Conference. Within ten days following the award of bid by the Commission, a conference shall be held for review and acceptance of the preliminary schedules (see above), to establish procedures for handling submittals and process Applications for Payment, and to establish a working understanding among the parties as to the Work. These items are discussed in greater detail in the Special Conditions and/or Technical Specifications. ARTICLE 4 CONTRACT DOCUMENTS; INTENT, CONFLICTS, INTERPRETATION, AND REUSE 4.1 Precedence The Contract Documents comprise the entire agreement between the City and Contractor concerning the Work and may be altered only by Change Order It is the intent of the Contract Documents to describe the total Work to be constructed. The Contract Documents are complementary. What is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error, or discrepancy in the Contract Documents, the Contractor shall call it to the attention of the Design Engineer in writing before proceeding with the Work. The Design Engineer shall respond with a written clarification as provided in Article 10. Any delays associated with the clarification shall be considered for time extensions only and no damages for delay will be allowed, absent fraud, bad faith, or active interference on the part of the City accompanied by actual malicious intent to delay. In resolving such conflicts, errors, and discrepancies, the Contract Documents shall be given precedence in terms of the most stringent requirements as determined by the City or Project Engineer. Enforcement of the most stringent requirements shall be at the option of the City. Figure dimensions on the Drawings shall govern over scale dimensions, and the detailed Drawings shall govern over general Drawings. Any work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for Work, materials, or equipment described in words that, so applied, have a well known technical or trade meaning shall be deemed to have such recognized meaning.

36 4.2 Reuse of Documents. Neither the Contractor nor any Subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title or ownership rights in any of the Drawings, Specifications, or other documents (or copies thereof) prepared by, or bearing the seal of, the Design Engineer, and they shall not reuse any of them on extensions of the Project or in connection with any other project. ARTICLE 5 PROJECT CONDITONS 5.1 Availability of Lands The City shall furnish, at the times indicated in the Contract Documents, the lands upon which the Work is to be done, rights of way for access thereto, and such other lands that are designated for use by the Contractor. The City shall obtain easements for permanent structures or permanent changes in existing facilities unless otherwise specified in the Contract Documents. If the Contractor believes that any delay in the furnishing of these lands or easements by the City constitutes a valid reason for an extension of the Contract Time, the Contractor may make a claim for such time extension as provided for in Articles 11 and 13, but in no event will the Contractor be entitled to any damages or additional compensation for such delay, absent fraud, bad faith, or active interference on the part of the City accompanied by actual malicious intent to delay. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment Upon request, the City or Project Engineer shall furnish to the Contractor copies of all available boundary surveys and subsurface tests. 5.2 Unknown or Concealed Conditions If conditions are encountered, excluding existing utilities, at the Site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions, of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the Contractor shall give the City notice thereof promptly before conditions are disturbed and in no event later than 48 hours after first observance of the conditions The City or Project Engineer and/or the Design Engineer shall promptly investigate such conditions, and, if they differ materially and cause an increase or decrease in the cost of, or the time required for, performance of any part of the Work by the Contractor, the City or Project Engineer shall recommend to the Commission, an equitable adjustment in the Contract Price or Contract Time, or both. If the City or Project Engineer or the Design Engineer determine that the conditions at the Site are not materially different from those indicated in the Contract Documents or are not materially difference from the City or Project Engineer shall notify the Contractor of the determination in writing. The Work shall be performed after the City or Project Engineer provides direction.

37 5.2.3 The Contractor shall ascertain such conditions, described in as may be readily determined by inspection and inquiry, such as the location, accessibility, and general character of the Site, prior to submitting a Bid Proposal The basis of determining payment for unknown or concealed conditions involving excavation and/or fill shall be by representative cross sections taken before, and after, the performance of the Work by the Contractor. 5.3 Reference Points. The Design Engineer shall establish on the Drawings such general reference points as in its judgment will enable the Contractor to proceed with the Work. The Contractor shall establish the coordinates and elevations of two permanent benchmarks on the site. The Contractor shall establish construction control including, but not limited to construction baseline, any additional temporary benchmarks, and elevations at 1000 foot intervals by utilizing a registered land surveyor in compliance with all of the requirements of Chapter 472, Florida Statutes (Land Surveying). The Contractor shall be responsible for the layout of the Work, shall protect and preserve the established reference points and shall make no changes or relocations to them without the prior written approval of the Design Engineer. The Contractor shall, within forty eight hours, give notice to the City or Project Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. The Contractor shall replace and accurately relocate all reference points so lost, destroyed, or moved by utilizing a registered land surveyor in compliance with all of the requirements of Chapter 472, Florida Statutes (Land Surveying). 5.4 Existing Utilities. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the City and/or the Design Engineer. Prior to commencing work, the Contractor shall be responsible for verification of the location of all underground utilities to the extent that the utilities can be reasonably located. The Contractor shall, at a minimum, contact all utility companies for the purpose of having all utilities located by the utility companies. The Contractor shall clear and grub those areas identified by the affected utility as essential to its work. Furthermore, the Contractor shall be responsible for discovery of existing underground installations, in advance of excavating or trenching, by contacting all local utilities, and by prospecting to ascertain that the utilities shown or otherwise identified are in the area shown. When such exploratory excavations show the utility location as indicated on the drawings to be in error, the Contractor shall so notify the City or Project Engineer. The City shall not be liable for any damage or delay caused by any utility line that was or could have been identified by the Contractor using reasonable means. If the Contractor fails to fulfill its due diligence investigation or negligently conducts the due diligence investigation with respect to existing utilities prior to the commencement of Work, the Contractor will be deemed to have waived any claim the Contractor might otherwise have had to an adjustment of the Contract Price or Contract Time. If the Contractor fully performs a due diligence investigation with respect to existing utilities prior to the commencement of Work, and the Contractor is subsequently delayed by an unknown existing utility conflict, the Contractor may make a claim for an extension to the Contract Time in accordance with the requirements of the Contract Documents, but in no event will the Contractor be entitled to any damages or additional compensation from the City. ARTICLE 6 BONDS, INSURANCE AND INDEMNIFICATION

38 6.1 Performance and Payment Bonds. The Contractor shall execute a Performance Bond and a Payment Bond as shown in Part II, Exhibits A and B, or furnish acceptable alternative forms of security as stipulated in the Instruction To Bidders (Part I) as security for the faithful performance and payment by the Contractor of all obligations of the Contractor under the Contract Documents. The Contractor shall cause each such bond (or acceptable alternative) to be in an amount equal to 100% of the Contract Price, as said Contract Price may be adjusted from time to time by an appropriate Change Order. Additionally, each such bond shall be as shown on the attached forms and shall be executed by the Contractor, and by a Surety, authorized to do business as a surety in Florida, who is otherwise acceptable to the City. Said executed Performance Bond and Payment Bond shall be provided to the City by the Contractor prior to submission of the Agreement (Part IV) to the Commission for its approval and execution. Prior to commencing work, it shall be the responsibility of the Contractor to record in the Public Records of the City the executed Performance Bond and Payment Bond. 6.2 Warranty Bond. The Contractor shall execute a Warranty Bond in a form acceptable to the City, or furnish acceptable alternative forms of security for the faithful performance by the Contractor of the obligation of the Contractor to warranty and guarantee the Work under the Contract Documents, unless coverage is already provided under the express terms of a Performance Bond. The Contractor shall cause said Warranty Bond (or acceptable alternative) to be in an amount sufficient to guarantee the Work pursuant to Article 14 of this Part II, as said Work may be adjusted from time to time by an appropriate Change Order. Each such bond shall be executed by the Contractor, and by a Surety, authorized to do business as a surety in Florida, that is otherwise acceptable to the City, and delivered to the City immediately before, and as a condition of Substantial Completion. 6.3 Insurance of the Contractor During the life of this Agreement, the Contractor shall provide, pay for, and maintain insurance of the types and in the amounts described herein. All such insurance shall be provided by responsible companies with A.M. Best ratings of A, Class 8 or better, authorized to transact business in the State of Florida, and which are satisfactory to the City. Promptly after the issuance by the City of the Award of Bid, and prior to submission of the Agreement (Part IV) to the Commission for its approval and execution, the Contractor shall provide to the City evidence of insurance coverage of the types, and in the amounts, required hereunder by submitting executed Certificates of Insurance, the preferred form of which is found at Exhibit III. Each Certificate shall set forth the original manual signature of the authorized representative of the insurance company/companies identified therein and shall have attached thereto proof that said representative is authorized to execute the same. In addition, the Contractor shall provide certified true and exact copies of all required policies and of endorsements to the City within sixty days of the issuance by the City of the Award of Bid All policies of insurance mandated by this Agreement shall require that the insurer give the City thirty days written notice of any cancellation, intent not to renew, or reduction in coverage; and ten days written notice of any non payment of premium. Such notice shall be delivered by First Class U.S. Mail to: William C. Poe, Jr., City Manager, Highway 98 Bypass, Dade City, Florida

39 In the event of any reduction in the aggregate limit of any policy, the Contractor shall immediately restore such limit to the amount required herein All insurance coverage provided by the Contractor shall be primary to any insurance program of the City that is applicable to the Work provided for in this Agreement Receipt by the City of any Certificate of Insurance or copy of any policy evidencing the insurance coverage and limits required by the Contract Documents does not constitute approval or agreement by the City that the insurance requirements have been satisfied or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of the Contract Documents No work for the City shall commence, nor occupancy by the Contractor of any of its property take place, until the required Bonds, Certificates of Insurance, and copies of the associated policies, if requested, are received by the City, even if the Contract Time has commenced The insurance coverage and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the City. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor have any questions concerning its exposures to loss under the Contract Documents or the insurance coverage needed therefore, it should seek professional assistance If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the City thirty days prior to expiration of current coverage Should the Contractor fail to maintain any of the insurance coverage required by the Contract Documents, the City may, at its option, either terminate this Agreement for default, or procure and pay for such coverage, charging the Contractor for, and deducting the costs of, the same from payments due the Contractor. A decision by the City to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents All liability insurance policies obtained by the Contractor to meet the requirements of the Contract Documents, other than the Worker s Compensation and Employer s Liability Policy, shall provide that the City, its employees and agents, shall be additional insureds under the Policy and shall also incorporate a Severability of Interest provision. All insurance coverage provided under this Section shall apply to all the activities of the Contractor under the Contract Documents without regard for the location of such activity Coverage. Amounts and type of insurance shall conform to the following minimum requirements with the use of current Insurance Service Office forms and endorsements or their equivalent. Contractual Liability coverage shall provide coverage for not less than the following amounts:

40 a. Bodily Injury: i. Each Person {$ 2,000,000} ii. Each Accident {$ 2,000,000} b. Property Damage: i. Each Accident {$ 2,000,000} ii. Annual Aggregate {$ 2,000,000} Worker s Compensation and Employer s Liability Insurance. The Contractor shall maintain coverage for all employees engaged in the Work, in accordance with the laws of the State of Florida. The Contractor also agrees to waive its right of subrogation as part of this coverage. The amount of each insurance shall not be less than: a. State: Statutory b. Applicable Federal (e.g., Longshoremen s): Statutory c. Employer s Liability: {$ 500,000} Contractor s General Liability Insurance. Coverage shall include, but not limited to, Personal and Advertising Injury coverage, Contractual coverage for this Agreement, including any hold harmless and/or indemnification agreement(s), coverage for Independent Contractors, and Broad Form Property Damage coverage. Limits of coverage shall not be less than the following for Bodily Injury, Property Damage and Personal Injury, Combined Single Limits: a. General Aggregate {$ 2,000,000} b. Products Completed Operations Aggregate {$ 1,000,000} c. Personal and Advertising Injury {$ 1,000,000} d. Each Occurrence (Bodily Injury and Property Damage) {$ 1,000,000} e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability i. General Aggregate {$ 5,000,000} ii. Each Occurrence {$ 5,000,000} If the General Liability Insurance required herein is issued or renewed on a claims made form, as opposed to the occurrence form, the retroactive date for coverage shall be no later than the date the Contract Time commences and shall provide that in the event of cancellation or non renewal the discovery period for insurance claims (Tail Coverage) shall be unlimited Business Automobile Liability Insurance. Coverage shall be maintained by the Contractor as to ownership, maintenance, and use of all of its owned, non owned, leased or hired vehicles with limits of not less than: a. Bodily Injury: i. Each Person {$ 1,000,000} ii. Each Accident {$ 1,000,000}

