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Home My WebLink AboutCity of Tamarac Resolution R-2014-134Temp. Reso. # 12563 November 12, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014 / 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 14- 24E TO AND APPROVING AN AGREEMENT WITH ENCO, LLC., FOR THE TAMARAC BIKEWAY/WALKWAY SYSTEM PROJECT — PHASE 3, BEGINNING AT NOB HILL ROAD HEADING EAST ON NW 77T" STREET TO PINE ISLAND ROAD; CONTINUING NORTH FROM NW 77T" STREET ON NW 96T" AVENUE TO NW 81 ST STREET; CONTINUING EAST FROM NOB HILL ROAD ON NW 81 ST STREET TERMINATING AT PINE CIRCLE, IN ACCORDANCE WITH BID NO. 14-24B FOR A CONTRACT AMOUNT OF $17185)473; A CONTINGENCY IN THE AMOUNT OF $118,547 WILL BE ADDED TO THE PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET OF $1,304,020; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac wishes to enhance multi -modal transportation, wellness and recreational opportunities throughout Tamarac; and WHEREAS, the City desires to provide a safe connectivity between city facilities, schools, shopping areas, residential areas and the Broward County Greenway system by establishing an integrated bikeway/walkway system throughout the City; and WHEREAS, the City of Tamarac has been assigned funds in the amount of $966,352.00 for construction by the Broward County Metropolitan Transportation Temp. Reso. # 12563 November 12, 2014 Page 2 Improvement Program for the Tamarac BikewayNValkway System Project — Phase 3 beginning at Nob Hill Road heading east on NW 77th Street to Pine Island Road; continuing north from NW 77th Street on NW 96th Avenue to NW 81 St Street; continuing east from Nob Hill Road on NW 81 St Street terminating at Pine Circle; and WHEREAS, the City published Invitation to Bid No.14-246 for the construction of the Tamarac Bikeway/Walkway System Project — Phase 3, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on October 2, 2014 the City of Tamarac received eight (8) proposals for the Tamarac Bikeway/Walkway System Project — Phase 3, with Enco, LLC., being the lowest responsive bidder, a bid tabulation attached hereto as Exhibit clip), incorporated herein and made a specific part of this resolution; and WHEREAS, Enco, LLC., possesses the required knowledge and experience for the construction of the proposed project and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 14-2413; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 14- 24B and execute the agreement with Enco, LLC., for the construction of the Tamarac Bikeway/Walkway System Project — Phase 3, attached hereto as Exhibit "2", Temp. Reso. # 12563 November 12, 2014 Page 3 incorporated herein and made a specific part of this resolution; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 14- 24B and execute the agreement for the construction of the Tamarac Bikeway/Walkway System Project — Phase 3 with Enco, LLC., for a contract cost of $1,185,473 and a contingency in the amount of $118,547 will be added to the Project Account, for a total project budget of $1,304,020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: approves an Agreement The City Commission hereby awards Bid No. 14-24B to and between the City of Tamarac and Enco, LLC., ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide for the construction of the Tamarac Bikeway/Walkway System Project — Phase 3 beginning at Nob Hill Road Temp. Reso. # 12563 November 12, 2014 Page 4 heading east on NW 77th Street to Pine Island Road; continuing north from NW 77th Street on NW 96th Avenue to NW 81 St Street; continuing east from Nob Hill Road on NW 81 St Street terminating at Pine Circle. SECTION I An expenditure for a contract cost of $1,185,473, and a contingency in the amount of $118,547 for a total project budget of $1,304,020 is hereby approved. SECTION 4: The City Manager, or his designee, are hereby authorized to make changes, issue change orders in accordance with section 6-156(b) of the City Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. SECTION I All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION I passage and adoption. Temp. Reso. # 12563 November 12, 2014 Page 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this / � day of .IJ W; 2014. ATTEST: PATRICIA TEUFEV),117MC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM iy �iAMULL 5. CiUKtN CITY ATTORNEY HARRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER t�' DIST 1: V/M BUSHNELL e"v DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO TR 12563 Exhibit 1 BID TABULATION BID NO. 14-24B - OPENED 10/02/14 CITY OF TAMARAC — BIKEWAY SYSTEM PHASE 3 ENCO, LLC $111857473.00 TRIPLE R PAVING INC. 1,240,758.00 FHP TECTONICS CORP. 1,260,846.71 CONSTRUCT GROUP CORP. 11293,289-00 WILLIAMS PAVING CO. 11416,689-91 WEEKLEY ASPHALT PAVING, INC. 1,570,029.00 WESTWIND CONTRACTING, INC. 116437198.00 KAILAS CORP. 1,770,770.00 Note: All recommendations for award are unofficial until Commission review and approval. 11 City of Tamaracur hill and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND ENCO, LLC A2 THIS AGREEMENT is made and entered into this day of , 2014 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and ENCO, LLC., a Florida Corporation with principal offices located at 3878 Sheridan St., Suite E, Hollywood, FL 33021 (the "Contractor") to provide for the construction of the Tamarac Bikeway System Phase 3 Project. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid Document No.14-24B, FDOT Local Agency Project No. 425535-2, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal, the Federal Required Contract Provisions included as a part of this document, HUD 4010 Federal Labor Standards Provisions FHWA 1273, applicable Davis Bacon Wage Rate Tables and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between the Federal Required Contracts Provisions contained herein and made part of this agreement and other provisions of Bid 14-24B as issued by City and the Contractor's Proposal, the governing and prevailing order shall be the Federal Requirements, Bid No. 14-24B as issued by City, and the Contractor's Bid Proposal in that order of priority. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. Agreement City of Tamarac Purchasing and Contracts Division 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Time of Commencement and Substantial Completion 3.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be substantially complete within (270) calendar days from issuance of City's Notice to Proceed, with (30) days allowed for final completion subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. 3.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 4) Contract Sum The Contract Sum for the above work is One Million One Hundred Eighty Five Thousand Four Hundred Seventy Dollar and no cents. ($1,185,473.00) Three 5) Remedies 5.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. City of Tamarac PurchaSil7g andContracts Division --------------------------- 6) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 7) Uncontrollable Circumstances 7.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 7.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 8) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 9) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 3 Agreement City of Tamarac Purchasing and Contracts Division 10) Public Records 10.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 10.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 10.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 10.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 10.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 10.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 5 "Remedies" herein. Balance of Page Intentionally Left Blank City of TamaracPurchasing rid Contracts Division ------------------------------ IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Officer duly authorized to execute same. Patricia A. Teufel, CMC City Clerk _ 1 ST: C�' 0 L' � 0 \CN� \ Signature of Corporate Secretary Lucio Micolta Type/Print Name of Corporate Secy. (CORPORATE SEAL) OF TAMARAC Harry Dressler, Mayor Date hael C. Cernech, City Ma -1b-11, ger Approved_ as to form and legal sufficiency: City Attdrney /3 Date ENCO, LLC Company Dame Signature of Managing Member Wilson Sanchez Type/Print Name of Managing Member Date City o marias Purchasing and Cot7tracts , ivisiori CORPORATE ACKNOWLEDGEMENT STATE OF CA,4-) OA :SS COUNTY OF heLUO kilv: HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Wilson Sanchez, Managing Member, of ENCO, LLC, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this _ day of , 2014. �Notary Public State of Fb ' a s� Wanda C Cuba 2�i • My Commis/ . SM 0 Expires 06j'03120 - - s .w U`$ignature of Notary Public State of Florida at Large Print, Type or Stamp ame of Notary Public L'ij-' Personally known to me or F-1 Produced Identification Type of I.D. Produced El DID take an oath, or DID NOT take an oath. City of Tamarac Purchasing and ontrac Division Federal Required Contract Provisions Federal Highway Administration Funds for this project are derived from federal grants and therefore the successful contractor must comply with federal guidelines. The federal funds appropriated by the Department of Transportation (DOT), Federal Highway Administration (FHWA) will be administered through the Florida Department of Transportation (FDOT) or SHA (state highway authority). In the event of a conflict between the Federal Requirements listed in this section and other provisions of this Agreement or the Invitation to Bid, the more restrictive requirement shall prevail. 1. GENERAL (1) These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. (2) Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. (3) A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. (4) A breach of the following clauses grounds for debarment as provided in 29 CFR 5.12: of the Required Contract Provisions may also be Section I, paragraph 2 (General) Section 8, paragraphs 1, 2, 3, 4, and 7; (Payment of Predetermined Minimum Wage) Section 9, paragraphs 1 and 2a through 2g. (Statements and Payroll) (5) Disputes arising out of the labor standards provisions of Section 8 (except paragraph 5) and Section 9 of these Required Contract Provisions 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 (DOL) as set forth in 29 CFR 51 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 2. PREQUALIFICATION. IF THE PROJECT IS LOCATED ON THE STATE HIGHWAY SYSTEM A FDOT PREQUALIFIED CONTRACTOR MUST BE PART OF THE PREQUALIFICATION CRITERIA. 3. CONTRACT AWARD The contract will be awarded on the basis of the lowest responsive bid submitted by a bidder meeting the requirements of the Invitation to Bid. City of Tamarac Purchasing and Contracts Division 4. SELECTION OF LABOR`�mmm��mm`��`..w.....,........_�........_�...�. �� During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 5. NON-DISCRIMINATION (1) Contractor Representations. During the performance of the contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, marital status, political affiliation, sexual orientation or disability, if qualified. 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 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 form of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause. (b) 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, age, national origin, marital status, political affiliation, sexual orientation or disability, if qualified. (c) 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 advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order No. 11246 of September 241 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order No. 11246 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 of purposed of investigation to ascertain compliance with such rules, regulations and orders. (f) 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 party and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of sub -paragraphs (a) through (f) in every subcontract of purchase order unless exempted by rules, regulations or orders of the City of 7amar c PumhaSil7g andContracts Division --------------------------------------------------------------------------- Secretary of labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as 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 requires the United States to enter into such litigation to protect the interests of the United States. (h) The contractor shall keep such records as are necessary to determine compliance with the equal employment opportunity obligations. All such records must be maintained for a period of three (3) years following completion of the contract work and be available at reasonable times and places for inspection by representatives of the City, FDOT and FHWA. (2) Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the City, FDOT and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as contractor's operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age, marital status, political affiliation, sexual orientation or disability, if qualified. Such action shall include: 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, pre - apprenticeship, and/or on-the-job training." (3) EEO Officer: The contractor will EEO Officer who will have the responsibility for promoting an active contractor program of EEO responsibility to do so. designate and make known to the City and FDOT an and must be capable of effectively administering and and who must be assigned adequate authority and (4) Dissemination of Policv: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. City of Tamarac . Purchasing and ContractsDivision b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. C. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. (5) Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) C. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. (6) Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. City of Tamarac PurrhaSif7g and Contracts Division C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. (7) Trainina and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. C. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. (8) Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use contractor's best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. C. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive City of Tamarac .. Purchasing and Contracts Division possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. (9) Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age marital status, political affiliation, sexual orientation or disability, if qualified, in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from FDOT. C. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. (10) Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of five years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the City, MOT and/or the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non -minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. City of Tamarac Purchasing andContracts Division b. The contractor will submit an annual report to FDOT each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. 6. CIVIL RIGHTS The following requirements will apply to the awarded contract and any sub -contracts: (1) Act. e. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §623, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FHWA may issue. (2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance. 7. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of the contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, 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 provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). C. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. City of Tamarac PurchaSil7g andContracts Division 8. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) (1) General a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on anyaccount [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, 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 paragraphs 4 and 5 of this Section IV. b. 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. C. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. (2) Classification a. The City and/or FDOT shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The City and/or FDOT shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; City of Tamarac Purchasingand Contracts Divis on 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. C. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section 8 shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. f. The U.S. Department of Labor Wage Rates applicable to this contract are listed in Wage Rate Decision Number FL203, as modified up through ten days prior to the bid opening. The Wage Tables are included in this document. Review the Wage Tables for all classifications necessary to complete the project. If needed, request additional classifications needed prior to bid opening. General guidance on the use of Wage Tables is available on the FDOT website at www.dot.state.fl.us/construction/Wage.htm. The FDOT Wage Rate Coordinator may be contacted at 850-414-4251. (3) Payment of Fringe Benefits: a. 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 or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a 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 City or Tamarac Purchasing and Contrz-acts Division 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. (4) Apprentices and Trainees (Programs of the U.S. DOW and Helpers: a. Apprentices: 1. 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 DOL, 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/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. 2. The allowable ratio of apprentices to journeyman -level employees 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 employee 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 listed in 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 or subcontractor 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 -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. 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 journeyman -level 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 for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. 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 or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: 1. 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 City of Tamarac . PurchasincnonracDivision pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. , The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level 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 -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor 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. C. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section 8.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (5) Apprentices and Trainees (Programs of the U.S. DOT1: Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. (6) Withholding: The City shall upon its own action or upon written request of FDOT or an authorized representative of the DOL, withhold, or cause to be withheld, from the City of Tamarac ara ur Sil7 and Contracts Division contractor or subcontractor 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, as 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, all or part of the wages required by the contract, FDOT may, after written notice to the contractor, 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. (7) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. (8) Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her 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, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. (9) Withholdinn for Unpaid Wages and Liquidated Dama4es: The City or FDOT shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. 9. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) City of Tamarac Purchasingn Contracts Division (1) Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. (2) Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof 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. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section 8, paragraph 3b, has found 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 and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. C. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section 8, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section 9. 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 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/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 paragraph 2b of this Section 9 and that such information is correct and complete; City of Tamartic Parchasing and Contracts Division 2. that such 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 the Regulations, 29 CFR 3; 3. That each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section 9. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section available for inspection, copying, or transcription by authorized representatives of the City, FDOT, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the City, FDOT, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 10. RECORD OF MATERIALS, SUPPLIES, AND LABOR (1) On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1, 000, 000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA- 47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. C. furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to furnished materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. City of Tamarw .. Purchasing and Contracts Division (2) At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. 11. SUBLETTING OR ASSIGNING THE CONTRACT (1) The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. (2) The contract amount upon which the requirements set forth in paragraph 1 of Section 11 is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. (3) The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. (4) No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 12. SAFETY: ACCIDENT PREVENTION (1) In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the City or FDOT may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. City of Tamarac Purchasing and Contracts Division (2) It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). (3) Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 13. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project. The Notice shall read as follows: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more than $10, 000 or imprisoned not more than 5 years or both. " 14. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT City of Tamarac ur in and Contracts Division (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: (1) That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seg., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seg., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. (2) That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (3) That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. 15. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (1) Instructions for Certification — Prime Contractor: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. City of Tamarac Put-chasingsr)d Contracts Division d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non -procurement portion of the "Lists of Parties Excluded from Federal Procurement or Non -procurement Programs" (Non -procurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions City of Tamarac Purchasing n Contracts Division 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (2) Instructions for Certification - Subcontracts: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower City of Tamarac Purchasing and Contracts Division tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non - procurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Subcontracts and Purchase Orders: 1. The prospective that neither it nor its principals declared ineligible, or voluntarily department or agency. lower tier participant certifies, by submission of this proposal, is presently debarred, suspended, proposed for debarment, excluded from participation in this transaction by any Federal 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) (1) The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: City of Tamarac Purchasing and Contracts Division a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for in or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (2) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $101000 and not more than $100,000 for each such failure. (3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 17. BUY AMERICA All steel or iron used must be produced in the United States, in accordance with 23 CFR 635.410, as amended. All manufacturing processes, including grinding, drilling, welding, finishing or application of a coating, for such steel or iron materials, must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. If domestic steel or iron is taken outside of the United States for any process, it becomes foreign source material. If steel or iron will be a component of any manufactured product incorporated into the project, these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed $2,500. The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or noncompliance with Buy America. A certification form is attached. The contractor will also be required to provide, prior to incorporating the materials into the Project, certifications from the producer of steel or iron, or any produce containing steel or iron as a component, stating that all steel or iron furnished was produced entirely within the United States or was produced within the United States except for minimal quantities of foreign steel and iron valued at ($insert actual value). 