41 b. Property Damage: i. Each Accident {$ 1,000,000} c. Combined Single Limit of {$ 1,000,000} All Risk Coverage. For purposes of this Agreement, Builder s Risk coverage is _X /is not required; Installation Floater coverage is /is not X required. If either or both are required, the Contractor shall provide said coverage, which shall include the following minimum requirements: a. All Risk coverage shall be issued by insurance company(s) approved by the State of Florida Department of Insurance and acceptable to the City. All coverage and endorsements must be on forms acceptable to the City. The Contractor shall pay any and all premiums for this insurance, with any deductibles being the sole responsibility of the Contractor. If both Builder s Risk and Installation Floater have been specified, no more than one deductible per occurrence shall apply. Maximum deductible per occurrence for this project: $. b. Limit of coverage shall be 100% of the completed value of any building(s) or structure(s), or 100% of the value of the equipment to be installed, as appropriate; and Installation Floater coverage shall also provide for coverage of the installed equipment, including labor and materials, prior to final completion of the project. c. Waiver of Occupancy Clause or Warranty: Policy must be specifically endorsed to eliminate any occupancy clause or similar warranty or representation that the building(s) or structure(s) will not be occupied Certificates of Insurance. Certificates of Insurance evincing the insurance coverage specified in paragraphs through inclusive, and in paragraph , when required, shall be filed with the City Manager within ten days of the Notice To Apparent Low Bidder. The required Certificates of Insurance shall name the types of policies provided, and shall refer specifically to this Agreement. 6.4 Untimely Submission. The failure of the Contractor to submit the required Payment Bond, Performance Bond, and Certificates of Insurance within the times required by this Article may result in a delay in issuing the Award. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price of Time. 6.5 Indemnification The Contractor shall indemnify and hold harmless the City and the employees and agents of the City from, and against, all liabilities, claims, suits, demands, damages, losses, and expenses, including, but not limited to attorneys fees, arising out of, or resulting from, the performance of the Work, provided that any such liability, claim, suit, demand, damage, loss or expense: (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of

42 tangible property (other than the Work itself), including the loss of use resulting therefrom; and (b) is caused in whole or in part by an act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable In any and all claims against the City, or against any of the agents or employees of the City, by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type or damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen s compensation acts, disability benefit acts, or other employee benefit acts The Contractor shall indemnify and hold harmless the City and anyone directly or indirectly employed by the City from and against all claims, suits, demands, damages, losses, and expenses including, but not limited to, attorney s fees, arising out of any infringement of patent rights, copyrights, trademarks, trade dress, or other intellectual property rights held by others, and shall defend all such claims in connection with any alleged infringement of such rights The Contractor shall, at the option of the City, underwrite on an interim basis all expenses associated with the legal defense of the City, pending the outcome of any litigation through appeal, with respect to any liabilities, claims, suits, demands, damages, losses, and expenses, including, but not limited to, attorneys fees, for which the Contractor may be liable to the City, in whole or in part, pursuant to above, irrespective of whether said liabilities, claims, suits, demands, damages, losses, and expenses, including, but not limited to, attorneys fees, may ultimately be found by a court of law to have been causes, in whole or in part, by the negligence or other fault of the City. In discharging this duty to the City, the Contractor shall strictly account to the City on a monthly basis for all expenditures so incurred. Upon the conclusion of any litigation through appeal, to the extent that the Contractor has been found less than fully liable for any liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees, the City shall reimburse the Contractor for that portion of the reasonable costs of underwriting the legal defense of the City With respect to, and inconsideration for, the indemnifications provided herein by the Contractor, as well as the duty of the Contractor, at the option of the City, to underwrite the legal defense of the City pending the outcome of any litigation through appeal, the City agrees to pay to the Contractor a, separate consideration, the sum of $50.00, the sufficiency and receipt of which is hereby acknowledged Notwithstanding any language to the contrary which may be contained herein, the ultimate duty of the Contractor to indemnify and hold the City harmless under this Article 6 shall be limited to the extent that any liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, are caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract.

43 ARTICLE 7 RESPONSIBILITIES OF THE CONTRACTOR 7.1 Supervision and Superintendence. The Contractor shall supervise and direct the Work efficiently and with its best skill and attention. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction unless specifically addressed in the Contract Documents. The Contractor shall be responsible for seeing that the finished work complies accurately with the Contract Documents. The Contractor shall cooperate with and be responsible for coordination of the Work with other contractors and/or utilities at the Site in accordance with the Specifications, if applicable. The Contractor shall attend meetings as requested by the City or Project Engineer The Contractor shall keep on the Work at all times during its progress a competent resident superintendent who shall not be replaced without written notice to the City or Project Engineer except under extraordinary circumstances. The Contractor shall provide Notice to the City of the identity of the superintendent at the Pre construction Conference, and the City shall at that time be provided with a 24 hour, 7 days per week telephone number for the superintendent which shall remain valid until Final Completion. The superintendent shall be the representative of the Contractor at the Site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as bindings as if given to the Contractor. 7.2 Labor, Materials, and Equipment. The Contractor shall provide and pay for competent, suitable, qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order on the Site The Contractor shall furnish and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities, and all other facilities and incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents All materials and equipment shall meet or exceed contract specifications and, except as may otherwise be provided in the Contract Documents, shall be new and of good quality. When requested by the City or Project Engineer, the Contractor shall furnish promptly a statement of the origin, compositions, and manufacture of any and all materials to be used in the construction of the Work, together with samples that may be subjected to the tests provided for in the Specifications, to determine their quality and fitness for the Work. The Contractor shall further promptly supply, at the request of the City or Project Engineer, certification from the supplier of any material to be incorporated into the Work that said material meets or exceeds the Specifications.

44 7.2.4 At any time during the course of the Contract, with respect to any and all materials and equipment to be used in the construction of the Work, the City or Project Engineer may request, and upon such request the Contractor shall furnish in form and substance satisfactory to the City or Project Engineer within ten days, documentation which provides reasonable assurances to the City that the Contractor will be able to furnish said materials and equipment, all of proper quality and quantity, at bid prices, in a timely manner. Any and all risk of fluctuation in the market price of materials or equipment, or the availability thereof, shall remain at all times the sole responsibility of the Contractor. 7.3 Substitute Materials or Equipment. In the event the Contractor notifies the City Manager that certain materials or equipment described in the Contract cannot be procured by the Contractor for the project, or should the City or Project Engineer find the documentation submitted by the Contractor inadequate in response to a request for reasonable assurances of ability to furnish the materials or equipment as described above, the City may, as its option: a. Waive any specification with respect to said materials or equipment, authorize acceptable substitute materials or equipment, and make an appropriate adjustment to the amounts due the Contractor for the cost of said materials or equipment, including labor, and other expenses associated with the change; or b. Procure the materials or equipment itself and charge the actual cost thereof, including labor and other incidental expenses incurred by the City, to the Contractor by deducting said costs and expenses from amounts otherwise due the Contractor. Approval of any change in costs or schedule as a result of tentative acceptance of the substitute by the City or Project Engineer, shall be by Change Order. 7.4 Concerning Subcontractors The Contractor may not subcontract overall management obligations pertaining to the Work, or any substantial component thereof, and not more than forty percent (40%) of the Work shall be subcontracted under any circumstances. This limitation on subcontracting shall not apply to any aspect of the Work that involves the supply of equipment or materials alone. The Contractor shall retain ultimate liability for all contractual obligations under the Contract Documents. The Contractor shall further be fully responsible for all acts and omissions of Subcontractors, and of persons directly or indirectly employed by them, and of persons for whose acts any of them may be liable to the same extent as if the Contractor had employed them. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the City or any obligation on the part of the City to pay or to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The City may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor for specific Work done.

45 7.4.2 Any divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing Work among Subcontractors or delineating the Work to be performed by any specific trade The Contractor agrees to bind specifically every Subcontractor, by way of an appropriate written agreement, to the applicable terms and conditions of the Contract Documents, including but not limited to the General Conditions, Special Conditions, and Technical Specifications, for the benefit of the City All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages cause by fire or other perils covered by insurance, except such rights as they may have to proceeds of such insurance held by the City as trustee. The Contractor shall pay each Subcontractor an appropriate amount determined by value of Work, of any insurance monies received by the Contractor under this insurance City as Intended Beneficiary of Subcontracts. The City shall be an intended substantial beneficiary of the written agreements between the Contractor and its Subcontractors. 7.5 Patent Fees and Royalties. The Contractor shall pay all license fees and royalties, and shall assume all costs incident to the use of any invention, design, process, or device which is the subject of patent rights or copyrights held by others. 7.6 Permits. The Contractor shall secure and pay all construction permits, licenses, governmental charges and inspection fees, and all public utility charges that are applicable and necessary for the execution of the Work at the time of its Bid. A permit allowance may be established in the Bid Proposal. In the absence of a permit allowance being established, all permit costs shall be included in the base bid. Permits, if any, which are provided and paid for by the City, are listed in the Contract Documents. Any delays associated with the permitting process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 7.7 Laws and Regulations. The Contractor shall give all notice and comply with all laws, ordinances, rules, and regulations applicable to the Work. If the Contractor observes that any of the Contract Documents are contradictory to such laws, rules, and regulations, the Contractor will notify the City or Project Engineer promptly in writing. An appropriate Change Order shall then be used to institute any necessary changes. If the Contractor performs any Work that is knows or should have known to be contrary to such laws, ordinances, rules and regulations and without such notice to the City or Project Engineer, the Contractor shall bear all related costs. 7.8 Use of Premises. The Contractor shall confine its equipment, the storage of materials and equipment, and the operations of its workers to the area permitted by law, ordinances, permits, or the requirements of the Contract Documents. The Contractor shall not unreasonably encumber the Site with materials and equipment. Any loss or damage to the materials or equipment of the Contractor or of any Subcontractor shall be solely at the risk of the Contractor.

46 7.8.1 The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure. The Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger them. 7.9 Record Drawings The Contractor shall keep at the Site and in good order one record copy of the Contract Documents, the Construction Plans, and the Shop Drawings. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to the City or Project Engineer and shall be submitted to him prior to, or contemporaneously with, the Application for Final Payment. The Contractor shall provide record drawings in accordance with the Technical Specifications For water and wastewater facilities, the minimum requirements for record drawings are specified in the Special Conditions Safety and Protection The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work during the term of the Agreement. The Contractor shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury, or loss to: a. All employees on the Work and other persons who may be affected by it; b. All the Work and all materials or equipment to be incorporated, whether in storage on or off the Site. The Contractor shall assume all risk of loss for stored equipment or materials, irrespective of whether the Contractor has transferred the title of the stored equipment or materials to the City; and c. Other property at the Site or adjacent to it, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or less. Contractor shall erect and maintain, as required by the conditions and progress of the Work or as otherwise required or directed by the City, all necessary safeguards for safety and protection of persons and property throughout the term of the Agreement. Contractor shall notify owners of adjacent property and utilities when execution of Work may affect them prior to start of work. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable shall be remedied by the Contractor.

47 The Contractor shall designate a responsible member of its organization whose duty shall be the prevention of accidents at the Site. This person shall be the superintendent of the Contractor unless otherwise designated in writing by the Contractor to the City or Project Engineer Emergencies. In emergencies affecting the safety of persons, the Work or property at the Site or adjacent thereto, the Contractor, without special instructions or authorization from the City or Project Engineer, and then only if time or circumstances do not permit such special instructions or authorization, is obligated to prevent or mitigate threatened damage, injury, or loss. The Contractor shall give the City or Project Engineer written notice that the emergency provision has been invoked and shall state the reasons therefore within twenty four hours of the incident. If the Contractor believes the emergency resulted in additional Work, and otherwise untimely claim for a Change Order is permissible and may be submitted in accordance with the procedures set forth herein The Contractor shall immediately notify the City or Project Engineer of all events involving personal injuries to any person on the Site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other events resulting in property damage of any amount within five days of the occurrence of each such event The City or Project Engineer, upon learning of an emergency situation threatening the safety of persons or the integrity of property, shall immediately report the circumstances to the City or Project Engineer. If the City or Project Engineer is unavailable to provide direction, or if the circumstances do not allow the City or Project Engineer a reasonable opportunity to seek guidance from the City or Project Engineer may direct the Contractor to call out work crews, equipment and materials to prevent threatened damage, injury or loss. The Contractor shall be obligated to comply with any directions issued by the City or Project Engineer if he has determined that an emergency situation exists. If the Contractor believes the emergency resulted in additional work, an otherwise untimely claim for Change Order is permissible and may be submitted in accordance with the procedures set forth herein Submittals and Samples After checking and verifying all field measurements, the Contractor shall promptly submit to the City or Project Engineer for approval, in accordance with the accepted schedule of submittals, all Submittals required by the Contract Documents. All Submittals shall have been checked by and stamped with the approval of the Contractor and identified as the City or Project Engineer may require. The data shown on or with the Submittals will b complete with respect to dimensions, design criteria, materials and any other information necessary to enable the City or Project Engineer to review the Submittal as required. At the time of each submission, the Contractor shall give notice to the City or Project Engineer of all deviations that the Submittal or sample may have from the requirement of the Contract Documents The Contractor shall submit to the City or Project Engineer for approval, within ten days after Award of Bid, a preliminary Schedule of Values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts insufficient detail to serve as the basis for progress payments during construction. Such prices shall include an appropriate amount of overhead and profit applicable to each item of Work that will be confirmed in writing by the Contractor at the time off submittal.

48 The City or Project Engineer shall review and approve Submittals. This review and approval by the City or Project Engineer shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor will make any corrections required by the City or Project Engineer and resubmit the required number of corrected copies until approved. The signature, initials, or stamp of approval of the Contractor on any Submittal shall constitute its representation to the City or Project Engineer and City that the Contractor has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, and that each Submittal has been reviewed or coordinated with the requirements of the Work and the Contract Documents No Work requiring a Submittal shall commence until the City or Project Engineer has approved the Submittal. A copy of each approved Submittal shall be kept in good order by the Contractor at the Site and shall be available to the City or Project Engineer and City staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. No time extensions will be allowed for delays not attributable to the either the City or the City or Project Engineer The approval by the City or Project Engineer of Submittals shall not relieve the Contractor of its responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has called the attention of the City or Project Engineer to such deviation in writing at the time of submission, and the City Manager has given written approval to the specific deviation; any such approval by the City or Project Engineer alone shall not relieve the Contractor from responsibility for errors or omissions in the Submittals To facilitate review, the Contractor shall number consecutively each Submittal. This numbering system shall be in order of Submittal. Any re submittal required shall have the same number as the original Submittal followed by notation signifying that this is a second or third Submittal (e.g. #14 2 nd submittal ). All Submittals shall provide a space for the review stamp of the City or Project Engineer, preferably on the first page. In addition, all Submittals shall contain the following notation completed by the Contractor: Project Number and Name: CDBG Project #17DB OL N19 City Project #1603ST Beauchamp Ave Drainage Improvements Submittal Number: Deviations: None: As listed: Reference Specification Number: Reference Drawing Number: Space Requirement:

49 As designed: Different, as listed: Contractor has reviewed and submitted for approval. Signature: Date: The review of a particular Submittal will be undertaken only if the above such information is provided Cleaning Up. The Contractor shall maintain the Site free from accumulations of waste materials, rubbish, and other debris resulting from the Work on a daily basis or as required. At the completion of the Work, the Contractor shall remove all waste materials, rubbish, and debris from the Site as well as all tools, construction equipment and machinery, and surplus materials and will leave the Site clean and ready for use by the City. In addition to any other rights available to City under the Contract Documents, the failure of the Contractor to maintain the Site may result in the withholding by the City of any amounts due Contractor. The Contractor will restore to original condition those portions of the Site not designated for alteration by the Contract Documents. ARTICLE 8 WORK BY OTHERS 8.1 The City may perform additional work related to the Project with its own forces, or may carry out such work through direct contract with third party contractors. The Contractor shall provide any third party contractors, including, but not limited to, the employees, agents, subcontractors, and suppliers of such third party contractors (or of the forces of the City performing the additional work), reasonable opportunity for the introduction and storage of materials and equipment, and for the execution of work, and shall properly connect and coordinate its Work with theirs. The Contractor is not entitled to exclusive use of the Site. 8.2 If any part of the Work of the Contractor depends (for proper execution or results) upon the work of any such third party contractor (or of the City), the Contractor will inspect and promptly report to the City or Project Engineer in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results with respect to the Work. The failure of the Contractor to so report shall constitute an acceptance of the other work, except as to defects and deficiencies that may appear in the other work after the execution of its Work. The Contractor shall be entitled to extension of time, but not to damages or additional compensation from the City related to delay, whether caused by such third party contractors, or the City, absent fraud, bad faith, or active interference by the City which is accompanied by an actual malicious intent on the part of the City to cause delay. 8.3 The Contractor will do all cutting, fitting, and patching of its Work that may be required to make its several parts come together properly, and fit it to receive or be received by such third party work. The Contractor will not endanger any work of others by cutting, excavating, or otherwise altering such other work and will only cut or alter such other work with the written consent of the

50 City or Project Engineer, and only if such alteration will not increase the Contract Price or Contract Time. 8.4 If the performance of additional work by third party contractors or the City is not noted in the Contract Documents prior to the execution of the Agreement, written notice shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the City or others involves additional expense or entitles it to an extension of the Contract Time, the Contractor may make a claim as provided in Articles ll, 12, and 13. ARTICLE 9 RESPONSIBILITIES OF THE CITY 9.1 The City shall issue all communications to the Contractor through the City or Project Engineer, except for authorization required by Change Order pursuant to the Contract Documents. 9.2 The City shall furnish the data required under the Contract Documents, and shall make payments to the Contractor when due as provided in Article The responsibilities of the City for providing lands, easements, and engineering surveys to establish reference points are set forth in Article 5. ARTICLE 10 STATUS OF THE PROFESSIONAL DURING CONSTRUCTION 10.1 City s Representative. The City or Project Engineer shall be the representative of the City during the construction period. The duties, responsibilities, and limitations of authority of the City or Project Engineer as the City s representative during construction are set forth in these General Conditions, and shall not be extended without written designation from the Department administering the Project Visits to the Site. The City or Project Engineer shall make periodic visits to the Site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents Clarifications and Interpretations. The City or Project Engineer shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably requested by the Contractor, which shall be consistent with, or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation entitles it to an increase in the Contract Price, and/or Contract Time, the Contractor may make a claim as provided for in Article 11, 12 and Rejecting Defective Work. The City or Project Engineer has the authority to disapprove or reject Work that is defective. The City or Project Engineer also has authority to require special inspection or testing of the Work at the Contractor s expense, as provided in Article 14, whether or not the Work is fabricated, installed or completed.

51 10.5 Decisions on Disagreements. The City or Project Engineer shall interpret the requirements of the Contract Documents and determine the acceptability of the Work. If Contractor disagrees with the opinion of the Engineer, Contractor shall refer claim, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents initially to the City or Project Engineer in writing with a request for a formal decision. The City or Project Engineer shall evaluate all information submitted and prepare a recommendation. After receipt of all information requested from Contractor and the recommendation of the City or Project Engineer, the City Manager shall then render a formal decision in writing. Written notice of each such claim, dispute, and other matter shall be delivered by the Contractor to the City Manager within seven days of the first occurrence of the circumstances giving rise to the claim, dispute, or other matter. Written supporting data will be submitted to the City or Project Engineer within fifteen days after said first occurrence unless the City or Project Engineer, with the consent of the City Manager, allows additional time. If Contractor fails to comply strictly with these notice and submittal time periods, the Contractor shall be deemed to have waived its right to assert any claim that the Contractor might otherwise have had concerning any such matter Limitations on the Responsibilities of the City or Project Engineer. Neither the authority of the City or Project Engineer to act under this Article or elsewhere in the Contract Documents, nor any decision made in good faith to exercise such authority, shall give rise to any duty or responsibility of the City or Project Engineer to the Contractor, any Subcontractor, or any of their respective agents or employees The City or Project Engineer shall not be responsible for the construction means, methods, techniques, sequences, or procedures or the safety precautions and programs used. The City or Project Engineer shall not be responsible for the failure of the Contractor to perform the Work in accordance with the Contract Documents The City or Project Engineer shall not be responsible for the acts or omissions of the Contractor, any Subcontractors, any of their respective agents or employees, or any other persons performing any of the Work. ARTICLE 11 CHANGES IN THE WORK 11.1 Without invalidating the Agreement, the City may from time to time, order additions, deletions, or revisions in the Work. The Contractor shall promptly submit a written proposal for the changed work prepared in accordance with Articles 12 and 13. If the proposal request calls only for the deletion of Work, the City or Project Engineer may order the partial suspension of any Work related to the proposed deletion, in which case the Contractor must cease performance as directed; the Contractor shall not be entitled to additional compensation or an increase in the Contract Time as a result of the suspension. The Contractor shall not be entitled to claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions of the Contract Documents Additional Work performed by the Contractor without authorization, as represented by a properly executed Change Order approved by the Commission, will not entitle the Contractor to an increase in the Contract Price or to an extension of the Contract Time, except in the case of a bona

52 fide emergency as provided in Article 7. No employee or representative of the City including, but not limited to, the City or Project Engineer, has the authority to approve a Change Order on behalf of the COUNTY. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents Upon agreement between the City or Project Engineer and the Contractor as to changes in the Work to be performed or with respect to a claim by the Contractor for Work performed in an emergency as provided in Article 7, the City or Project Engineer will prepare a written Change Order to be signed by the Contractor and submitted to the Commission for approval It is the responsibility of the Contractor to notify its Surety of any changes affecting the general scope of the Work, Contract Price, or Contract Time and to secure the written consent of the Surety to any such changes In the absence of agreement between the City or Project Engineer and the Contractor, the City may, in its sole discretion, issue a unilateral Change Order to the Contractor. Pricing of the unilateral Change Order will be in accordance with Section The Change Order will specify a price, and if applicable, a time extension determined to be reasonable by the City. If the Contractor fails to sign said Change Order, the Contractor shall nevertheless be obligated to fully perform the work as directed by the Change Order Should the Contractor make a claim for an increase in Contract Time or an increase in Contract Price, then upon the request of the City or Project Engineer, the claim shall be accompanied by an affidavit stating that: a. The claim is made in good faith; b. The supporting data have been thoroughly reviewed by the Contractor and are accurate and complete to the best knowledge and belief of the Contractor; and c. The amount requested accurately reflects the contract adjustment for which the Contractor believes the City is liable. Absent such affidavit, if requested by the City or Project Engineer, the claim will not be considered. Submission of the affidavit shall be a condition precedent to the commencement by the Contractor of any action at law or in equity against the City If the City determines the Contractor has submitted a baseless, frivolous, unsupported, exaggerated, or otherwise spurious request for a Change Order or Claim, the City shall deduct from any amounts due the Contractor the costs incurred by the City in reviewing and responding to that Change Order request or Claim. Deductible costs include, but are not limited to, any costs incurred by the City or its City or Project Engineer to review and respond to the requested Change Order or Claim The Contractor shall proceed diligently with performance of the Work as directed by the City, regardless of pending claims or actions, unless otherwise agreed to in writing.

53 ARTICLE 12 CHANGE OF CONTRACT PRICE 12.1 The Contact Price The Contract Price is as defined in Paragraph All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at its expense without change in the Contract Price The Contract Price represents the total compensation to which the Contractor may be entitled under the terms of these Contract Documents, which Contract Price is based upon the estimated quantities of items listed therein or a lump sum price. The actual total compensation paid to the Contractor for the Work described in these Contract Documents may vary due to: a. Adjustments in pay quantity/quantities resulting from changes in item quantity/quantities; and/or b. Adjustments in pay quantity/quantities as otherwise permitted by these Contract Documents The Contract Price may only be increased or decreased by a written Change Order. Any claim for an increase shall be in writing and delivered to the City or Project Engineer within seven days of the first occurrence of the circumstances necessitating an increase. Written supporting data will be submitted to the City or Project Engineer within fifteen days after said occurrence, unless he allows additional time Except as provided for in Section , any Change Order adjusting the compensation to be paid to the Contractor shall be priced in accordance with the following procedures: Unit Prices Included in the Bid Proposal. The Contractor and the City recognize and acknowledge that the quantities shown for those items designated in the Bid Proposal (Part III) as unit price items are approximations prepared by the City for bid purposes and that the actual compensation payable to the Contractor for the utilization of such items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Project as originally defined in the Contract Documents. When it is determined by the City that an addition, deletion, or revision to the Project, as defined in these Contract Documents, is required and affects the quantities required for items designated in the Bid Proposal (Part III) as unit price items, the Contractor and the City agree that the compensation payable to the Contractor for such unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the Bid Proposal (Part III) to the quantity of the unit price item required to complete the Project as defined in the Contract Documents Unit Prices Not Included in the Bid Proposal. Unit prices for items not designated in the Bid Proposal (Part III), but which have been mutually agreed upon by the City and the Contractor, may be utilized in determining the actual compensation payable to the Contractor based upon field measured quantities.

54 Lump Sum. When it is determined by the City that an addition, deletion, or revision to the Project is required, resulting in a change in Work designated in the Bid Proposal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties If the pricing methods specified in Article are inapplicable, or if the parties are unable to agree on a price for the changed work, the City shall establish a reasonable price for the same in accordance with Article The City shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with paragraph The Contractor shall perform the Work as directed in the Change Order Failure on the part of the Contractor to construct any item to plan, or in conformity with authorized dimensions and within the specification tolerances set forth herein, shall result in: a. Reconstruction to acceptable tolerances, at no additional cost to the City; b. Acceptance at no pay; or c. Acceptance at reduced final pay quantity or reduced unit price, all at the discretion of the City. The City shall make determinations of the aggregate monetary change for items identified as lump sum quantities based upon an analysis of the score of the failure of the Contractor to construct to plan or in conformity with authorized dimensions and within applicable specification tolerances Cost of Work The term Cost of Work, when used in connection with Change Orders, means the costs necessarily incurred and paid by the Contractor in the proper performance of the change order work. Except as may be agreed to in writing by the City or Project Engineer, such costs shall be in amounts no higher than those prevailing in the relevant market for substantially similar work associated with projects akin to the Project, and shall be limited to the following categories: a. Actual cost of Labor (payroll, taxes, fringe benefits, worker s compensation, health and retirement benefits, sick leave) to perform change order work; b. Owned Equipment (at lowest applicable equipment rate manual rate); c. Rented Equipment (at actual rental rates); d. Materials; e. Costs of Subcontractor; f. Extra Bonds and Insurance;

55 g. Fee of Contractor (per Article 12.3) The Contractor shall require all Subcontractors and suppliers to comply with all requirements of, and provide itemizations of, all claims in accordance with this Article The term Cost of the Work, when used in connection with Change Orders, shall not include any of the following: a. Payroll costs and other compensation of the officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, job superintendents, project managers, and clerks of the Contractor, and all personnel employed by the Contractor, whether at the Site, at the principal office of the Contractor, at a branch office of the Contractor, or elsewhere, for general administration of the change order work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Fee of the Contractor; b. Extraordinary fringe benefits not specifically identified in Article 12.2; c. Expenses of the principal and branch offices of the Contractor, other than the office of the Contractor at the Site; d. Field overhead costs, including, but not limited to, the cost on site temporary facilities and the on site supervision provided by the Contractor; compensation for these costs will be considered only if the Final Completion date is extended by a Change Order or Allowance Authorization Release. e. Any part of the capital expenses of the Contractor, including interest on the capital used by the Contractor for the Change Order Work and charges against the Contractor for delinquent payments; f. Cost of premiums for all bonds and insurance, whether or not the Contractor is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the Work). g. Costs due to the negligence of the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts ay of them may be liable, including, but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and correcting for any damage to property; Article 12.3). h. All overhead or general expense costs of any kind (other than as provide in 12.3 Fee of Contractor

56 The maximum percentage allowed for the combined overhead (including name office and field office overhead) and profit of the Contractor shall be as follows: For all such change order work done, or to be done, by the Contractor alone, a fixed percentage of the total adjustment to the Contract Price shall not exceed ten percent (10%) For all such change order work done or to be done by Subcontractors, each Subcontractor may add up to ten percent (10%) to its allowable cost of work for combined overhead and profit and the Contractor may add up to five percent (5%) to the allowable cost of work of the Subcontractor for its combined overhead and profit; provided, however, that: a. No markup of the cost incurred in connection with premiums for bonds or insurance shall be permitted; and b. The total maximum markup allowed by Article 12, including but not limited to the Contractor, Subcontractors, and all lower tier subcontractors, shall in no event exceed twenty percent (20%) of allowable costs For all changes, the Contractor shall submit an itemized cost breakdown, together with supporting data in such detail and form as the City or Project Engineer may prescribe from to time. When a credit is due, the amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the City or Project Engineer plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man hours required by the discipline or trade, with the unit cost per man hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, and all other costs specifically itemized, in addition to the overhead and profit markup Cash Allowance. It is understood that the Final Total Bid Price, which shall serve as the basis for the initial Contract Price, includes any allowances named in the Contract Documents. The Contractor shall cause the Work to be done, using such Subcontractors or suppliers, and for such sums, within the limit of the allowances, as the City may approve. Prior to final payment, the Contract Price shall be adjusted, as required, and an appropriate Change Order issued to reflect actual authorized expenditures made against the allowances. The Contractor agrees that the initial Contract Price includes such sums as it deems proper for all cost, overhead, and profit required for cash allowances. The Contractor further agrees that in the event the City authorizes only a portion of the allowance work, the Contractor shall receive the amount for Work actually performed as set forth in the Contract Documents for cash allowance upon submittal of the proper documentation. Reductions or increases in the Work will not entitle Contractor to any further increase in overhead and profit. ARTICLE 13 CHANGE OF CONTRACT TIME

57 13.1 The Contract Time may only be changed by way of a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to the City or Project Engineer within seven (7) days of the first occurrence of the circumstances giving rise to the claim therefore. Written supporting data will be submitted to the City or Project Engineer within fifteen (15) days after such occurrence unless the City or Project Engineer allows additional time. All claims submitted by the Contractor for adjustments to the Contract Time must set forth in detail the reasons for, and causes of, the delay, and clearly indicate why the subject delay was beyond the control or fault of the Contractor If the Contractor is delayed at any time in the performance, progress, commencement, or completion on the Work by any act or neglect of the City or the City or Project Engineer, or by any employee of either of them, or by any third party contractor employed by the City, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by the Contractor through the exercise of reasonable diligence, or any causes beyond the control or fault of the Contractor, then the Contract Time shall be extended by Change Order for such reasonable time as the City may determine. The Contractor shall be entitled to an extension of time for such causes, but only for the number of days of delay which the City may determine to be solely due to such causes, and then only to the extent that such causes actually delay the completion of the Project, and only if the Contractor shall have strictly complied withal the requirements of the Contract Documents. Notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which the City or the City or Project Engineer may be responsible in whole or in part, shall relieve the Contractor of the duty to perform, or give rise to any right to damages or additional compensation from the City. The sole and exclusive remedy of the Contractor against the City for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension of the Contract Time in accordance with the procedures set forth herein. This paragraph shall apply expressly to claims for early completion, as well as claims based upon late completion The Contractor shall become familiar with, and prepare for, the normal weather conditions existing in Pasco County, Florida throughout the course of any given year. Normal weather conditions are expected to impact the Work in numerous ways, including, but not limited to, those impacts caused by delays during and after periods of rainfall, temporary flooding and ponding, wet ground, high winds and debris. For purposes of this Article 13, the term normal weather conditions, includes both high rainfall caused by periodic El Niño events and low rainfall caused by periodic drought conditions. By execution of the Agreement (Part IV), the Contractor acknowledges that the Contract Time constitutes a sufficient time in which to complete the Work, and that the bid and subsequent schedule of the Contractor anticipates and includes unfavorable weather conditions which may occur during the Contract Time. The consequences and impact of such unfavorable weather conditions are neither excusable nor compensable If adversely affected by a hurricane or other extreme weather event for which the Governor of the State of Florida or the Commission has declared to have created an

58 emergency within the geographical area which includes the site of the Work, then the City may, but is not obligated to, approve a request by the Contractor for an extension of the Contract Time. The Contractor acknowledges that the following conditions must all have taken place before the Contractor may apply for a Change Order requesting additional time to compensate for delays due to extreme weather events: a. Unfavorable weather conditions from a hurricane or other extreme weather event, for which an emergency has been declared by the Governor or the Commission actually existed at the Project Site for one or more workdays; b. As a direct result of the unfavorable weather conditions, the Contractor was unable to perform critical path work for a continuous period of more than eight (8) hours on each specific day; c. The Contractor had taken precautions, such as, but not limited to, proper drainage, temporary drainage or diversion, and pumping (including pre and post shift pumping) to mitigate the impact of such unfavorable weather conditions; d. The Contractor was scheduled, and actually attempted, to perform Work. e. The Contractor took prudent, appropriate, and necessary steps to secure the site, including, but not limited to, securing, and storing materials and equipment, and removing materials and equipment, in advance of unfavorable weather conditions All time limits stated in the Contract Documents are of the essence of this Agreement. The provisions of this Article, however, shall under no circumstance preclude recovery of liquidated damages As a condition precedent to receiving an extension of the Contract Time for delay on any portion of the Work, the Contractor shall reasonably reschedule the Work so as to minimize the impact of the delay and to allow continued progress on the unaffected portions of the Work. ARTICLE 14 WARRANTY AND GUARANTEE: ACCEPTANCE OF DEFECTIVE WORK 14.1 Warranty and Guarantee. The Contractor warrants and guarantees to the City that all materials and equipment will be new unless otherwise specified, and that all Work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the equipment of the Contract Documents and any inspections, tests, or approvals referred to in this Article for a minimum period of one year following the date of Final Acceptance. To the extent the Work may be required in order to achieve and maintain compliance with any permit issued by any federal or state authority (e.g., mitigation planting required as a condition of a permit by the Southwest Florida Water Management District) and no written final approval by said authority has been received within one year following Final Acceptance, the Contractor shall warrant and guarantee that portion of the Work beyond one year and until such time as written final approval has

59 been issued by the applicable authority. All unsatisfactory Work, all faulty Work, and all Work not conforming to the requirements of the Contract Documents, or to such inspections, tests, approvals, or to any and all applicable building, construction and safety requirements, shall be considered defective. The City or Project Engineer shall give notice of all defects to the Contractor. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article Tests and Inspections If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority with jurisdiction over the Contractor or the Work require the Work, or any portion thereof, to be specifically inspected, tested, or approved by someone other than the Contractor, the Contractor shall give the City or Project Engineer timely Notice when the Work to be tested is ready for testing. The testing firm(s) shall be supplied by the Contractor, subject to the approval of the City in its absolute discretion, and all inspections, tests, or approvals to be provided by the Contractor shall be timely identified in writing by the Contractor to the City or Project Engineer. For all required inspections, tests, and approvals on any Work prepared, performed, or assembled away from the Site, the Contractor will furnish the City or Project Engineer with the required certificates of inspection, testing, or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organizations as may be required by law or by the Contract Documents. Prior to testing, the Contractor shall secure the written approval of the City or Project Engineer as to the testing for or laboratory to conduct any tests. Materials or Work in place that fail to pass acceptability tests, or where the test results provided by the Contractor appear to the City to be unreliable in any way, shall be retested by a testing firm selected by the City, through the City or Project Engineer and at the sole expense of the CONTRACTOR. The rates charged the Contractor pursuant to this Article shall be those found in the current annual Testing Contract of the City, if any, or otherwise in an Exhibit hereto Either observations by the City or Project Engineer, nor inspections, tests, or approvals by persons other than the Contractor, shall relieve the Contractor of the obligation to perform the Work in accordance with the requirements of the Contract Documents Access to the Work. For the duration of the Project, the City or Project Engineer and representatives thereof, other designated representatives of the City, and authorized representatives of any regulatory agency with jurisdiction over the Work or any aspect thereof, shall at all times be given access to the Work. The Contractor shall provide proper facilities for such access and observation of the Work, and also for any inspection or testing by others Uncovering the Work If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of the City or Project Engineer, or if any Work is covered contrary to the request of the City or Project Engineer, the Work shall, if requested by the City or Project Engineer, be uncovered for observation, inspection, testing or approval, and replaced at the sole expense of the Contractor If any Work has been covered which the City or Project Engineer has not specifically requested to observe, or if the City or Project Engineer considers it necessary or advisable that

60 covered Work be inspected or tested by others, the Contractor, upon the written request of the City or Project Engineer, shall uncover, expose, or otherwise make available for observation, inspection, or testing that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, the Contractor alone shall bear the expense of such uncovering, exposure, observation, inspection, testing, and satisfactory reconstruction. If, however, such Work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, to the extent directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction, but only if the Contractor initiates a claim as provided in Articles 11, 12 and Stop Work. When Work is defective, or when the Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or to make prompt payments to Subcontractors for labor, materials, or equipment, or if the Contractor violates any provision of these Contract Documents, the City or Project Engineer may order the Contractor to stop the Work until the cause for such order has been eliminated. However, this right of the City or Project Engineer to stop the Work shall not give rise to any duty on the part of the City or Project Engineer to exercise this right for the benefit of the Contractor or any other party. The Contractor shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph Correction or Removal of Defective Work When directed by the City or Project Engineer, the Contractor shall promptly, without cost to the City and as specified by the City or Project Engineer, either correct the defective Work whether fabricated, installed, or completed, or remove it from the Site and replace it with nondefective Work. If the Contractor does not correct such defective Work or remove and replace such defective Work within a reasonable time, all as specified in a written notice from the City or Project Engineer, the City may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by the Contractor or deducted from payment to Contractor. The Contractor will also bear the expense of correcting, or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work After approval of final payment, and prior to the expiration of one year after the date of Final Completion, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract documents, if any Work is found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, the Contractor shall promptly, without cost to the City and in accordance with the written instructions of the City, either correct such defective Work, or if it has been rejected by the City, remove it from the Site and replace it with non defective Work. If the Contractor does not promptly comply with the terms of such instructions, the City may have the defective Work corrected, removed, or replaced. The Contractor will pay all direct and indirect costs of such action Acceptance of Defective Work. If, instead of requiring the correction, or the removal and replacement, of defective Work the City prefers to accept it, the City may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price, shall

61 be issued. If the acceptance occurs after approval of final payment, the Contractor shall pay to the City an appropriate sum to compensate for the defect in the Work Neglected Work by Contractor If the Contractor neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, the City or Project Engineer may direct the Contractor to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen, and/or equipment, and working extended hours and additional days, all at no cost to the City, in order to put the Project back on schedule. If the Contractor fails to correct the deficiency or take appropriate corrective action, the Commission may terminate the contract or the right of the Contractor to proceed with that portion of Work, and may have the Work done by others. The cost of completion under such procedure shall be charged against the Contractor. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City When the Contractor is more than ten percent (10%) behind schedule, based on the approved Project Schedule, the City or Project Engineer may deduct from any progress payment to the Contractor a sum equal to the liquidated damages for the number of days behind schedule. Additional withholding may be made if the City or Project Engineer determines the work cannot be completed for the unpaid balance of the Contract Price Should the Contractor work weekends or holidays to regain the schedule, all costs to the City of associated inspections, construction management and resident engineering shall be identified to the Contractor, and the Contract Price shall be reduced by a like amount via Change Order. ARTICLE 15 PAYMENT AND COMPLETION 15.1 Schedule of Values Prior to submitting the first Draft Payment Request, the Contractor shall submit to the City or Project Engineer a final Schedule of Values and, if previously requested by the City or Project Engineer, cash flow projection for all activities of the Work shown on the accepted schedule, including quantities and unit prices totaling to the Contract Price. This Schedule of Values shall be satisfactory in form and substance to the City or Project Engineer, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for measuring quantities in place and calculating amounts for progress payments during construction. Unsupported or unreasonable allocation of the Contract Price to any one activity shall be justification for rejection of the Schedule of Values. Upon approval of the Schedule of Values by the City or Project Engineer, it shall be incorporated into the most recent City approved Application for Payment form. The Contractor shall not submit an unbalanced Schedule of Values that provides for overpayment to the Contractor on activities that would be performed first. The Schedule of Values shall be revised, as necessary, and resubmitted until acceptable to the City or Project Engineer. Once the schedule has been accepted by the City or Project Engineer, the City reserves the right, at its exclusive option, to require at any

62 time that the Contractor honor a particular price contained in the Schedule of Values, if the activity pertaining to it is being deleted or modified On unit price contracts, the Schedule of Value shall be in accordance with the Bid Proposal (Part III) No payment can be made, and no Draft Payment Request or Application for Payment submitted or accepted, until the City or Project Engineer has approved the Schedule of Values, including the activity dollar resources. Every Draft Payment Request and Application for Payment shall delineate all activities on the schedule, the approved value, previous percentage complete approved, current percentage complete requested, and value of percentage requested The cash flow protection, if required, shall be a monthly projection of the value of Work in place. If the actual cash flow (represented by the Application for Payment) for any month is less than eighty five percent (85%) of the projected amount for that month, then the Contractor may be barred from bidding on other City projects until the value of Work in place is corrected and within at least ninety five (95%) of the projected value Draft Payment Requests and Application for Payment As a strict condition precedent to the submission of any Application for Payment, the Contractor shall first submit to the City or Project Engineer a Draft Payment Request, which shall be on the most recent City approved Application for Payment form, and clearly designated by the word DRAFT in the top right corner of each page. The Draft Payment Request shall include all documentation that the Contractor must submit in connection with the Application for Payment, including a proposed Schedule of Values that properly reflects all Work to the date of the request. The City or Project Engineer shall promptly review the Draft Payment Request and proposed Schedule of Values for possible errors, deficiencies, discrepancies, or disputes. If the City or Project Engineer determine(s) that the Draft Payment Request and proposed Schedule of Values are acceptable as originally submitted, the City or Project Engineer shall, within twenty business days of their receipt, direct the Contractor in writing to prepare and submit the Application for Payment, all in proper form and suitable for signature, to the City s Finance Director. If the PROJECT MANAGER determines that errors, deficiencies, discrepancies, or disputes exist as to any of the amounts claimed by the Contractor, the City or Project Engineer shall promptly notify the Contractor in writing of the existence thereof, and the City or Project Engineer and the Contractor shall work informally and in good faith to resolve the problems identified. Should a complete resolution not be achieved within twenty business days following the receipt by the City or Project Engineer of the Draft Payment Request and proposed Schedule of Values, then the City or Project Engineer shall notify in writing the City Finance Director as to the unresolved matters, and the Contractor may proceed to prepare and submit the Application for Payment to the designated reviewer. The designated reviewer for this Project shall be: Leslie Porter, Finance Director Meridian Avenue Dade City, Florida 33525

63 Application for Payment shall be made no earlier than thirty days after the Contract Time has commenced, and monthly thereafter, but not more often than once a month. The Application for Payment, when submitted, shall be filled out accurately and signed by the Contractor, covering the Work completed as of the date of the Application and supported by such data as required by the City. The Contractor shall certify in writing that all Subcontractors and suppliers have been paid for acceptable work and materials from previous progress payments received; less any retainage, prior to the receipt of any further progress payments. The Contractor shall submit an Application for Payment on the most recent City approved form, and which shall include the aforementioned certification. If payment is requested on the basis of materials or equipment not incorporated in the Work, but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such supporting data as will establish the title of the City to the material and equipment and protect its interest therein, including applicable insurance. Payment for stored materials, in whole or in part, shall be at the sole discretion of the City. The Contractor may request payment by electronic funds transfer (EDR) Upon receipt by the City s Finance Director, the Application for Payment shall be processed. If the Finance Director determines the Application for Payment to be deficient in any respect, it shall so notify the City or Project Engineer in writing within five business days of the date the Application for Payment was stamped as received by the City, specifying the deficiencies and the requisite action to render the Application for Payment proper. The deficiencies to be identified by the Finance Director shall specifically include disputed portions of the total amount claimed by the Contractor. Upon receipt of notice from the Finance Director, the City or Project Engineer shall immediately, and in no event more than fifteen business days of the date the Application for Payment was received by the Finance Director, forward a copy of the written determination by the Finance Director to the Contractor and request that the Application for Payment be corrected. In the event the deficiency in the Application for Payment relates solely to a disputed portion of the total amount claimed, the City shall pay the undisputed portion within thirty business days of the date the Application for Payment was received by the City. Any Application for Payment that has been corrected as to deficiencies identified by the Finance Director shall be paid within twenty business days of the date the corrected Application for Payment was received by the City; otherwise, the Contractor shall be notified within that time of the failure to correct the deficiencies and shall be afforded a second opportunity to correct the Application for Payment. If, following the second attempt by a Contractor to submit a proper Application for Payment, the City continues to find the Application for Payment deficient; it shall so notify the Contractor in writing within ten business days of the corrected Application for Payment was received by the City. The Contractor shall thereafter have thirty calendar days in which to request an administrative review of the dispute, submitting a concise written summary of its position and any supporting documents to the City Manager by an acceptable delivery method. Acceptable delivery methods are limited to the following: 1) hand delivery; 2) pre paid, certified United States first class mail, return receipt requested; 3) a nationally recognized overnight courier service, such as Federal Express. Delivery shall be to:

64 William C. Poe, Jr., City Manager Meridian Ave Dade City, Florida The City Manager shall review the materials submitted by the Contractor and may solicit and consider relevant information and materials from the City or Project Engineer and the Finance Director. The City Manager shall render a final decision on behalf of the City within sixty calendar days of the date the second corrected Application for Payment was stamped as received by the City. Should the Contractor fail to submit a first or second corrected Application for Payment, or otherwise fail to request an administrative review on a timely basis, the Contractor shall be deemed to have waived any claims in dispute Beginning with the second request of the Contractor for payment, the Contractor shall submit a properly executed Statement of Satisfaction, on the most recent City approved form, from each Subcontractor whose work appeared on the prior Application for Payment, and for which the Contractor has been paid. If the Contractor is unable to obtain the required Statement(s) of Satisfaction, a properly executed Written Consent from the Surety for the Contractor may be accepted in lieu thereof. In the event the Contractor is unable to furnish either a Statement of Satisfaction from a Subcontractor or the Written Consent from the Surety, the City may withhold the disputed amount until the Contractor can provide one of these two documents Retainage All progress payments shall be subject to a ten percent (10%) retainage. When seventy five percent (75%) of the Work is complete and in place, the Contractor may submit a written request to the City or Project Engineer that no additional retainage be withheld for the remaining Work. The City or Project Engineer may approve this request provided that the Work has been carried out to the satisfaction of the City or Project Engineer. At any time, if in the sole opinion of the City or Project Engineer, the Contractor is failing to perform the Work in accordance with the Contract Documents, the City or Project Engineer may reinstate the full ten percent (10%) retainage. Retainage may be increased for deficiencies including, but not limited to, schedule slippage, delinquent submittals, subcontractor non payment (regardless of fault), or defective work. After final acceptance of the Work by the City, all remaining retainage shall be requested by the Contractor as a component of the Final Payment. The City or Project Engineer, with the approval of the City Manager, has the discretionary authority to release retainage held by the City. Nothing herein shall require the City or Project Engineer to release retainage The Contractor agrees that if the City does not withhold retainage from a payment to the Contractor, the Contractor will not withhold retainage from the Subcontractors who are due funds out of that payment. Retainage released by the City or Project Engineer to the Contractor shall be release on a pro rata basis to Subcontractors Warranty of Title of CONTRACTOR. If at any time there shall be evidence of any claim for which, if established, the City might become liable, and which may be chargeable to the Contractor, or if the Contractor shall incur any liability to the City, or the City shall have any claim or demand against the Contractor, of any kind or any reason, whether related to or arising out of this Agreement

65 or any other agreement between the Contractor and the City, and whether or not reduced to judgment or award, the City shall have the right to retain out of any payment due the Contractor, or which may become due to the Contractor, under this Agreement or any other Agreement between the Contractor and the City, an amount sufficient to indemnify the City against such claim, and/or to compensate the City for, and fully satisfy, such liability, claim or demand, and to charge or deduct all cost of defense or collection with respect thereto, including, but not limited to, reasonable attorneys fees, expert consultant fees, and expert witness fees. Should any claim develop after final payment has been made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such claims, or that the latter may have incurred in collecting said monies from the Contractor Rejection of Applications for Payment by the City or Project Engineer. The City or Project Engineer may refuse to approve the whole or any part of any payment if, in the opinion of the City or Project Engineer the Application for Payment is acceptable to the City. The City or Project Engineer may also refuse to approve any such Application for Payment or because of subsequently discovered evidence, or the results of subsequent inspections or tests, nullify any such payment previously approved to such extent as may be necessary, in the opinion of the City or Project Engineer, to protect the City from loss because: a. The Work is defective; b. The Critical Path Method (CPM) schedule or another method of scheduling, as directed, and regular updates, as described in the Technical Specifications, have not been submitted or accepted; c. Claims have been filed against the City for which the Contractor may be liable; d. The Contract Price has been reduced because of Change Order(s); e. The City has been required to correct defective Work or to complete the Work in accordance with Article 14; f. Approved Maintenance of Traffic Plan (MOT) or revisions thereto, as directed by the City or Project Engineer, have not been submitted; g. The Work was executed unsatisfactorily, or the Contractor failed to clean up as required in Article 7, failed to control dust, failed to control traffic, or otherwise has failed to comply with these Contract documents Substantial Completion. When the Contractor believes Substantial Completion has been achieved on the Project, the Contractor shall certify in writing to the City or Project Engineer that the entire Project is substantially complete in accordance with the Contract Documents and request that the City or Project Engineer issue a Certificate of Substantial Completion. Thereafter, the City or Project Engineer, assisted by other personnel as required, along with the Contractor, shall undertake

66 an inspection of the Project to determine the status of completion in accordance with the contract specifications. After inspection, if the City or Project Engineer does not believe Substantial Completion has been attained with respect to the Project, the City or Project Engineer will notify the Contractor in writing, giving specific reasons why the Project is not substantially complete. If the City or Project Engineer considers the Project substantially complete, then upon approval by the City Manager, the City or Project Engineer shall issue a Certificate of Substantial Completion signed also by the City Manager. This Certificate of Substantial Completion shall fix the date of Substantial Completion, and will define the remaining deficiencies with respect to the elements outlined in the specifications of this contract Substantial Completion cannot occur until all conditions necessary for safe and proper use, occupancy, maintenance and operations are in place Partial Utilization. Where a portion of a Project is sufficiently completed to allow Beneficial Use/Occupancy, but any significant other portions(s) remain(s) uncompleted, the City or Project Engineer, with the consent of the City Manager, may direct the Contractor to permit the City to take control of the sufficiently completed portions(s), and to operate and utilize said portion(s) by taking Beneficial Occupancy/Use thereof, if the City believes such use will not significantly interfere with construction of the other parts of the Project. If the Contractor is of the opinion that said Beneficial Occupancy/Use is not in the best interests of the City, it shall give the City Notice of such an opinion, include with said Notice a statement of every reason that certification of Beneficial Occupancy/Use should not be issued. Otherwise, the Contractor shall certify to the City that all critical elements of that part of the Project are sufficiently complete to allow the City to take Beneficial Occupancy/Use thereof, and request the City or Project Engineer to prepare a Certificate of Beneficial Occupancy/Use for said portion(s) of the Project. Thereafter, the City or Project Engineer, assisted by other personnel as required, along with Contractor, shall make an inspection of said portion(s) of the Project to determine the status of completion. If the City or Project Engineer considers the portion(s) of the Project so inspected to be ready and appropriate for Beneficial Occupancy/Use, then with the consent of the City Manager, the City or Project Engineer will deliver to the Contractor a Certificate of Beneficial Occupancy/Use to that effect, fixing the date of Beneficial Occupancy/Use as to said portion(s) of the Project, attaching punch list of items to be completed or corrected before final payment on the total Contract, and fixing responsibility between the City and Contractor for any outstanding obligations on that part of the Project. The City shall have the right to occupy and use the portion(s) of the Project after date of Beneficial Occupancy/Use for the portion(s) covered by the Certificate of Beneficial Occupancy/Use, but the City or Project Engineer will allow the Contractor reasonable access to complete or correct items on the list. Acceptance of Beneficial Occupancy/Use shall not negate the obligation of the Contractor to meet any milestone requirements, including the respective dates of Substantial Completion and Final Completion for the entire Project, as said dates may have been set forth in the Contract Documents. Although Beneficial Occupancy/Use may be established for a portion of the project, warranties for that portion shall not commence until the date of Final Acceptance by the City, unless the Contract Documents expressly provide otherwise Final Completion Upon written notice from the Contractor that the Project is complete, the City or Project Engineer shall schedule a final inspection with the Contractor and any other personnel requested by

67 the City or Project Engineer. The City or Project Engineer shall, if necessary, notify the Contractor in writing of any Work this inspection reveals to be defective, or otherwise not in accordance with the Contract Documents. Should the Contractor receive notice of such defective or non conforming Work, the Contractor shall immediately take all such action as may be necessary to remedy these defects and bring the Project into full compliance with the Contract Documents, following which the Contractor shall request another such inspection, subject to the procedures and conditions set forth in this paragraph Final Completion of the Work shall be deemed achieved by the Contractor when all Work required under the Contract Documents has been satisfactorily completed in accordance with the contract specifications After the City or Project Engineer has determined that all Work has been completed, the City or Project Engineer, with the approval of the City Manager, will issue a Certificate of Final Completion for the Work signed by the City or Project Engineer. Warranties will commence on the date of Final Completion Application for Final Payment. After the City or Project Engineer has issued the Certificate of Final Completion for the Work, the Contractor may make Application for Final Payment, following the procedure for progress payments. The final Draft Payment Request and Application for Payment shall be accompanied by an Affidavit of Payment of Debts and Claims by the Contractor, a Subcontractor s Statement of Satisfaction for each subcontractor, as applicable, as well as the Certificate of Final Completion, Certificate of Occupancy or of Beneficial Occupancy/Use (if appropriate), and the Consent of Surety to Final Payment when required, all submitted on forms provided by the City. Where Certificates of Beneficial Occupancy/Use have been issued for portions of the Project in accordance with Article 15.7, they shall be maintained in the project file Approval of Final Payment. If, on the basis of the observations and review of Work during construction by the City or Project Engineer, the final inspection, and a review of the Draft Payment Request, all as required by the Contract Documents, the City Manager, upon the recommendation of the City or Project Engineer, is satisfied that the Work has been completed and the Contractor has fulfilled all of its obligations under the Contract Documents, the City or Project Engineer will, within twenty days of receipt of the Draft Payment Request shall, in writing, direct the Contractor to prepare and submit the final Application for Payment, all in proper form and suitable for signature, to the designated reviewer, and provide a contemporaneous copy of this written notice to the designated reviewer. Processing shall thereafter proceed pursuant to paragraph hereof If the City or Project Engineer determines that errors, deficiencies, discrepancies, or disputes exist as to any of the amounts claimed by the Contractor, the City or Project Engineer shall, in writing, promptly notify the Contractor of the existence of any such errors, deficiencies, discrepancies, or disputes, and the Contractor shall work informally and in good faith to resolve the problems identified. Should a complete resolution not be achieved within twenty business days following the receipt by the City or Project Engineer of the Draft Payment Request and proposed Schedule of Values, then the City or Project Engineer shall notify in writing the Finance Director as to the unresolved matters, and the Contractor may proceed to prepare and submit the final Application for Payment to the designated reviewer for processing in accordance with paragraph hereof.

68 15.11 Continuing Obligation of the CONTRACTOR. The obligation of the Contractor to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. The approval by the City of any progress payment or Final Payment, the issuance of a Certificate of Substantial Completion, any payment by the City to the Contractor under the Contract Documents, any use or occupancy of the Project or any part thereof by the City (with or without issuance of a Certificate of Beneficial Occupancy/Use), the issuance of a Certificate of Final Completion, the occurrence or absence of any act of acceptance by the City, or any correction of defective Work by the City shall not constitute, or be deemed or construed to constitute, an acceptance of Work not in accordance with the Contract Documents, as amended by a properly executed Change Order Waiver of Claims. The making of an Application for Final Payment, or acceptance of Final Payment, shall constitute an absolute waiver of any and all claims by the Contractor against the City, except for those previously submitted in writing in accordance with the Contract Documents Liquidated Damages. When the Contractor is in default for nonperformance within the stipulated Contract Time, including any intermediate Milestone Dates, the City or Project Engineer will notify the Contractor in writing within thirty days after the intermediate Milestone Date, Substantial Completion Date, or Final Completion Date, and shall deduct the liquidated damages in the amount stated in the Contract Documents from any monies due the Contractor. The City Manager, upon recommendation of the City or Project Engineer, however, retains discretion to recommend to the Commission that any portion or all of the liquidated damages be waived in order to advance the best interests of the City. The deduction of liquidated damages shall be in addition to any retainage withheld. Additional liquidated damages, if any, may be indicated in the circumstances referenced in subsection 4.03 of the Agreement of the Contract Documents. Any failure of the City to provide written notice to the City within the applicable thirty day period of its intent to assess liquidated damages shall not constitute a waiver of the right of the City to liquidated damages, or otherwise relieve the Contractor of liability for liquidated damages. ARTICLE 16 SUSPENSION OF WORK AND TERMINATION 16.1 Suspension of Work. The City Manager or the City or Project Engineer may, at any time, suspend the Work or any portion thereof for a continuous period of not more than ninety days by issuing to the Contractor a Notice of Suspension. The City or Project Engineer, with the consent of the City Manager, shall fix the date on which Work shall be resumed, and the Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an extension of the Contract Time, if directly attributable to any such suspension, as the sole compensation and remedy for the suspension, provided it makes a proper claim for same as provided for in Article 13. The Contractor shall, under no circumstances, be entitled to any damages or additional compensation for any such suspensions Termination of Work If the Contractor is adjudged bankrupt or insolvent, if it makes a general assignment for the benefit of its creditors, if a trustee or receiver is appointed for it or for any of its property, if it

69 files a petition to take advantage of any debtor s act or to reorganize under the bankruptcy or similar laws, if it repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or make prompt payments to Subcontractors, or prompt payments for labor, materials, or equipment; if it disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction; if it fails to submit the bonds and Certificates of Insurance within the times required by Article 6 of this Agreement; if it disregards the authority of the City or Project Engineer; or if it otherwise materially violates any provisions of the Contract Documents, then the Commission may, without prejudice to any other right or remedy and after giving the Contractor and its Surety seven days written notice, terminate the services of the Contractor. Upon termination, the City shall take possession of the Project, and may take possession of all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor, and may finish the Work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the direct and indirect cost of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such cost exceeds the unpaid balance, the Contractor shall pay the difference to the City. Such cost incurred by the City shall be incorporated in a Change Order. If, after the issuance of Notice of Termination of this Agreement, it is determined for any reason that the Contract was not in default, or that its default was excusable, or that the City was not entitled to the remedy against Contractor provided herein, the termination will be deemed to be a termination for convenience pursuant to paragraph , and the remedies of the Contractor against the City shall be the same as, and limited to, those afforded under said paragraph Where the services of the Contractor have been so terminated pursuant to paragraph by the City, said termination shall not affect any rights of the City against the Contractor then existing, or which may thereafter accrue. Any retention or payment of monies by the City due the Contractor will not release the Contractor from any liability whatsoever Termination for Convenience The City may terminate the required performance of Work by the Contractor under this Agreement, in whole or in part, whenever the City shall determine that such complete or partial termination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination for Convenience, specifying the extent to which the performance of Work under the Agreement shall be terminated, and the date upon which such termination shall be effective After receipt of a Notice of Termination for Convenience, and except as otherwise directed by the City, the Contractor shall: a. Stop Work under this Agreement on the date, and to the extent, specified in the Notice of Termination for Convenience; b. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for the full and proper completion of that portion of the Work under this Agreement not to be terminated; c. Terminate all orders and subcontracts to the extent that they

70 relate to the performance of Work terminated by the Notice of Termination for Convenience; d. In the sole and absolute discretion of the City, the Contractor shall either: 1. Assign to the City, in the manner, at the time, and to the extent directed by the City or Project Engineer, with the consent of the City Manager, all of the right, title, and interest of the Contractor under some or all of the orders and subcontracts so terminated; or 2. Settle all outstanding liabilities and all claims arising out of such termination of unassigned orders and subcontracts. e. Transfer title and deliver to the City, in the manner, at the times and to the extent, if any, directed by the City or Project Engineer, with the consent of the City Manager, the fabricated or un fabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of the Work terminated by the Notice of Termination for Convenience. f. Complete performance of that part of the Work not terminated by the Notice of Termination for Convenience. g. Take all such action as may be necessary or prudent, or as the City may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the Contractor and in which the City has, or may acquire, an interest After the receipt of a Notice of Termination for Convenience, the Contractor shall submit to the City its termination claim, in the form and with the certification set forth in paragraph Such claim shall be submitted promptly, but in no event later than four months from the effective date of termination, unless one or more extensions in writing are granted by the City or Project Engineer in his absolute discretion. No claim will be allowed for machinery and equipment rental expense incurred after the effective date of the Notice of Termination for Convenience. Upon the failure of the Contractor to submit its termination claim within the time allowed, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the Termination for Convenience The Contractor and the City may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the complete or partial Termination for Convenience, which amount or amounts may include a reasonable allowance for profit on Work done; provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Contract Price as reduced by the amount of payments otherwise made, and as further reduced by the Contract Price of Work not terminated. The Agreement shall be amended accordingly, and the Contractor shall be paid the agreed amount In the event of the failure of the Contractor and the City to agree, as provided in paragraph , on the whole amounts to be paid to the Contractor by reason of any Termination

71 for Convenience, the City Manager shall determine, on the basis of information available to him, with respect to all Work performed prior to the effective date of the Notice of Termination for Convenience, the total (without duplication of any items) cost of such work and a sum, as profit, equal to seven percent of said cost of the Work; provided, however, that if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed, and an appropriate adjustment shall be made, reducing the amount of the settlement to reflect the indicated rate of loss. In no event will the Contractor be entitled to recover any anticipated or lot profit The total sum to be paid to the Contractor shall not exceed the total Contract Price, as reduced by the amount of payment otherwise made, and as further reduced by the Contract Price of Work not terminated. Except for normal spoilage, and except to the extent that the City shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor the fair value, as determined by the City, of property which has been destroyed, lost, stolen, or damaged so as to become undeliverable to the City In arriving at the amount due the Contractor following a Termination for Convenience, there shall be deducted: a. All unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this Agreement; b. Any claim which the City may have against the Contractor in connection with this Agreement; and c. The agreed price for, or the proceeds from the sale of, any materials, supplies, or other things kept by the Contractor or sold, pursuant to the provisions hereof, and not otherwise recovered by, or credited to, the City Cross Default. Should the Contractor be determined by the City to be in default of this Agreement, such default shall constitute a default of all other contracts to which the City and the Contractor may be a party. The City, as a result, may pursue any and all remedies available to it up to and including termination of all such contracts between the parties. ARTICLE 17 MISCELLANEOUS 17.1 All specifications, drawings, and copies furnished by the City or the Design Engineer shall remain the property of the City. They shall not be used by anyone other than the City on any other Project and, with the exception of those sets that have been signed in connection with the execution of the Agreement, shall be returned to the City upon completion of the Project Should the City or the Contractor suffer injury or damage to their respective persons or property because of any error, omission, or act of the other, or of any of their respective employees, agents, or others for whose acts they may be legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage.

72 17.3 If the Contract Price exceeds $100,000, the Contractor shall comply with all the requirements of Section 114 of the Clean Air Act (42 USC 7414 et seq.), as amended, and with Section 308 of the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended Pending resolution of any claim or dispute between the City and the Contractor, unless otherwise agreed in writing by the City, the Contractor shall proceed diligently with Performance of the Work as directed by the City, and the City may continue to make payments in accordance with the Contract Documents Project Representative. The City may furnish a Project Representative and/or assistants to aid the City or Project Engineer in carrying out the responsibilities of the City or Project Engineer at the Site. The duties, responsibilities, and limitations of authority of the Project Representative are set forth in Article 10 of these General Conditions Historical or Archaeological Deposits. If, during the course of construction, evidence of deposits of historical or archaeological interest if found, the Contractor shall cease immediately operations affecting the find, and shall notify the City or Project Engineer, who shall notify the Regional Office of the Environmental Protection Agency and the State Historic Preservation Office. No further disturbance of the deposits shall ensue until Contractor has received written instructions from the City or Project Engineer. The City or Project Engineer will issue written instructions only after the state office has surveyed the find and made a determination to the Environmental Protection Agency and City. Compensation to Contractor, if any, for changes in construction shall be determined in accordance with changed conditions or change order provisions of the Contract Documents; provided however, in no event will the Contractor be entitled to damages or additional compensation for any delays incurred, and the sole remedy of the Contractor shall be to seek an extension of the Contract Time pursuant to the provisions of the Contract Documents. ARTICLE 18 MAINTENANCE OF RECORDS 18.1 The Contractor shall keep adequate records and supporting documentation applicable to this Project and Agreement. Said records and documentation shall be retained by the Contractor for a minimum of six years from the date of final completion or termination of this Agreement. The City shall have the right to audit, inspect, and copy such records and documentation, and any and all such records of the Contractor as may relate to this, or any other, Project and Agreement between the Contractor and the City, or to any legal, administrative, or other action brought against the City by the Contractor or any other person, as often as the City deems necessary, during the period of this Agreement and for a period of five years thereafter; provided, however, such activity shall be conducted only during normal business hours. The City during this period of time shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and supporting documentation. The Contractor shall, at all time, take all reasonable steps necessary to ensure and to enforce the right of the City to access the aforesaid documentation. ARTICLE 19 APPRENTICES AND TRAINEES

73 19.1 When apprentices and trainees are utilized by the Contractor on the Work pursuant to this Agreement, the Contractor shall be governed by the provisions of Chapter 446, Florida Statutes. ARTICLE 20 EQUAL OPPORTUITY COMPLIANCE PROVISIONS 20.1 During the performance of this Agreement, the Contractor agrees as follows General. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age handicap or marital status Sanctions. In the event the Contractor fails to comply with any non discrimination provision of this Agreement or with any such laws, regulations or orders, this Agreement may be cancelled, terminated, or suspended, in whole or part, and the Contractor may be declared ineligible for further City contracts by rule, regulation, or order of the Commission, or as may otherwise be provided by law Subcontractors. The Contractor shall include the provisions of paragraphs and in every subcontract under this Agreement so that such provisions will be binding upon each Subcontractor. The Contractor will take such action with respect to any Subcontractor as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance Federal Requirements. In the event this Agreement is funded, in whole or in part, from any federal governmental agency or source, the specific terms, regulations, and requirements governing the disbursement of these funds shall be incorporated by reference herein and become a part of this clause Equal Opportunity Laws, Regulations, and Requirements Throughout the term of this Agreement, the Contractor shall not violate any of the following federal or state laws, regulations, and requirements: a. Federal 1. Section One of the Fourteenth Amendment to the United States Constitution. 2. Title VI of the Civil Rights Act of Civil Rights Restoration Act of Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 and Civil Rights Acts of 1866 and Standards for a Merit System of Personnel Administration, 45 CFR Revised Order Number 4, 41 CFR Rehabilitation Act of 1973, P.L Interagency Agreement dated March 23, Executive Order 11914, Nondiscrimination with Respect to the Handicapped in federally assisted programs. 11. Age Discrimination Act of 1975, amended by P.L

74 12. Civil Rights Action of P.L Veterans Readjustment Act. 14. Section of Consolidated Omnibus Budget Reconciliation Act of 1985, (State and Local Assistance Act of 1972, as amended) 15. Office of Management and Budget Circular A 102, Attachment O. 16. Age Discrimination in Employment Act, as amended. 17. Civil Rights Restoration Act of Federal Civil Rights Act of Americans with Disabilities Act. b. State 1. State Constitution (Preamble) and Section (Powers and Purposes) protects citizens from discrimination because of race, national origin and religion. 2. Section , Florida Statutes, requires non discrimination in employment by counties and municipalities because of race, color, national origin, sex, handicap, or religious creed. 3. Section , Florida Statutes, prohibits age discrimination in employment. 4. Section , Florida Statutes, prohibits discrimination against physically disabled persons in employment. 5. Section , Florida Statutes, prohibits wage rate discrimination based on sex. 6. Florida Civil Rights Act of ARTICLE 21 ALLOWANCES 21.1 Allowance Categories. Because of the size, complexity and nature of the Project, the Commission has determined it is in the best interest of the City to establish certain allowance categories for various portions of additional or revised work. The Allowance Work may consist of, but is not limited to, the following: a. General Site Work; b. Concrete Structures; c. General Road Work; d. Utility Work; and e. Process Work. The Allowance Work is included in the Contract Price and the Contract Work, and shall be performed in full compliance with all requirements of the Contract Documents. The Contract Time also includes a number of calendar days reserved for performance of Allowance Work in accordance with this Article, calculated as follows: twenty percent (20%) of days allocated from the date the Contract Time commences to Final Completion (as awarded),or sixty days, whichever is less.

75 21.2 Authorized Expenditures and Allocations of Time. All charges and time for Allowance Work must be pre approved in writing by the City Manager. Said written pre approval shall be in the form of an Allowance Authorization Release (AAR), which shall describe in detail the Allowance Work to be performed, the time, if any, required, and the price for the Allowance Work, and shall contain the authorized signature of the City Manager, or his appropriately authorized designee. If the Contractor proceeds to perform any Allowance Work without the required AAR, the Contractor shall be deemed to have waived any rights it might otherwise have had to additional compensation or additional time, or both, for such Allowance Work. Any monies designated for Allowance Work remaining upon the completion of all Work shall be deducted from the Contract Price by an approved Change Order Pricing of Allowance Work. When the City has determined that it wishes to have the Contractor perform certain Allowance Work, the City or Project Engineer shall provide the Contractor with an allowance proposal request, identifying the Allowance Work to be performed, and requesting the Contractor to submit a price for such proposed Allowance Work. The Contractor shall submit a price for the proposed Allowance Work in a timely fashion, but in no event shall the Contractor expend more than five days within which to submit its price on the proposed Allowance Work, unless the City or Project Engineer, permits a longer period of time. The Contractor shall prepare its price for the proposed Allowance Work in accordance with the pricing procedures established for Change Orders under Article Allocation of Contract Time. If the Contractor requests an allocation of Contract Time for performance of Allowance Work, the Contractor shall state with particularity in its response to the allowance proposal request of the City the reasons for its request and the manner in which performance of Allowance Work will affect the Contract schedule. The Contractor shall be entitled to an allocation of time for performance of Allowance Work only for the number of the days that the City Manager determines to be appropriate, and then only to the extent such performance affects the ability of the Contractor to meet contract milestone dates. The City Manager may not allocate more Contract Time for all Allowance Work hereunder than the number of calendar days designated for Allowance Work in the Agreement. If the City and Contractor agree on the time to be allocated for performance of Allowance Work, the time shall be stated in the AAR. The City Manager may adjust any milestone dates affected by allocation of time for Allowance Work and shall state such adjusted milestone dates in the AAR. Contractor shall not be entitled to damages for delays or disruptions caused by performance of Allowance Work hereunder. An approved Change Order shall be used to deduct any time designated for Allowance Work remaining at the completion of all Work from the Contract Time Disputes as to Price or Time. If the City and Contractor agree on the price for proposed Allowance Work, but cannot agree on the amount of time for such work, or vice versa, then the item agreed upon shall be stated in the AAR. ARTICLE 22 DISPUTE RESOLUITON 22.1 Mediation. As a condition precedent to filing any action in law or equity on any claim against the City that may be arise out of these Contract Documents or the subject thereof, the Contractor agrees to provide advance Notice to the City of its intent to file a lawsuit or other action against the

76 City. The Contractor further agrees to submit the dispute in good faith to non binding mediation before a single mediator, pending completion of which any lawsuit or other action that may have been filed by or on behalf of, the Contractor shall be tolled Venue for Mediation. The mediation shall be held in Dade City or in some other location in Pasco County as the mediator may determine Selection of Mediator. The mediator shall be selected from the official list of certified mediators maintained by the Circuit Court for the Sixth Judicial Circuit, in and for Pasco County, Florida. Said mediator shall possess a minimum of ten years experience in handling construction transactions and litigation Rules and Administration. Unless otherwise contrary to these Contract Documents, to any subsequent written expression of mutual intent executed by the parties, or to any provision of the law, the mediation shall be administered by the American Arbitration Association and conducted in accordance with its most recent Construction Industry Mediation Rules Governing Law. The Contract Documents shall be governed by and interpreted according to Florida law Venue and Jurisdiction. Any action brought under this Agreement or with respect to any claim arising from the subject matter thereof shall be brought and heard in a state court of competent jurisdiction in Pasco County, Florida. If the claim(s) that form the basis for any such action must be adjudicated in federal court, then venue for that action shall be in the United States District Court for the Middle District of Florida, Tampa Division Notice of Claim; Contractor Books and Records. As a condition precedent to the initiation by the Contractor of any claim against the City through administrative proceedings or in arbitration, or to the filing of any action in law or equity against the City, the Contractor shall, at least sixty days in advance thereof, provide Notice to the City of its intent to pursue said claim, and for a period not less than fifteen days during the first 45 days following the date of the Notice, deliver to the City at the Office of the City Manager in Dade City, Florida, for inspection and copying, all of the original books and records in the possession or control of the Contractor which may be related, directly or indirectly to the claim or action, regardless of whether the City has affirmatively and expressly requested the same. In lieu of delivering the original books and records, the Contractor may, at its own expense, deliver to said Office of the City Manager complete and legible photocopies of all such original books and records within thirty days of the date of the Notice; however, nothing herein shall be construed to curtail the rights of the City to, inter alia, inspection and copying under Article 18 hereof.

77 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In case of disagreement with any other section of this contract, the Supplemental Conditions shall govern. 1. Termination (Cause and Convenience) 2. Access to Records 3. Retention of Records 4. Remedies 5. Environmental Compliance (Clean Air Act and Clean Water Act) 6. Energy Efficiency 7. Special Equal Opportunity Provisions 8. Conflict of Interest 9. Utilization of Minority and Women s Businesses 10. Federal Labor Standards Provisions (Davis-Bacon, Copeland, and Contract Work Hours Act) 11. Guidance to Contractor for Compliance with Labor Standards Provisions 12. E-Verify ==================================================================== 1. Termination (Cause and Convenience) A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in l(a) above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (l) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor s default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. 1 73C , FAC

78 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph (c) above. 2. Access to Records The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 3. Retention of Records The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4. Remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 5. Environmental Compliance If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1857(h), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 CFR Part 15). The contractor shall include this clause in any subcontracts over $100, Energy Efficiency The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law ). 7. Special Equal Opportunity Provisions A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the contractor agrees as follows: (1) The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2 73C , FAC

79 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (2) The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246, as Amended (through 2014), Section 202 Equal Opportunity Clause (Applicable to contracts/subcontracts above $10,000) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advancements 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. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information." (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No of September 24, 1965, 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 No of Sept. 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 No of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3 73C , FAC

80 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (8) The contractor will include the provisions of paragraphs (1) through (7) 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 No of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (C) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding $10,000.) (a) The Offerer s or Bidder s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor s aggregate workforce in each trade on all construction work in the covered area, are as follows: Female participation: Minority participation 6.9% (statewide) (See Appendix at CDBG-25 for goals for each county) These goals are applicable to all Contractor s construction work (whether or not it is federally-assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor s compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor s goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part Compliance with the goals will be measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (d) As used in this Notice, and in the contract resulting from the solicitation, the covered area is the county in which the contract work is being undertaken. 4 73C , FAC

81 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (D) 41 CFR Equal Opportunity Clauses (a) The equal opportunity clause published at 41 CFR (a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR (b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal contracting officers, all applicants and all nonconstruction contractors, as applicable, shall include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under the Executive order. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). 1. As used in these specifications: A. Covered area means the geographical area described in the solicitation from which this contract resulted; B. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. Employer identification number means the Federal Social Security number used on the Employer s quarterly Federal Tax Return, U. S. Treasury Department Form 941. D. Minority includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR ) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor s or subcontractor s failure to take good faith efforts to achieve the Plan goals and timetables. 5 73C , FAC

82 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, The contractor shall implement the specific affirmative action standards provided in paragraphs 7.A. through P. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a federal or federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor s efforts to meet its obligations. 6 73C , FAC

83 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7.(b) above. (f) Disseminate the contractor s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the contractor s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female recruitment students and to minority and female recruitment and training organizations serving the contractor s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor s work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR (l) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor s obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the contractor s EEO policies and affirmative action obligations. 7 73C , FAC

84 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 7.(a) through (p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7.(a) through (p) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor s noncompliance. 9. A single goal for minorities and separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order The contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 8 73C , FAC

85 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 E. Certification of Non-Segregated Facilities (Contracts over $10,000) The contractor does not maintain or provide for its employees any segregated facilities at any of its establishments, and does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The contractor certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, segregated facilities mean any waiting rooms, work areas, rest rooms and wash rooms, restaurants, and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The contractor further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that it will retain such certifications in its files; and that it will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods). F. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. G. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national original, religion or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. H. Section 3" Compliance in the Provision of Training, Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 9 73C , FAC

86 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. (6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). I. Section 503 Handicapped (Contracts $2,500 or more) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor s obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees C , FAC

87 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (5) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. J. Age Discrimination in Employment Act of 1967, as Amended It shall be unlawful for an employer- (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual s age; (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual s age; or (3 to reduce the wage rate of any employee in order to comply with this chapter. K. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) (1) Under Title II of the Genetic Information Nondiscrimination Act, it is illegal to discriminate against employees or applicants because of genetic information. Employers are prohibited from using genetic information in making employment decisions. GINA restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. (2) Genetic information includes information about an individual s genetic tests and the genetic tests of an individual s family members, as well as information about the manifestation of a disease or disorder in an individual s family members (i.e. family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future. 8. Conflict of Interest of Officers or Employees of the Local Jurisdiction, Members of the Local Governing Body, or Other Public Officials No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest C , FAC

88 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, Utilization of Minority and Women Firms (M/WBE) The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: Florida Department of Management Services, Office of Supplier Diversity, Florida Department of Transportation (construction services, particularly highway), Minority Business Development Center in most major cities, and Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. 10. Federal Labor Standards Provisions (Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 12 73C , FAC

89 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number ) (iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number ) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number ) (2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts C , FAC

90 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers and ). (b) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number ), U. S. Government Printing Office, Washington, DC The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number ). (ii) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A(3)(b)(ii) of this section C , FAC

91 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (iv) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part (4) (a) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman s hourly rate) specified in the contractor s or subcontractor s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved C , FAC

92 (ii) Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR (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 referenced 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 U. S. Department of Labor (USDOL)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 HUD or its designee, the USDOL, or the employees or their representatives. (10) (a) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part C , FAC

93 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 USC Additionally, U.S. Criminal Code, Section 1010, Title 18, USC, Federal Housing Administration transactions, provides in part Whoever, for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (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 subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, 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 subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation C , FAC

94 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. Guidance to Contractor for Compliance with Labor Standards Provisions A. Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. (2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor s annual cost (excluding any amount contributed by the worker) for the fringe benefit by Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) C. Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis-Bacon and related acts.) 18 73C , FAC

95 D. Deductions Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner s representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The USDOL must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. G. Sole Proprietorships/Independent Contractors/Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime C , FAC

96 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. H. Apprentices/Helpers 12. E-Verify A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. Contractors and subcontractors performing work funded by CDBG subgrants are required to enroll in the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all new employees that they hire during the term of their contracts under Executive Order , signed by the Governor of Florida on May 27, (a) E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. A contractor or subcontractor that has not signed up for E-Verify and executed a memorandum of understanding with the Department of Homeland Security can enroll in the E-Verify system on the Department of Homeland Security s website listed below: (b) Contractors and subcontractors shall enroll in the E-Verify system prior to hiring any new employee after the effective date of their contracts to perform work on CDBG-funded projects. The address for obtaining an Employer Memorandum of Understanding is: Verify_Native_Documents/MOU_for_E-Verify_Employer.pdf (c) The Department of Homeland Security offers tutorials and other assistance at the web address below: C , FAC

97 Department of Economic Opportunity Community Development Block Grant Program Form SC-66 CDBG Supplemental Conditions for Construction Contracts April, 2015 Appendix Minority Participation Goals These are the goals, by county, for meeting the minority participation portion of Section 7-B(2)(b) of the CDBG Supplemental Conditions. These are contractor workforce goals, not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement which the contractor must document compliance with. Tampa-St. Petersburg Area Percentage Hillsborough, Pinellas, Pasco Charlotte, Citrus, Collier, DeSoto, Hardee, Hernando, & Highlands (all seven counties) Lee Manatee Polk Sarasota Tallahassee Area Leon, Wakulla Calhoun, Franklin, Gadsden, Jackson, Jefferson, Liberty, Madison, & Taylor (all eight counties) Pensacola - Panama City Area Bay Escambia, Santa Rosa Gulf, Holmes, Okaloosa, Walton, & Washington (all five counties) Jacksonville Area Alachua Baker, Clay, Duval, Nassau, & St. Johns Bradford, Columbia, Dixie, Gilchrist Hamilton, Lafayette, Levy, Marion, Putnam, Suwannee, & Union (all 11 counties) Orlando - Daytona Beach Area Percentage Volusia Brevard Orange, Osceola, & Seminole (all three counties) Flagler, Lake, & Sumter (all three counties) Miami - Fort Lauderdale Area Dade Broward Palm Beach Glades, Hendry, Indian River, Monroe, Okeechobee, Martin, & St. Lucie (all seven counties) 21 73C , FAC

98 BONDING AND INSURANCE 1. This Attachment sets forth bonding and insurance requirements for grants. No other bonding and insurance requirements shall be imposed other than those normally required by the recipient. 2. Except as otherwise required by law, a grant that requires the contracting (or subcontracting) for construction of facility improvements shall provide for the recipient to follow its own requirements relating to bid guarantees performance bond, and payment bonds unless the construction contract or subcontract exceeds $100, For those contracts or subcontracts exceeding $100,000.00, the State may accept the bonding policy and requirements of the recipient provided the State has made a determination that the State's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows: (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid. (See Section 7 of "Information for Bidders") (b) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and materials in the execution of the work provided for in the contract. 3. Where the Federal Government guarantees or insures the repayment of money borrowed by the recipient, the State, at its discretion, may require adequate bonding and insurance if the bonding and insurance requirement of the recipient is not deemed adequate to protect the interest of the Federal Government. 4. Where bonds are required in the situations described above, the bonds shall be obtained from companies holding certificates of authority as acceptable sureties (31 CFR 223).

99 BID BONDS KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as owner in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this day of. 20. The condition of the above obligation is such that whereas the Principal has submitted to a certain Bid, attached hereto and hereby made apart hereof to enter into a contract in writing for the: NOW, THEREFORE, (A) If said Bid shall be rejected, or in the alternate, (B) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

100 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L. S.) SEAL By:

101 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (Name of Contractor) a, doing business as, hereinafter called "Principal" and, of, State of Florida, hereinafter called the "Surety", are held and firmly bound unto, Florida, hereinafter called "Owner" in the penal sum of Dollars and Cents ($ ) in lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with the Owner, dated the day of, 20, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements thereof which may be granted by the Owner, with or without notice to the Surety, and if he/she shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due on materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

102 IN WITNESS HEREOF, this instrument is executed in six (6) counterparts each, one (1) of which shall be deemed an original, this the day of, 20. ATTEST: (SEAL) (PRINCIPAL) By WITNESS AS TO PRINCIPAL ATTEST: (Address) (SEAL) (Surety) (Surety) By Witness as to Surety (Address Zip Code) Attorney in Fact (Address Zip Code) Countersigned: By Attorney in Fact, State of Florida NOTE: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute bond.

103 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that (Name of Contractor) (Address of Contractor) a(n), hereinafter called (Corporation, Partnership or Individual) Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with OWNER, dated day of, 20, a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements thereof which may be granted by the Owner, with or without notice to the Surety, and if he/she shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expenses which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due on materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work,

104 and all insurance premiums on said work, and for all labor, performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts each, one of which shall be deemed an original, this day of, 20. ATTEST: (Principal Secretary) (Witness to Principal) (Address) (Surety) Principal By (s) (SEAL) (Address) ATTEST: (Surety Secretary) (SEAL) (Witness to Surety) (Address) (Attorney in Fact) (Address) NOTE: Date of BOND must be prior to the date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND.

105 IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. BID FOR LUMP SUM CONTRACTS WITH LINE ITEMS Place Date Project No. Proposal of (hereinafter called "Bidder") (a corporation [ ] partnership [ ] individual [ ] doing business as ) to the hereafter called "Owner". The bidder, in compliance with your invitation for bids for the construction of a having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract upon issuance of "Notice to Proceed" and to fully complete the Project within 235 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $ for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bid security attached in the sum of Dollars ($ ) is to become the property of the Owner in the event contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Respectfully submitted: By: (Signature) (Title) (Business Address and Zip Code)

106 CERTIFICATION BY BIDDER This certification is required pursuant to Executive Order (30 F.R ). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. NAME AND ADDRESS OF BIDDER (include ZIP Code): 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes [ ] No [ ] 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes [ ] No [ ] 3. Bidder has filed all compliance reports due under applicable instructions. Yes [ ] No [ ] 4. Have you ever been or are you being considered for sanction due to violation of Executive Order , as amended? Yes [ ] No [ ] NAME AND TITLE OF SIGNER (Please type): SIGNATURE DATE

107 CERTIFICATION OF BIDDER REGARDING SECTION 3 (Name of Prime Contractor) (Project Name & Number) The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained. Name and Title of Signer: Signature Date

108 CONTRACTOR: Section 3 Plan Format agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within City of Dade City. A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the City the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, HomeCounty Plan or the U. S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. *D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. * Loans, grants, contracts, and subsidies for less than $10,000 will be exempt. *E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. * Loans, grants, contracts, and subsidies for less than $10,000 will be exempt. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation for this program. G. To insure that all appropriate project area business concerns are notified of pending subcontractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. J. To list on Table A, information related to subcontracts to be awarded. K. To list on table B, all projected workforce needs for all phases of this project by occupation, trade, skill level, and number of positions.

109 As officers and representatives of (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. Signature Title Date Signature Title Date

110 TABLE A. PROPOSED SUBCONTRACTS BREAKDOWN FOR THE PERIOD COVERING, 20 THROUGH, 20. (DURATION OF THE CDBG ASSISTED PROJECT) COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 TYPE OF CONTRACT (BUSINESS OR PROFESSION) TOTAL NUMBER OF CONTRACTS TOTAL APPROXIMATE DOLLAR AMOUNT ESTIMATED NUMBER OF CONTRACTS AREA BUSINESS* ESTIMATED DOLLAR AMOUNT PROJECT AREA *The Project Area is coextensive with the physical boundaries of City of Dade City, Florida Company Project Name EEO Officer (Signature) Project Number Date

111 TABLE B ESTIMATED PROJECT WORKFORCE BREAKDOWN Column 1 Column 2 Column 3 Column 4 Column 5 Job Category Total Estimated # Positions # Positions # Positions To Positions Currently Occupied Not Currently Be Filled With By Permanent Occupied L.I.P.A.R.* Employees Officers Supervisors Professionals Technicians Housing/Sales Rental/Mgmt Office Clerical Service Workers Others TRADES: Journeyman Helpers Apprentices Maximum # Trainees Others Totals *Lower Income Project Areas Residents: Individuals residing within City of Dade City whose family income does not exceed 80% of the median income in the State.

112 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY NAME OF CONTRACTOR PROJECT NUMBER INSTRUCTIONS This certification is required pursuant to executive Order (30 F.R ). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clauses; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTORS CERTIFICATION NAME AND ADDRESS OF SUBCONTRACTOR (Include Zip Code) 1. Bidder has participated in previous contract subject to the Equal Opportunity Clause. Yes [ ] No [ ] 2. Compliance reports were required to be filed in connection with such contract or subcontractor. Yes [ ] No [ ] 3. Bidder has filed all compliance reports due under applicable instructions, including SF 100. Yes [ ] No [ ] 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? Yes [ ] No [ ] NAME AND TITLE OF SIGNER (Please type): SIGNATURE DATE

113 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES NAME OF SUB CONTRACTOR PROJECT NAME & NUMBER The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of NAME & TITLE OF Signer (Print or Type): Signature Date

114 CONTRACTOR CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To: DATE: PROJECT NUMBER: CDBG Project #17DB OL N19 City Project #1603ST PROJECT NAME: Beauchamp Ave Drainage Improvements 1. The undersigned, having executed a contract with (or the construction of the above identified project), acknowledges that 2. He certifies that: (a) The Labor Standards provisions are included in the aforesaid contract: (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis Bacon Act, as amended (40 U.S.C. 276a 2(a)) (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are:

115 (b) The undersigned is: (circle one) (1) A SINGLE PROPRIETORSHIP (2) A PARTNERSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (4) OTHER ORGANIZATION (Describe) (c) The name, title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADDRESS (d) The names and address of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are: (if name, so state) NAME ADDRESS NATURE OF INTEREST (e) The names, addresses and trade classification of all other building construction contractors in which the undersigned has a substantial interest are: (if name, so state) NAME ADDRESS NATURE OF INTEREST

116 (Contractor) Date WARNING U.S. Criminal Code Section 1010, Title 18, U.S.C., provides in part: "Whoever,...makes, passes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both".

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