18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (1) Pow. The contractor shall ensure that Disadvantaged Business Enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of this project. In this regard, the contractor shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts or subcontracts with respect to this Project. (2) DBE Availability Goal Percentage. The DBE Goal Percentage for this project is 8.6%. City of Tamarac Purchasing andContracts Division ` This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform the contractor of the work that could reasonably be contracted to a DBE. Contractors/Consultants and their sub-contractors/sub-consultants shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of the City of Tamarac contracts. (3) DBE Certification. Only DBE firm(s) certified by the FDOT Equal Opportunity Office shall be considered disadvantaged business enterprises for the purposes of this bid and any resulting contract. To verify whether a firm is certified as a DBE for the work being performed, the contractor must refer to the DBE Directory published by the FDOT Equal Opportunity Office on the Internet at: www.dot.state.fl.us/egualopportunityoffice/ or through the Florida Unified Certification Program at www.bipincwebapps.com/biznetflorida/. If the Internet is not available, call the Equal Opportunity Office for verification at (850) 414-4747. (4) Anticipated DBE Participation Statement. Contractor shall complete and submit the Anticipated DBE Participation Statement prior to the pre -construction conference through the FDOT Equal Opportunity Office on the Internet. A hard copy of the Statement should also be provided the pre - construction conference. The Statement must only include companies certified as a DBE. The Statement can and should be updated when additions or deletions are made through the life of the contract. This will not become a mandatory part of the contract. When reporting anticipated DBE utilization or actual payments, the following guidelines prescribed in the 49 C.F.R. Part 26 shall apply: a) When a DBE participates in a contract, count only the value of the work actually performed by the DBE toward DBE participation. b) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on the project. c) Follow the DBE reporting guidelines established by FDOT. (5) Reporting. Contractor shall report monthly, through the FDOT Equal Opportunity Reporting System on the FDOT website, actual payment, retainage, DBE status and work type of all subcontractors and major suppliers. Contractor shall develop a record keeping system to monitor DBE participation including the following: i) number and dollar value of contracts awarded to DBE subcontractors. ii) a description of the general categories of subcontracts awarded to DBEs. iii) the specific efforts employed to identify and award subcontracts to DBEs. All records relating to DBE participation and subcontracts shall be maintained for a period of five (5) years following acceptance of final payment. All such records shall be available for inspection by the City, FDOT or the Federal Highway Administration upon request. 19. BID OPPORTUNITY LIST. Federal regulations require the bidder to report on all firms that bid or quote subcontracts on FDOT-assisted projects, including both DBEs and non -DBEs. The Bid Opportunity List form must be completed by all bidders identifying ALL subcontractors who quoted to bidder for this project and contract. A form Bid Opportunity List form is attached and must be submitted with the bid proposal. 20. NON -COLLUSION Bidder shall submit the included Non -Collusion Certification with its bid proposal, certifying that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with its bid. City of Tamarac Purchasing and Contracts Division Failure to submit the certification with the bid will make the bid non -responsive and not eligible for award consideration. 21. STANDARDIZED CHANGED CONDITIONS CLAUSE (1) Differing site conditions. a) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract re encountered at the site, the party discovery such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. b) Upon written notification, engineer will investigate conditions, and if determined that the conditions materially differ and cause an increase or decrease in cost or time required for the performance of any work under the contact, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. Engineer will notify contractor of determination whether or not an adjustment of the contract is warranted. c) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. d) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (2) Suspensions of work ordered by the engineer. a) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. b) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. c) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. d) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. City of Tmartic Purchasing and Contracts Division (3) Significant Changes in the Character of Work. a) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. b) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. c) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. d) The term "significant change" shall be construed to apply only to the following circumstances: 1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or 2) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 22. CHANGE ORDERS Florida Department of Transportation (FDOT) and Federal Highway Administration (FHWA) approval shall be required on all construction contract changes. All such changes shall be documented on the FHWA Approval -Major and Minor Construction Changes, Form No. 700-010-47. 23. TIME EXTENSIONS. The City may grant an extension of Contract Time when it adds new work items or provides for unforeseen work, provided that the additional work actually impacts the contract critical path completion schedule. The City may also grant an extension of Contract Time when a critical path item of work is delayed by factors not reasonably anticipated or foreseeable at the time of bid or if failure of the City to fulfill an obligation under the contract results in delays to the schedule critical path. The City may consider the delays in delivery of materials or equipment that affect progress on a critical item of work as the basis for granting a time extension if such delays are beyond the control of the Contractor. Requests for time extensions due to delay in the delivery of custom manufactured equipment or fixtures will not be considered unless the contractor furnishes documentation that the order was placed in a timely manner and the lack of such equipment cased a delay in progress on a critical item. City of Tamarac Purchasing and Contracts Division Extensions of Contract Time will not be granted for delays due to the fault or negligence of the Contractor. No allowance for inclement weather should be made in establishing the Contract Time. The City may grant time extensions on a day for day basis for delays caused only by inclement weather conditions that prevent the contractor from productively performing critical path items where: (i) the contractor is unable to work at least 50% of the day on a pre -determined critical path item due to the weather; or (ii) the contractor must make major repairs to work damaged by weather provided that the damage is not due to the contractor's failure to perform and that the contractor is unable to work at least 50% of the day on pre -determined critical path items. 24. LIQUIDATED DAMAGES Applicable liquidated damages will be assessed in the following amount: $300/day. 25. CONTRACT CLAIMS BY CONTRACTOR Should the contractor intend to file a claim for additional monetary compensation, time or other adjustments to the contract and the City disputes the contractor's entitlement to the claim or the impact of the claim, Contractor must provide written notification to the City of contractor's intent to file a claim. This notice must be given before the contractor begins any work on which the claim is based. Failure of the contractor to notify the City before beginning work on any disputed items waives the contractor's right to claim. The contractor's notice of intent to file a claim should contain: (1) A statement as to what changed, including a description of the nature and extent of the change. (2) An indication of who directed or what caused the change. (3) A description of how the change has or will impact the contractor, including reference to any impacted critical activities on the contractor's latest accepted schedule update. (4) A statement of damages, or an estimate of damages if available, detailing the amount of compensation, time and/or other adjustment to the contract that is being requested. 26. DRUG -FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug -free workplace. The bidder shall complete and submit with its bid proposal the attached certification. Failure to include an executed certification may cause the bid proposal to be considered non -responsive. 1 27. SUSPENSION AND DEBARMENT The bidder shall complete and submit with its bid proposal the certification regarding debarment form included in this package, or an explanation as provided herein. The inability to provide the certification will not necessarily result in denial of participation in the project. The bidder shall submit an explanation of why it cannot provide the requested certification, which will be considered in evaluation of the bidder's bid package. However, failure by a bidder to furnish a certification or an explanation shall disqualify such bidder from this project. The bidder agrees by submitting its bid that should it be awarded the contract, it will not knowingly enter into any sub -contracts for this project with a person who is debarred, suspended, declared ineligible or excluded from participation in this transaction. The bidder further agrees that it will require the same certification in all solicitations for and from all sub -contractors on the project. City of Tamarac Purchasing and Contracts Division The certification is a material representation of fact upon which the City will rely. If it is later determined that the bidder rendered an erroneous certification, or knowingly entered into a sub -contract with a subcontractor who is debarred, suspended or ineligible, the City may terminate the contract for cause of default. 28. EQUIPMENT (1) Publicly Owned Equipment The policy definition of publicly owned equipment is "equipment previously purchased or otherwise acquired by the public agency involved for use in its own operations." The policy goes on to state that"... publicly owned equipment should not normally compete with privately owned equipment on a project to be let to contract." (2). Equipment Rental Rates. Contractor shall comply with the cost principles and procedures set forth in 48 C.F.R. Part 31. Reasonable costs of renting construction equipment are allowable; but the allow ability of charges of equipment rentals from any division, subsidiary of organization under common control of contractor will be determined in accordance with 48 C.F.R. Sec. 31.205-36(b)(3). 29. MATERIALS (1) Source of Supply; Convict Labor. Materials produced by convict labor are prohibited from use on this project unless specific written authority for such use is obtained from FDOT and: (i) such materials are produced by convicts on parole, supervised release, or probation from a prison. (2) No Local Preference. The contractor must furnish all materials to be incorporated in the work, and the contractor shall be permitted to select the sources from which the materials are to be obtained. The City shall not impose any requirement or enforce any procedure which operates to require the use of, or provides a price differential in favor of, articles or materials produced within the State. 30. SALVAGE CREDITS. There will be no credit to the project as a result of salvaged materials or equipment. 31. SUBCONTRACTING (1) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent of contract work with its own organization. This percentage shall be of the original contract price, exclusive of specialty items, but include the cost of materials and manufactured products purchased or produced by the prime contractor. (2) Subcontract approval. No portion of the work may be sublet, assigned, or otherwise subcontracted without the written consent of the City. Subcontract approval shall be based on satisfactory evidence that each subcontract is in writing and contains all the pertinent provisions. The approval of a subcontract does not relieve the contractor of responsibility for fulfillment of the contract. 32. ACCESS TO RECORDS (1) The Contractor agrees to provide the City, FDOT, FHWA, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the contract for the purposes of making audits, examinations, excerpts and transcriptions. (2) The Contractor agrees to maintain all books, records, accounts and reports required under the contract for a period of not less than five years after the date of termination or expiration of the contract, except in the event of litigation or settlement of claims arising City of Tamarac Purchasing and Contracts Division from the performance of the contract, in which case Contractor agrees to maintain same until the City, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 33. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) The Contractor, acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seta and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FHWA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FHWA, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 34. NO OBLIGATION BY THE FEDERAL GOVERNMENT (1) Absent the express written consent by the Federal Government, the Federal Government or the Federal Highway Authority is not a party to the contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. GENERAL CONDITIONS AND TERMS Section Caption GC 1 Definitions GC 2 Execution, Correlation, and Intent GC 3 Contractor Liable and Responsible to Owner City of Tamarac Purchasing and Contrracts Division GC 4 Engineer's Status GC 5 Design, Drawings and Specifications GC 6 Materials, Labor, Equipment GC 7 Permit and Fees GC 8 Project Manager GC 9 Subcontractors and Suppliers GC 10 Contractor Meetings GC 11 Scheduling GC 12 Schedule of Values GC 13 Land for Work GC 14 Survey, Lines and Grade GC 15 Site Conditions GC 16 Subsoil Conditions GC 17 Surface and Subsurface Water GC 18 Contractor Work Area GC 19 Contractor -Furnished Materials, Equipment and Workmanship GC 20 Protection of the Work and Property GC 21 Utilities GC 22 Delivery Unloading and Storage GC 23 Fire Protection GC 24 Illumination GC 25 Dust Control GC 26 Pollution Control GC 27 Explosives and Hazardous Materials GC 28 Labor GC 29 Safety GC 30 Progress GC 31 Inspection GC 32 Testing GC 33 Substitution GC 34 Correction of Defective Materials or Workmanship GC 35 Correction of Work GC 36 Owner's Right to Correct or Complete Work GC 37 Changes in Work GC 38 Use of Completed Portions GC 39 Cleaning Up GC 40 Basic Requirements Prior to Substantial Completion GC 41 Final Inspection and Acceptance GC 42 Extension of Time GC 43 No Damages for Delay; Exclusive Remedy GC 44 Payment Procedure GC 45 Liens GC 46 Surety or Performance Bond City of Tamarac R Purchasing and Contracts Division GC 47 Insurance GC 48 Indemnity GC 49 Dispute Resolution GC 50 Owner's Right to Terminate Contract for Cause GC 51 Suspension or Termination by Owner for Convenience GC 52 Contractor Obligations Upon Termination GC 53 Removal of Equipment GC 54 Warranty GC 55 Royalties and Patents GC 56 Verbal Agreements GC 57 Miscellaneous Provisions GC 58 Contractor Forms City of Tamarac Purchasing and Contracts Division GC 1 DEFINITIONS (a) The "Owner", the "Contractor", and the "Engineer" are treated throughout the Contract as if each were of the singular number and masculine gender. (b) "Engineer" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the City or the designed staff engineer of the Public Utilities Department of the City/County. (c) "Subcontractor" includes only those having a direct contract with the Contractor, and it includes one who furnishes material worked to a special design according to the plans and specifications of this work but does not include one who merely furnishes material not so worked. (d) The term "work" means the construction services required by the Contract Documents/ this Agreement and requires all labor, materials and services to be provided by the Contractor to fulfill the Contractor's obligations under this Agreement. GC 2 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: The Contract Documents shall be executed in two original sets by Owner and Contractor. The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any conflict among the Contract Documents, the Documents shall be construed according to the following priorities: First Priority: Second Priority: Third Priority: Fourth Priority: Fifth Priority: Sixth Priority Seventh Priority Specifications (quality) Drawings (location) Special Terms General Terms and Conditions Contract Documents Invitation to Bid Contractor's Bid In any event of inconsistency, however, the latest, and more stringent, or technical, or the greater quantity requirements shall control the work to be performed by the Contractor. CG 3 CONTRACTOR RESPONSIBILITIES. a) The Contractor shall be held liable to the Owner for the performance of all work provided for under this Contract. These specifications make no attempt to fix the scope of the work of any subcontractor nor the responsibilities of the subcontractors. b) Contractor shall provide all labor, materials, equipment, tools, construction equipment and machinery, heat, utilities, and other facilities and services necessary for the property execution and completion of the Work. c) Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the work. Contractor shall be solely responsible for the engagement and management of any subcontractors used to perform any portion of the work. d) The Contractor shall be liable to the Owner for materials furnished. This shall include all materials whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material and the Contractor feels the same is not fabricated in good workmanlike manner, he shall forthwith advise the Engineer and the Owner thereof in writing. e) The Contractor shall provide for each of the following activities: City of Tamarac Putchasing and ContractsDivision (1) Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. (2) Maintain a roster of subcontractors will name and contact telephone numbers for key personnel. (3) Provide a safety program for the project and conduct a safety meeting prior to commencing work. f) Any disputes which may arise in this connection between the Contractor and any subcontractor must be settled between the parties concerned. The Owner will not undertake nor be in any way responsible for the settlement of such disputes. GC 4 ENGINEER'S STATUS. a) The Engineer will provide observation of the Contractor's activities and progress of the work. The Engineer will make complete and thorough inspections of all construction, draft change orders, and verify and certify partial and/or final payments due to the Contractor. The Engineer may, during the life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the work. b) The Engineer shall have authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. He shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. c) The Engineer will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the work or the interpretation of the Contract documents. All such decisions of the Engineer shall be final. GC 5 DESIGN, DRAWINGS AND SPECIFICATIONS. a) The Owner through the Engineer, or the Engineer as the Owner's representative, shall furnish plans and specifications which completely represent the requirements of the work as far as practical to be performed under the Documents and shall be true developments thereof. The Owner will be responsible for the adequacy and sufficiency of the plans and specifications. The Owner or Engineer will provide the Contractor with copies of all drawings and specifications, not to exceed four (4) complete sets, for the execution of the work. b) The specifications and the drawings accompanying them are intended to describe and provide for a finished piece of work; they are intended to be complementary and what is called for by either shall be as binding as if called for by both. The Contractor understands that the work shall be complete in every detail, notwithstanding every item necessarily involved is not particularly mentioned, and the Contractor shall be held to provide all labor and material necessary for the completion of the indicated work. c) The Contractor shall, immediately upon receipt of the drawings, check all drawings furnished and shall promptly notify Owner of any illegibility, errors, omission, defect or discrepancies discovered in such drawings and shall comment as appropriate upon construction feasibility and practicality. The Contractor shall perform work only in accordance with the permitted drawings and any subsequent revisions thereto. d) If the permitted drawings change the scope of the work, the Contractor shall notify the owner and Engineer within seven (7) days of receipt of the permitted drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform the work at his expense and complete the work according to schedule and in no event shall Contractor recover delay or consequential damages. City of Tamarac Purchasingand Contrracts Division e) The Contractor shall keep at the work site one (1) copy of all permitted drawings and specifications kept current with all changes and modifications and shall at all times give the Owner, the Engineer and all trades performing at the project, access thereto. Balance of page intentional left blank City of Tamarac PurchaSh7g and Contracts Division GC 6 MATERIALS, LABOR, EQUIPMENT. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. GC 7 QUALITY ASSURANCE Contractor shall develop, implement and maintain a plan for the work which quality assurance and management and control of the construction services. Contractor shall maintain an adequate inspection system and perform such inspections as will assure that the work performed conforms to the requirement of the Contract Documents. CG 7 PERMITS AND FEES. All Permits or licenses necessary for the performance of the work or required by law or ordinance, including Building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided. in the Special Terms. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. Owner shall be responsible for obtaining any necessary easements. For construction of a building, Owner shall be responsible for all City/County Construction Services plan and permit review fees GC 8 PROJECT MANAGER. The Contractor shall keep during the term of this Agreement a competent Project Manager and any necessary assistants, all satisfactory to the Engineer and Owner. The Contractor shall advise the Engineer, in writing, within ten (10) days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in charge of the project, together with amount of his authority to represent the Contractor, along with the Project Manager's cell phone number. The Owner and Engineer shall be able to reach the Project Manager at his cell phone number at all working hours. The Project Manager shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. The Contractor shall give sufficient superintendence to the work using his best skill and attention. If the Contractor, in the course of the work finds any discrepancy between the plans and the physical conditions of the locality, or any errors or omissions in plans or in the layout as given by survey points and instructions, he shall immediately inform the Engineer and the Owner, in writing, and the Engineer will promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. Neither party shall employ or hire any employee of the other party without his consent. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. GC 9 SUBCONTRACTORS AND SUPPLIERS. a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub -contractors or suppliers for the Project. The Contractor shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the work under the Contract and that any review of Subcontractors, Sub -subcontractors or suppliers by the Owner or Engineer will not in any way make the Owner responsible to any Subcontractor or Sub -subcontractor or suppliers, nor will it make the Owner responsible for the actions or omissions of any Subcontractor or Sub -subcontractor or suppliers. b) By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract and Contract Documents, including but not limited to the insurance requirements for workers' compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all Subcontractor Agreements. Each subcontract agreement shall preserve and protect the City of Tamarac PurchaSil7g and Contracts Division rights of the Owner under the Contract Documents with respect to the work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. Contractor shall include in all subcontracts a provision requiring the Subcontractor to consent to an assignment of the subcontractor to the Owner. c) All subcontracts shall provide the following exact language" Sub -contractor "expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its' control, including delays claimed to be caused by the City or its Engineer and agrees that its exclusive remedy shall be an extension of its contract time.)) d) The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under contract conditions identical or substantially similar to these. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in GC 37-Changes in Work. The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. e) If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. GC 10 CONTRACTOR MEETINGS The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the work under the Contract. The Owner, or its Engineer, will distribute typed minutes of each meeting to all attendees. GC 11 SCHEDULING. a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, construction and Owner occupancy, in addition to activities and interfaces with other Contractors at the work site, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. Contractor agrees to complete the work and Project in accordance with the agreed construction schedule as amended by duly executed change orders. City of Tamarac Purchasing and ontr-icts ,Division -------------------------- b) At the end of each calendar month, Contractor shall update and/or revise the construction schedule to show the actual progress of the work performed and the occurrence of all events which have affected the progress of performance of the work already performed or will affect the progress of the performance of the work yet to be performed, in contrast with the planned progress of performance of such work. Each such update and/or revision to the construction schedule shall be submitted to the Owner and Engineer. Failure of the Contractor to develop, update, revise, or submit the construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a schedule or schedule update is submitted. c) The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer of the potential schedule change within three (3) days of a commencement of delay or knowledge of a potential delay. Prior to requesting a time extension, Contractor shall execute some or all of the following remedial actions at Contractor's sole cost and expense: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment, or any combination of the foregoing to eliminate the backlog. 3. Reschedule the work in conformance with specification requirements. d) Neither the Owner nor the Contractor shall be considered to own the schedule float time. GC 12 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Special Terms or later than the scheduled completion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Special Terms shall be paid by Contractor for unexcused delay in performance of the work.. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Special Terms are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. GC 12 SCHEDULE OF VALUES. Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer, a schedule of values, by phases of work, to show a breakdown of the Contract Price corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Change Orders are to be added as separate line items. GC 13 LAND FOR WORK. Contractor's access to the site and storage areas shall be as shown on the plans and as designated by the Owner. Access routes may also be used by City employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to the Work under this Contract is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. Owner, and its duly authorized employees and representatives, and representatives of all governmental agencies having jurisdiction over work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner, its representatives and employees, to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. City of Tamarac Purchasing and Contracts Division GC 14 SURVEY, LINES AND GRADE Unless otherwise specified, the Engineer shall furnish all land survey control points, base lines and benchmarks for the location of the work. The Contractor shall be responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such base lines, points and elevations. From the information provided by the Engineer, the Contractor shall develop and make all detail surveys and establish lines and grades as required. The Contractor shall keep the Engineer informed as to his needs for base lines or bench marks in order that the same may be furnished and all necessary measurements made for the record with a minimum of inconvenience to the Engineer or delay to the Contractor. GC 15 SITE CONDITIONS. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work and the general and local conditions, and particularly, but without limitation, with respect to the following: conditions affecting the transportation, access, disposal, handling and storage of materials; the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; and all other matters which can in any way affect eh performance of the Contract or the cost associated therewith. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the work. GC 16 SUBSOIL CONDITIONS. Unless otherwise stipulated in the plans and specification, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions. GC 17 SURFACE AND SUBSURFACE WATER The control of surface and subsurface water by Contractor shall be permitted by the proper regulatory agencies, with copies submitted to Owner. Contractor shall immediately remedy any permit violations and shall be responsible for any fines or penalties assessed by such agencies for permit violations. GC 18 CONTRACTOR WORK AREA Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking to the areas so assigned. Should Contractor find it necessary to use any additional land outside the work site for any purpose, Contractor shall, at its expense, provide for the use of any such additional land. GC 19 CONTRACTOR -FURNISHED MATERIALS,_ EQUIPMENT AND WORKMANSHIP Contractor shall provide and use on any work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the drawings and specifications within the established schedule. Only new, unused materials and items of. recent manufacture, of designated quality, free from defects, will be accepted. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind and quality of materials. Contractor shall utilize lumber, timber and other forest products produced and manufactured in Florida when such products are available and their price, fitness and quality are equal to comparable products. Upon written order of the Owner, Contractor shall discontinue operation of unsatisfactory plant, equipment and/or facilities. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract. (F.S. 255.20) Where Contractor supplied drawings are required for planning or performance of the work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for property installation. Such drawings shall be submitted by and at the expense of Contractor. At least 21 days shall be allowed for review by Owner. If drawings show variations from the contract requirements, the Contractor shall describe such variations in writing at the time of submission. City of Tamarac _ Purchasing and Contracts Division Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials develop or selected by the Contractor and does not relieve Contractor from full compliance with contractual obligations. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the work without such review. At least 21 days shall be allowed for Owner's review. The Owner or Engineer shall notify the Contractor of defective or unacceptable work if the Owner discovers such. No work defect in construction or quality, or deficient in meeting any requirement of the Contract, drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer relieve Contractor from ensuring the quality of the work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective work or improper materials. GC 20 PROTECTION OF THE WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all work from loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from theft, injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the premises, which, as determined by Owner, do not reasonably interfere with the performance of the work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. All cost in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor. Where practical, Contractor shall erect a temporary fence around the work site. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner wither three (3) days of each incident. Until final acceptance of the work by the Owner, the Contractor shall have full and complete charge or and shall bear all risk of loss of, and injury or damage to, the work performed under this Contract, or any portion thereof, including materials, Owner -furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties, except such as may be directly due to errors in the Contract documents which the Contractor did not or could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. GC 21 UTILITIES The Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary utilities. Contractor shall conduct its operations so as not to damage, close or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. GC 22 DELIVERY UNLOADING AND STORAGE Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage to the construction site, all materials, plant and equipment required for the performance of the Contract. Material and equipment subject to degradation by outside exposure shall be stored in a weather -tight enclosure provided by Contractor at its expense. r .City of Tamarac PurchaSil7g and Contracts Division GC 23 FIRE PROTECTION All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. GC 24 ILLUMINATION When any work is performed when daylight is obscured or at night, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. GC 25 DUST CONTROL For the duration of the contract, the Contractor shall, at its expense, maintain all excavations, roads, plant sites, borrow areas and all other work areas free from dust. Code -required or industry - accepted methods of dust control suitable for the area involved and approved by Owner will be permitted. GC 26 POLLUTION CONTROL Contractor shall, at its expense, perform its work so as not to discharge into the atmosphere, any body of water, the ground or groundwater, from any source, smoke, dust or other contaminants in violation of the laws, rules and regulations of all federal, state and local air and water pollution requirements. Contractor shall, at its expense, provide suitable facilities to prevent any such discharges. Contractor shall immediately report to Owner and appropriate authorities any spill of contaminant. GC27 DEBRIS DISPOSAL All debris shall be legally disposed of at licensed disposal site(s). GC 27 EXPLOSIVES AND HAZARDOUS MATERIALS Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered within the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material hazard Data Sheets for all applicable hazardous materials used in the course of the work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub -contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, action or liability resulting from such contamination and remedial actions. GC 28 LABOR Contractor shall employ only competent and skilled personnel to perform the work. Contractor shall, if requested by Owner, remove from the jobsite any personnel of Contractor who is determined by Owner to be unfit or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding labor. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the Owner. GC 29 SAFETY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. The Contractor shall provide and maintain all necessary watchmen, barricades, warning lights, and signs and take all necessary precautions for the protection of all persons involved in the work, the public, and all employees or representatives of Owner. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. City of Tamarac Purchasing ing and ontrac Division GC 30 PROGRESS During construction, Contractor shall keep a marked -up and up-to-date set of drawings showing as -built conditions on that site as an accurate record of all deviations between work as shown and work as installed. These drawings shall be available to Owner and Engineer for inspection at any time. During construction, Contractor shall keep a marked -up and up -to date set of specifications showing as -is conditions on the site annotated to clearly indicate all substitutions or product selections that are incorporate into the work. These specifications shall be available to Owner and Engineer for inspection at any time. If at any time Contractor's actual progress is inadequate to meet the requirements of the Contract, Owner may so notify Contractor who shall thereupon, at its expense, take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled, the Owner may declare a default of this Contract. GC 31 INSPECTION. Engineer: The Owner may provide Engineering personnel for the observation of the work. The Owner, Engineer and their representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, applicable laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for observation and, if the observation is by another authority than the Engineer, of the date fixed for such observation. If any work should be covered up prior to any quality inspection or test by Owner or Engineer, it must, if required by the Engineer, be uncovered for inspection and properly restored at the Contractor's expense. GC 32 TESTING Unless otherwise provided in the Contract, drawings or specifications, shop testing of material or work shall be performed by the Contractor at its expense and in accordance with the technical specifications. Should tests in addition to those required by the specifications be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's work or materials having failed any initial test. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of work during testing. GC 33 SUBSTITUTION. The naming of a specified product of specific manufacturers for equipment or materials under the various items of specifications or as shown on the plans shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the materials are specifically designated as not permitting substitution. Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is equal or better to that specified, that such item will fit into the space allocated, that such item affords comparable ease of operation , maintenance and service, that the appearance, longevity and suitability for the climate are comparable, that by reason of costs savings, reduced construction time or similar demonstrable benefit, the substitution of such item will be in Owner's interest and will in no way detrimentally impact the project schedule. The burden of proof that such an item offered is equal in all respects to that specified shall be the Contractor's. Contractor shall submit drawings, samples, data and additional information as may be required by Owner. All requests for substitutions, with supporting information, shall be submitted by and at the expense of Contractor. At least 35 days shall be allowed for Owner's review. City of Tamarac Purchasing and ContractsDivision The Owner or its Engineer shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contractor. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. Contractor may make only two requests for substitution in the same category and Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests, unless otherwise approved by Owner. GC 34 CORRECTION OF DEFECTIVE MATERIALS OR WORKMANSHIP If any material, equipment or workmanship is determined by Owner, either during performance of the work, during final quality inspection or during the warranty period, to be defective or not in compliance with the specifications and the Contract, Owner shall notify Contractor in writing that such material, equipment or work is rejected and the Owner reserves the right to withhold payment on any such item. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or work by making the same strictly comply with all requirements of the drawings, specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been damaged or that was not performed in accordance with the drawings, specifications and contract, an equitable deduction from the contract price shall be made for such work. GC 35 CORRECTION OF WORK. The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall promptly replace and re -execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. Contractor further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the drawings and specifications for a period of one year from the final certificate of occupancy for the project (or equivalent) or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the specifications Contractor shall commence final completion of nonconforming work and correction of the work within seven (7) days of written notice by the Owner and shall perform all such work in compliance with the objective standards commonly found in the construction industry of Palm Beach County, Florida. If the Engineer or the Owner deems it inexpedient to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. GC 36 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming work or fail to perform any provisions of this Contract, the Owner may, after three (3) calendar days written notice and opportunity to cure to the Contractor, without prejudice to any other remedy Owner may have, make good these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GC 37 CHANGES IN WORK. The Owner, without invalidating the Contract, may order written additions to or deductions from the work, the Contract price being adjusted accordingly. The Engineer, with the consent of the City, will have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of the work. If the Contractor believes that a variation or change justifies a modification in the Contract price, the Contractor may submit a request for change order at its expense. If a request for change order is made, the Contractor is not authorized to vary the work unless a written Change Order or written Construction Change Directive is issued by the Engineer and executed by the Owner. No change order shall be valid unless executed by the authorized signatory of the Owner. The Engineer is not authorized to bind the Owner to change in contract price or time. The Contractor shall notify the Engineer within seven (7) days of any occurrence which, in the opinion of the Contractor, entitles it to an adjustment of the Contract price or a time extension. The Engineer will respond to the request for change order within ten (10) days of receipt of the Contractor's notice. For the purposes of this paragraph, a day City of Tamarac Purchasing and Contracts Division ------------- shall be defined as any business day, Monday through Friday, excluding holidays. The Engineer and Owner may issue an executed change order authorizing any changes in the Work, adjustments in the Contract price and extensions of time. Agreement on any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the change in the work which is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract price and the Contract time. If a change order is not yet approved or cannot be agreed upon, the Contractor is authorized, upon issuance of a written Construction Change Directive (CDD) prepared by the Engineer and approved by the Owner, to proceed with such change on a time and material basis plus ten percent (10%). The Contractor expressly acknowledges that commencing work without a written Change Order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to additional sums or time. Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for changes performed under a CDD, such approval shall be recorded by the preparation of a change order. The Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a change order. The Engineer shall have the authority to order minor changes in the work which do not involve adjustment to the Contract price or time and which are not inconsistent with the intent of the contract documents. A bond rider from the Surety shall be submitted to the City with each change order that increases the Contract price. GC 38 USE OF COMPLETED PORTIONS. The Owner shall have the right to take possession of and use any substantially completed portions of the work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any contract provisions; provided that the Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the completion of remaining portions of work, Contractor shall be entitled to an equitable adjustment under the contract. GC 39 CLEANING UP. Upon completion of any portion of the work, the Contractor shall remove at his own expense from the Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from his operations. Contractor shall make its own arrangements, at its own cost, for disposal of rubbish and waste materials. The Owner reserves the right to retain any surplus or salvage materials. CG 40 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION The following items shall be completed as a condition precedent to substantial completion and prior to a request by the Contractor for inspection for substantial completion. In the event the Contract does not define substantial completion, the following are also conditions for final completion and acceptance: 1. All general construction completed and the project components shall be clean and all systems fully functional. 2. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned and ready for use. 3. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. 4. Issuance of all permits and certificates, inspections, and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 5. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. "i y of Tamarac Purchasing and Contracts Division 6. All sets of operation and maintenance manuals for all equipment shall have been submitted, as referenced in the technical specifications. 7. Manufacturers' certifications and warranties shall be delivered to Owner. 8. All operations and maintenance manuals for all equipment shall be delivered to Owner. 9. All required spare parts, as well as any special devises and tools shall be delivered to Owner. 10. All keys and blanks shall have been provided. 11. Punch list of items required to render the construction services complete, satisfactory and acceptable to the Owner. If the Contract provides for a multi -phased or multi -structure project, a punch list must be developed for each phase or structure. Contractor shall arrange a joint site and project inspection(s) with Engineer for inspection for substantial completion and development of a punch list for the completion of construction services. Said punch list shall be prepared not later than thirty (30) days after the inspection for substantial completion. Punch list items recorded as a result of inspections for substantial completion shall be corrected by the Contractor prior to any request for final inspection and acceptance. If substantial completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer or design professional for any subsequent inspections for the purpose of determining substantial completion shall be the responsibility of the Contractor and shall be assessed against the final payment application. GC 41 FINAL INSPECTION AND ACCEPTANCE The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 1. Completion of all punch list items recorded from the substantial completion inspection. 2. A complete set of mylar or paper marked -up as-builts with "RECORD" or "AS BUILT" clearly printed on each sheet along with one copy on AutoCAD CD Release 14 or better on State Plane Coordinates. Contractor shall accurately and neatly transfer all deviations from progress as-builts to final as-builts. As -built records shall include drawings signed and sealed by a registered land surveyor certifying the elevation and location of improvements. Certified drawings are to show locations, lines and grade of buried pipe line four (4) inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the work. Certified drawings are to show building corners, sidewalks, paved areas and the location of all above ground structures within the project site. Contractor shall sign each final record drawing and note thereon that the final as-builts are complete and accurate. 3. A complete set of marked -up specifications with "RECORD" or "AS -BUILT" clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from progress specifications to final as-builts. 4. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the work. 5. A list of each piece of equipment having an individual value of $500 or greater. The list shall include, at a minimum, the name, make and model number, quantity installed, value of equipment. Contractor shall inform Owner in writing that work is ready for final inspection. The Engineer will, within five (5) business days, make such inspection. When Engineer finds the work acceptable under the Contract and all contract terms and conditions fully performed, Engineer shall issue a Final Certification to Owner. GC 42 EXTENSION OF TIME. The time limit for the completion of the work as described in the Contract is of the essence of this Contract. Contractor must request an extension of the contract completion date in writing and must provide the following information within seven (7) days of commencement of the delay. Contractor acknowledges that the evaluation of time extensions will be based on the following information: 1. All schedule updates, submittals and other conditions of the Contract have been met; City of Tamarac PurchaSil7g and Contracts Division 2. The delay is beyond the control of the Contractor and subcontractors and due to no direct or indirect fault of the Contractor. 3. Nature of the delay. 4. Dates of commencement / and end of delay. 5. Evidence delayed work results in a direct delay to the schedule critical path. 6. List of tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Recommended action to minimize delay. 9. The Contractor has used all the float time available for the work involved in the delay request. Time extensions for weather delays will only weather occurrence. Failure of Contractor to Contractor and a denial of a time extension. be considered if all float time is exhausted prior to the timely request a time extension constitutes a waiver by If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, or if any employee of the Owner or by any separate Contractor employed by the Owner or by any changes ordered in the work, by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control or by delay authorized by the Owner pending resolution of disputes, and such delay extends the Project completion date, Substantial Completion shall be extended by Change Order for such reasonable time as the Owner may determine. GC 43 NO DAMAGES FOR DELAY: EXCLUSIVE REMEDY. The Contractor expressly agrees that a change order for an extension of the project completion. date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact -based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by the Owner, Engineer, or agents of either, and waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to the Contractor as compensation for damages for any delays in the work, whether such delay be avoidable or unavoidable. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. GC 44 PAYMENT PROCEDURE. GC 44.1 Contractor's invoices shall reference the bid number. Submittals of estimates and invoices for payment must be directed to: City/County — Accounts Payable, The City will not be responsible for any delay in payment at the City if Contractor submits his estimate and invoice to any other address. The City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful Contractor have the capability to accept a Visa Procurement/Credit card as a means of payment. GC 44.2 Initial Payment. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer: 1. List of Subcontractors and suppliers 2. Project schedule City of Tamarac Purchasing and Contracts Division 3. Schedule of values mm 4. All current certificates of insurance 5. Designation of Contractor's Project Manager GC 44.3 Progress Payments. Not more than once each month, the Contractor shall prepare and submit a detailed estimate and payment request on payment forms provided by the City, covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall also include the cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. Partial Release(s) of Lien and Subcontractor Utilization Report shall be submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers. GC 44.4 In accordance with the Local Government Prompt Payment Act, until the Project is determined to be 50% complete, the Owner shall withhold retainage of ten percent (10'%) from each progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. GC 44.5 After Project is determined to be 50% complete, Owner shall withhold retainage of five percent (5%) from each progress payment pay to Contractor based on Contractor's estimate and invoice as approved by Engineer. It is agreed Engineer shall have the right to finally determine the amount currently due to the Contractor. Contractor may present to Owner a payment request for up to one-half of the retainage held by Owner. If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold such retainage. GC 44.5 Final payment may be made to certain select Sub -contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon advance written approval of the Owner and Surety. GC 44.6 If there remain items to be completed, the Contractor and Owner shall list those items required for completion and the Contractor shall require the retainage of a sum equal to 200% of the estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately. GC 44.7 The Contractor shall timely pay and not withhold payments to Sub -Contractors if such payments have been made to the Contractor. Should this occur for any reason, the Contractor shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required. GC 44.8 Substantial Completion. Following determination by the Engineer of substantial completion, Contractor shall separately list each item of the punchlist required for final completion and the estimated cost of completing each item. Provided all pre -requisites for substantial completion have been met, Contractor may submit a special payment request along with the cost list for unfinished work. The City may retain a sum equal to 150% of the estimated cost of completing the unfinished items. GC 44.9 Final Payment. In case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a Surety or Performance bond. Upon issuance of a Final Certification by Engineer, and completion of all of the following items, Contractor may submit its final invoice. City of Tamarac Purchasinq andontr c s Division 1. Notarized and corporate sealed Final Release of Liens from all sub -contractors and suppliers. 2. Notarized and corporate sealed Final Release of Liens from Contractor. 3. Consent of surety for final payment. 4. All pre -requisites for substantial completion and final completion have been met. The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled. GC 44.10 Withheld Payments. The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against the Contractor. C. Failure of the Contractor to make payments to sub -contractors or for material or labor. d. Damage to another Contractor. e. Contractor is in default of any contract condition. f. Contractor fails to submit information required by this Contract. g. Contractor consistently fails to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid. i. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or the Contractor provides a Surety or Performance Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. GC 44.11 The provisions of the Local Government Prompt Payment Act, Section 218.70 et seq, Fla. Stat., are incorporated by reference herein. The Act provides payment due dates, addresses, interest and payment dispute resolution. GC 45 LIENS. Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Owner complete releases of all claims or liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed; but the Contractor may, if any sub -contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety or Performance Bond). If any claim or lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fee. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. GC 46 CONSTRUCTION PERFORMANCE BOND. (if required) (A) In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide • to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material Payment Bond ("Bond") each in an amount not less than the total Cost of the City of Tainarac N; . Purchasing and Contracts Division Project as defined in Article II. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." (B) Contractor's Surety agrees, moreover, to be bound by all terms and conditions related to delay and liquidated damages. Except as otherwise agreed to in writing, the Contractor's Surety waives all rights against the Owner and any of its agents and employees, for damages or other causes of loss by Contractor's Surety performance of its obligations under the performance bond, including claims by Contractor's Surety against the Owner for costs it asserts were not warranted by these Contract Documents and excluding only such rights as they have to proceeds of such insurance held by the Owner as fiduciary. This waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the bond premium directly or indirectly, and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged. (C) To be acceptable to The Owner as Surety for this Project, a Surety Company shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to Proposal is issued. (5) The Surety Company shall have at least the ratings of A -Class V in the latest issue of Best's Key Rating Guide. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co -surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. GC 47 INSURANCE. 1. The Contractor shall maintain and pay for such insurance, issued in the name of the Owner and naming the Owner as an Additional Insured, with such coverages as will protect the Owner from contingent liability under the Contract, as set forth in the Special Conditions City of Tamarac Purchasing and Contracts Division 2. Coverages. Shall meet or exceed the listed limits as contained in Owner's Bid Document, 01-1313, "Terms & Conditions" section, Page 5 & 6, Para., 25. 3. The Certificate of Insurance and policy endorsements or riders shall name the City/County as "ADDITIONAL INSURED" with respect to all Liability coverages. Contractor shall provide evidence of continued coverage in the event of renewal or policy termination. Owner may withhold payment to Contractor until evidence of insurance coverage is received. 4. These insurance requirements shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. 5. The Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the work. 6. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 7. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. GC 48 INDEMNITY. Contractor agrees to protect, defend, reimburse, indemnify and hold the Owner, its agents, employees and elected officers and each of them (collectively), free and harmless at all times from and against any and all claims, liability, expenses, losses, suits, costs, fines and damages, including attorney fees and costs, and causes of action of every kind and character against the Owner by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or incident to or in connection with Contractor 's performance under this Contract, Contractor's acts, omissions or operations hereunder, the site conditions, or the performance, non-performance or purported performances of the Contractor or any breach of the terms of this Contract; to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons or entities employed or utilized by Contractor in its performance. (§725.06 F.S.) The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. GC 49 DISPUTE RESOLUTION. Final Completion. Notwithstanding any other provision, the parties agree that any unresolved dispute regarding the punch list or any other requirement for Final Completion shall be mediated with the Engineer as the mediator. Waiver of Arbitration. The Owner and Contractor agree expressly waive any and all provisions regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents. GC 50 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE. City of Tamarac Purchasing and Contracts Division If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to maintain an established schedule (30 days behind a critical path activity), to supply enough properly skilled workmen or proper materials; or if he should fail to make prompt payments to subcontractors or for material or labor or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise fails to conform to the Contract requirements or abandons or refuses to perform any work, Owner may without prejudice to any other right or remedy, and after giving the Contractor and its Surety seven (7) calendar days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon, and finish the work by whatever method Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until Contractor cooperates with Owner and complies with all reasonable requests regarding the terminated work, the work is finished nor shall it be relieved from its obligations. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, this excess shall be paid to the Contractor. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). If the Contractor's surety is directed or agrees to complete the Work, then all payments due after termination shall be made to the Surety until the Work is finished and the Contract price has been expended. The Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill all obligations of the Contract Documents for the Contract price in effect as of termination. The Surety may not assign those obligations without the written consent of the Owner. The Surety shall be responsible for the payment of all costs relating to the termination of the employment of the Contractor. Contractor and its surety shall be jointly and severally liable for all costs in access of the Contract price for completion of the work and for liquidated damages. If, upon termination for cause it is determined that Contractor was not in default, the rights and obligations of the parties shall be as if the notice of termination has been issued for the Owner's convenience. GC 51 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE. 1. The Owner may, at any time, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine, or to terminate all or a portion of the Contract for the Owner's convenience. Upon such termination, Contractor waives any claim for damages, including loss of profits. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the Owner orders a suspension, the Contract price and Contract time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or that an equitable adjustment is made or denied under another provision of this Contract. GC 52 CONTRACTOR OBLIGATIONS UPON TERMINATION. Upon receipt of written notice from the Owner of termination, the Contractor shall cease operations as directed by the Owner in the notice; take actions necessary, or that the Owner may direct, for the protection and preservation of the work; and except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and turn over all marked up drawings and specifications showing progress to date. The Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that the Contractor has previously undertaken or incurred in good faith in connection with said Project. Owner shall reimburse the Contractor for any unpaid and earned Cost of the Project as of the date of termination, less damages or setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such obligations or commitments. City of Tamarac Purchasing and Contracts Division GC 53 REMOVAL OF EQUIPMENT. In the case of termination of this Contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and supplies from the property of the Owner, failing which the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor. GC 54 WARRANTY. Contractor shall warrant that all materials and equipment included in such Work will be new except where indicated otherwise in Contract Documents, and that such work will be of good quality, free from improper workmanship and defective materials and in conformance with the drawings and specifications. Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design, materials and workmanship for a period of twelve (12) months from Final Payment, unless longer warranties are provided in the Contract Documents in which case the longer period prevails. The Contractor shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Notwithstanding any provisions in the Contract Documents to the contrary, this express warranty shall commence on the date the Owner obtains the final certificate of occupancy for the Project (or equivalent). The Contractor shall conduct, jointly with the Owner, a warranty inspection nine (9) months after the date of Final Completion. Upon receipt of Notice from the Owner of failure of any part of the guaranteed equipment or materials during the guarantee period, the defective parts or materials shall be replaced promptly with new parts or materials by the Contractor, at no expense to the Owner. GC 55 ROYALTIES AND PATENTS. The Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and its representatives harmless from and against all claims, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the Contract. The Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer, or manufacturers, is specified; but if the Contractor has information that the process or article specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC 56 VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All contract amendments or change orders shall be written and executed by both Owner and Contractor. GC 57 MISCELLANEOUS TERMS, GC 57.1 Headings. The headings contained in these General Terms and Conditions are provided for convenience only. GC 57.2 Integration. This Contract constitutes the entire agreement between Contractor and the Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. GC 57.3 Severability. The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. City of Tamarac . Purchasing and Contracts Division The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. GC 57.4 Assignment. The Contractor shall not assign the Contract as a whole or in part without the written consent of the Owner, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Owner and its surety. Assigning the Contract shall not relieve the Contractor or his surety from any contract obligations. GC 57.5 Specific Waiver. Any waiver issued by the Owner of any provision of the Contract Documents shall only be effective if issued in writing by the Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. GC 57.6 Public Entity Crimes. By executing a Contract with Owner, Contractor certifies, in accordance with F.S. 287.133, that Contractor, its affiliates, suppliers, subcontractors and consultants who will perform under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of the Invitation to Bid. GC 57.7 Compliance with Laws. Contractor shall comply with all applicable City, State and Federal laws relating to the provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the work. GC 57.8 Small Business Requirements. Contractor shall comply with the City's Small Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated herein by reference. GC 57.9 No Solicitation. Contractor has not employed or retained any person employed by the Owner to solicit or secure the Contract and it has not offered to pay, paid, or agreed to pay any person employed by the Owner any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. GC 57.10 Non -Collusion. Contractor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors. (F.S. 838.22) GC 57.11 Equal Employment Opportunity; Non -Discrimination. Contractor will not discriminate against any employee or an applicant for employment because of race, color, religion, sex, national origin or handicap. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to race, color, religion, sex, natural origin or handicap. GC 57.12 Apprentices. If the Contractor employs apprentices on the project, the behavior of the Contractor and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and City of Tamarac , . Purchasing and Contracts Division Employment Security. The Contractor will include a provision similar to the foregoing sentence in each subcontract. GC 57.13 Unauthorized Aliens. The Owner shall consider the employment by Contractor or its subcontractors, any alien not authorized to work by the immigration laws or the Attorney General of the United States. Such violation shall be cause for unilateral cancellation of this contract. GC 57.14 Right to Audit. Contractor shall maintain adequate records of the services for at least three (3) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit the Contractor's books and records, at the Owner's expense, with regard to the accounts and services provided to or on behalf of the Owner hereunder to ensure that all aspects of the Contract are being met. Failure by Contractor to permit such audit shall be grounds for termination of this Agreement by the Owner. GC 57.15 Independent Contractor. Contractor represents that it is properly experienced, licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of the Owner and is not an employee of the Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained by the Owner; will not be covered by the Owner's workers' compensation insurance; and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the Owner to Contractor hereunder. GC 57.16 Availability of Funds. The obligations of the City/County under this Contract are subject to the availability of funds lawfully appropriated for its purpose. GC 57.17 Litigation. In the event suit is filed to construe or enforce this Agreement, the prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' fees and costs through trial and appeal. GC 57.18 Governing Law: Venue. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law. The Owner and Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Broward County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum non -convenience. GC 57.19 Notices. All written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby: To Owner: City of Tamarac City Manager 7525 NW 88t" Avenue Tamarac, FL 33321 With a copy to the City Attorn@Lat the following address: Goren, Cherof, Doody, & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 City of Tamarac Purchasing and cry r-acts Division To Contractor. Name. Address: -3161iES a �i Address: o FL � Z-- j Phone: 'mil -y2 -, "a GC 57.20 Taxes. Contractor shall pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. GC 57.21 Public Records. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance may be grounds for termination by the Owner. GC 58 Contractor Forms: The following forms must be executed by Contractor as a part of these contract documents: 1. Buy America Certificate of Compliance. 2. Certification regarding Lobbying. 3. Certification Regarding Debarment, explanation. Suspension, Ineligibility and Voluntary Exclusion- or Balance of page intentional left blank City of Tainarac x F PurchaSh7g and Contracts Division BUY AMERICA CERTIFICATE OF COMPLIANCE COMPLIANCE The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy America requirements. Bidder acknowledges that it will be required to produce Buy America certifications) from the producer(s) of the steel or iron or components prior to incorporating any such materials into the work or project. Company Name: CE 4 Authorized By: � � so-t Sa�ch•e Z (Sign) (Print Name) Title: Date: ��' �'� (I y 54 Agreement City of Tamarac Purchasing and Contracts division CERTIFICATION REGARDING LOBBYING The undersigned Bidder/Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying", 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the awards documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. 1352 (1)-(2)(A), any person who makes a prohibited expenditure of fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure] The Bidder/Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Company Name: L=�-N Authorized By: Z - V)(Sign) (Print Name) Title: W N..� Date: City of Tamarac Purchasingand Contracts Division Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; (b) have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting, to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property (c) are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) have not within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the Florida Department of Transportation." Company Name: F K c-'�, L-L-C__ Authorized By: Title: Wa�� ................ I 'SPvk SGv1 GV1'e2 (Sign) (Print Name) Date: o a CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) 10/16/14 PRODUCER South Pacific Professional Ins. 500 K W. 49th Street Hialeah, FL 33012 Phone (305)825-3535 INSURED ENCO, LLC 3878 SHERIDAN ST HOLLYWOOD, FL 33021- ADMIN@ENCOLLC.COM COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fax _(305)825-5694�____._. INSURERS _AFFORDING COVERAGE INSURER A: UNITED SPECIALTY INS COMP INSURER B:�ASCENDANT COMMERCIAL INS INSURER C: NAIC # I INSURER D: EVANSTON INSURANCE COMPANY I I INSURER E: INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVIiITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD`L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS _ L7R-1 INSRQ _ ,____�_.__ ....___.. ,...__ w _ _ _ _ _.._.. _._ _.._..__.�__M_..,... _ DATE {MMIDDiYY�� _ DATE � 1,000,000 GENERAL LIABILITY EACH OCCURRENCE I COMMERCIAL GENERAL LIABILITY < Q MAGE TD RENTED _..--- CGDO0003444-01 03/12/14 03/12/15 PREMISES (g@ occurence).... 100,000 ❑ ❑ CLAIMS MADE IJ OCCUR MED EXP (Any one person] _. v� 100000 AEl t s PERSONAL & ADV INJURY 110000000 00,000 El GENERAL AGGREGATE PRODUCTS - COMPIOP AGi 2,02,UOCi,OOO _ . _._._._._...._.__.....Y..._.._.._ �G� GEN'L AGGREGATE LIMIT APPLIES PER: _..,,r,...__.. ❑ POLICY ❑ PROJECT ❑ LOC AUTOMOBILE LIABILITY ; COMBINED SINGLE LIMIT 11000,000 Q ANY AUTO CA-2569-05 09/23/14 09/23/15['_(!��accident)___- ❑ ALL OWNED AUTOS BODILY INJURY B Q ❑ SCHEDULED AUTOS (Per person}_ [� HIRED AUTOS BODILY INJURY ❑ NON OWNED AUTOS (Per accident) ❑.__.__........._...�_._____.___�..______..._.._.__. � PROPERTY DAMAGE ._ __ ❑__ _..._.. �.___ _ .__. _ _� ._ _ ....,_ __ _. ___ ___ _.. _ �_._....._ ._._ _ _ ____ _____ ! _._� _ .__.._____._.. (Per accident) 4 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT___._ i ❑ ❑ ANY AUTO OTHER THAN EA ACC �.__.. ..._.,.... � ..___..____......._..___._��.__........__..__.....�____.________.___.__.....�....�_......_.,._._.__..,_�._ �....._,___..___._..... AUTO ONLY: AGG .._ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE 3,000,000 CGL71697 o4/2ot14 o4/2a/� � Q OCCUR Q CLAIMS MADE AGGREGATEM MM. 3,0009000 ID � ❑ DEDUCTIBLE ❑ RETENTION $ _ __N ..._._....._.__....�-. INIORKERS COMPENSATIOAND { � � ❑ WC STATU- ❑ OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE , E.L. EACH ACCIDENT OFFICER / MEMBER EXCLUDED? If yes, describe under E.L. DISEASE -,EA EMPLOYEE SPECIAL PROVISIONS below ETML. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS THE CERTIFICATE HOLDER LISTED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF TAMARAC 7525 NW 88 AVE TAMARAC, FL 33321 954-920-9040 ACORD 25 (2001/08) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOAEAN"BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER -'IT_ S O REPRESENTATIVES. AUTHORIZED REPRESENTAN...w-m;;~''"� ORD CORPORATION 1988 ENCOLLC-01 MATERAT CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 10/17/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Office of America -LNG 1855 West State Road 434 Longwood, FL 32750 CONTANAME: Dawn Silver PHONE (A/C.No 407 7883000 Ext : - FAX A/c No): (407) 788-7933 E-MAADDRESS: Dawn.Silver@ioausa.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Star Insurance Company 18023 INSURED INSURER B : ENCO LLC 3878 Sheridan St INSURER C : Suite E INSURER D : Hollywood, FL 33021 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: RFVISInN NUMRFR-- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY .CLAIMS-MADE17 OCCUR RENTEDDAMAGE TO PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[_—] PRO- LOC JECT OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS ' COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? F7N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below / A WC078406400 03/25/2014 03/25/2015 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 19000900 E.L. DISEASE - EA EMPLOYEE $ 19000900 E.L. DISEASE - POLICY LIMIT $ 19000900 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Tamarac 7525 NW 88th Avenue ".. C_� Tamarac FL 33321 1 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD